Showing papers in "International and Comparative Law Quarterly in 1962"

The Supreme Court of the United States

Abstract: JUSTICE STEVENS delivered the opinion of the Court.* In 1995 Congress amended §43 of the Trademark Act of 1946, 15 U. S. C. §1125, to provide a remedy for the “dilution of famous marks.” 109 Stat. 985–986. That amendment, known as the Federal Trademark Dilution Act (FTDA), describes the factors that determine whether a mark is “distinctive and famous,” and defines the term “dilution” as “the lessening of the capacity of a famous mark to identify and distinguish goods or services.”1 The

The Individual before Tribunals Exercising International Jurisdiction

Abstract: AT the outset it is necessary to determine what is to be included in the concept of " international jurisdiction." The purist might assert that no such jurisdiction can exist until there is a tribunal with compulsory (i.e., apart from obligation arising from consent) jurisdiction over disputes between States, between States and individuals and over criminal breaches of international law, or over any one of these categories. Alternatively he might insist that only the International Court of Justice provided for in the United Nations Charter can be regarded as truly international. This outlook can lead to the conclusion that Mixed Arbitral Tribunals and

The Proper Law of Crime in International Law

Abstract: CRIME is a wrong not merely against the individual but also against society. It is not surprising, then, that changes in social structure during the last few hundred years have been accompanied by altered conceptions of crime and, hence, of criminal jurisdiction. Until the late sixteenth century, crime was still regarded as a local wrong against individuals and a sin against God. The emergent Nation-State intervened only incidentally to punish the criminal, and the bases of criminal jurisdiction were broader than purely territorial interests. Jurisdiction would be assumed by the court of either the forum domicilii, the forum delicti commissi or the forum deprehensionis.1 Where these differed, the forum in which two elements coincided would assume jurisdiction, and where all three conflicted, possession of the body of the criminal was considered sufficient for jurisdiction. The absence of any notion of State sovereignty at that time is illustrated by the fact that neither nationality nor the protection of the State (" the protective principle ") were considered as principal bases of criminal jurisdiction.In the early seventeenth century, when Bodin's Republic was becoming the ideological justification of the Renaissance State, through the concept of sovereignty, criminal jurisdiction began to be based rather on the principle of territoriality. In a pre-industrial age, when crimes were necessarily simple and limited in their effect, and international movement was restricted, it was a reasonable presumption that the preparation and completion of a crime, and the presence of the criminal would coincide in one place, and that this place would be the one most harmed by the commission of the crime. The State within whose territory the crime was committed was, therefore, the one which assumed jurisdiction.3

The Political and Legal Status of Kuwait

Abstract: appreciated only in the light of its past history, its relations with foreign Powers, its international commitments, as stipulated in various treaties and agreements, and its aspirations, so that a brief outline of past events is necessary. Compared with that of other countries, the definitely known history of Kuwait is short, for it covers only a little more than two hundred years. It was in 1716 that three clans of Central Arabia decided to give up their nomadic life and migrated to Kuwait to settle down there.2 For about four

Preliminary Trends in the Development of the Legal Institutions of Communist China and the Nature of the Criminal Law

Abstract: THE rapid strides made by the Communists in the fabrication of a materially productive economy and in the transformation of the social and political structure of China have been attributed to their organisational talents." An analysis of the legal institutions of Communist China provides a framework in which to view certain dominant features of the organisational principles of the r6gime, as well as an opportunity to discover what is expected of the individual in the Chinese Communist society. The principles of the criminal law and its function within the legal structure may furnish us with an insight into an important Chinese Communist method of social control.

A Civil Lawyer Looks at the Canon Law

Abstract: But first some remarks as to the scope and structure of the Code itself. Widely though it ranges, it is far from being the sole current expression of the Catholic Church's law. Thus it does not deal with the Church's external relationships with civil governments through Concordats and other agreements. These continue in force and, on grounds of international comity, are unaffected even by contrary provisions in the Code.2 Nor does it in general apply to the mass of Catholics of Eastern rites, who, though in communion with Rome, have their own disciplinary norms, as well as their own cherished liturgies.3 On the other hand, it does purport to apply

Effects and repercussions of the european convention on human rights

Abstract: IT was only fitting that the most murderous of wars should produce a reaction calculated to repair the evils that had been wrought. So immense was the disaster, and so utter the devastation, that the messengers of the oracle were all filled with the same generosity and the same hopes. Not until much later did reason come to impose its logic upon the heart. In the minds of those visionaries who met on the morrow of the

Canada's Bill of Rights: A Dilemma for the Courts?

Abstract: BILLS of Rights are associated with constitution-making, with the emergence or re-creation of States. The Canadian Bill of Rights enacted in 1960 ' defies this generalisation of experience; it is neither a constitutional document nor is it a badge of an emerging or recently emerged or reorganised State. Incongruous in these respects, it has added speciality because it is a statute of the central Parliament (and Government) of a federal State, extending by its terms " only to matters coming within the legislative authority of the Parliament of Canada." These features of the enactment, standing entirely apart from the complexities of its drafting and its substantive provisions, pose three questions: (1) Why a Bill of Rights some ninety years after Confederation and thirty years after the Statute of Westminster? (2) If a Bill of Rights, why a statutory measure? and (3) If a statute, why the explicit limitation to " federal " matters? The interrelation of these questions makes it desirable as well as convenient to attempt a composite answer and then to consider some of the substantive features of the statute.