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Sovereign Immunity In Perspective, Stefan A. Riesenfeld

Vanderbilt Journal of Transnational Law

The doctrine of the immunity of foreign governments from the adjudicatory and enforcement jurisdiction of national courts is rooted in two bases of international law, the notion of sovereignty and the notion of the equality of sovereigns. There is no need to rehearse the historical growth of these foundations of the modern international community. Suffice it to say that E.D. Dickinson's celebrated study, The Equality of States in International Law, furnishes a detailed account of the evolution of these notions.

Although historically the recognition of the jurisdictional immunities of foreign states may have been intertwined with the recognition of the …

Sovereign Immunity: The Exception For Intellectual Or Industrial Property, Virginia Morris

Vanderbilt Journal of Transnational Law

The doctrine of sovereign or state immunity exempts a state and its property from the judicial jurisdiction of any other state. The domestic courts of various nations have developed this doctrine over the years through cases in which private citizens have attempted to sue foreign states. Courts' enunciations of the principle of state immunity and their reasons for granting or denying the immunity are almost as numerous as the countries whose courts have faced this issue. The current work of the International Law Commission (the Commission) on the codification and the progressive development of the jurisdictional immunities of states and …

Private International Law As A Means To Control The Multinational Enterprise, Dimitris Tzouganatos

Vanderbilt Journal of Transnational Law

This Article explores the different approaches taken by the academic and judicial communities of Germany and the United States in their respective attempts to derive the optimal legal policy to deal with the multinational enterprise phenomenon. It attempts to assess the success of the Private International Law method as applied in most European countries by examining whether its criteria are operational and a reflection of economic reality. The Article also analyzes whether application of such criteria ensures the enforcement of the policies of the forum. It concludes by questioning whether the Private International Law approach is a viable alternative to …

Opinion Of Counsel On Agreements Governed By Foreign Law, Michael Gruson, Michael Kutschera

Vanderbilt Journal of Transnational Law

An opinion delivered as a condition precedent to the effectiveness of an agreement serves the purpose of assuring the opinion recipient of the correctness of the legal assumptions on which he bases his decision whether or not to enter into the agreement. In case of a transborder agreement, the laws of more than one country apply to various aspects of the transaction even if the agreement contains an express governing law clause, and the opinions of lawyers from the relevant countries must, if read together, cover all important legal issues. On the other hand, each lawyer must limit his opinion …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

THE WORLD OF SCIENCE AND THE RULE OF LAW

By John Ziman, Paul Sieghart, and John Humphrey

New York: Oxford University Press, 1986. Pp. viii, 343. $37.00

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ESSAYS ON INTERNATIONAL LAW

By Stuart S. Malawer

Buffalo: William S. Hein & Co., 1986. Pp. ix, 201. $35.00

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THE IMF IN A CHANGING WORLD, 1945-85

By Margarett Garritsen deVries

Washington: International Monetary Fund, 1986. Pp. x,226

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SOVIET LAW AND SOVIET REALITY

By Olimpiad S. Ioffe

Dordrecht: Martinus Nijohoff Publishers, 1985. Pp. vi, 234

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SWITZERLAND'S ROLE AS AN INTERNATIONAL FINANCIAL CENTER

By Benedicte Vibe Christensen

Washington: International …

Book Note, Covey T. Oliver

Vanderbilt Journal of Transnational Law

Students of international law in the United States have long desired a textbook to accompany the use of one or another of the "case-materials-problems" study books used in their courses. They do not yet have such a text,' but now they can find substantial degrees of security, guidance, and intellectual encouragement in a veritable gem of a Nutshell. Professors Buergenthal and Maier have written a remarkably accurate and insightful book on international law, almost as if they had engraved it on a small gold tablet. It is, as a work, outstanding in the West Publishing Company Nutshell series.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

Consensus and Confrontation: The United States and the Law of the Sea Convention

By Jon M. Van Dyke.

Honolulu: The Law of the Sea Institute, University of Hawaii, 1985. Pp. x, 576. $29.50

Free Flow of Information; A New Paradigm. By Achal Mehra

Westport, Connecticut: Greenwood Press, 1986. Pp. xiii, 225. $32.95

The Fund Agreement in the Courts, Volume III. By Joseph Gold Washington, D.C.: International Monetary Fund, 1986. Pp. xvi, 841.$45.00

A Standard for Justice; A Critical Commentary on the Proposed Bill of Rights for New Zealand

By Jerome B. Elkind and Antony Shaw

New York: Oxford …

Legality Of Economic Sanctions Underinternational Law: The Case Of Nicaragua, J. Curtis Henderson

Washington and Lee Law Review

No abstract provided.

Binding Ties, Tying Bonds: International Options For Constraints On Great Lakes Diversions, Robert J. Sugarman

Case Western Reserve Journal of International Law

No abstract provided.