The Titanic disaster and international law

Titanic sinking painting

Titanic Sinking (Willy Stöwer, 1912 )

This weekend is the 100th anniversary of the sinking of the Titanic.  On April 14, 1912, the RMS Titanic, while on its maiden voyage from Southampton, England to New York City,  struck an iceberg.  It sank in the early morning on April 15.  Over 1,500 passengers and crew perished in the freezing waters of the North Atlantic.  The Titanic disaster led to adoption of the first International Convention for the Safety of Life at Sea, SOLAS, in 1914 (revised in 1929, 1948, 1960, and 1974) , and the creation of the Inter-Governmental Maritime Consultative Organization (IMCO) in 1948, which became the International Maritime Organization (IMO) in 1982.  However, as IMO Secretary-General, Koji Sekimizu, noted in a video message:

“[N]ew generations of vessels bring fresh challenges and, even today, accidents still occur, reinforcing the need for continual improvement. Our efforts to promote maritime safety and, in particular, to avoid such disasters befalling passenger ships as Titanic, will never end.  Today, on the 100th anniversary of that disaster, let us remember those who lost their lives in the freezing waters of the North Atlantic on that fateful night of 14 April 1912 and reflect on the dangers and perils still associated with sea voyages today.”

For further reading:

Kelly Buchanan, “Failure to Update the Law a Titanic Mistake“, In Custodia Legis (Law Library of Congress blog)(links to U.S. Senate Investigating Committee and UK Wrecking Commissioner inquiry reports, historic laws, treaties, and related other publications).

Comment, “Limitation of Shipowners’ Liability:  Substance or Procedure? “, 17 University of Chicago Law Review 388, 389, 393-395 (1949-1950)(via HeinOnline)(suggests that The Titanic case be re-examined).

IMO:  100 Years after the Titanic (links to “Surviving Disaster:  The Titanic and SOLAS” graphic in PDF).

Arthur K. Kuhn, “International Aspects of the Titanic Case, ” 9 American Journal of International Law 336 (1915) (via HeinOnline)(discusses U.S. federal and foreign case-law on shipowner’s liabilitiy for accidents at sea, including The Titanic case, Oceanic Steam Navigation Co. v. Mellor,  233 U.S. 718 (1914)).

Thomas A. Mensah, “International Maritime Organization“, Max Planck Encyclopedia of Public International Law Online.

James E. Mercante, “In the Wake of ‘The Titanic’: An Unsinkable Law,” New York Law Journal, April 12, 2012.

Everett P. Wheeler, “International Conference on Safety of Life at Sea,” 8 American Journal of International Law 758 (1914)(via HeinOnline).

You can use Lens to locate documents and reports on international conferences on the safety of life at sea available via Hathi Trust, The Making of Modern Law, and ProQuest Congressional.   See for example, the April 10, 1913 letter from the Secretary of Commerce on the need to have enough life-boats for every passenger and efficient water-tight divisions of hulls for vessels.

Find French law in translation

Legifrance - public access to the law of FranceThe wonderful Legifrance just got even more amazing!  It already offered English translations of French codes of law:

  • Civil code
  • Code of civil procedure
  • Code of criminal procedure
  • Commercial code
  • Consumer code
  • Environmental code
  • Insurance code
  • Intellectual property code
  • Monetary and financial code
  • Penal code

But,  you can now find at Legifrance links to the codes and other sources of French laws in English translation, such as France’s Constitution, laws, and decrees.  For more information, check “Translations of French legal texts:  contents and updating“.  Legifrance also has added links to other language translations of French laws such as Arabic, Chinese, German, Italian, and Spanish.  Legifrance is the  French government’s free public access to law portal.  Besides Legifrance,  you can use  sources such as Reynolds & Flores Foreign Law Guide (University of Chicago subscription database) and the Law Library of Congress’ Translation of National Legislation into English for locating French law (and the laws of other countries) in English translation. 

You can now read the FRUS on your iPad, Kindle, or Nook!

Photo of Brandt-Nixon meeting in the White House in 1973

Brandt-Nixon, White House, 1973 (National Archives)

The 151-year-old Foreign Relations of the United States (FRUS) “presents the official documentary historical record of major U.S. foreign policy decisions and significant diplomatic activity.” It is a useful research tool for legal historians and international law scholars and practitioners.  As Mary L. Dudziak states in her Legal History Blog post, “[The FRUS] records are not only valuable for historians of U.S. foreign relations, but can shed light on other topics related to global reaction to events in the United States, constitutional development in other nations, and more.”

The FRUS has been online for free at the Department of State’s website for some time now, from 1861-1976, from the Lincoln to the Nixon-Ford administrations.  It’s also available via the University of Wisconsin and HeinOnline.  But now, as part of the DOS Office of the Historian’s “E-Books Initiative,” you can read selected FRUS volumes via your iPad, Nook, or Kindle!   The first volumes, released on March 8th in ePub and Mobipocket formats, cover 1964-1976:

 Can’t wait till they go back all the way to the 19th century!

Photo of Ulysses S. Grant & Li Hung Chang, Tientsin, China, 1879

Ulysses S. Grant & Li Hung Chang, Tientsin, China 1879 (CC Flickr by Yaohua2k7)

Black history at the United Nations

Photo of W.E.B. Du Bois

W. E. B. Du Bois, c. 1920 by Winold Reiss (CC Some rights reserved by cliff1066™)

It is not Russia that threatens the United States so much as Mississippi…[I]nternal injustice done to one’s brothers is far more dangerous than the aggression of strangers from abroad.” — W.E.B. DuBois

On October 23, 1947, the NAACP sent to the UN a document titled “An Appeal to the World,” in which the NAACP asked the UN to redress human rights violations the United States committed against its African-American citizens. W.E.B. Du Bois, who drafted the NAACP petition with the assistance of Earl B. Dickerson (J.D. ’20), William Robert Ming, Jr. (J.D. ’33), and other leading lawyers and scholars, intended to focus attention on the U.S.’s systematic denial of human rights to its Black citizens.  The lawyers and scholars gathered and presented in the petition facts about lynching, segregation, and the gross inequalities in education, housing, health care, and voting rights. 

“At first [the American Negro] was driven from the polls in the South by mobs and violence; and then he was openly cheated; finally by a ‘Gentlemen’s agreement’ with the North, that Negro was disfranchised in the South by a series of laws, methods of administration, court decisions, and general public policy, so that today, three-fourths of the Negro population of the nation is deprived of the right to vote by open and declared policy.”

In addition, the petition argued that the racial discrimination in American made it not a good location for the United Nations:

“Most people of the world are more or less colored in skin; their presence at the meetings of the United Nations as participants and as visitors, renders them always liable to insult and to discrimination; because they may be mistaken for Americans of Negro descent.

Not very long ago the nephew of the ruler of a neighboring American state, was killed by policemen in Florida because he was mistaken for a Negro and thought to be demanding rights which a Negro in Florida is not legally permitted to demand.  Again and more recently in Illinois, the personal physician of Mahatma Ghandi, one of the great men of the world and an ardent supporter of the United Nations, was with his friends refused food in a restaurant, again because they were mistaken for Negroes.  In a third case, a great insurance society in the United States in its development of a residential area, which would serve for housing the employees of the United Nations, is insisting in reserving the right to discriminate against the persons received as residents for reasons of race and color.”

Reactions to the petition were varied, but strong.  Eleanor Roosevelt, a driving force behind the Universal Declaration of Human Rights, notably reacted adversely to the petition.  From Cold War Civil Rights (Dudziak, at 45):

“Although Eleanor Roosevelt, a member of board of directors of the NAACP, was also a member of the American delegation to the United Nations, she refused to introduce the NAACP petition in the United Nations out of concern that it woud harm the international reputation of the United States.  According to Du Bois, the American delegation had ‘refused to bring the curtailment of our civil rights to the attention of th General Assembly [and] refused willingly to allow any other nation to bring this matter up. If any should, Mr. [sic] Roosevelt has declared that she would probably resign from the United Nations delegation.’ The Soviet Union, however, proposed that the NAACP’s charges be investigated.  On December 4, 1947, the United Nations Commission on Human Rights rejected that proposal, and the United Nations took no action on the petition.”

W.E.B. Du Bois conceived of the idea of the NAACP petition from an earlier petition by the National Negro Congress submitted to the UN on June 6, 1946.  Mr. Du Bois participated in a later petition submitted to the UN by the Civil Rights Congress called “We Charge Genocide” (1952).  Sources for the text of these petitions and works about them are listed below.

Bibliography

National Association for the Advancement of Colored People.  An Appeal to the World!  A Statement on the Denial of Human Rights to Minorities in the Case of Citizens of Negro Descent in the United States of America and an Appeal to the United Nations for Redress   (New York:  NAACP, 1947)(prepared under the editorial supervision of W.E. Burghardt Du Bois, with contributions by Earl B. Dickerson, Milton R. Konvitz, William R. (Robert) Ming, Jr., Leslie S. Perry, and Rayford W. Logan).  Regenstein, Bookstacks.  JK1924.N3.  [excerpts online via the Library of Congress]

We Charge Genocide; The Historic Petition to the United Nations for Relief from a Crime of the United States Government Against the Negro People (U.S. Civil Rights Congress, New York, 1952). Regenstein, Bookstacks.  E185.61.C6 1970 [online via Hathi Trust]

Carol Anderson, Eyes Off the Prize:  The United Nations and the African American Struggle for Human Rights, 1944-1955 (Cambridge University Press, 2003).  D’Angelo Law Library, Bookstacks.  E185.61.A543 2003 c.2

Mary L. Dudziak, Cold War Civil Rights:  Race and the Image of American Democracy (Princeton University Press, 2000  & 2011).  D’Angelo Law Library, Bookstacks.  E185.61.D85 2000 c.1

Langston Hughes (with Christopher C. De Santis ed.), Fight for Freedom and Other Writings on Civil Rights 114-116 (University of Missouri Press, 2001)(The Collected Works of Langston Hughes, v.10).  [ebrary eBook]

William L. Krenn (ed.), The African American Voice in U.S. Foreign Policy Since World War II (v.5 of Race and U.S. Foreign Policy from the Colonial Period to the Present:  A Collection of Essays)(Garland, 1998).  D’Angelo Law Library, Bookstacks.  E744.R168 1998 v.5

David Levering Lewis, W.E.B. DuBois (v. 2, The Fight for Equality and the American Century, 1919-1963) (H. Holt/MacMillan, 2001).  D’Angelo Law Library, Bookstacks.  E185.9.D73L480 1993 v.2

Jonathan Rosenberg, How Far the Promised Land?:  World Affairs and the American Civil Rights Movement from the First World War to Vietnam (Princeton University Press, 2006).  Regenstein, Bookstacks.  E185.61.R8155 2006

Patricia Sullivan, Lift Every Voice:  The NAACP and the Making of the Civil Rights Movement 323 (New Press, 2009).  Regenstein, Bookstacks.  E185.5.N276 S85 2009  [ebrary eBook]

Sondra K. Wilson, In Search of Democracy:  The NAACP Writings of James Weldon Johnson, Walter White, and Roy Wilkins (1920-1977) 197 (Oxford University Press, 1999).  Regenstein, Bookstacks.  E185.61.I513 1999 [ebrary eBook]

Walter Wilson (ed.), The Selected Writings of W.E.B. Du Bois (New American Library, 1970).

Howard Winant, The World Is a Ghetto:  Race and Democracy Since World War II (Basic Books, 2001).  Regenstein, Bookstacks.  HT1521.W56 2001

Martin Luther King, Jr. in Oslo

Today, America celebrates the Martin Luther King, Jr. Day of Service.  As part of the celebration, you can read about his speeches at the University of Chicago here.  You can also “voice your dream” at the MLK dream wall and on Twitter (see also photos).

Photo of Martin Luther King, Jr. 

Martin Luther King, Jr. left behind a great international legacy.  The words of his 1964 Nobel lecture, The Quest for Peace and Justice, reverberate with renewed meaning today, as he said,

“The deep rumbling of discontent that we hear today is the thunder of disinherited masses, rising from dungeons of oppression to the bright hills of freedom…  Why should there be hunger and privation in any land, in any city, at any table when man has the resources and the scientific know-how to provide all mankind with the basic necessities of life? …. There is no deficit in human resources; the deficit is in human will. “ 

His acceptance speech (audio) for his Nobel Peace Prize highlights his non-violent philosophy, dreams for a better world, the importance of acting to change the world, and never losing hope.  Very inspiring!:

“I refuse to accept the cynical notion that nation after nation must spiral down a militaristic stairway into the hell of thermonuclear destruction. I believe that unarmed truth and unconditional love will have the final word in reality. This is why right temporarily defeated is stronger than evil triumphant. I believe that even amid today’s mortar bursts and whining bullets, there is still hope for a brighter tomorrow. I believe that wounded justice, lying prostrate on the blood-flowing streets of our nations, can be lifted from this dust of shame to reign supreme among the children of men. I have the audacity to believe that peoples everywhere can have three meals a day for their bodies, education and culture for their minds, and dignity, equality and freedom for their spirits…When our days become dreary with low-hovering clouds and our nights become darker than a thousand midnights, we will know that we are living in the creative turmoil of a genuine civilization struggling to be born.”

 

 

2010 Digest of United States Practice in International Law

The Department of State recently announced the publication of the 2010 Digest of United States Practice in International Law.  It is available as a 944-page PDF at state.gov.  It includes summaries and excerpts of U.S. government documents, court cases, treaty actions, and official statements on the following topics:

  • Nationality, Citizenship, and Immigration
  • Consular and Judicial Assistance and Related Issues
  • International Criminal Law (including terrorism, extradition, trafficking in persons, and piracy)
  • International, Hybrid, and Other Tribunals
  • Treaty Affairs
  • Foreign Relations
  • Human Rights
  • International Organizations
  • International Claims and State Responsibility
  • Privileges and Immunities
  • Trade, Commercial Relations, Investment, and Transportation
  • Territorial Regimes and Related Issues (including Law of the Sea)
  • Environment and Other Transnational Scientific Issues
  • Educational and Cultural Issues
  • Private International Law (including UNCITRAL, family law, international civil litigation)
  • Sanctions, Export Controls, and Certain Other Restrictions
  • International Conflict Resolution and Avoidance
  • Use of Force, Arms Control and Disarmament, and Nonproliferation
The Digest is online at the Department of State’s website from 1989-2010.  Here is additional background information on the Digest (from state.gov).  See also the IntLawGrrls blog post, Read On!  U.S. International Law Digest.  Note that the American Journal of International Law includes a quarterly-updated section on the “Contemporary Practice of the United States Relating to International Law”:
 

“The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a historical record of the views and practice of the Government of the United States in public and private international law. Following a hiatus from 1989-1999, publication of the Digest recommenced with calendar year 2000. Since then, annual volumes for 2000 through 2010, a two-volume set covering 1991-1999, and a volume for 1989-1990 have been published. A cumulative index for the years 1989-2008 was released in the spring of 2010. A brief history of the Digest and explanation of the current format of the book is provided in the Introduction to the Digest of United States Practice in International Law 2000. A supplemental note, dated October 1, 2010, provides updated information on Internet citations included in the Digest.”

Getting the Deal Through (GTDT online)

Getting the Deal Through (GTDT) logoIf you’re researching corporate law topics, you’ll find Getting the Deal Through (GTDT) very useful, both in its print format as books and in electronic format as an online database. You can find the GTDT database both as a standalone and as a component of the Global Competition Review (linked to from Surveys section) and Bloomberg Law (–> Secondary Sources –> Getting the Deal Through Treatises) databases.  The GTDT contains “international comparative guides to law and regulation in 46 practice areas and more than 100 jurisdictions containing concise explanations to the most important legal and regulatory matters that arise in business deals and disputes worldwide.”  Similar resources include the International Comparative Legal Guide (ICLG) Series (free via the Internet) and Practical Law Company (PLC Law Department –> Access Global Law –> PLC Cross-Border surveys – PLC Multi-Jurisdictional Guides – “comparative guides to law worldwide”).  

The GTDT covers the following practice areas:

Air Transport – Anti-Corruption Regulation – Arbitration – Banking Regulation – Cartel Regulation – Construction – Copyright – Corporate Governance – Dispute Resolution – Dominance – e-Commerce – Electricity Regulation – Environment Franchise – Gas Regulation – Insurance & Reinsurance – Intellectual Property and Antitrust – Labor & Employment – Licensing – Merger Control – Mergers & Acquisitions – Mining – Modernization in Europe – Oil Regulation – Patents – Pharmaceutical Antitrust – Private Antitrust Litigation – Private Equity (Fund Formation) – Private Equity (Transactions) – Product Liability – Project Finance – Public Procurement – Real Estate – Restructuring & Insolvency – Securities Finance – Shipping – Tax on Inbound Investment – Telecoms and Media – Trademarks – Vertical Agreements.  

Well worth checking out!  And, if you do use it, let us know what you think.  We love feedback on our Law Library’s electronic resources!

Wordle of Getting The Deal Done (GTDT) online database

 

 

 

Friday Fun: New foreign films in our DVD collection

12 (cover art for DVD movie from Russia)If you’re looking for a movie to watch this weekend, check out the Law Library’s popular DVD collection.  We have new foreign films!

The LL.M. Class of 2011 compiled a list of classic and culturally-significant movies from their home countries, and thanks to their generous Class gift, we have started purchasing them.  So far, we have 46 of the DVDs on the list from 18 different countries.  Browse our guide to these LL.M-recommended DVDs here

The guide is arranged by DVD title from A-Z (from 12 to Y tu mamá también) and by country (from Argentina to Uruguay), including cover art

We have other movies filmed outside the U.S.  Some are law-related.

We welcome your suggestions for movies and TV series to add to our recreational DVD collection.  Click here to request that we purchase a DVD.

Global legal research workshop: Tues., Nov. 8, 12:30 pm in Room V

Return to Planet Bean photo by

Return to Planet Bean (CC kern.justin)

Come learn about global legal research resources on Tuesday, November 8, at 12:30-1:30 pm in Room V. This workshop will focus on how to find foreign, comparative, and international legal resources in the U.S.  You will learn about the UK legal system and how to find and “noter-up” laws and cases for common law jurisdictions including Australia, India, Malaysia, Singapore, and South Africa.  You will learn about civil law systems and how to locate legal materials (including English translations) for China, France, Germany, Japan, Korea, Russia, and Latin American jurisdictions.   We will also highlight some key sources for finding treaties, decisions of international tribunals, and documents of international bodies such as the United Nations, European Union, and World Trade Organization.  We will cover the major databases for global legal research.

This program qualifies for Keystone Professionalism & Leadership Program points, so be sure to sign in!

Friday Fun: DVD movies & TV shows

Our Law Library’s DVD collection is popular and heavily-used.  Can you guess what our top 30 most popular DVDs are? (Check the list below to see how you did!)  Are there DVDs that you wish we had, but don’t see on the list? Let us know of recommendations and wishes for future purchases – use our online suggestion form!

The Reserve Collections Room on the second floor of the Law Library houses the DVD collection.  You can check out the DVDs at the Circulation Desk.  DVDs may be borrowed for 14 days.  There is no limit to how many DVDs you can check out.  

If you have not yet done so, visit our Reserve room and browse our DVDs. To get you started if nothing leaps out to check out, here are our D’Angelo Law Library staff favorites: 

 

  • All About My Mother (part of Viva Pedro: The Almodóvar Collection)
  • Battlestar Galactica (TV series)
  • Blade Runner
  • The Bourne Identity
  • The Bourne Supremacy
  • The Bourne Ultimatum
  • Callan (TV series)
  • Cat People (1942)
  • Chinatown
  • Cooley High
  • Criminal Minds (TV series)
  • Dead Man
  • Fiddler on the Roof
  • The Good, the Bad, the Ugly
  • H.P. Lovecraft’s Re-Animator
  • High Fidelity
  • Inspector Alleyn Mysteries (TV series)
  • It’s a Wonderful Life (1946)
  • Jacob’s Ladder
  • Let the Right One In (Lat den ratte komma in)
  • My Neighbor Totoro
  • North By Northwest
  • The Princess Bride
  • Rashomon
  • Sherlock Holmes
  • Six Feet Under (TV series)
  • The Spanish Prisoner
  • What’s Up, Doc?
  • The Wire (TV series)

The Muriel & Maurice Fulton Law Library Fund enables us to purchase many of our movies.  We started purchasing recreational DVDs in 2006 and now have over 1800 DVDs in our collection.  Among them are action flicks, foreign-language films, rom-coms, and cult classics.  We have TV series such as The Wire, Freaks and GeeksThe Office, and How I Met Your Mother.  We have great UK series such as Foyle’s War, MI-5 (aka Spooks), Callan, Downton Abbey.  We have serious law-related movies and TV shows, including the ABA Journal’s 25 Greatest Legal Movies and movies on foreign and international legal themes. Thanks to a gift from the LL.M. Class of 2011, we are starting to buy favorite foreign films on DVD.  

The Law Library recently acquired DVDs of the Geoffrey Baer tours around Chicago which originally aired on WTTW11.  The “Hidden Chicago” video tour in particular highlights the University’s “Nuclear Energy” sculpture and Rockefeller Chapel.  “Ghost signs.”  And a cowpath in the Loop!  

We also add movies filmed in Chicago to our DVD collection.  For example, we have Dark Knight, Eight Men Out (White Sox scandal), The Blues Brothers, The Untouchables, Batman Begins, Music Box, The Lake House, A Raisin in the SunOcean’s Eleven, Barbershop (and Barbershop II), and I, robot.   And The Good Wife.

We also have movies filmed in Hyde Park:

  • When Harry Met Sally (1989, starring Billy Crystal and Meg Ryan)
  • The Package (1989, starring Gene Hackman)
  • The Fugitive (1993, starring Harrison Ford and Tommy Lee Jones)
  • High Fidelity (2000, starring John Cusack)
  • Proof (2005, starring Gwyneth Paltrow, Sir Anthony Hopkins, Jake Gyllenhaal…and Dean Richard Badger – look out for his scene)  

Our most popular DVDs in recent years include Big Love, True Blood, Six Feet Under, Arrested Development, The Adventures of Indiana Jones, the Man with No Name trilogy, and the Lord of the Rings trilogy.  And, did you guess correctly?  Our top 30 all-time highest circulating DVDs are:

  1. The Wire
  2. The Godfather
  3. Chinatown
  4. The Godfather, Part II
  5. Proof
  6. Battlestar Galactica
  7. The West Wing
  8. Viva Pedro: The Almodóvar Collection
  9. Fight Club
  10. The Lives of Others = Das Leben der Anderen
  11. Wall Street
  12. Eternal Sunshine of the Spotless Mind
  13. Fargo
  14. 12 Angry Men
  15. High Fidelity
  16. The Bourne Ultimatum
  17. The Queen
  18. (500) Days of Summer
  19. When Harry Met Sally
  20. City of God = Cidade de DeusCity of God = Cidade de Deus
  21. The Usual Suspects
  22. Traffic
  23. Capote
  24. Rashomon
  25. Kill Bill, Volume 1
  26. Unforgiven
  27. The Insider
  28. The Paper Chase
  29. Se7en
  30. A Clockwork Orange