Vol. 40, No. 15, October 3, 1990 University of Michigan Law School
Total Page：16
File Type：pdf, Size：1020Kb
University of Michigan Law School University of Michigan Law School Scholarship Repository Res Gestae Law School History and Publications 1990 Vol. 40, No. 15, October 3, 1990 University of Michigan Law School Follow this and additional works at: http://repository.law.umich.edu/res_gestae Part of the Legal Education Commons Recommended Citation University of Michigan Law School, "Vol. 40, No. 15, October 3, 1990" (1990). Res Gestae. Paper 229. http://repository.law.umich.edu/res_gestae/229 This Article is brought to you for free and open access by the Law School History and Publications at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Res Gestae by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. Shamul Vol. 40 No. 15 The Uni October 3, 1990 UN Fulfi~ Rd~}n Guif Crisis P anelists Cautious abou~~te~ational Law's Long-Term Impact By Steve Chalk incursion to resc~ef9te rlcan hostages would lack author Danilenko, visiting professor of law from the Moscow Several of the speakers at the "Panel Discussion on the ity under international law. "I have always taken the view Institute of State and Law. He noted, however, that in Gulf Crisis: International Law & Politics· Monday night that military action to free nationals would violate the U.N. addition to proscribing unUateral military action, Interna expressed guarded optimism for a successful role of Charter.· He added. however. that world ·condemnation tional law lim!~ tH~ economic pressure that the world international law in the current Persian Gulf crisis. has been half-hearted" when nations have undertaken community may pnpose upon Iraq. For example. he said, Speaking to a packed crowd In 100 Hutchins Hall, the such projects. and cited the example ofthe aborted Iranian the Geneva Convention authorizes the passage of ·some various participating scholars agreed on the presence of hostage rescue attempt by the United States in 1980. medical and food st.utrs· for the subsistence of people in a an almost unique situation in International law. Accord Panel moderator Joseph Weller, professor of law, time of crisis. He'added, though. that he believes the U.N. ing to Pierre-Marie Dupuy. visiting professor of law from inquired "What happens when one gets a little impatient· has thus far complied \vtth that standard In enforcing the the University of Paris. "It Is the first time in Its hJstory with the progress of the remedies tmposed by the Security Security Council ern}:>arg_oes. ' against Iraq. when the United Nations actually works in conformity Council? Weller insisted that the efficacy of U.N. action Ascertaining th~ rell\Vant humanitarian norms Is not with Its Charter.· ·can only be tested when the prtnclpal actors will accept easy. DanUenko said. ··Sorpe of the conventions are very The actions of the U.:-1. Security CouncU. in passing this new regtme against thetr own interest" - a rare old. We had to dust off some of the books.· resolutions 661, 665. and 668 to impose economic sanc occurrence in the modern world community. tions, and to enforce air and sea embargoes against Iraq, One audience member said he felt the veto power of face an uncertain future. however. Professor Bruno the five pennanent members on the Security Council Simma noted the risk that the United States. growing would always hinder the application of international law impatient with developments In Iraq, might use milltary in such a situation. Rendelshoffer acknowledged that any force against the regime of Saddam Hussein. ·unUateral attempt to sanction unUateral military action by the actions [should not be permitted to] frustrate the Intention United States would feature an tronlc twist the need for of U.N. sanctions.· Simma said. either a U.S. abstention or that nation's vote in support of Albrecht Randclzhofcr. visiting research scholar. sanctions imposed against It, In order to gain Security pointed out that third party nations do retain the right of Council approval. collective self-defense underArticle 51 of the U.N. Charter. Fallure to comply with International law is less of a "An explicit request of the attarked stale is not required," difficulty than many have argued. sald J. David Singer, he said. as a tacit appeal for assistance by Iraq would professor of poilU cal science at U-M. "I don't think most enable other nations to lntciVene. Such Intervention. of our students know ... that there Is remarkably steady however, must be carefully llmited, Randelzhofer said. adherence to the prtnclples of International law,· he said, '"Those rights are suspended so long as the Security while rejecting the notion that powerful nations tend to Council works," Randelzhofer said. Thus. individual discount public international law. states currently lack the right under International law to Singer admitted. however. that "the efficacy of the use military force unilaterally. since the Security CouncU Security Council in this particular case is an historical already "has taken measures· to assure peace. as directed aberration.· by the U.N. Charter. "It's clear that Iraq has violated a number of interna Legal Scholars dacuaa impllcatlona of the Gulf Cri.als Professor Simma stated that even a limJted military tional norms of humanitarian law,· said Gennady for international law (R.G. photo by Monica Baum). Group Raises Money for Homeless\· By Steve Chalk Based upon an Interest suiVey from last spring, Students do need to ask Interviewing employers make their own arrangements for travel and accommoda Project Shelter co-coordinator Bob Gilbertson (3L) pre whether the latter already have an afTUlation with Project tions. GUbertson said. students can insure that the Ann dicts that many law students receiving "fly-backs" will Shelter. Gilbertson noted. "People generally don't have a Arbor Shelter benefits by using Conltn/Faber Travel. participate in this year's effort to raise money for the problem saying to the recruiting coordinator, who usually which has a corporate account for the Project) · ~nlin/ homeless. isn't a lawyer, 'Do you participate in the program?' There's Faber Travel will contribute 25% of Its co~s8ions on '(. ' ·our basic goal as organizers ... Is to get It publicized, no expectation that the students will go beyond thal" flights booked through the Project account tp)tl\e Ann and get people to participate.· Gilbertson said. He and co Although the national chapter of the Project may Arbor Shelter Association. ' ~ (3L) coordinator Sarah Ross received responses from more develop a composite list of firms participating, GUbertson To provide a greater focus on local fundra.l$~ the than one-thtrd of the students suiVeyed regarding thetr emphasized that "for the most part. we want people to Project also hopes to raise funds throughout !he ye~. knowledge of the program. he added. ask.· rather than assuming - perhaps erroneously - that beyond the Firm Commitment Program. dedicated -tcfthe Two years ago, ·some students at Harvard Law School any list of firms would be exhaustive. purchase of a van for the An n Arbor Shelter, G~n started a program called Code Critical.· Gllbertson said, lf the firm granting a fly-back asks that the students said. and Michigan Joined an effort In 1989 that raised over $100,000 nationwide. According to GUbertson. the na tional organization - the National Association ofStudents Delisle Expert Speaks at Law School Agatnst Homelessness (NASAH) - has been unable to attract any new participating law schools this year, but By James S. Johnaon for intentionally drfving his car into the Detroit River. hopes that more law firm participation will increase the The Criminal Defense Lawyers Association ofWashte killing his four chUdren. Delisle's statements to the police~ Project's revenue. naw County. together with the Michigan Law School and were ruled inadmissible as the result of Abramsky's A Project flier mentions two ways in whJch law stu Ann Arbor National Lawyers Guild chapters. held a semJ testimony. Abramsky used the Delisle case as an example dents on fly-backs may contribute to the fundralsing nar Friday afternoon on "Admissions, Confessions, and of the tactics police use to ·get" a confession. effort: by finding less expensive housing. perhaps with a Police Interrogation.· Abramsky said that there are three factors which friend or at a more economical hotel: and by purchasing One of the speakers at the seminar was Dr. Michael contribute to whether a statement is voluntary: the less costly meals during thetr stays at the Interviewing Abramsky. who testifled in the Lawrence Delisle case. character of the defendant (including conditions such a& site. Delisle was convicted this summer of first degree murder See Dellsle, Page Four The Ret Gettae •· October 3, 1990 •• pate two ,. Edtra In CNtrf: Jam. 1 . J.U..a MC1n<lg!rg £dtrtr. Iteft CIWk . :t r: Fecuwa £dtrtr. AA4nw Maaltall7 .. - L.a.w In rho Raw: acpbuk <>ua, Cetbcd.De Webb ad k1a W!Mt&b:r &Dff: .._Ill M e!mall. AAtbotl:r lleloa.llolllc:a ~~~~-Mark BlaMMnl, A1lq aam. • DlallDC Carter, Cblp C.. Jeff 01adcbcr, FciJec lJ&DC. !llu. llarb , lilaUftCJl illleA.Ddn•. Cb.rU llt<hdrt, htc llooDey, J obJl o,UYic, ~lmlee r.Jt. Dn1d Iobel, Mlcb.acl WaJnll. FraU Wa. Tim Bortoll. !rik Job.Jlaoc.. The Rca OutA< It ~ t¥<t'f W..baday ~ II>< oc:boolyuz bJ ""'d<nto al1lx lln!veWty .0 Mlchlpn t.w SchooL o,o...n. a;r.....! tn ¥tn«<..Udco on ~ <ill>< ...lhon one do - ........nly ropr_,.lhcoplnlonollh<cdi!Aa1al...tl. Suboa1pdon p<1cco.,.. 110a....-..t 115 for • full~.,.. Mid.. .,., be rrp'ldal..-~ .,....tckd lhot the ...U... o:>d The Rca o....... cndn.c<l and nocllcd.. Wadl:n&addruo: The~ ol Wldt;pn L.wSchoal.