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Articles 331 - 351 of 351
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Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY-- An Owner Must Arbitrate a Claim that a Parent Company Assigned to its Subsidiary when the Owner Contemplated such Arbitration in a Contract with the Subsidiary
2. DIPLOMATIC IMMUNITY-- United Nations Employees not Accorded Diplomatic Immunity in Cases of Espionage; Recapture of Stolen Classified Information Diplomat does not Violate Diplomatic Immunity
3. EXTRADITION-- United States Extradition Treaty Applicable to all Enumerated Crimes regardless of the Sentence Imposed
4. INTERNATIONAL PATENT REGULATION-- Motion Requesting Benefit of Foreign Patent in Patent Interference Action is Proper without Supporting Statement of Reasons when Opponent can Fairly Respond
5. JURISDICTION AND PROCEDURE-- Dismissal …
Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz
Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz
Northwestern Journal of International Law & Business
Increases in the amount and complexity of international trade and changes in jurisdictional rules over the last thirty years have often resulted in American courts serving as forums for suits involving non-residents. Very often these suits are the result of transactions that have occurred abroad and may be governed by foreign law as well. Obvious difficulties confront a party compelled to defend in a foreign court. Problems such as unfamiliarity with the language or legal process, unavailability of witnesses, or expenses incurred in bringing evidence from another country have led foreign defendants to seek dismissal of suits on the grounds …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. Admiralty A State has Standing to Sue to Recover the Cost of Replacing Natural Resources Destroyed by Pollution
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2. Aliens' Rights Executive Order Barring Lawfully Admitted Resident Aliens from Federal Civil Service is Valid
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3. Constitutional Law Scope of Lacey Act Limited to Foreign Laws Designed to Protect Wildlife
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4. European Economic Community Restrictive Resale Provisions, Discriminating Pricing Policies, and Refusals to Deal by Corporation with a Dominant Position in a Substantial Part of EEC Violates Article 86 of the EEC Treaty
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5. International Travel Statute Suspending Social Security Income Benefits for Recipient Temporarily Out …
Footnote To The Nuclear Test Cases: Abuse Of Right--A Blind Alley For Environmentalists, Jerome B. Elkind
Footnote To The Nuclear Test Cases: Abuse Of Right--A Blind Alley For Environmentalists, Jerome B. Elkind
Vanderbilt Journal of Transnational Law
In a recent article entitled "French Nuclear Tests and Article 41: Another Blow to the Authority of the Court," the author questioned the approach of the learned Judges of the International Court of Justice to article 41 of the Court's Statute. The title of that article was intended to deplore the recent tendency of States (most particularly France, but also Iceland) who are parties to the Statute of the International Court of Justice to arrogate to themselves the right to determine whether the Court has jurisdiction...
The judgment of December 20, 1974 is but one more example of the extremes …
The Turkish Aid Ban: Review And Assessment, A. A. Fatouros
The Turkish Aid Ban: Review And Assessment, A. A. Fatouros
Articles by Maurer Faculty
In this article, A.A. Fatouros places the U.S. aid-embargo to Turkey in the context of jurisdiction (executive vs. legislative powers) rather than in the context of ideological differences between the two camps. If, as the writer claims, the final concessions to the executive branch by Congress had been predictable, could we conclude that the executive branch is on the road to recovery? And if that is the case, is the Congressional ratification of the recent agreement between Kissinger and Turkey a foregone conclusion? There is of course such a possibility. To avert it, the opponents of the aid and the …
Recent Developments--Recent Decisions, Philip B. Barr, Jr., Michael Stukenberg
Recent Developments--Recent Decisions, Philip B. Barr, Jr., Michael Stukenberg
Vanderbilt Journal of Transnational Law
All nations recognize the enormous problem of marine pollution. The sources of marine pollution are definable, and there are methods by which these sources may be restricted. Virtually all mankind would prefer less pollution to more. Prevention, however, becomes less attractive in light of its costs, which assume both political and economic characteristics. Varying political and economic climates coupled with problems of sovereignty and national self-interest render agreement on the imposition of standards difficult. This Recent Development will chart past and present efforts at the preservation of the marine environment, consider the issues confronting the United Nations Third Conference on …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
ABSTRACTION AND USE OF WATER: A COMPARISON OF LEGAL REGIMES By Ludwik A. Teclaff
New York, United Nations Publications,1972. Pp. iv, 254. $5.50.
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CONSULATE OF THE SEA AND RELATED DOCUMENTS
By Stanley S. Jados
University, Alabama: The University of Alabama Press,1975. Pp. xvi, 326. $12.00
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FOOTSTEPS INTO THE FUTURE
by Rajni Kothari
New York: The Free Press, 1974. Pp. xxiii, 173. $8.95.
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THE FUTURE OF INTERNATIONAL FISHERIES MANAGEMENT
Edited by H. Gary Knight
St. Paul, Minnesota: West Publishing Co., 1975.Pp. xiii, 253. $14.00.
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THE ILLEGAL DIVERSION OF AIRCRAFT AND INTERNATIONAL LAW
By Edward McWhinney
Leiden: A.W. …
French Nuclear Testing And Article 41--Another Blow To The Authority Of The Court?, Jerome B. Elkind
French Nuclear Testing And Article 41--Another Blow To The Authority Of The Court?, Jerome B. Elkind
Vanderbilt Journal of Transnational Law
On the 23rd of July 1973, at 9:00 a.m. New Zealand time, members of the crew of the New Zealand vessel, Otago, witnessed a nuclear explosion on one of the islands in the Mururoa atoll. The blast, a small one in the low kiloton range, marked the beginning of the eighth series of French atmospheric nuclear tests, which have been conducted in the Pacific since July 1966 when France moved its nuclear test site from the Reggane Firing Ground in the Sahara. Since that time the French nuclear tests have been a perennial sore spot in the diplomatic relations between …
The Development Of A United States Approach Toward The International Court Of Justice, Philip C. Jessup
The Development Of A United States Approach Toward The International Court Of Justice, Philip C. Jessup
Vanderbilt Journal of Transnational Law
This article is not designed as a history of the International Court of Justice, nor as a legal analysis of the way in which the Court functions. Rather, the purpose is to describe the attitude of the United States, i.e., the Department of State, toward the actual use of the Court in a variety of situations, some of which involved important interests of the United States and others of which did not. The concentration in this article is on the jurisdiction of the Court to give advisory opinions, since it is in connection with proposals to request such opinions that …
The Bremen, Cogsa And The Problem Of Conflicting Interpretation, Charles L. Black, Jr.
The Bremen, Cogsa And The Problem Of Conflicting Interpretation, Charles L. Black, Jr.
Vanderbilt Journal of Transnational Law
All aspects of the important Bremen decision will be explored in these Comments and elsewhere. I propose to present just two ideas, without needless connective verbal tissue between them: I. The Bremen case has nothing to do with the Carriage of Goods by Sea Act (COGSA); both choice-of-forum and choice-of-law clauses should continue to be invalidated in bills of lading subject to that Act. II. The best solution for international conflicts of interpretation as to COGSA (and doubtless as to other statutes based on international conventions) would be an international court of appeals, exercising a discretionary jurisdiction, but empowered to …
Recent Treaties And Statutes, Arthur R. Louv, Woodard E. Farmer, Jr., Mark R. Von Sternberg
Recent Treaties And Statutes, Arthur R. Louv, Woodard E. Farmer, Jr., Mark R. Von Sternberg
Vanderbilt Journal of Transnational Law
ADMIRALTY--AMENDMENT TO FEDERAL MARITIME LIEN ACT--CHARTERER CONCLUSIVELY PRESUMED TO AUTHORIZE LIENS FOR NECESSARIES AND REPAIRS
Arthur R. Louv
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TERRITORIAL JURISDICTION--MASSACHUSETTS JUDICIAL EXTENSION ACT--STATE LEGISLATURE EXTENDS JURISDICTION OF STATE COURTS TO 200 MILES AT SEA
Woodard E. Farmer, Jr.
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TERRITORIAL JURISDICTION--MINING THE DEEP SEA BED--INTERNATIONAL PROBLEMS AND NATIONAL RESOLUTIONS
Mark R. von Sternberg
Statutory Reform In Claims Against Foreign States: The Belman-Lowenfeld Proposal, Richard K.V. Hines, Kurt A. Strasser
Statutory Reform In Claims Against Foreign States: The Belman-Lowenfeld Proposal, Richard K.V. Hines, Kurt A. Strasser
Vanderbilt Journal of Transnational Law
The executive branch of the United States Government has indicated recently that it is reexamining its dominant judicatory role in the field of sovereign immunity of foreign states. Studies undertaken in 1966 by the State Department resulted in the preparation of draft legislation on sovereign immunity that the Department has been studying for possible presentation to Congress. The proposed Belman-Lowenfeld legislation would completely remove the State Department from any role in deciding sovereign immunity cases. The proposal itself would subject foreign states to the jurisdiction of United States federal courts for activities carried on or having a direct effect in …
Annulments--A Comparative Study Of Jurisdiction And Recognition Of Foreign Decrees, Donald J. Newman
Annulments--A Comparative Study Of Jurisdiction And Recognition Of Foreign Decrees, Donald J. Newman
Case Western Reserve Journal of International Law
No abstract provided.
Vietnam And Public International Law: Comment, Anthony A. D'Amato
Vietnam And Public International Law: Comment, Anthony A. D'Amato
Vanderbilt Journal of Transnational Law
With each international crisis inevitably come the self-styled "realists" proclaiming that there is no such thing as public international law. The Vietnam war is no exception, although here, due to the unusual complexity of the facts and the controversy over the applicable rules of international law, many of the published replies to the "realist's" positions have themselves been insubstantial and unconvincing. Let us look first, briefly, at the arguments of one of the realists, and then, with equal brevity, at some of the counter claims. The remainder of this comment will be addressed to the larger issues involved and some …
Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner
Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner
Villanova Law Review
No abstract provided.
Part I. Final Text On The Nato Agreements On Status C. Protocol On The Status Of International Military Headquarters Set Up Pursuant To The North Atlantic Treaty *, Joseph M. Snee
International Law Studies
No abstract provided.
Part I. Final Text Of The Nato Agreements On Status A. Agreement Between The Parties To The North Atlantic Treaty Regarding The Status Of Their Forces, Joseph M. Snee
International Law Studies
No abstract provided.
Introduction, Joseph M. Snee
Chapter Vi: Legal Problems Arising From The Reasonable Uses Of Outer Space, Carl Q. Christol
Chapter Vi: Legal Problems Arising From The Reasonable Uses Of Outer Space, Carl Q. Christol
International Law Studies
No abstract provided.
What Constitutes Doing Business By A Foreign Corporation, William J. Kinnally
What Constitutes Doing Business By A Foreign Corporation, William J. Kinnally
Indiana Law Journal
No abstract provided.
Service Of Process On Foreign Corporations Not Admitted To Do Business In The State
Service Of Process On Foreign Corporations Not Admitted To Do Business In The State
Indiana Law Journal
Legislative Comment