How the Great Lakes Became "High Seas," and their Status Viewed from the Standpoint of International Law

1910 ◽  
Vol 4 (2) ◽  
pp. 285-313
Author(s):  
Harry E. Hunt
Keyword(s):  
United States ◽  
Great Lakes ◽  
International Law ◽  
Federal Government ◽  
Central Government ◽  
Great Increase ◽  
Common Knowledge ◽  
The United States ◽  
The Other ◽  
High Seas

The convention which met in 1787 to frame the Constitution of the United States, embraced two earnest and determined bodies of men. One favored a strong central government; the other opposed any great increase of power over that granted by the Articles of Confederation. With what jealousy the states guarded their rights and with what reluctance they made surrenders to the federal government is common knowledge. The Constitution, as adopted, was a compromise between the factions, and that part relative to admiralty and maritime jurisdiction was the second great compromise between conflicting depositories of power.

Basic U. S. Sources For Current Research In International Law: An Elementary Vade-Mecum

1977 ◽  
Vol 5 (3) ◽  
pp. 347-358 ◽  
Author(s):  
Adolf Sprudzs
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
The Other ◽  
Intergovernmental Organizations ◽  
Department Of State ◽  
The Public ◽  
The Government ◽  
The Many ◽  
The U.S

Among the many old and new actors on the international stage of nations the United States is one of the most active and most important. The U.S. is a member of most existing intergovernmental organizations, participates in hundreds upon hundreds of international conferences and meetings every year and, in conducting her bilateral and multilateral relations with the other members of the community of nations, contributes very substantially to the development of contemporary international law. The Government of the United States has a policy of promptly informing the public about developments in its relations with other countries through a number of documentary publication, issued by the Department of State

Antinomies of Power and Law: A Comment on Robert Kagan

2003 ◽  
Vol 4 (9) ◽  
pp. 871-888
Author(s):  
Andreas Paulus
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Transatlantic Relations ◽  
The Other ◽  
International Affairs ◽  
Sovereign Equality ◽  
Political Perspective ◽  
The Future ◽  
Analytical Tools

Robert Kagan's article and book on the future of transatlantic relations have gained much prominence in the debate on the reasons for and impact of the transatlantic rift on the war against Iraq. However, and regrettably, Kagan's work confirms rather than challenges the prejudices and stereotypes of both sides. After putting Kagan's approach in a political perspective, I intend to show that the antinomies used by Kagan and other participants in the debate, such as might and right, unilateralism and multilateralism, prevention and repression, hegemony and sovereign equality, democratic imperialism and pluralism, constitute useful analytical tools, but do not in any way capture the divergence of values and interests between the United States and Europe. However, the result of such an analysis does not lead to the adoption of one or the other extreme, but to the realization that international law occupies the space between them, allowing for the permanent re-negotiation of the place of “Mars” and “Venus” in international affairs.

The Indigenous Theatre of Kanhailal

1992 ◽  
Vol 8 (29) ◽  
pp. 10-22 ◽  
Author(s):  
Rustom Bharucha
Keyword(s):  
United States ◽  
Central Government ◽  
The United States ◽  
The Other ◽  
The People ◽  
North Eastern ◽  
Eastern Border ◽  
Folk Tradition ◽  
Indian Cities ◽  
Indian Theatre

Our coverage of Indian theatre in NTQ, as in the original Theatre Quarterly, has been as full as opportunities allowed — notably, including a major four-part assessment by Kenneth Rea in TQ30–34 (1978–79), and a three-part personal casebook by Rustom Bharucha of his production of Kroetz's Request Concert, as adapted to the needs of different Indian cities, in NTQ11–13 (1987–88). The fact that we have never covered the theatre of the state of Manipur, which adjoins Burma and Bangladesh on India's north-eastern border, is all too symptomatic of its more general neglect – at one extreme by central government, and at the other by those who might usefully learn from and contribute to the development of its indigenous theatre. Here, Rustom Bharucha – now based once more in his home city of Calcutta, after a period of work in the United States – explains the background of exploitation and deprivation against which he proceeds to set the indigenous theatre work of the director Kanhailal. Looking in particular at Pebet, a play from the 'seventies based on folk tradition, and at the more recent Memories of Africa, Bharucha attempts to draw some conclusions about the problems and the potential of ‘seeing our cultures from below’ by means of a theatre that springs from and connects with the needs of the people.

The Need to Restrain the Treaty–Making Power of the United States within Constitutional Limits

1954 ◽  
Vol 48 (1) ◽  
pp. 57-82 ◽  
Author(s):  
George A. Finch
Keyword(s):  
United States ◽  
International Law ◽  
Federal Government ◽  
The United States ◽  
Bill Of Rights ◽  
The People ◽  
Treaty Law ◽  
International Body ◽  
Domestic Law

“The treaty-making power is an extraordinary power liable to abuse. Treaties make international law and also they make domestic law. Under our Constitution treaties become the supreme law of the land. They are indeed more supreme than ordinary laws, for congressional laws are invalid if they do not conform to the Constitution, whereas treaty law can override the Constitution. Treaties, for example, can take powers away from the Congress and give them to the President; they can take powers from the States and give them to the Federal Government or to some international body, and they can cut across the rights given the people by their constitutional Bill of Rights.”

The Case of the Appam

1916 ◽  
Vol 10 (4) ◽  
pp. 809-831
Author(s):  
James Brown Scott
Keyword(s):  
United States ◽  
Great Britain ◽  
Supreme Court ◽  
International Law ◽  
The United States ◽  
District Court ◽  
Newport News ◽  
The Supreme Court ◽  
High Seas

On July 29,1916, the United States District Court for the Eastern District of Virginia entered a decree to restore to the British claimants the steamer Appam, formerly an English merchant vessel, captured by the German cruiser Moewe upon the high seas and sent into Newport News to be laid up pending the war between Great Britain and Germany. In a very elaborate opinion, the court held that the Appam had no right under international law or the treaty with Prussia of May 1, 1828, to use an American port as an asylum; that it did not have a right under the circumstances to enter an American port at all; that by so doing it violated the neutrality of the United States, and was therefore, with the proceeds of the cargo, to be restored, according to the American practice, to the British owners at the date of capture. The case is a very interesting one from the standpoint of international law, and by reason of its importance, it is to be appealed to the Supreme Court of the United States in order that, as far as the United States is concerned, a definite decision may be reached upon the points of law involved. The facts of the case and the reasoning of the District Court will, however, be set forth at this time and in this place.

The Responsibility of the Federal Government for Violations of the Rights of Aliens

1914 ◽  
Vol 8 (1) ◽  
pp. 73-80
Author(s):  
Nelson Gammans
Keyword(s):  
United States ◽  
International Law ◽  
Federal Government ◽  
The United States ◽  
The State ◽  
The World ◽  
The Government ◽  
American Flag

“The only government of this country, which other nations recognize or treat with, is the Government of the Union; and the only American flag known throughout the world is the flag of the United States.” The Government of the Union, as the only internationally recognized agent of the state, bears the responsibility for any violations of the rights which it owes to aliens, whether these rights are the result of treaty obligations or of international law.

Principles of International law Applied by the Spanish Treaty Claims Commission

1910 ◽  
Vol 4 (4) ◽  
pp. 806-822
Author(s):  
Samuel B. Crandall
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
The Other ◽  
The Cost

The treaty of peace, concluded at Paris, between the United States and Spain, December 10, 1898, provided, in Article VII, as follows:The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either Government or of its citizens or subjects, against the other Government that may have arisen since the beginning of the late insurrection in Cuba, and prior to the exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war. The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this article.

The Diversion of Waters Affecting the United States and Canada

1938 ◽  
Vol 32 (3) ◽  
pp. 488-518 ◽  
Author(s):  
James Simsarian
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Great Britain ◽  
Great Lakes ◽  
The United States ◽  
The Other ◽  
Legal Rights ◽  
Power Resources ◽  
The Government ◽  
Government Of Canada

The submission by the Government of the United States to the Government of Canada on May 28, 1938, of a rewritten draft of a Great Lakes-St. Lawrence waterway treaty brings to the forefront again the desirability of concluding a comprehensive agreement between the two Governments for a mutually advantageous utilization of the available navigation and power resources along the boundary basin. In view of the heightened interest in both the United States and Canada, a reexamination of the diplomatic correspondence between the United States and Great Britain and Canada since the end of the nineteenth century regarding the diversion of waters in the United States or in Canada which affected interests in the other country is opportune. It is of significance to note the positions taken by the United States and Great Britain and, later, Canada, in diplomatic negotiations and by significant municipal acts, as to the legal rights of the United States and Canada to the use or diversion of (1) boundary waters, (2) waters which are tributary (and entirely within the territory of one country) to boundary waters, and (3) waters of rivers flowing across the boundary. The distinction between the first situation and the second and third is an important one to observe.

Case Of Víctor Velásquez Reyes

1991 ◽  
Vol 85 (2) ◽  
pp. 352-357
Author(s):  
Stefan A. Riesenfeld
Keyword(s):  
United States ◽  
Supreme Court ◽  
International Law ◽  
Constitutional Law ◽  
The United States ◽  
International Agreements ◽  
The Other ◽  
Administrative Authority ◽  
Holy See ◽  
The Supreme Court

The judgment of the Supreme Court of Colombia, rendered upon the petition by a citizen to declare Law 20 of 1974, approving the concordat between the Holy See and Colombia, to be unconstitutional, deals with one of the most controversial aspects of the interface between international law and constitutional law under many modern constitutions. In most contemporary constitutional systems, the conclusion of international agreements requires parliamentary participation. In the United States only one house—the Senate—must give its advice and consent, but in the majority of states with bicameral systems, including Colombia, the approval must be given by both houses, usually in the form of a statute, the so-called ratification law. According to Article 120, subsection 20, of the Constitution of Colombia, it is the task of the President, as head of the state and highest administrative authority, to conduct the diplomatic and commercial relations with the other nations and entities under international law … and to conclude with other nations and entities under international law treaties and conventions, which are to be subject to approval by Congress.

The Sinking of the I’m Alone

1929 ◽  
Vol 23 (2) ◽  
pp. 351-362 ◽  
Author(s):  
William C. Dennis
Keyword(s):  
United States ◽  
Great Britain ◽  
International Law ◽  
Short Distance ◽  
The United States ◽  
Coast Guard ◽  
United States Coast Guard ◽  
The Press ◽  
Considerable Discussion ◽  
High Seas

The sinking on the high seas of the Canadian registered schooner I’m Alone as a suspected rum runner resisting boarding for enquiry (visit and search) by the United States Coast Guard patrol boat Dexter after a two days chase from a point a short distance off the coast of Louisiana, has given rise to considerable discussion in the press of the United States and Great Britain, and suggests several interesting questions of international law and treaty construction.

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