Tag: LAW JOURNAL

This Note will discuss recent US import quotas in light of the United States’ obligations under GATT. Part I of this Note will examine the legal frameworks of the US Constitution, GATT, and section 301. Part Ii will focus on the domestic and international conflicts that have stemmed from recent protectionist legislation proposed by Congress. Read More …

This Note will propose five steps towards establishing an effective method of bringing terrorists to justice. Part I of this Note will detail the facts surrounding the Achille Lauro incident. Part II will discuss the laws governing extradition, including the obligations of Egypt and the United States arising under the United States-Egypt Extradition Treaty, the Read More …

People disagree about international law. To help them work through these disagreements, the discipline has developed a series of rules on the interpretation of its various sources—most notably, Articles 31 and 32 of the Vienna Convention on the Law of Treaties and the standards developed by the International Court of Justice and the International Law Read More …

In Mitsui & Co. v. American Export Lines, Inc., the Court of Appeals for the Second Circuit rejected the “functional economics” test which it had developed in an earlier case as a standard for interpreting section 4(5) of the Carriage of Goods by Sea Act (COGSA). Part One of this Recent Development will discuss the Read More …

Certain admiralty cargo issues are litigated frequently, often in search of a magical test which will preclude all further litigation. Three such issues are package limitations, the burden of proving the condition and quantity of cargo stowed within containers, and the point at which the ocean carrier delivers cargo at discharge and thus completes its Read More …

Genocide was declared an international crime in 1946. In response to this declaration, the Convention on Prevention and Punishment of the Crime of Genocide was adopted in 1948. Although 28 years have passed, the United States has not yet determined its position, with respect to the Convention and this international compact is still pending before Read More …

This Article discusses the legal framework for sovereign debt restructuring in the euro area both de lege lata and de lege ferenda. Sovereign debt restructurings remain exceptional events that come with profound implications for financial stability and monetary policy transmission. However, they may become necessary as part of a financial assistance program to a euro Read More …

Canada and the United States are each other’s largest commercial partners. Bilateral trade between the two countries, which amounted to well over 110 billion dollars worth of goods and services in 1984, is greater than the United States combined bilateral trade with both Japan and the European Community.’ Furthermore, they are each other’s greatest source Read More …

The Republic of China adhered to a very conservative posture with regard to the law of the sea until long after it could have justifiably adopted a more assertive stance in view of customary state practice. Thus as late as 1979, the Republic of China still adhered to a three-mile limit for its territorial sea, Read More …

National security and trade policy have frequently intersected, but over the past several years, conflict has grown. After decades of careful avoidance of invoking national security in disputes at the GATT/WTO, there has been a recent proliferation of these cases. And most controversially, the Trump administration has adopted an expansive interpretation of “national security” to Read More …