Search results for: “action brought before an administrative court”
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Hague International Child Abduction Convention Analysis
Hague International Child Abduction Convention: Legal Analysis Introduction The Convention was adopted on October 24, 1980 at the Fourteenth Session of the Hague Conference on Private International Law in Plenary Session by unanimous vote of twenty-three member states of that organization. The Convention was opened for signature on October 25, 1980, at which time it…
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Discretion Over Foreign Relations
Executive Branch Discretion Over Foreign Relations in 2013 United States views on international law [1] in relation to Executive Branch Discretion Over Foreign Relations: Detroit International Bridge: Constitutionality of International Bridge Act On August 30, 2013, the United States filed […]
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International Recognition
Recognition in International Law In a world system where the principal actors are independent and sovereign states, that choose to regulate their relations through the medium of a system of international law, to be recognised as a state and to become endowed with the legal rights and obligations that this entails is thus of central…
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International Recognition
Recognition in International Law In a world system where the principal actors are independent and sovereign states, that choose to regulate their relations through the medium of a system of international law, to be recognised as a state and to become endowed with the legal rights and obligations that this entails is thus of central…
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Constitutional Review
Constitutional Review Article from Tom Ginsburg, of the University of Chicago Law School, published in the Comparative Constitutional Review in July 30, 2008: “Constitutional review is the power to examine statutes and government actions for conformity with the constitution. From its origins in the American experience, the institution has spread around the globe to become…
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Legal History
Legal History “This abstraction called the Law,” Justice Oliver Wendell Holmes, Jr., once observed, is “a magic mirror, [wherein] we see reflected, not only our own lives, but the lives of all men that have been!”1 Holmes believed that this “magic mirror” offered historians an opportunity to explore the social choices and moral imperatives of…
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International Arbitration, Historical
International Arbitration International arbitration is a proceeding in which two nations refer their differences to one or more selected persons, who, after affording to each party an opportunity of being heard, pronounce judgment on the matters at issue. It is understood, unless otherwise expressed, that the judgment shall be in accordance with the law by…
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Alabama Arbitration
“Alabama” Arbitration Introduction According to Collier’s New Encyclopedia, the Alabama claims were a “series of claims made in 1871 by the United States against the English Government for damages done to shipping during the Civil War, after a formal discussion between the two governments in 1865, and fruitless conventions for their settlement in 1868 and…
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History of Nationalization
History of Nationalization Introduction The fact that “Nationalization” had become in 1916-21 one of the burning political questions of the day is unfortunate as regards arriving at a clear appraisal of its principles, for, from the outset, it is difficult for a writer to avoid a certain bias in approaching its discussion. Yet Nationalization of…
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Classification for Law Libraries
Classification for Law Libraries Moys Classification Introduction to the First Edition Part 1: Principles of Library Classification for Law books In compiling a library classification for any special subject, whether it be law, engineering or literature, the general rules of classification, such as the exclusiveness of categories and the comprehensiveness of the sum total of…
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De Sanchez v. Banco Central de Nicaragua
JOSEFINA NAJARRO de SANCHEZ v. BANCO CENTRAL de NICARAGUA United States Court of Appeals for the Fifth Circuit 770 F.2d 1385 Decided September 19, 1985 GOLDBERG, Circuit Judge: Clausewitz once described war as politics carried on by other means. Here it could be said that litigation is war carried on by other means. The plaintiff’s…
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Matimak Trading Co. v. Khalily
Matimak Trading Co. v. Khalily United States Court of Appeals for the Second Circuit Federal Reporter, Third Series, vol. 118, p. 76 (1997) Circuit Judge McLaughlin: Plaintiff appeals from an order entered August 19, 1996 in the United States District Court for the Southern District of New York (Wood, J.) dismissing plaintiff’s claims for lack…
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Constitutional Text: Brazil Constitution of 1988
Constitutional Text: Brazil Constitution of 1988 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL OCTOBER 5, 1988 Preamble We, the representatives of the Brazilian People, convened in the National Constituent Assembly to institute a democratic state for the purpose of ensuring the exercise of social and individual rights, liberty, security, well-being, development, equality and justice as…
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Constitutional Texts: Bavaria 1808 and 1818 Constitutions
Constitutional Texts: Bavaria 1808 and 1818 Constitutions BAVARIA’S CONSTITUTION OF 1808 MAY 1ST, 1808 We Maximilian Joseph, by the grace of God King of Bavaria. We are governed by the conviction that as long as the State remains a mere aggregate of separate parts, it can neither achieve its full potential strength, for which it…