Showing papers in "International and Comparative Law Quarterly in 1967"

The Right to a Fair Trial in Criminal Proceedings as a Human Right

Abstract: THE right to a fair trial has figured prominently in the efforts made in recent years to guarantee human rights at an international level. In 1948 it was affirmed as a basic human right by the Universal Declaration of Human Rights 1 and by the American Declaration of the Rights and Duties of Man.2 Subsequently, it has been included as a key undertaking in the United Nations Draft Covenant on Civil

The Principle of Territoriality in the Trademark Law of the Common Market Countries

Abstract: PRESUMABLY on July 1, 1968, all customs duties and classical quantitative restrictions on the circulation of goods and services within the European Community will have been abolished. It would, however, be erroneous to assume that at the same time all barriers on the free flow of goods and services will have broken down. Many factual and legal obstacles still exist and will continue to exist for a long time to come. Among the legal obstacles those deriving from the existence of national legislation on industrial property rights play an important role. The object of this article is to examine the question of how far trademark law in the member States of the European Economic Community stands in the way of the free exchange of goods. Trademark law confers on the trademark owner an exclusive right to use his trademark in distinguishing his goods from competing products. This exclusivity, therefore, warrants the owner that no other person may bring into circulation goods of a similar nature bearing that trademark. The trademark owner draws his protection from the provisions of the trademark law, which protection, however, cannot reach further than the territorial boundaries inside which this

The Central American Common Market: An Experiment in Regional Integration

Abstract: THE signature at Punta del Este on April 14, 1967, of the " Declaration of the Presidents of America" at the closing session of the inter-American Summit Conference1 marks a turning point in the complex but highly significant Central and Latin American movements of the last decade toward economic integration through new forms of regional and inter-regional organisation. From now on seventeen independent Latin American States are committed to the creation of a new Common Market, commencing in 1970, and coming to completion over a period of fifteen years, and to using their best endeavours toward securing the development and progressive convergence of the two principal regional organisations, the Central American Common Market (CACM) and the Latin American Free Trade Association (LAFTA). This is, therefore, an appropriate time to consider and compare the principal legal characteristics of the two organisations, and to attempt to assess, within the general context of the inter-American system, their influence on the evolution of a "' law of integration " and their impact on the law of international institutions. In this article I shall be concerned exclusively with an outline of the Central American integration programme; two succeeding articles will be devoted to the Latin-American Free Trade Association and to the general assessment referred to above. Because of pressure on space only the basic documents will be printed in the form of Appendices; at the conclusion of this, the first article in the series, will be found the General Treaty for Central American Economic Integration (the "Treaty of Managua," 1960).2 The second article will have

Ius Quaesitum Tertio: Comparison and Synthesis

Abstract: THRTY years ago, the Law Revision Committee observed that "the common law of England stands alone among modern systems of law in its rigid adherence to the view that a contract should not confer any rights on a stranger to the contract, even if the sole object may be to benefit him." x It seems that this axiom, tamely accepted for many years, is at long last to be challenged before the House of Lords. The matter will come before it on appeal from the Court of Appeal decision in Beswick v. Beswick.2 It is not proposed here to discuss this case or canvass its prospects in the Lords. Nor is there the least need to dilate upon the disadvantages of the English position to which the Law Revision Committee referred. It is common cause that the denial of a ius quaesitum tertio makes the law less just and less adaptable than it need be, and whatever the outcome of the present appeal, it is hardly in doubt that some such doctrine must and will be built into the English law-by the judges if possible, by Parliament if necessary. In that process, questions of considerable importance and difficulty will need to be solved, and it is opportune for us to review some aspects of the matter which have engaged the attention of other legal systems and merit closer study. Before doing so, it may be convenient to trace, in the lightest detail, the history of this matter both in England and elsewhere. In England the story falls into three phases 3: Phase 1: In this formative stage, which precedes the decision in Tweddle v. Atkinson,4 two conflicting trends are discernible. One

Involuntary Servitude in British Commonwealth Law

Abstract: IN Heart of Atlanta Motel Inc. v. United States,' in which the United States Supreme Court sustained the constitutionality of Title II of the Civil Rights Act of 1964,2 which forbids racial and religious discrimination in certain enumerated "places of public accommodation," the attorney for the unsuccessful motel, challenged the statute, inter alia, on the ground that it violates the Thirteenth Amendment, which forbids "involuntary servitude." 3 Solicitor-General Archibald Cox replied for the Government by ridiculing this argument, as follows: