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The Right Of Self-Determination After Helsinki And Its Significance For The Baltic Nations, Boris Meissner Jan 1981

The Right Of Self-Determination After Helsinki And Its Significance For The Baltic Nations, Boris Meissner

Case Western Reserve Journal of International Law

No abstract provided.


Self-Determination Under International Law: Validity Of Claims To Secede, Ved P. Nanda Jan 1981

Self-Determination Under International Law: Validity Of Claims To Secede, Ved P. Nanda

Case Western Reserve Journal of International Law

No abstract provided.


Self-Determination Under International Law: Validity Of Claims To Secede, Ved P. Nanda Jan 1981

Self-Determination Under International Law: Validity Of Claims To Secede, Ved P. Nanda

Case Western Reserve Journal of International Law

No abstract provided.


Contributions Of Lesser Developed Nations To International Law: The Latin American Experience, Frank Griffith Dawson Jan 1981

Contributions Of Lesser Developed Nations To International Law: The Latin American Experience, Frank Griffith Dawson

Case Western Reserve Journal of International Law

No abstract provided.


The Legality Of The U.S. Economic Blockade Of Cuba Under International Law, Paul A. Shneyer, Virginia Barta Jan 1981

The Legality Of The U.S. Economic Blockade Of Cuba Under International Law, Paul A. Shneyer, Virginia Barta

Case Western Reserve Journal of International Law

No abstract provided.


The Right Of Self-Determination After Helsinki And Its Significance For The Baltic Nations, Boris Meissner Jan 1981

The Right Of Self-Determination After Helsinki And Its Significance For The Baltic Nations, Boris Meissner

Case Western Reserve Journal of International Law

No abstract provided.


The Monroe Doctrine In The 1980'S: International Law, Unilateral Policy, Or Atavistic Anachronism, David D. Carto Jan 1981

The Monroe Doctrine In The 1980'S: International Law, Unilateral Policy, Or Atavistic Anachronism, David D. Carto

Case Western Reserve Journal of International Law

No abstract provided.


The Exhaustion Of Local Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr Jan 1981

The Exhaustion Of Local Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr

Cornell International Law Journal

No abstract provided.


Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, M. Cherif Bassiouni, Daniel H. Derby Jan 1981

Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, M. Cherif Bassiouni, Daniel H. Derby

Hofstra Law Review

No abstract provided.


Reality And Hope In International Human Rights: A Critique, Rosalyn Higgins Jan 1981

Reality And Hope In International Human Rights: A Critique, Rosalyn Higgins

Hofstra Law Review

No abstract provided.


Unctad's Draft Code Of Conduct On The Transfer Of Technology: A Critique, James W. Skelton, Jr. Jan 1981

Unctad's Draft Code Of Conduct On The Transfer Of Technology: A Critique, James W. Skelton, Jr.

Vanderbilt Journal of Transnational Law

UNCTAD's fourteenth plenary meeting on May 6, 1980, produced the latest of several attempts to draft such a code. The document is entitled "Draft International Code of Conduct on the Transfer of Technology" (Draft Code), and this draft will be the primary subject of analysis in this article. The drafters of the code face a number of problems, the least of which is the ultimate determination of the code's legal character and, consequently, its legal effect. This determination and other problem areas confronting the drafters, including the code's special preferences for developing countries, the core chapter on restrictive practices, and …


Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii Jan 1981

Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii

Vanderbilt Journal of Transnational Law

Book Reviews

Human Rights: International Petition System

Binders 1 and 2

Maxine E. Tardu

Dobbs Ferry: Oceania Publications, Inc.,1979 and 1980. $75.00 per Binder.

Reviewed by Howard D.Coleman

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The International Law and Policy of Human Welfare

Edited by R. St. John Macdonald, D.M. Johnston and L. Morris

The Netherlands: Sijthoff and Noordhoff, 1978. Pp. xviii, 690. $95.

Reviewed by Clark C. Siewert

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Deep Sea Mining

Judith T. Kildow, Editor

Cambridge, Massachusetts and London, England: MIT Press. 1980. Pp. 251.

Reviewed by John T. Smith II


Unauthorized Duplication Of Sound Recordings: Transnational Problem In Search Of A Solution, Vassilios C. Gatzimos Jan 1981

Unauthorized Duplication Of Sound Recordings: Transnational Problem In Search Of A Solution, Vassilios C. Gatzimos

Vanderbilt Journal of Transnational Law

Recent estimates place the global recording industry's losses to pirates, counterfeiters, and bootleggers at $1.5 billion annually, and losses due to home taping at over $2 billion annually. Even in a thriving industry, these losses are staggering. The purpose of this Note is to survey the scope of the problem of unauthorized duplication of sound recordings and to examine international and national efforts by governments and the recording industry to eradicate this problem.


Ocean Thermal Energy Conversion: The Codification Of A Potential Technology, Maureen O`C. Walker, Murray A. Bloom Jan 1981

Ocean Thermal Energy Conversion: The Codification Of A Potential Technology, Maureen O`C. Walker, Murray A. Bloom

Vanderbilt Journal of Transnational Law

Rapid technological advancement has been the hallmark of post-industrial societies for more than a quarter of a century. This progress is forever disrupting our established legal systems. Nowhere is this tension more evident than in the discoveries of the developing energy industry. An exception to this process is the infant industry of ocean thermal energy conversion (OTEC). The United States Congress recently enacted legislation establishing the legal framework for the OTEC process, which has not yet been proven on a commercial scale.

OTEC is a form of solar energy that takes advantage of the vertical temperature differentials in those regions …


Books Received, Journal Staff Jan 1981

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE MIDDLE EASTERN STATES AND THE LAW OF THE SEA

By Ali A.El-Hakim

Syracuse: Syracuse University Press, 1979. Pp. 293.Tables, maps, and international agreements.

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COMPLIANCE AND PUBLIC AUTHORITY: A THEORY WITH INTERNATIONAL APPLICATIONS

By Oran R. Young

Baltimore: Resources for the Future, 1979. Pp. 161.

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DOING BUSINESS WITH THE Russians

Under license from Westshore, Inc. New York: Praeger Publishers, 1978. Pp. 166.

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TAX LAW AND POLICY IN THE E.E.C.

By Alexander James Easson

London: Oceana Publications, 1980. Pp. 269. Tables of treaty provisions, secondary legislation, cases, and statistics.

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THE COLLAPSE OF WELFARE REFORM: POLITICAL INSTITUTIONS, POLICY …


Recent Decisions, David R. Simon, David D. Dowd Jan 1981

Recent Decisions, David R. Simon, David D. Dowd

Vanderbilt Journal of Transnational Law

Antitrust--Act of State Doctrine Precludes Judicial Review of Cases in which Private Defendant Induces Foreign Sovereign to Boycott Plaintiff's Services and Products

David R. Simon

Plaintiff, a designer and manufacturer of short takeoff and landing (STOL) aircraft, sought damages from defendants for violation of sections 1 and 2 of the Sherman Act. Specifically, plaintiff alleged that defendant's employees falsely disparaged General Aircraft Corporation's (GAC) STOL aircraft products and services by circulating false and misleading performance reports and engaged in a "vendetta" designed to drive GAC out of business because of GAC's refusal to conduct Southeast Asian Helio sales under the …


A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill Jan 1981

A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill

Fordham Law Review

No abstract provided.


Recent Decisions, Kevin P. Hishta, J. Clifton Cox, Shari D. Olenick, Stephen B. Hatcher, Ann M. Bell Jan 1981

Recent Decisions, Kevin P. Hishta, J. Clifton Cox, Shari D. Olenick, Stephen B. Hatcher, Ann M. Bell

Vanderbilt Journal of Transnational Law

ALIENS--Executive Suspension of Alien's Deportable Status Final as Congressional Veto Mechanism violates Constitutional Doctrine of Separation of Powers

Kevin P. Hishta

--------------------------- Sovereign Immunity--Iranian Immunity from Pre-Judgment Attachments Terminated under International Emergency Economic Powers Act

J. Clifton Cox

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Sovereign Immunity--Government Shipping Company of the People's Republic of China is an "Agency or Instrumentality" for the Purposes of the Foreign Sovereign Immunities Act of 1976

Shari D. Olenick

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State Corporate Income Tax--Foreign Source Dividends Included in State Taxation Base Under Unitary Business Enterprise Test

Stephen B. Hatcher

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Trade Regulation--Use of Registered Mail by Federal Trade Commission to Subpoena …


The European Patent System, Friedrich - Karl Beier Jan 1981

The European Patent System, Friedrich - Karl Beier

Vanderbilt Journal of Transnational Law

The formation of the European patent system, which I have presented here only in part and which is still missing one essential element, the Common Market patent, constitutes a milestone in the development of international patent law. No event since the Paris Convention for the Protection of Industrial Property in 1883 has so drastically changed the system of protection of inventions as the European patent system will. I do not except the Patent Cooperation Treaty (PCT) signed in Washington in 1970 and entered into force over two years ago. It certainly overcomes the territorial approach of the Paris Convention in …


The Role Of Unilateral State Action In Preventing International Environmental Injury, Richard B. Bilder Jan 1981

The Role Of Unilateral State Action In Preventing International Environmental Injury, Richard B. Bilder

Vanderbilt Journal of Transnational Law

This discussion suggests that unilateral state action to prevent international environmental injury is likely to play an important and continuing role in efforts to deal with international environmental problems. It also suggests the futility of attempting to characterize unilateral action as inherently either desirable or undesirable. While multilateral actions seem generally preferable to unilateral action, effective multilateral arrangement in many cases may not be practically attainable. Unilateral action may be the only feasible alternative to inaction. Under these circumstances, a respectable argument can be made for the propriety of unilateral action on at least an interim basis pending achievement of …


The Uniform Foreign Money-Judgments Recognition Act: A Survey Of The Case Law, Carol C. Honigberg Jan 1981

The Uniform Foreign Money-Judgments Recognition Act: A Survey Of The Case Law, Carol C. Honigberg

Vanderbilt Journal of Transnational Law

The Uniform Foreign Money-Judgments Recognition Act's genesis lay in the belief that a state's codification of its rules on the recognition of foreign money-judgments would increase the likelihood that similar judgments rendered by that state would be recognized abroad. The treatment of United States judgments in the courts of foreign nations concerned the Commissioners on Uniform State Laws because United States courts traditionally accord far better treatment to foreign judgments than is accorded United States judgments abroad. The recognition and enforcement of foreign judgments, or recognition practice, has long posed special problems because of the vast differences in the various …


Nuclear Power And Non-Proliferation: The View From Brazil, James P. Rowles Jan 1981

Nuclear Power And Non-Proliferation: The View From Brazil, James P. Rowles

Vanderbilt Journal of Transnational Law

This article contains a hypothetical memorandum written by a hypothetical Brazilian policymaker, together with a hypothetical draft Brazilian proposal for the establishment of an International Plutonium Storage regime. None of these materials should be interpreted as a statement of policy by any Brazilian official or by the Republic of Brazil...

This article consists primarily of a hypothetical review memorandum written for Brazilian President Joao Baptista Figueiredo by a hypothetical Brazilian policymaker offering advice on two issues of immediate concern to Brazil. The first involves proposals for the establishment, under International Atomic Energy Agency (IAEA) auspices, of an International Plutonium Storage …


Book Reviews, James B. Boskey, John Quigley Jan 1981

Book Reviews, James B. Boskey, John Quigley

Vanderbilt Journal of Transnational Law

Social Policy Harmonization in the European Community

John Holloway

England: Gower Publishing Co./Renouf, 1980. Pp.318. $27.00.

Reviewed by James B. Boskey

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Israel, the West Bank and International Law

Allan Gerson

Totowa, New Jersey, and London: Frank Cass & Co., 1978. Pp.285. $30.00

Reviewed by John Quigley


Introduction, Harold G. Maier Jan 1981

Introduction, Harold G. Maier

Vanderbilt Journal of Transnational Law

On October 24, 1980, a symposium entitled "Transnational Technology Transfer: Current Problems and Solutions for the Corporate Practitioner" was held at Vanderbilt Law School. The symposium was a regional meeting of the American Society of International Law (ASIL) co-sponsored by the Vanderbilt Journal of Transnational Law and the Vanderbilt International Law Society under the auspices of the law school's Transnational Legal Studies Program. This writer served as organizer for the ASIL. Mr. Kevin Tyra, a third-year law student, was Symposium Chairman. Persons in attendance at the symposium were individuals active in private practice, government, and the academic field. During the …


Books Received, C. A. P. Jan 1981

Books Received, C. A. P.

Vanderbilt Journal of Transnational Law

COMPARATIVE LAW YEARBOOK

VOLUME 3, 1979.

Issued by the Center for International Legal Studies The Netherlands:

Sijthoff& Noordhoff, 1980. Pp. 287

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UNITED STATES FOREIGN RELATIONS LAW: DOCUMENTS AND SOURCES, VOLUME 1

EXECUTIVE AGREEMENTS

By Michael J.Glennon and Thomas M. Frank

Dobbs Ferry, New York: Oceana Publications, Inc., 1980. Pp. 474.

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U.S. NAVAL WAR COLLEGE, INTERNATIONAL LAW STUDIES, VOLUME 62 Edited by Richard B. Lillich and John Norton Moore

Newport, Rhode Island: Naval War College Press, 1980. Pp. 758.

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THE SOVIET PROCURACY AND THE SUPERVISION OF ADMINISTRATION

By Gordon B. Smith

The Netherlands: Sijthoff and Noordhoff,1978. Appendices. Pp. …


The Canadian National Energy Program: An Example Of Assertion Of Economic Sovereignty Or Creeping Expropriation In International Law, Errol P. Mendes Jan 1981

The Canadian National Energy Program: An Example Of Assertion Of Economic Sovereignty Or Creeping Expropriation In International Law, Errol P. Mendes

Vanderbilt Journal of Transnational Law

The Canadian National Energy Program provides insight into the critical global debate on the expropriation of alien investors' property. Sovereign states can no longer expropriate by forced and outright transfers of an alien's assets without any compensation. States which expropriate in this manner face massive retaliation from the powerful capital-exporting countries through, inter alia, the cutting of trade and commercial ties, the freezing of assets, retaliatory diplomatic moves, and court action in the home state of the investors. The principles of international law and policy concerning expropriation are gradually evolving through diplomatic negotiations, international and domestic courts and tribunals, resolutions …


Telecommunications, Outer Space, And The New International Information Order (Niio), Carl Q. Christol Jan 1981

Telecommunications, Outer Space, And The New International Information Order (Niio), Carl Q. Christol

Syracuse Journal of International Law and Commerce

In determining the distribution of the invisible resources of the space environment; e.g. radio frequencies and geostationary orbital positions; through such international institutions as the UN, ITU, and UNESCO; much deference will be accorded to the prerogative of national choice. Such choice must, of necessity, be conditioned by suitable concerns for the well-being of the entire world community.