Henkin: Arms Control and Inspection in American Law

A Review of Arms Control and Inspection in American Law. By Louis Henkin. With a Foreword by Philip C. Jessup

Uniformity and Diversity in a Divided-Power System: The United States\u27 Experience

The modest purpose of this paper is to inquire, in a specific contemporary context, why, by whom, and through what process a uniform rule is accepted or imposed in place of diverse rules. The first, methodological part of the paper offers a pattern for an analysis; the second part applies the pattern and illustrates the working of the process in the field of family law. I have chosen family law because in that field there has traditionally been concern for regional differences and because there has been an instructive interplay between regional and central powers. It may not come as a surprise that the inquiry will lead us to issues at the heart of the federal process. Moreover, the institutional analysis will bring us to the threshold of societal problems arising out of cultural heterogeneity and caused by value conflicts of private against public good and equality against individual achievement

Toward Supremacy of Treaty-Constitution by Judicial Fiat: On the Margin of the Case

Increased interdependence of states in modem times has shaken the nineteenth century doctrines of extreme dualism and positivism. These doctrines would build an impenetrable wall between the international and national legal orders; they would elevate the state to the position of exclusive actor and deny the individual any standing in the international legal order; and, in the interpretation of a rule of law, they would exclude any regard for the political, economic, and social context in which the rule is applied

Vaclav Havel and the Velvet Divorce

The following essay is based on the book, Czecho/Slovakia: Ethnic Conflict, Constitutional Fissure, Negotiated Breakup, recently published by University of Michigan Press, © 1997. Publication is by pennission. Almost five years have passed since the breakup of Czecho Slovakia on Dec. 31, 1992. It may not be too early to start the process of appraising the role played by Vaclav Havel in the Czech-Slovak constitutional negotiations that ended in the dismantling of the state. While most records of the last crucial phase are not available as yet, some direct participants are prepared to talk about their experience. Moreover, because the time elapsed is relatively short, the historic reality of the outcome has not settled so firmly as to make difficult a consideration of alternative choices of conduct that might have been available at critical stages of the negotiations

France and NATO: Law and Peaceful Change

Excerpts from an address delivered by Professor Eric Stein on April 10, 1968 at the University of Chicago Law School under the sponsorship of the Norman Wait Harris Committee and based on a study which was published in 62 American Journal of International Law 577-640 (July 1968). Our able Ambassador to France, Charles E. Bohlen, who just recently relinquished his post in Paris, has said before a Senate Committee that the withdrawal of France from the NATO integrated commands was probably the most serious event in European history since the end of the war. When we weigh this assessment we might keep in mind the wise observation by Alexis de Tocqueville. I am tempted to think, wrote de Tocqueville, that what we call essential institutions are often only the institutions to which we are accustomed, and that where the pattern of society is concerned, the range of possibilities is far wider than the men living in this society imagine. Yet there is little question that the French move was a significant development in postwar Europe

Jake and I: A Story of a Collaboration

Tribute to Harold Jacobson

APPLICATION OF THE LAW OF THE ABSENT* SOVEREIGN IN TERRITORY UNDER BELLIGERENT OCCUPATION: THE SCHIO MASSACRE

On July 6, 1945, in the village of Schio, a small community in the northern Italian Province of Vicenza, fifty-four persons confined in the Schio jail were shot to death by masked men who had forced their way into the prison. A large majority of the persons held in the Schio jail at the time of the shooting were suspected of collaboration with the Germans, and other political crimes. No formal charges were pending against one-third of the prisoners. At the time of the massacre the area was under the rule of the Allied Military Government. Seven former partisans were arrested and charged before an Allied Military Court with the premeditated murder of the fifty-four prisoners and the attempted murder of thirty-one others

Europe\u27s Evolving \u27Constitution\u27

The following essay is an updated excerpt based on the keynote address the author delivered at the ninth International Conference of the European Union Studies Association last year in Austin, Texas, at which he was awarded EUSA’s Lifetime Contribution to the Field Prize. Stein was the first lawyer to receive the prize, which had been awarded three times previously. The complete address appears in the summer 2005 issue of EUSA Review, Vol. 18, No. 3