Law Commons^™

Independence And Liability In Civil Aviation Accident Investigations Through Annex 13 And The Montreal Convention, Joshua C. Moscow

Vanderbilt Journal of Transnational Law

International law governs the investigation of civil aviation accidents through the Chicago Convention and the International Civil Aviation Organization. Their standards, outlined primarily in Annex 13 to the Chicago Convention, require accident investigations to be conducted in an independent and impartial manner. Notwithstanding this requirement, a state with a nationalized airline may lead an Annex 13 investigation into an accident involving (essentially) itself. The conflict that arises when this occurs challenges Annex 13 independence-a challenge that may be difficult to avoid given the prevalence of nationalized airlines. While Annex 13 independence is threatened when a state assumes the role of …

Hate Speech And Persecution: A Contextual Approach, Gregory S. Gordon

Vanderbilt Journal of Transnational Law

Scholarly work on atrocity-speech law has focused almost exclusively on incitement to genocide. But case law has established liability for a different speech offense: persecution as a crime against humanity (CAH). The lack of scholarship regarding this crime is puzzling given a split between the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia on the issue of whether hate speech alone can serve as an actus reus for CAH-persecution. This Article fills the gap in the literature by analyzing the split between the two tribunals and concluding that hate speech alone may be the …

Avoid Or Compensate? Liability For Incidental Injury To Civilians Inflicted During Armed Conflict, Yael Ronen

Vanderbilt Journal of Transnational Law

Under international law, civilians suffering injuries that are incidental to a lawful attack on a military objective are left to bear the cost of their losses. In recent years there have been calls for a change in policy that would entitle victims of military attacks to compensation, even if their losses are incidental and non-fault-based. This Article explores the notion of such a quasi-strict liability rule, which is likely to disrupt the existing balance of powers and interests under the laws of armed conflict. Following an exploration of the conceptual basis for such an obligation, the Article examines the effect …

Oil Pollution Liability And Control Under International Maritime Law, Michael A. De Gennaro

Vanderbilt Journal of Transnational Law

Oil spills on the world's oceans and waterways are a significant environmental threats. This Note explores some of the myriad reasons why the law--in both the United States and the international community--has failed adequately to address many of the reasons spills occur in the first instance.

Beginning with a brief history of various pollution control schemes enacted over the past few years, this Note focuses on why the current international legal regimes remain ineffective in combating oil pollution. In essence, this Note argues that the current laws fail because of textual deficiencies, a failure to address the external economic realities …

Transmissions Of Music On The Internet, Daniel J. Gervais

Vanderbilt Journal of Transnational Law

This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the relevant …

Offshore And "Other" Shore Asset Protection Trusts, Eric Henzy

Vanderbilt Journal of Transnational Law

The Portnoy, Brooks, and Lawrence cases demonstrate that under the right facts and circumstances, courts can and will enter orders finding spendthrift provisions of asset protection trusts invalid. These cases and this Article discuss a path that a bankruptcy court may follow to find that property transferred to an asset protection trust is property of a bankruptcy estate. Such a finding may lead to effective remedies for creditors, such as denial of a discharge to a debtor, orders compelling a debtor to direct a trust trustee to transfer assets, with contempt orders if the debtor fails to comply, and, possibly, …

Building On Macnamara V. Korean Air Lines, Steven M. Tapper

Vanderbilt Journal of Transnational Law

This Note explores the possibility of applying Title VII's disparate impact liability theory against foreign companies operating under Treaties of Friendship, Commerce, and Navigation (FCN Treaties). The author questions the reasoning of MacNamara v. Korean Air Lines, which applied disparate treatment, but not disparate impact, against a Korean company operating under an FCN Treaty. According to MacNamara, if courts permit plaintiffs in Title VII-FCN Treaty cases to utilize the disparate impact theory and cite statistical disparities in the racial composition of the work force as evidence of discrimination, employers could be held liable merely for exercising their FCN Treaty rights. …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. These cases are grouped in topical categories and references are given for further research.

TABLE OF CONTENTS

I. ALIENS: CITIZENSHIP AND NATURALIZATION ......... 857

II. TAXATION AND FOREIGN COMMERCE .................. 862

III. AIR CARRIER LIABILITY--WARSAW CONVENTION ........ 865

Book Review, Richard Gruner

Vanderbilt Journal of Transnational Law

Large corporations are important, yet enigmatic, participants in world commerce. International corporate behavior is morally and legally significant because of its immense scope and societal impact. That behavior, however, is often so complex as to defy characterization under the simple moral or legal standards applicable to individuals. Furthermore, the ability of traditional moral or legal systems to shape multinational corporate conduct is also unclear given that large corporate bureaucracies lack the motivations and fears normally used to enforce moral or legal accountability. As one frustrated court noted, the problem is that corporations have "no soul to damn, and no body …

Case Digest, Law Review Stafrf

Vanderbilt Journal of Transnational Law

Pursuant to the United States-France Estate Tax Treaty, the estate of a United States citizen who was domiciled in France is liable to the United States for taxes on real property located in France at rates effective when the citizen died provided the estate receives credit for the estate taxes paid to France

Norstar Bank of Upstate New York v. United States,644 F. Supp. 1112 (N.D.N.Y. 1986).

Political Question

Doctrine bars judicial consideration of claims that the United States mines placed in the Nicaraguan harbor of Corinto damaged a Norwegian ship. Krig-sforsikring for Skib, gjensidingforening (The Norwegian War Risk Insurance …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)

UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465

IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)

THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest--

Spouse of Injured Seaman May Recover Damages for Loss of Society under Maritime Common Law

Federal District Court Lacks Jurisdiction under 28 U.S.C. § 1350 over Fraud Action Brought by Alien when Claim Fails to Implicate a Treaty or Body of Rules Governing Relations between Foreign States

Jurisdiction under the Foreign Sovereign Immunities Act Requires at Least a Finding of International Shoe "Minimum Contacts"

Appellate Court will not Review the Post-Settlement Appeal of a Pre-Settlement Provisional Remedy without District Court Consideration of the Intervening Events

Foreign States are Subject to Liability for Non-Commercial Torts arising from the Commercial …

Recent Decisions, Jamie S. Martin, Margaret H. Fiorillo, J. Andrew Hoyal, Ii

Vanderbilt Journal of Transnational Law

CONSTITUTIONAL LAW--COMMERCE CLAUSE--STATE TAX ON INSTRUMENTALITIES OF FOREIGN COMMERCE INVALID WHEN TAX RESULTS IN MULTIPLE TAXATION AND IMPAIRS FEDERAL UNIFORMITY IN REGULATION OF FOREIGN TRADE

Jamie S. Martin

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IMMIGRATION--LAWFUL UNRELINQUISHED DOMICILE--DEPORTABLE RESIDENT ALIEN MUST ACCUMULATE SEVEN YEARS OFLAWFUL DOMICILE SUBSEQUENT TO ADMISSION FOR PERMANENT RESIDENCE TO BE ELIGIBLE FOR DISCRETIONARY RELIEF

Margaret H. Fiorillo

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LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--MANUFACTURER MAY SUE STEVEDORE FOR INDEMNIFICATION FROM LIABILITY ARISING OUT OF LONGSHOREMEN'S INJURIES--THEORY OF EQUITABLE CREDIT DOES NOT APPLY TO THE LHWCA

J. Andrew Hoyal, II

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

A Time Charterer is not Liable as Owner Pro Hac Vice for Injuries Incurred by Employees of the Vessel's Owner in the Course of their Employment

U.S. Violation of Regulation in Deportation Proceeding Renders Alien's Deportation Unlawful only if Such Violation Prejudiced the Alien's Interests Protected by the Regulation

Where Information Regarding Weight of Suitcase Checked with Airline is Undocumented, Liability Limitation of the Warsaw Convention does not Apply

Cultural Exchange Agreements involving Payment Constitute Commercial Activity and are not Immune under the Foreign Sovereign Immunities Act

Responding To Transnational Cartels: A Proposal And Its Background, Journal Editor

Vanderbilt Journal of Transnational Law

The titles in the following section address various aspects of the problems that the United States faces in attempting to impose liability for actions by international cartels in violation of United States antitrust law. Representative Albert Gore has introduced legislation in the last two sessions of congress which he feels will assist in alleviating many of these problems. Mr. Gore's current legislation, the Cartel Registration Act, is the subject of his article in which he takes a strong advocacy position on its behalf.

The Cartel Restriction Act in its present form evolved from the considerable comment, both favorable and unfavorable, …

Warsaw From The French Perspective: A Comparative Study Of Liability Limits Under The Warsaw Convention, Elizabeth G. Browning

Vanderbilt Journal of Transnational Law

The Warsaw Convention, now over 45 years old, was originally designed to aid the growth of a new, undeveloped, and somewhat perplexing commercial enterprise--the international air transportation industry. Unfortunately, the drafters of the Convention took a narrow, and perhaps ill-advised, view of regulation of liability. They limited the carriers' liability for damage to an amount that could easily have been foreseen to be unworkable and they defined the concept of fault in ambiguous terms. While this fledgling attempt to codify an area of private international law was meant to provide a uniformity of terms that would be workable in a …

Book Reviews, Richard A. Frank

Vanderbilt Journal of Transnational Law

THE INTERNATIONAL LAW OF POLLUTION

By James Barros and Douglas Johnston

New York: Free Press, 1974. Pp. xvii, 476. $12.95.

Richard A. Frank

Comments On The Bremen V. Zapata Off-Shore Co., Journal Staff

Vanderbilt Journal of Transnational Law

The Bremen v. Zapata Off-Shore Co., by bringing domestic law more into harmony with international custom and comparative practice, represents a step in the development of uniformity in transnational law. For this reason the Journal invited the following comments. Professors Charles L. Black, Jr., Robert Leflar and Harold G. Maier explore various aspects of this highly significant case.

Recent Treaties And Statutes, William H. Schwarzschild, Iii

Vanderbilt Journal of Transnational Law

Admiralty--Longshoremen's and Harbor Workers' Compensation Act Amendments of 1972--Congress Abrogates Doctrine of Seaworthiness for Longshoremen

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Space Law--Convention on Liability--Procedure Established to Enforce Liability for Damage Caused by Space Objects

Some Comments On Burdell V. Canadian Pacific Airlines, Andreas F. Lowenfeld

Vanderbilt Journal of Transnational Law

Frank Burdell was the Far Eastern representative of an American heavy-equipment company, stationed in Singapore. At the end of February 1966, Burdell traveled to Tokyo on a Singapore-Bangkok-Hong Kong-Tokyo and return ticket, purchased in Singapore from Cathay Pacific but using Canadian Pacific Airlines for the Hong Kong--Tokyo portion of the journey. Canadian Pacific's flight 402 from Hong Kong to Tokyo on March 4, 1966, arrived over Tokyo in a fog, circled for about an hour, finally came in to land, and crashed into the rear wall at the end of the runway killing its crew of ten and all but …