Mark Weston Janis

Practice and Methods of International Law.

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Foreign Affairs and the U.S. Constitution

Book review of Foreign Affairs and the U.S. Constitution edited by Louis Henkin, Michael Glennon and William Rogers (Transnational Publishers, Inc./The American Society of International Law, 1992).

The Doctrine of Forum Non Conveniens and the Bhopal Case

Following the worst industrial accident in history, the leak of poisonous methyl isocyanate gas in Bhopal, India and the deaths of more than 2,000 people with injuries to more than 200,000, suits were soon brought in the United States against Union Carbide Corporation, the owner of a little over 50 percent of the stock in Union Carbide India Limited, the owner and operator of the disastrous plant. The American suits were consolidated in one action before the United States Federal District Court for the Southern District of New York. The Federal District Court, however, dismissed the action on the grounds of forum non conveniens , deciding that the Bhopal case would be more properly litigated in India. The District Courts opinion was endorsed by the Federal Circuit Court for the Second Circuit, also concluding that India, not the United States, was the appropriate situs for the trial.

The Development of European Regional Law of the Sea

Abstract The development of regional law of the sea may be more practical than a new global order for the oceans and may be preferable to the extension of national maritime jurisdictions. The Common Market has taken two important steps towards creating a European system of maritime law: The Common Fisheries Policy and the EEC Commissions decision of 10 September 1970 to apply the Common Market treaty to the continental shelf. The Common Fisheries Policy of 20 October 1970, opened national territorial waters within the EEC to all Community fishermen and provided the foundation for the generation of Common Market fishing policy. The continental shelf decision brought the exploration and exploitation of hydrocarbons on the shelf within EEC regulations and supervision. The EEC has begun to co‐ordinate European Law of the Sea negotiations for the Santiago Conference. Other European organizations (the Bow Group, the Council of Europe, and the Western European Union) have proposed various non‐EED regimes for ma...

International Law and Treaties

International law is the law generated by more than one state to regulate the international transactions of both states and private parties. It includes rules drawn from treaties, customary international law, general principles of law, natural law, and equity. It is applied in international diplomacy, international courts and arbitrations, and domestic courts and arbitral tribunals. Its fields include the laws of war and peace, the law of the sea, the laws of diplomatic practice, the law of treaties, the law of recognition and succession of states and governments, international trade and commerce, international human rights law, the law of international organizations, international environmental law, international business law, and international criminal law.

The law of the sea tribunal and the ICJ : Some notions about utility

The article traces the history of the Law of the Sea Tribunal. The conflict between supporters of the Tribunal and the opponents (who view it as infringing on the legitimate territory of the International Court of Justice) is explained. The relatively limited role of universal international courts in the 20th century is described and it is argued that a possible model for the potential success or otherwise of the new Tribunal may be found in the European regional courts: the ECU and the ECHR.

The Verdugo Case: The United States and the Comity of Nations

U.S. v. Verdugo-Urquidez,1 decided by the U.S. Supreme Court on February 28, 1990, holds that the U.S. Constitution’s Fourth Amendment protection against ‘unreasonable searches and seizures’ does not apply ‘to the search and seizure by United States agents of property that is owned by a nonresident alien and located in a foreign country.’2 Arising in the context of the U.S. war on drugs, the Verdugo case has important international implications for the law concerning individual rights and state sovereignty. This brief note discusses the Verdugo case and its relationship to international law, paying particular attention to some of the doctrinal and theoretical assumptions of the different members of the U.S. Supreme Court. In Verdugo, Chief Justice Rehnquist delivered the opinion of the Court; he was joined by Justices White, O’Connor, Scalia, and Kennedy. Justice Kennedy also wrote a concurring opinion. Justice Stevens wrote an opinion in which he concurred in the judgment, though not in the opinion, of the Court. The three more liberal judges – Justices Brennan, Marshall, and Blackmun – dissented in two opinions written by Justices Brennan and Blackmun. So, among the five opinions altogether, none commanded a majority of the Court. Chief Justice Rehnquist’s opinion recounted how Rene Martin Verdugo-Urquidez, a citizen and resident of Mexico, had been seized in Mexico in January 1986 and transported to the United States where he was arrested on charges of narcotics-related offences and held pending trial. Thereafter, U.S. Drug Enforcement Agency (‘DEA’) officials in concert with the Mexican Federal Judicial Police searched Verdugo’s properties in Mexicali and San Felipe, Mexico, seizing documents that were ultimately used in the prosecution of Verdugo. Of particular importance was a tally sheet which the U.S. argued as showing quantities of marijuana smuggled by Verdugo from Mexico into the United States. However, since U.S. officials had not obtained a search warrant for Verdugo’s Mexican properties, a U.S. district court and a divided Ninth Circuit court agreed with Verdugo’s lawyers that the evidence from Mexico should be suppressed, these two courts holding that the search and seizure in Mexico violated the Fourth Amendment of the Constitution: