Oil Pollution from Ships. International, United Kingdom and United States Law and Practice. By D. W. Abecassis and R. L. Jarashow. 2nd ed. [London: Stevens & Sons. 1985. xlix + 619 pp. £75] - Control of Marine Pollution in International Law. By Ramanlal Soni. [Cape Town: Juta & Co.1985. xxi + 301 pp. R.86]

1986 ◽  
Vol 35 (4) ◽  
pp. 1009-1010
Author(s):  
J. W. Woloniecki
Keyword(s):  
United States ◽  
United Kingdom ◽  
International Law ◽  
Oil Pollution ◽  
Marine Pollution ◽  
Cape Town

The International Law Standard in the Statutes of Australia and the United Kingdom

1979 ◽  
Vol 73 (4) ◽  
pp. 628-646 ◽  
Author(s):  
James Crawford
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
International Relations ◽  
International Law ◽  
20Th Century ◽  
Foreign Affairs ◽  
Robert Wilson ◽  
The United Kingdom ◽  
International Role

In a series of articles in this Journal, Professor Robert Wilson drew attention to the incorporation of references to international law in United States statutes, a technique designed to allow recourse to international law by the courts in interpreting and implementing those statutes, and, consequently, to help ensure conformity between international and U.S. law. The purpose of this article is to survey the references, direct and indirect, to international law in the 20th-century statutes of two Commonwealth countries in order to see to what extent similar techniques have been adopted. The choice of the United Kingdom and the Commonwealth of Australia as the subjects of this survey is no doubt somewhat arbitrary (although passing reference will be made to the legislation of Canada and New Zealand). But the United Kingdom, a semi-unitary state whose involvement in international relations has been substantial throughout the century, and the Commonwealth of Australia, a federal polity with substantial legislative power over foreign affairs and defense -whose international role has changed markedly since 1901, do provide useful examples of states with constitutional and legislative continuity since 1901, and (as will be seen) considerable legislative involvement in this field.

Development of the International Convention on Oil Pollution Preparedness and Response

1991 ◽  
Vol 1991 (1) ◽  
pp. 353-355
Author(s):  
Cadets John P. Nolan ◽  
Susan J. Blood
Keyword(s):  
United States ◽  
Oil Spills ◽  
Oil Pollution ◽  
Marine Pollution ◽  
Pollution Prevention ◽  
Development Program ◽  
The United States ◽  
International Convention ◽  
Pollution Damage ◽  
Information Center

ABSTRACT The International Oil Pollution Prevention and Response (OPPR) Convention represents current international efforts to improve capabilities to prepare for and respond to catastrophic oil spills. Initiated by the United States, it is being negotiated by the Marine Environment Protection Committee of the International Maritime Organization (IMO). Major components of the proposal include the establishment of an International Marine Pollution Information Center located at IMO headquarters, National Response Centers in each coastal state, and oil spill response contingency plans for ships. Other proposed articles include prepositioning of oil response equipment in high-risk areas, a research and development program for response techniques, and international cooperation during responses to catastrophic oil spills. Several problems have complicated negotiations of the OPPR Convention. First, severe time constraints have been placed on the negotiators, with the final conference1 to consider the OPPR scheduled for November 1990. Second, the United States suffers from a lack of credibility in the IMO, since the Senate has not yet ratified previous initiatives, the 1984 protocols to the 1969 International Convention on Civil Liability for Oil Pollution Damage, and the 1971 Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. Finally, the IMO's financial troubles have placed the concept of the International Information Center in jeopardy. In spite of these obstacles, a clear majority of countries are willing to support the document, realizing that it fills a gap in marine oil pollution prevention and response. The OPPR Convention will likely be carried through to adoption by the November conference. This paper traces the development of the International Convention on Oil Pollution Response and Prevention. It summarizes the background and initial proposals of the Convention, and then discusses the problems that arose during negotiations. Finally, it describes the present status of the Convention and offers a projection of its future direction.

Part II, 5 Legal Protection of Religious Freedom

2013 ◽  
Author(s):  
Ahdar Rex ◽  
Leigh Ian
Keyword(s):  
United States ◽  
United Kingdom ◽  
International Law ◽  
Religious Freedom ◽  
Legal Protection ◽  
The United States ◽  
Religious Liberty ◽  
Constitutional Protection ◽  
Difficult Question ◽  
The United Kingdom

This chapter first considers the broad nature of ‘religious freedom’. It then outlines the various systems of constitutional protection for religious liberty in different nations such as the United States, the United Kingdom, Canada, and so on, as well as the guarantees in international law for religious rights. Next, it explores the difficult question of how one defines ‘religion’ for the purpose of recognizing religious liberty.

Intelligence Communities and International Law

2018 ◽  
Author(s):  
Ashley S. Deeks
Keyword(s):  
United States ◽  
United Kingdom ◽  
National Security ◽  
International Law ◽  
The United States ◽  
The United Kingdom

The lack of certainty about the precise status of various intelligence activities in international law fosters conditions under which states can choose—and have chosen—different paths through the thicket. This chapter compares how certain states’ intelligence communities (ICs) approach their international law obligations. The United Kingdom asserts that its IC’s activities comply with international law. The United States, in contrast, implies that certain IC actions may violate international law, though it avoids specific public statements about such deviations. This chapter identifies and analyzes the problems and benefits posed by the competing approaches and offers lessons about the capacity of international law to constrain core national security activities.

Southern and Eastern African Money Laundering Conference

1997 ◽  
Vol 41 (1) ◽  
pp. 150-151
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Money Laundering ◽  
Task Force ◽  
Cape Town ◽  
African Countries ◽  
Financial Action Task Force ◽  
Financial Action Task

Representatives of 13 African countries attended the first such conference in Cape Town, South Africa on 1–3 October, 1996. These were Botswana, Kenya, Lesotho, Malawi, Mauritius, Namibia, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. Representatives of several members of the Financial Action Task Force (FATF) were also present, namely Canada, France, Italy, Portugal, United Kingdom and United States.

Market Practice and the Evolution of Foreign Sovereign Immunity

2018 ◽  
Vol 43 (02) ◽  
pp. 496-526 ◽  
Author(s):  
W. Mark C. Weidemaier ◽  
Mitu Gulati
Keyword(s):  
United States ◽  
Twentieth Century ◽  
United Kingdom ◽  
International Law ◽  
The United States ◽  
Default Rule ◽  
Sovereign Immunity ◽  
Loan Contracts ◽  
Market Practice ◽  
As If

The twentieth century witnessed a “tectonic” shift in international law, from absolute to restrictive theories of sovereign immunity. As conventionally understood, however, this transformation represented only a change in default rule. Under absolute immunity, courts could not hear lawsuits and enforce judgments against a foreign sovereign without its consent. Under restrictive immunity, foreign sovereigns were not immune to their commercial acts, regardless of consent. Using a two-century dataset of loan contracts, we show that market practice undermines this conventional understanding. For centuries, loan contracts were structured as if the rules of sovereign immunity could not be changed by contract. In the 1970s, however, market practice changed, seemingly in response to the codification of sovereign immunity law in the United States and United Kingdom. We explore why market practice conflicts with the conventional understanding of sovereign immunity, and we examine the association between codification and the structure of sovereign loan contracts.

Comparing Interpretations of States’ and Non-State Actors’ Obligations Toward Cultural Heritage in Armed Conflict and OccupationMilitary Manuals and the Law of War

2020 ◽  
pp. 56-81
Author(s):  
Elizabeth Varner
Keyword(s):  
United States ◽  
United Kingdom ◽  
Cultural Heritage ◽  
International Law ◽  
Armed Conflict ◽  
Hague Convention ◽  
The United States ◽  
Cultural Property ◽  
Customary International Law ◽  
The United Kingdom

The 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention) remains the leading treaty on the treatment of cultural heritage during armed conflict and occupation. After several decades of relative dormancy, eleven States have joined the 1954 Hague Convention in the last decade, including two major military powers: the United States and the United Kingdom. In addition to the 1954 Hague Convention, a host of laws touch on the protection of cultural property in armed conflict, as well as those under customary international law. Nonetheless, there are disagreements in interpretations of States’ obligations toward cultural property during armed conflict stemming from a variety of factors. These factors can include: whether States are Parties to the instrument that conveys the obligation or if the obligation is one of customary international law, which itself is often contested; the individual State’s interpretation; interpretation by tribunals; and a plethora of other factors. Given these discrepancies in interpretation, a review of States’ military manuals is useful to see if they shed any light on the State’s interpretation of their obligations toward cultural property under the law of armed conflict (LOAC) and international obligations in LOAC more generally. This chapter will analyze and compare the military manuals of the United States and the United Kingdom to determine how they elucidate several key issues in the protection of cultural property during armed conflict, such as the definition of ‘cultural property’, requirements for ‘respect’, the doctrine of military necessity, and laws applicable in non-international armed conflicts.

Patterns of Difference and Dominance

2017 ◽  
Author(s):  
Anthea Roberts
Keyword(s):  
United States ◽  
United Kingdom ◽  
South China Sea ◽  
International Law ◽  
South China ◽  
Future Development ◽  
The United States ◽  
Law Schools ◽  
Lingua Franca ◽  
The United Kingdom

This chapter examines three implications of these patterns of difference and dominance for the wider field of international law. First, although most legal academies and law schools remain relatively nationalized, there are outliers that are significantly more internationalized than their counterparts. Different academies also evidence different strengths and areas that are ripe for future development. Second, the existence of distinct national or regional communities of international lawyers may result in substantial disconnects developing within the field, such as in debates about Crimea and the South China Sea. Third, some of the patterns of dominance that emerge in the academies and textbooks are replicated elsewhere in the field, including privileging sources and actors from Western states in general, and from the United States, the United Kingdom, and France in particular. Choice of language and the emergence of English as the lingua franca play particularly important roles in this privileging process.

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