Procedures in International Law
A Procedural Perspective in Law.- Procedures in International Law.- The Quest and the Notion.- National Legal Procedures.- Limiting National Jurisdiction by Procedural Means.- Substantive International Law Before National Fora.- International Legal Adjudication.- Alternative Methods of Dispute Resolution.- Conflicts Between Adjudicators Applying International Law.
Bananas, Direct Effect and Compliance
The complex bananas litigation could serve as a course in international economic law, as it raises a rich set of issues that arise in a highly contentious circumstance and present difficult issues of legal policy. At the core of this litigation is the question of compliance with law. This comment briefly and selectively reviews the legal manoeuvring in the European Community, the GATT, the World Trade Organization and the US, as a basis for an analysis of the problem of compliance in the GATT/WTO system, and the relation of direct effect to compliance. This comment argues that hard law is not necessarily good law, and that strengthened implementation, including possible direct effect, is not necessarily desirable. This seems obvious once we recognize that, putting aside for a moment transaction costs and strategic costs, states generally have the level of compliance that they want. The correct role for scholars and for lawyers involved with these issues is to help political decision-makers to identify circumstances in which, due to such problems, states have not achieved the desired level of compliance.
The administration of the courts
Section 28 of Article VI of the State Constitution provides that the Chief Judge of the Court of Appeals is the Chief Judge of the State and its chief judicial officer. The Chief Judge appoints a Chief Administrator of the Courts (or Chief Administrative Judge of the Courts if the appointee is a judge) with the advice and consent of the Administrative Board of the Courts. The Administrative Board consists of the Chief Judge as chair and the Presiding Justices of the four Appellate Divisions of the Supreme Court. The Chief Judge establishes statewide administrative standards and policies after consultation with the Administrative Board and approval by the Court of Appeals.