Law of Nations: Seizure and Sale of Enemy Merchant Ship Extinguishes Prior Lien

1922 ◽  
Vol 20 (5) ◽  
pp. 553
Keyword(s):  
2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.


Author(s):  
Carolyn Swan

Around the year 970 CE, a merchant ship carrying an assortment of goods from East Africa, Persia, India, Sri Lanka, Southeast Asia, and China foundered and sank to the bottom of the Java Sea. Thousands of beads made from many different materials—ceramic, jet, coral, banded stone, lapis lazuli, rock crystal, sapphire, ruby, garnet, pearl, gold, and glass—attest to the long-distance movement and trade of these small and often precious objects throughout the Indian Ocean world. The beads made of glass are of particular interest, as closely-dated examples are very rare and there is some debate as to where glass beads were being made and traded during this period of time. This paper examines 18 glass beads from the Cirebon shipwreck that are now in the collection of Qatar Museums, using a comparative typological and chemical perspective within the context of the 10th-century glass production. Although it remains uncertain where some of the beads were made, the composition of the glass beads points to two major production origins for the glass itself: West Asia and South Asia.


Author(s):  
David Boucher

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.


Author(s):  
Pavlos Eleftheriadis

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,


1948 ◽  
Vol 21 (1) ◽  
pp. 12 ◽  
Author(s):  
Daniel Marx, Jr.
Keyword(s):  

1982 ◽  
Vol 91 (8) ◽  
pp. 1726 ◽  
Author(s):  
Anthony D'Amato ◽  
Julius Stone
Keyword(s):  

Sign in / Sign up

Export Citation Format

Share Document