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The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas

Pace International Law Review

The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …

Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman

University of Miami Business Law Review

This article explores when corporations can be held liable under the Alien Tort Statute for human rights abuses that are committed outside of the United States. The Alien Tort Statute grants the United States district courts jurisdiction for torts committed against foreigners in violation of the law of nations. While the Alien Tort Statute concerns international law, it does not indicate whether the district courts have jurisdiction over disputes that involve conduct outside of the United States.

In this article, I focus my analysis on the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co. That case …

The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco

Pepperdine Law Review

No abstract provided.

Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker

University of Miami International and Comparative Law Review

No abstract provided.

Traveling To The Hague In A Worn-Out Shoe, Friedrich K. Juenger

Pepperdine Law Review

No abstract provided.

A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis

Pepperdine Law Review

No abstract provided.

Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim

Pepperdine Dispute Resolution Law Journal

Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …

The International Law Of State Immunity And Its Development By National Institutions, Christian Tomuschat

Vanderbilt Journal of Transnational Law

The proceedings between Germany and Italy currently pending before the International Court of Justice have revived interest in the legal regime of jurisdictional immunity of states. Germany charges Italy with violating the basic rule of state immunity by entertaining reparation claims brought before its civil courts by victims of serious breaches of international humanitarian law committed by Nazi Germany during World War II. Jurisdictional immunity is not absolute, but it remains preserved for truly governmental acts like military operations. None of the generally recognized exceptions apply in the German-Italian dispute. Damages resulting from international armed conflict are not covered by …

International Law's Mixed Heritage: A Common/Civil Law Jurisdiction, Colin B. Picker

Vanderbilt Journal of Transnational Law

This Article provides the first application of the emerging mixed jurisdiction jurisprudence to a comparative analysis of international law. Such a comparative law analysis is important today as the growth and increasing vitality of international juridical, administrative and legislative institutions is placing demands on international law not previously experienced. International law is unsure where to look for help in coping with these new stresses. In significant part this isolation can be attributed to a general view among international law scholars that international law is sui generis, and hence there is little to be gained from national legal systems. This Article …

Jurisdictional Theory "Made In Japan": Convergence Of U.S. And Continental European Approaches, Akihiro Hironaka

Vanderbilt Journal of Transnational Law

Recent Japanese cases concerning international jurisdiction illustrate a convergence of two distinct legal approaches to the treatment of jurisdictional issue--a rule-based, inflexible approach in Continental European countries and a standard-based, flexible approach in the United States. Japan's unique framework, as explained in this Article, might provide a useful perspective to solve the difficult question currently imposed on the Hague Conference: How is it possible to achieve comprehensive harmonization of the jurisdictional systems of the world?

The United States Dropped The Atomic Bomb Of Article 16 Of The Icc Statute, Mohamed E. Zeidy

Vanderbilt Journal of Transnational Law

This Article discusses the recent adoption of the Security Council Resolution 1422 and its impact on international law. The Author asserts that the United States--a major proponent of Resolution 1422--desires to immunize its leaders and soldiers from the International Criminal Court's jurisdictional powers. The Author begins by describing the drafting history of Article 16 and its legal consequences. Upon highlighting the most significant reasons for opposing Resolution 1422, the Author delineates how the Resolution mirrors the inconsistency with the United Nations Charter and the Law of Treaties. Finally, the Author concludes that Resolution 1422 should be rejected because it violates …

Extra-Statutory Discovery Requirements: Violating The Twin Purposes Of 28 U.S.C. Section 1782, Christopher W. Sanzone

Vanderbilt Journal of Transnational Law

This Note analyzes Section 1782 of United States Code Chapter 28 and its role in the realm of international judicial assistance. The twin aims of Section 1782 are: (1) to provide efficient means of assistance to participants in foreign litigation, and (2) to encourage foreign countries by example to provide similar assistance to U.S. litigants in court. This Note posits that these goals are violated when a district court, considering a request for documents, imposes a threshold, extra-statutory requirement that the material requested be discoverable in the foreign jurisdiction where the litigation is pending.

After analyzing the legislative history of …

Professor Lowenfeld Responds, Andreas F. Lowenfeld

Vanderbilt Journal of Transnational Law

Professor Silberman is as usual gracious in acknowledging my writings in various formats, and my efforts to restore conflict of laws to its place as a branch of international law, a place it has occupied in most of the world outside the United States, and occupied here as well in the view of Story and others who wrote before the balkanization of American law in the latter part of the nineteenth century. We have no disagreements on the value of the comparative method in teaching conflict of laws, civil procedure, or international litigation.

This brief response is addressed only to …

The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano

Vanderbilt Journal of Transnational Law

The globalization of the United States economy in the latter half of the twentieth century has fostered greater interaction between the United States and foreign states and their instrumentalities. As a result, the likelihood of legal disputes arising between United States entities and foreign states has increased. Traditionally, foreign states have been immune from suit in United States courts. However, the Foreign Sovereign Immunities Act (FSIA), enacted in 1976, specifies instances in which United States courts may deny immunity to foreign states and exercise jurisdiction over them. Under one provision of the FSIA, a foreign state may forfeit its immunity …

Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller

Vanderbilt Journal of Transnational Law

This Article contends that the current state of the debate over the balancing of interests in the extraterritorial application of United States law is outmoded and in need of serious reexamination. Most commentators and scholars continue to focus on the area of jurisdiction to prescribe, the acceptability of the effects test, and the development of lists of United States and foreign interests to be balanced by a United States court before exercising jurisdiction.

Professor Waller contends that this debate is no longer productive. Extraterritoriality, with some limitations for the interests of other states, is an accepted feature of United States …

Book Review, Michael C. Doland

Vanderbilt Journal of Transnational Law

The book is divided into two parts. The first part addresses those subjects that the Foreign Sovereign Immunities Act covers in detail, including the definition of foreign states and foreign government-owned corporations, judicial competence, jurisdiction, immunity, service of process, venue, and execution of judgments. The second part addresses those subjects that the Act covers in a cursory fashion, including burden of proof, rights of discovery, available remedies, and jury trials. In addition, the book treats those topics that received virtually no discussion under the Foreign Sovereign Immunities Act but that are essential to its understanding and enforcement, including the act …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Alien Tort Statute Grants Federal Court Subject Matter Jurisdiction Over Foreign Sovereign for Tort Committed in Clear Violation of International Law and Foreign Sovereign Immunities Act is not Exclusive Jurisdictional Grant Over Sovereign-- Amerada Hess Shipping Corp. v. Argentina Republic 830 F.2d 421 (2nd Cir. 1987)

Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner

Vanderbilt Journal of Transnational Law

One of the most painful experiences of my government service occurred on January 18, 1985, when as Acting Assistant Secretary of State for Legislative and Intergovernmental Affairs I was called on to sign letters informing Congress of the President's decision "not to participate further in the case brought by Nicaragua before the International Court of Justice." I felt deeply that the United States approach was mistaken--not so much on legal as on political grounds'--and in advocating my views I pushed strongly against the proper limits of legitimate dissent within the bureaucracy.

Having defended the Court against speculative criticism from lawyers …

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 …

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.

Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher

Vanderbilt Journal of Transnational Law

This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …

Remarks On Subject Matter Jurisdiction, Michael Blechman

Vanderbilt Journal of Transnational Law

In United States jurisprudence, two quite different legal concepts are both labeled jurisdiction. In personam or personal jurisdiction refers to the extent to which a court has power over a particular defendant. Subject matter jurisdiction is an entirely different concept that addresses the question of whether a particular law is intended to apply to different kinds of conduct. In the antitrust area, for example, obtaining subject matter jurisdiction depends upon whether conduct within the United States has a sufficient impact on interstate commerce or foreign conduct has a sufficient impact on United States domestic or export commerce to be within …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Point of Final Loading and Routing is Place of Shipment for Purposes of Valuing Lost Cargo; Private Carrier's Both-to-Blame Clause is Enforceable---Allseas Maritime, S.A. v. M/V Mimosa, 574 F. Supp. 844 (S.D. Tex. 1983).

LAND-BASED NEGLIGENCE CAUSING AN AIRPLANE CRASH IN INTERNATIONAL WATERS FALLS WITHIN ADMIRALTY JURISDICTION--Miller v. United States, 18 Av. CAS. (CCH) 17,912 (11th Cir. 1984).

FREIGHT FORWARDER WHO BREACHES A FIDUCIARY DUTY TO HIS SHIPPER VIOLATES THE WIRE FRAUD STATUTE--United States v. Armand Ventura, 724 F.2d 305 (2d Cir. 1983).

IN PERSONAM JURISDICTION OBTAINED BY ATTACHMENT OF PROPERTY IS DIFFERENT FROM IN REM JURISDICTION--Belcher Co. v. MIV …

Aspects Of International Law Affecting The Naval Commander, Geoffrey E. Carlisle

International Law Studies

No abstract provided.

The International Law Of The Armed Forces Abroad, Gordon B. Baldwin

International Law Studies

No abstract provided.

Recognition Of States And Governments, Brunson Macchesney

International Law Studies

No abstract provided.

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 …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

State Port Authority Acting Incident to Maritime Carriage Subject to Admiralty Jurisdiction in Damage Suit

MARINE INSURANCE PROVIDING COVERAGE OF LOSSES "ARISING FROM OR OCCURRING FROM" SPECIFIED CONDITIONS DOES NOT COVER LOSSES OCCURRING AFTER PERIOD OF COVERAGE DUE TO CONDITIONS WHICH INITIALLY AROSE DURING THE PERIOD OF COVERAGE

FEDERAL COURT LACKS POWER UNDER SUITS IN ADMIRALTY ACT TO IMPOSE GOVERNMENTAL LIABILITY FOR HARM CAUSED BY FAILURE TO EXERCISE DISCRETIONARY FUNCTION

2. Alien's Rights

FAMILY RELATIONSHIP CAN BE SHOWN AS A MATTER OF FACT FOR IMMIGRATION PURPOSES WHERE APPLICABLE FOREIGN DOMESTIC LAW HOLDS MEANINGLESS THE CONCEPT OF LEGITIMACY

3. …

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 …

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 …