bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Second Session of the International Law Commission
Authors: Eagleton Clyde 
Published: April 2006

The International Law Commission held its second session in Geneva from June 5 to July 29, 1950. Two members were absent and the Soviet member, Professor Koretsky, withdrew when the Commission refused to exclude the member who was a national of China. The Chairman ruled, and was upheld by the Commission, that Mr. Koretsky’s proposal was out of order since the members of the Commission serve in a personal capacity and not as representatives of governments. Professor Georges Scelle was elected Chairman.On the agenda were several topics, the treatment of which can only be briefly noted here. The General Assembly had asked the International Law Commision to formulate the principles of international law recognized in the Charter and in the judgment of the Nürnberg Tribunal. The Commission took the view that its task was not to express any appreciation of the Nürnberg principles as principles of international law, but merely to formulate them in accordance with instructions. Seven principles were stated and were referred back to the General Assembly.
The United States-Rumanian Claims Settlement Agreement of March 30, 1960
Authors: Christenson Gordon A. 
Published: April 2006

On March 30, 1960, the United States and Eumania settled by agreement certain claims of American nationals against Rumania. The agreement provides for the payment by Rumania of a lump sum in discharge of those claims.In recent years the device of the en bloc or lump-sum settlement of international claims has to some extent replaced the use of the mixed claims commission. Lump-sum settlements between nations are not unique to the 20th century, however, and as early as 1802, the United States paid Great Britain a lump sum of £600,000 ($2,664,000) to settle certain debt claims. In the 19th century also, the United States obtained lump-sum settlements from Prance, Spain, Great Britain, Denmark, Peru, Belgium, Mexico, Brazil and China. Early in the present century mixed claims commissions were used in deciding claims between the United States and Great Britain, war damage claims against Germany, Austria and Hungary, claims between the United States and Mexico, and claims between Panama and the United States. When the work of the United States-Mexican General Claims Commission remained uncompleted after two successive conventions which extended the existence of the Commission, and when practical difficulties beset the United States-Mexican Special Claims Commission, an en-bloc settlement of all claims was the only solution. That settlement signaled disillusionment with mixed claims commissions. Thereafter, the major international claims settlements involving the United States were on a lump-sum basis. The very next settlement was one concluded on October 25, 1934, with Turkey. It provided for the payment of a lump sum of $1,300,000 to settle certain outstanding claims of American citizens against Turkey.
The Cuban Quarantine
Authors: Wright Quincy 
Published: April 2006

Many problems of international law have arisen in connection with United States-Cuban relations since the establishment of the Castro regime in 1959, especially in regard to the following incidents:1. Castro's confiscation of American property in Cuba in 1960, said to be in reprisal against the United States reduction of the Cuban sugar quota, was asserted by an American court to have been a breach of international law, and, following controversy over the number of persons in the U. S. Embassy in Havana, the United States broke diplomatic relations on January 3, 1962.
Is the Law of Responsibility of States for
Injuries to Aliens a Part of Universal
International Law?
Authors: Roy S. N. Guha 
Published: April 2006

That a wrong done to an individual must be
redressed by the offender himself or by someone
else against whom the sanction of the community
may be directed is one of those timeless axioms of
justice without which social life is unthinkable.
The most primitive form of redress which insisted
on an eye for an eye and a tooth for a tooth was
not really reparation at all, but retaliation pure
and simple, treated as a substitute for
reparation. Measures of individual retaliation are
no longer permissible in municipal law and
impartial tribunals are entrusted with the duty of
determining the nature and the extent of the
reparation for a given wrong according to the law
of the land.
International law has tried to follow
parallel lines of development in this respect but
has failed to keep pace with municipal law,
largely because of its inherent difficulties.
Reprisals, which are no better than individual
retaliation, continued till even the other day to
be acknowledged as a legitimate mode of
reparation. The Covenant of the League of Nations,
while imposing restrictions on resort to war, left
uncertain the right of nations to make use of
force short of war, suggesting thereby that the
legality of reprisals might remain untouched. The
Charter of the United Nations forbids the use of
force except in certain contingencies and the
implication of the relevant provision may well be
that reprisals are still legal as long as they do
not involve the use of force.
Civil and Political Rights: The International Measures of Implementation
Authors: Schwelb Egon 
Published: April 2006

In his great blueprint, “An International Bill of the Rights of Man,” written in 1943, i.e. before the Dumbarton Oaks Conversations of 1944 and the San Francisco Conference of 1945, Professor Hersch Lauterpaeht (as he then was) suggested that the international machinery for securing the observance of the “International Bill of the Rights of Man,” which he then proposed, must be of two kinds—of supervision in its widest sense, and of enforcement. By “supervision in its widest sense” he meant “all activity calculated to ensure the observance of the Bill of Rights short of actual enforcement by political or physical means of compulsion.” He went on to say that this included
. . . the collection and publication of information, the receipt of petitions from private sources and representations from States, the communication with governments concerning such petitions and representations, the submission to the highest international political authority of periodical reports on the operation and observance of the Bill of Rights, and, finally, the transmission to that authority of cases of infraction of the Bill sufficiently serious to call for further investigation, for negotiation by the political authority, and, if necessary, for collective enforcement.
Some Aspects of International Jus Cogens as Formulated by the International Law Commission
Authors: Schwelb Egon 
Published: April 2006

Article 50 of the Draft Articles on the Law of Treaties, which were presented by the International Law Commission to the General Assembly in 1966 and which the General Assembly has referred, as the basic proposal for consideration, to the international conference of plenipotentiaries, provides under the heading “Treaties conflicting with a peremptory norm of general international law (jus cogens)” that:
A treaty is void if it conflicts with a peremptory norm of general international law from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
Can the President do no Wrong?
Authors: Glennon Michael J. 
Published: April 2006

When the President does it, that means that it is not illegal.Richard M. NixonCustomary international law is part of federal common law. Federal common law is binding on every executive branch official, including the President. Congress can by statute create a different rule, however, because federal common law is interstitial; it fills in gaps between statutes and gives way when an inconsistent law is enacted. Consequently, with congressional authorization, the Chief Executive can disregard any norm of customary international law. But in the face of congressional silence, he is required to respect a clearly defined and widely accepted norm of customary international law. I consider this position, elaborated in a recent article in the North-western Univernty Law Review, to be most consistent with traditional separation-of-powers principles and also the soundest functional approach.
Dispatch: A New Weekly Record of the U.S. State Department
Authors: Lutz Colleen A. 
Published: April 2006

Dispatch, a new weekly record of the U.S. Department of State, compiles major foreign policy speeches and congressional testimony by senior U.S. officials, as well as treaty actions and ambassadorial appointments.Every week, Dispatch publishes the most current information on U.S. foreign policy. In addition to speeches and congressional testimony, Dispatch carries policy summaries, fact sheets and feature articles, plus updates on events in the Middle East and on public and private sector assistance to Eastern and Central Europe.
Extradition statute—constitutional law—separation of powers—injunction against U.S. Government— class action: Lobue v. Christopher. 893 F.Supp. 65.
Authors: Bello Judith Hippler , Semmelman Jacques 
Published: April 2006

U.S. District Court, D.C., August 31, 1995; modified September 15, 1995.This action involved a constitutional challenge to the 147-year-old extradition statute, 18 U.S.C. §3184, on die ground that it violates the separation of powers. Plaintiffs were two individuals who had been found extraditable to Canada, pursuant to the extradition treaty between die United States and Canada, by a U.S. magistrate judge in the Northern District of Illinois. They brought an action in the District of Columbia against the Secretary of State, the Department of State, and the United States for a judgment declaring the extradition statute unconstitutional, and an injunction against their extradition. Plaintiffs also sought certification of a class consisting of persons who are or will be under threat of extradition from the United States pursuant to the statute, and an injunction against any such extradition. The court held (per Lamberth, J.) that (1) the extradition statute violates the separation of powers and is therefore unconstitutional; (2) the United States is enjoined from taking any further act toward the surrender of the plaintiffs to Canada; and (3) the proposed class is certified, and the United States is enjoined from surrendering anyone under the statute.
Contemporary Practice of the United States Relating to International Law
Authors: Nash Marian 
Published: April 2006

The material in this section is arranged according to the system employed in the annual Digest of United States Practice in International Law, published by the Department of State.Alan J. Kreczko, Deputy Legal Adviser of the Department of State, appeared before the Senate Committee on Foreign Relations on April 8, 1992, to testify in support of various pending treaties, among them four extradition treaties: the Extradition Treaty between the Government of the United States of America and the Government of the Commonwealth of The Bahamas, signed at Nassau on March 9, 1990; the Protocol Amending the Treaty on Extradition between the United States of America and Australia, signed on September 4, 1990, at Seoul, Republic of Korea (where the Asia-Pacific Attorneys General Conference was being held); the Supplementary Treaty to the Treaty between the United States of America and the Federal Republic of Germany concerning Extradition, signed at Washington on October 21, 1986; and the Second Supplementary Treaty on Extradition between the United States and Spain, signed at Madrid on February 9, 1988.
Filling the Gap between Radishchev and the Decembrists
Authors: Raeff Marc 
Published: April 2006

In general histories of Russian social and philosophical thought we usually find a gap between 1790 (publication of Radishchev's Journey) and 1815 (the establishment of the first secret societies by the future Decembrists). This quarter of a century could boast neither a prominent personality nor a cause cèlèbre of government persecution. True enough, there was Karamzin and his Zapiska o drevnei i novoi Rossii (Memoir on Ancient and Modern Russia); but the tract remained long unknown, and its author is usually dismissed as a lone figure whose impact on the development of the ideologies that were to matter was, at best, peripheral. General histories of literature treat this period primarily in terms of the philological debate between Karamzin and Shishkov and as prologue to Romanticism. Thus, in the one case, the period is described exclusively in terms of Russia's literary history, which is not very satisfactory to the student of social and political ideas; for literature—even as engagé a literature as was Russia's in the nineteenth century—is hardly an adequate source or form of ideology. In the other case, Radishchev must perforce be viewed as an isolated figure, a maverick, without either followers or immediate influence. Furthermore, the obvious implication is that there were no direct links between the Decembrists and eighteenth-century Russian ideas, so that the young rebels of 1825 must have been influenced exclusively by their experiences with the life and thought of Western Europe.On the strength of the testimony of all contemporaries, however, the first decade of the nineteenth century was a period of great intellectual ferment, of exhilarating optimism about Russia's prospects for “modernization” (to use a fashionable term). Compared with the last years of Catherine II and with the reign of Paul, these decades also offered greater freedom, more opportunities for the expression of ideas and hopes. Could indeed the outrage and disillusionment at Alexander's so-called reactionary stance after 1815 be understood if it were not for the fact that his reign had opened on such a strong note of optimism and vitality?
Education of the Non-Russian Peoples in the USSR, 1917—1967: An Essay
Authors: Bilinsky Yaroslav 
Published: April 2006

In Any Multinational State the language and content of elementary and secondary education are liable to become controversial political issues. The dedicated nationalist will be concerned about safeguarding the purity of his people's heritage. On the other hand, many parents want their children to achieve responsible positions that call for higher education. Equal access to universities and technical institutes by students of all nationalities then becomes the touchstone of equitable educational policy. This essay seeks to evaluate briefly Soviet educational policy toward the non-Russian peoples that together make up nearly one half of the total population of the USSR (454 percent in 1959).The problem of educating constituent peoples and ethnic, cultural, or racial minorities equitably is, of course, not limited to the Soviet Union. The classic example of a genuinely multilingual state, with four official languages, is Switzerland. But even in that country, higher education is available only in French and German. Nonetheless, despite their linguistic differences the Swiss remain exceptionally attached to their little country, which was founded in 1291. Not so united is Belgium, a creation of the nineteenth century. In February 1968, for the first time in that country's history, the long-smoldering language dispute brought down a government: the division of the country into Wallonia and Flanders, with a theoretically bilingual Brussels enclave, has not worked out smoothly, nor has the division of Louvain University into French- and Dutch-speaking sections.
Bolshevik Approaches to Higher Education, 1917-1921
Authors: Mc Clelland James C. 
Published: April 2006

The period 1917-21 in Russia found the fledgling Bolshevik government engaged in desperate military struggles with imperial Germany, with several White Russian armies assisted in varying degrees by foreign troops and supplies, with national movements for independence, and with a newly restored Poland. Yet despite an ever-present military threat to the very existence of the new government, many Bolshevik leaders remained constantly aware that theirs was a revolutionary regime, with the goal of achieving a radical trans? formation of the social, economic, political, and cultural institutions they had inherited. Consequently this same period witnessed, in addition to the crucial military conflicts, several experimental efforts to achieve thoroughgoing institutional change.Higher education was one such target of reform, and this paper will describe succeeding attempts undertaken during 1917-21 to implement three radically different blueprints for reform of the higher educational system.
“Peter I's Testament“: A Reassessment
Authors: Subtelny Orest 
Published: April 2006

For over a century scholars have been intrigued by one of history's most famous apocryphal works, the “Political Testament of Peter the Great.“The central theme—a warning of the danger Russia represents to all her neighbors —has always been a relevant topic for discussion. However, a satisfactory explanation of the document's genesis is yet to be given. One thing is clear: the “testament” is a forgery, an attempt to “frame” Peter I. But who is the culprit? The question has aroused the instincts of the detective in many historians and set them on the miscreant's trail.Suspects were not lacking. Initially, circumstantial evidence pointed to Napoleon as the author or inspirer of the fabrication, since it was in 1812 in France that the first published version of this document appeared. Soon, however, suspicion fell on C. L. Lesur, one of the emperor's propagandists and the author of the work which contained the published text.
Reply
Authors: Hutchings Raymond 
Published: April 2006

It is a professionally valuable experience to debate with such eminent critics. Although the focus here will be on our disagreements (because of space limitations some criticisms must go unanswered), I regard as chiefly significant our agreement that Soviet design is important, and has attracted too little attention.David Granick’s essay, complementary to mine and unlike the others from a strictly economic standpoint, calls for little rejoinder. I would merely add that if (as I concur) much Soviet design has been “surprisingly” good, this may be partly attributable to a certain autonomy of indigenous design principles, which leads back to one theme of my work.
Recent Publications on Archives and Manuscript Collections in the Soviet Union: A Selective Survey
Authors: Grimsted Patricia Kennedy 
Published: April 2006

Ten years have elapsed since the publication of my general directory of archival repositories in Moscow and Leningrad and six years since its first bibliographical supplement. Space does not allow a full review here of all the finding aids and related reference literature issued in subsequent years. Yet a number of significant new publications deserve attention. A further incentive for this review is the appearance — in the western Ukrainian center of Lviv — of an extensive new directory of Soviet archives and manuscript collections. The appearance of such a long overdue, basic reference tool immediately arouses considerable interest.The publication of this volume in Lviv evokes a long and distinguished tradition of archival development and historical scholarship in Galicia. Yet the inherent problems and logistics of preparing a directory of all-union scope in Lviv might explain some of the problems of the volume, while its issue in Lviv, unfortunately, makes the volume more difficult to obtain in the West. Nevertheless, the breadth and scope of the contribution stand as a tribute to the vision and energy of the author-compilers from Lviv University, Iu. M. Grossman (Iu. M. Hrossman) and V. N. Kutik (V. N. Kutyk). A detailed review of the Lviv directory can here also draw attention to other recently published archival reference aids and recent Soviet archival developments in general background literature and bibliography and in Grossman and Kutik's coverage of specific institutions and their finding aids.
Pretenders to History: Four Plays for Undoing Pushkin's Boris Godunov
Authors: Emerson Caryl 
Published: April 2006

Among the problematic works of great writers, Pushkin's Boris Godunov occupies a special place. This strange hybrid of history, drama, narrative poetry, and prose Pushkin called a “romantic tragedy,” and he considered it his masterpiece. Yet the play's publication in 1831 was met with surprise and dismay. By consensus of a baffled public, Boris Godunov was a failure—neither romantic, nor feasible on the tragic stage.Since that time, generations of critics, playwrights, and producers have tried to come to terms with this troublesome text. Tolstoi's famous comment—that all great nineteenth-century Russian works defy clear generic classification1—has been invoked in defense of many irregular texts, but not this one. Boris remains stubbornly, inexplicably “undramatic.” Criticism has in fact tended to redefine the play rather than to investigate it. Boundaries are routinely blurred between the historical Tsar Boris, the historical period when his tale is retold, and the world of the fictional creation itself.
Mandel'shtam's Mandel'shteln (Initial Observations on the Cracking of a Slit-Eyed Nut, OR a Couple of Chinks in the Shchell)
Authors: Pollak Nancy 
Published: April 2006

But the impervious geodeWas entered, and its inner crustOf crystals with a ray cathodeAt every point and facet glowedIn answer to the mental thrust.Robert Frost, “All Revelation”A crucial year for Osip Mandel'shtam was 1930: it was in October of that year, in Tiflis, on the way back from Armenia, that poetry returned to him, after five years during which he wrote almost no verse. The Armenia poems (numbers 203-218) are among the first of the “new verse,” and, with their theme of penance for unproductivity and attempt to transform the factors of disturbance—the sense of limitation, confinement, deprivation—into sources of new energy, they testify to Mandel'shtam's current concern with the operations of his work. Moreover, at this juncture Mandel'shtam gives programmatic attention to the principles of his writing.
Soviet and American News: Week of Intensive Interaction
Authors: Mickiewicz Ellen , Haley Gregory 
Published: April 2006

In 1940, there were only 400 television sets in the Soviet Union. By 1950, there were 10,000; a decade later, some 4.8 million. Then in the five years between 1965 and 1970, the availability of television sets more than doubled, and by 1976, Soviet industry was producing 7 million sets annually. In 1960, only 5 percent of the Soviet population could watch television, but by 1986 that figure had risen to 93 percent, and television signals could be received in more than 86 percent of the territory of the U.S.S.R. Nearly all the households that are unable to receive television are in sparsely settled rural areas, mainly Siberia.Although television is a relative newcomer to the Soviet media system, it has exerted an enormous effect on leisure time use. It has also reoriented patterns of information acquisition. Of the events in the world abroad covered by the Soviet media 86 percent are known to people through television, 77 percent through the newspaper, and 62 percent from radio.