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Articles 1 - 14 of 14
Full-Text Articles in Law
Preface: Symposium On Trade And Foreign Investment In Eastern Europe And The Soviet Union, David F. Matlin, James A. Yokely
Preface: Symposium On Trade And Foreign Investment In Eastern Europe And The Soviet Union, David F. Matlin, James A. Yokely
Vanderbilt Journal of Transnational Law
The Vanderbilt Journal of Transnational Law held a Symposium on Trade and Foreign Investment in Eastern Europe and the Soviet Union on March 14 and 15, 1991. The Symposium consisted of a morning and an afternoon seminar held on March 15 at the Vanderbilt University School of Law and an inaugural dinner and address the previous evening. Our goal was to bring together and promote discussion among the leading authorities in this area from academia, private legal practice, business, "and government. The results of this Symposium have culminated in the publication of this special issue, which contains Articles, Essays, edited …
A Changing Europe, Joe M. Rodgers, Ambassador
A Changing Europe, Joe M. Rodgers, Ambassador
Vanderbilt Journal of Transnational Law
Those of you who have been here all day have heard some people that really understand what is going on in Eastern Europe, people from those countries, and experts in those subjects. I am going to take a little different approach. I am going to talk about Europe, and why I think it is at the real leading edge of global change today as we know our economic and political systems. There are four things happening in Europe today, any one of which would have an impact, or will have an impact, on the future as you young people know …
After The Gulf War: Prosecuting Iraqi Crimes Under The Rule Of Law, Louis R. Beres
After The Gulf War: Prosecuting Iraqi Crimes Under The Rule Of Law, Louis R. Beres
Vanderbilt Journal of Transnational Law
In this Article, Professor Beres proposes that Iraqi crimes committed during the Gulf War should be prosecuted under international law. He suggests that the United States should take the lead in this prosecution, utilizing a Nuremberg-style trial.
The Article first discusses history of the antigenocide regime in the international arena. The criminalization of genocide has been built upon the norms of international custom, natural law principles, and generally-accepted principles of law recognized by civilized nations. Moreover, evidence of this regime may be found in the Genocide Convention, the United Nations Charter, and other treaties and conventions.
Professor Beres next examines …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
The Detention and Torture of a United States Citizen by Foreign Government During the Course of his job, Recruited and Hired in the United States to serve as a foreign government employee, constitutes action based upon commercial activity carried on in the United States by a foreign state for which the foreign government is not immune under the Foreign Sovereign Immunity Act, Nelson v. Saudi Arabia, 923 F.2d 1528 (11th Cir. 1991).
Introduction of Negotiable Promissory Notes into the United States by Foreign States for Purposes of Raising Capital constitutes commercial activity having substantial contact with the United States barring …
International Transactions And Claims Involving Government Parties: Case Law Of The Iran-United States Claims Tribunal, Richard M. Mosk Reviewer, Nils Mangard Reviewer, Koorosh H. Ameli Reviewer
International Transactions And Claims Involving Government Parties: Case Law Of The Iran-United States Claims Tribunal, Richard M. Mosk Reviewer, Nils Mangard Reviewer, Koorosh H. Ameli Reviewer
Vanderbilt Journal of Transnational Law
International Transactions and Claims Involving Government Parties: Case Law of the Iran-United States Claims Tribunal
By John A. Westberg
International Law Institute
Washington, D.C.: 1991. Pp. 412. $125.
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Richard M. Mosk - reviewer
Nils Mangard - reviewer
Koorosh H. Ameli - reviewer
Human Rights In The World Court, Stephen M. Schwebel
Human Rights In The World Court, Stephen M. Schwebel
Vanderbilt Journal of Transnational Law
In this Article, Judge Schwebel reviews the cases of the International Court of Justice and its predecessor, the Permanent Court of International Justice, that have substantial human rights implications. He observes that, while the World Court is not a human rights court in the contemporary sense of that term, since standing in contentious cases is limited to States, it nevertheless has constructively dealt with a number of important issues of human rights, as in its early holding that individuals may be the direct beneficiaries of treaty rights.
The Court has played a notable role in promoting the protection of human …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Taxation in the People's Republic of China
By Jinyan Li
New York, New York: Praeger Publishers, 1991. Pp. 208. $49.95.
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Liberating the Law: Creating Popular Justice in Mozambique
By Albie Sachs and Gita Honwana Welch
Atlantic Highlands, New Jersey: Zed Books, 1990. Pp. 132. $55.00.
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International Fugitives: A New Role for the International Court of Justice
By Barbara M. Yarnold
New York, New York: Praeger Publishers, 1991. Pp. 168. $37.95.
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Effective Lobbying in the European Community
By James N. Gardner
Boston, Massachusetts: Kluwer Law and Taxation Publishers,1991. Pp. xix, 162. $45.00.
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European Human Rights Law
By …
A Threshold Test For Validity: The Supreme Court Narrows The Act Of State Doctrine, Steven R. Swanson
A Threshold Test For Validity: The Supreme Court Narrows The Act Of State Doctrine, Steven R. Swanson
Vanderbilt Journal of Transnational Law
This Article analyzes the Supreme Court's recent decisions involving the act of state doctrine. This doctrine, which is based upon notions of international comity, prevents the courts of one state from adjudicating the acts of a foreign state that occur within the foreign state's territory. This respect for foreign tribunals reduces friction between states and promotes more cooperative interaction in the international arena.
The Article first defines comity and explains its importance in international litigation. Professor Swanson then outlines the diminishing role of comity as a basis for the act of state doctrine. In early opinions, United States courts refused …
Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller
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 …
Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny
Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny
Vanderbilt Journal of Transnational Law
This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
MEDICAL MALPRACTICE ABROAD BY UNITED STATES PHYSICIAN IN CONNECTION WITH DEPARTMENT OF STATE REGULATIONS GOVERNING TORT CLAIMS PROVIDED FOR AN INVESTIGATIVE PROCEDURE FOLLOWED BY AGENCY DECISION--AGENCY FOR INTERNATIONAL DEVELOPMENT HOLDS NO CONSTITUTIONAL OBLIGATIONS TO EVALUATE MEDICAL MALPRACTICE CLAIM ON THE MERITS AND IN ACCORD WITH MINIMAL DUE PROCESS. Tarpeh-Doe v. United States, 904 F.2d719 (D.C. Cir. 1990).
THE FOREIGN CORRUPT PRACTICES ACT DOES NOT CREATE AN IMPLIED PRIVATE RIGHT OF ACTION THAT KENTUCKY TOBACCO GROWERS COULD USE TO RECOVER DAMAGES FROM COMPANIES THAT ALLEGEDLY ENGAGED IN CORRUPT PRACTICES TO THE DETRIMENT OF GROWERS. THE ACT OF STATE DOCTRINE, HOWEVER, DOES …
Retroactivity And Reliance Rights Under Article 18 Of The Berne Copyright Convention, Katherine S. Deters
Retroactivity And Reliance Rights Under Article 18 Of The Berne Copyright Convention, Katherine S. Deters
Vanderbilt Journal of Transnational Law
This Note addresses the principle of retroactive copyright protection as it applies to new adherents to the Berne Convention for the Protection of Literary and Artistic Works (the Convention). The Note first examines the primary purposes of retroactivity as evidenced by the Convention's history and subsequent revisions. Next, the Note analyzes the language of the retroactivity principle as it appears in the most recent version of the Convention. The Note then discusses problems that may result from the United States recent adherence to the Convention. The author concludes that the current domestic copyright law of the United States violates international …
Exporting Cigarettes: Do Profits Trump Ethics And International Law?, Robbie D. Schwartz
Exporting Cigarettes: Do Profits Trump Ethics And International Law?, Robbie D. Schwartz
Vanderbilt Journal of Transnational Law
In recent years, United States cigarette manufacturers have focused their efforts on foreign markets, especially Asia, Eastern Europe, and Third World states. This Note examines the impetus behind the manufacturers' strategy, as well as the ethical and legal conflicts it creates.
The increase in United States cigarette exports results from a decline in the United States market, favorable market conditions abroad, and United States legislation that encourages foreign trade. While cigarette manufacturers point to the positive impact tobacco has on the United States economy, others argue that increased exportation inevitably will result in catastrophic health consequences worldwide. This Note explores …
Immunity Of International Organizations In United States Courts: Absolute Or Restrictive?, Richard J. Oparil
Immunity Of International Organizations In United States Courts: Absolute Or Restrictive?, Richard J. Oparil
Vanderbilt Journal of Transnational Law
Since 1945, international and intergovernmental organizations have been entitled to immunity under the International Organizations Immunities Act (IOIA) akin to that enjoyed by foreign governments, which was absolute at that time. In 1976, however, passage of the Foreign Sovereign Immunities Act (FSIA) significantly restricted the nature of foreign governments' immunity. This Article addresses the issue of whether the FSIA also restricted the immunity enjoyed by international organizations. The first two sections describe the IOLA and the FSIA. The third section discusses a number of cases involving international organizations and the ways courts have been able to avoid the issue of …