Law Commons^™

The Impact Of Freedom Of Information Legislation On Criminal Discovery In Comparative Common Law Perspective, Michael Taggart

Vanderbilt Journal of Transnational Law

This Article examines the effect of freedom of information legislation on criminal discovery in the United States, Canada, Australia, and New Zealand. While all of these countries share the common law tradition and have comparable freedom of information legislation, Professor Taggart notes that the impact of that legislation on the law and practice of criminal discovery varies in each country.

The United States courts generally have resisted attempts by criminal defendants to gain access to a wider range of material under the Freedom of Information Act than available by conventional discovery. So far the courts are unwilling to allow that …

International Environmental Bankruptcy: An Overview Of Environmental Bankruptcy Law, Including A State's Claims Against The Multinational Polluter, Rick M. Reznicsek

Vanderbilt Journal of Transnational Law

This Note focuses on current environmental bankruptcy law in the United States. It analyzes the claims of a state against a corporate polluter when the corporation discharges a toxic substance in violation of the state's environmental laws, refuses to clean up the waste, and then files bankruptcy in lieu of paying for the cleanup.

This Note analyzes the court decisions subsequent to the United States Supreme Court opinions in Ohio v. Kovacs and Midlantic National Bank v. New Jersey Department of Environmental Protection to evaluate the current status of United States bankruptcy law on the issues of the automatic stay; …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

United States Tax Principles Govern Determination of Accumulated Profits Under Foreign Tax Credit Section of Internal Revenue Code, United States v. Goodyear Tire & Rubber Co. 110 S. Ct. 1172 (1990).

Tax Injunction Act Bars Foreign Parent of Subsidiary Doing Business in California from Raising Foreign Commerce Objections to Tax Board's Formula Franchise Tax Board of California v. Alcan Aluminum Ltd. 110 S. Ct. 661 (1990).

Correspondence Bank Account with United States Trust Company Held Insufficient Contact with United States to Establish Subject Matter Jurisdiction under the FSIA--International Housing Ltd. v. Rafidain Bank Iraq, 893 F.2d 8(2d Cir. 1989).

Successful …

Environmental Implications Of Developing The Nonliving Resources Situated In The Exclusive Economic Zone Of The United States, John W. Kindt

Vanderbilt Journal of Transnational Law

This Essay provides an overview of some of the environmental issues arising from mineral mining in the United States exclusive economic zone (EEZ). Professor Kindt points out that the United States establishment of a 200-mile EEZ, and the concomitant interest in mining the minerals found within it, prompted concerns over the environmental consequences of mining activities. Professor Kindt summarizes the guidelines for mining of hard minerals recently promulgated by the Department of the Interior (DOI) and examines the House of Representatives counterproposal, the National Seabed Hard Minerals Act of 1989 (NSHMA 1989). He notes that a prime difference between the …

Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman

Vanderbilt Journal of Transnational Law

In this Note, the author describes the United States and international child pornography markets. The author demonstrates how the United States Congress, judiciary, and law enforcement agencies have addressed the child pornography problem at the national and international level. In addition to the United States efforts to address this problem, the Netherlands, Denmark, and Thailand--who have all exported child pornography to the United States--have taken steps to curb the flow of child pornography. National and international child pornography markets continue to flourish, however, and the author concludes that more steps to eradicate child pornography are necessary. Finally, the author describes …

Comparative Overview Of Service Of Process: United States, Japan, And Attempts At International Unity, Chin Kim, Eliseo Z. Sisneros

Vanderbilt Journal of Transnational Law

This Article examines the differing philosophical and legal requirements for service of process in the United States and Japan. Professor Kim and Mr. Sisneros compare service of process laws in the United States, where compliance with the due process clause of the United States Constitution is a fundamental requirement, with service of process laws in Japan, where service of process is an official act of the judiciary. A detailed analysis of valid service of process by a foreign state in Japan follows. The authors then discuss the effect of the Bilateral Consular Convention Between the United States and Japan and …

The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell

Vanderbilt Journal of Transnational Law

This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

In Common Law in Southern Africa, Kutner surveys the judgments that are published in South African Law Reports and the official law reports of other southern African states from 1947 to the present. English language commentaries on the cases and statutes discussed in the text are cited in the notes. A Table of Statutes, Table of Cases, Conflict of Laws Index and Torts Index also are provided.

International Banking Secrecy: Developments In Europe Prompt New Approaches, Richard J. Gagnon Jr.

Vanderbilt Journal of Transnational Law

The frequent connection between banking secrecy and various corrupt political and business practices has drawn considerable attention from non-secrecy states. In Europe, the issue presently is ripe because of the European Community's plans for a unified economy in 1992. This Note begins with a moral and historical examination of banking secrecy. Then, the author reveals the banking practices and legal structures through which banking secrecy is exploited. The author next sets forth the substantive banking secrecy laws of four European states and attempts to surmise the direction of their policies regarding banking secrecy. Next, the author describes past attempts, both …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Maritime Drug Law Enforcement Act is Applicable to Aliens on Foreign Vessels Outside the Territory of the United States--Fourth Amendment Held Inapplicable to Searches and Seizures on the High Seas, United States v. Davis, 905 F.2d 245 (9th Cir. 1990)

Executive Order Authorizing Naturalization for Aliens Serving in Designated Geographical Areas During Grenada Campaign Struck Down--President Reagan Held to Have Exceeded His Authority--Severability of Order Impossible as President Did Not Intend that All Aliens Serving in United States Forces at Time of Campaign Become Citizens--Reyes v. United States Dep't. of Immigration & Naturalization, No. 89-55403 (9th Cir. 1990).

Provision of …

The European Economic Interest Group (Eeig): A New European Business Entity, Daniel T. Murphy

Vanderbilt Journal of Transnational Law

This Article analyzes the European Communities Regulation establishing the European Economic Interest Group (EEIG), a commercial entity whose purpose is to facilitate the economic interests of its members. Dean Murphy emphasizes that the Regulation establishes the EEIG as a Community-wide legal entity but leaves regulation of many aspects of the EEIG's status and operation to the laws of the Member States. The Regulation institutionalizes and encourages cross-border business cooperation while allowing flexibility. Dean Murphy analyzes the Regulation's provisions for formation, operation, and termination of the EEIG. He concludes that the EEIG will likely prove to be a convenient and popular …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Developments in the Law of Treaties 1945-1986

By Shabtai Rosenne

New York, N.Y.: Cambridge University Press, 1989. Pp. xxv, 535. $75.00.

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Materials on International Human Rights and U.S. Criminal Law and Procedure

By Hurst Hannum

Washington, D.C.: The Procedural Aspects of International Law Institute, 1989. Pp. ii, 152. $20.00.

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A Guide to the Laws, Regulations and Policies of the People's Republic of China By James L. Kenworthy, Esq.

Buffalo, N.Y.: William S. Hein & Co., Inc., 1989. Pp. xvi, 189. $85.00.

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Refugee Law and Policy: International and U.S. Responses

Ed. by Ved P. Nanda

New York, N.Y.: …

A New Look At The European Economic Community Directive On Insider Trading, Amy E. Stutz

Vanderbilt Journal of Transnational Law

On 13 November 1989, the European Council passed a directive on the regulation of insider trading. This legislation is designed to coordinate the various laws of the European Economic Community states and to encourage investor confidence in their securities markets. In analyzing the directive, the author proposes the United States experience in the regulation of insider trading as a model for the efforts of the EEC. Considering both the strengths and weaknesses of the United States experience, the author describes the United States shift in emphasis from the regulation of individuals to the regulation of institutions. This shift reflects the …

Icarus And His Waxen Wings: Congress Attempts To Address The Challenges Of Insider Trading In A Globalized Securities Market, John T. Thomas

Vanderbilt Journal of Transnational Law

This Note addresses the globalization of the world financial securities markets and the potential for fraud in these expanded markets. The author considers actual cases of insider trading that have crossed national borders and the enforcement problems such cases raise. The author analyzes the first significant response by the United States Congress to these problems and concludes that the response is inadequate. Congress recognizes the incredible pace of evolution of the world financial markets, but is slow to address this process. The SEC offered serious proposals to Congress--proposals that apparently have bipartisan support--and Congress failed to act on these proposals …

A Capital Tax System To Preserve America's Heritage, Valerie M. Fogleman

Vanderbilt Journal of Transnational Law

This Article looks to the British national heritage capital tax system as a model to propose provisions in the United States Internal Revenue Code to aid in preserving the United States cultural and natural heritage. After an overview of the capital tax systems in Britain and the United States, Ms. Fogleman examines features of the British tax system that promote preservation of the national heritage. The British system conditionally exempts the owners of national heritage assets from estate or gift tax liability on the transfer of those assets in exchange for permitting public access to and maintaining the assets; allows …

The 'Mandatory' Nature Of The Hague Service Convention In The United States Is The Forum's Victory, Rita M. Alliss

Vanderbilt Journal of Transnational Law

This Note addresses the current United States approach to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The Note recognizes a split in United States case law concerning whether strict compliance with the Hague Service Convention is required. While some United States courts focus on the scope of the Convention and United States due process concepts to avoid strict compliance, other courts, especially state courts, require strict compliance with the Convention under the supremacy clause of the United States Constitution. The author focuses on service on foreign state corporations by substituted …

International Human Rights Law Concerning Women: Case Notes And Comments, Rebecca J. Cook

Vanderbilt Journal of Transnational Law

This Essay addresses the application of international human rights law to women. Most of the cases addressed in this Essay involve alleged discrimination based on sex or marital status. Professor Cook notes that international, regional, and national courts have applied human rights principles to ensure that women's human rights are upheld, although not always to the full extent originally envisioned under the Universal Declaration of Human Rights. To illustrate this point, Professor Cook reviews cases arising under international, regional, and specialized treaties, including the International Covenant on Civil and Political Rights, and the extent to which such discrimination interferes with …

Case Comment, Jeffry B. Gordon

Vanderbilt Journal of Transnational Law

This Case Comment discusses the ability of a United States plaintiff to serve process pursuant to the Hague Service Convention on a defendant residing in Japan. The United States Court of Appeals for the Eighth Circuit held that the Convention generally prohibits service on foreign defendants by registered mail. This Case Comment discusses the history of the case, the objectives of the Convention, the law of service of process in Japan, and United States law of service of process on foreign parties under the Federal Rules of Civil Procedure. The author then discusses United States common law interpreting article 10(a) …

Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey

Vanderbilt Journal of Transnational Law

This Article examines recent attempts to improve international standards governing the rights of indigenous peoples. In this context, Ms. Lawrey analyzes the Australian Government's 1988 commitment to negotiate a treaty with Australia's Aboriginal and Torres Strait Islander peoples.

Ms. Lawrey discusses the strained relationship between international law and indigenous peoples. At present, indigenous groups are not guaranteed special rights under international law. Furthermore, traditional individual rights are inadequate to effectively protect indigenous land rights and the right to self-determination. Ms. Lawrey identifies developments in indigenous rights since World War II, including International Labor Organization Convention Number 107 (Convention 107) and …

The Legal Implications Of The Refugee Crisis, R. K.L. Panjabi

Vanderbilt Journal of Transnational Law

CLOSING THE DOORS: THE FAILURE OF REFUGEE PROTECTION By David Matas with Ilana Simon Toronto: Summerhill Press 1989

David Matas is a Canadian lawyer who has served on a Task Force on Immigration Practices and Procedures, has participated in the Canadian Council for Refugees, and has spoken publicly on the refugee crisis. He has written a critical, provocative analysis of the response of the Western world to the refugee problem, with emphasis on the policies of the present Government of Canada. His aim is to expose the injustices of the legislative and procedural systems for refugees in Canada. He writes …

Exploring The Last Frontiers For Mineral Resources: A Comparison Of International Law Regarding The Deep Seabed, Outer Space, And Antarctica, Barbara E. Heim

Vanderbilt Journal of Transnational Law

The nations of the world have begun to tap three resource areas--the deep seabed, outer space, and Antarctica. These areas are unique insofar as no nation can claim them exclusively as its own. As a result, these three areas raise unique international questions. Not only are they largely undisturbed, but these areas are also the testing ground for recently developed international treaties that attempt to usher in a new era of international cooperation. This Note examines both the exploration and exploitation of mineral resources in the deep seabed, outer space, and Antarctica. The physical nature of each area, the resources …

The European Community's Second Banking Directive: Can Antiquated United States Legislation Keep Pace?, Christopher T. Toll

Vanderbilt Journal of Transnational Law

The European Community recently adopted the Second Banking Directive, which will lead to liberalized banking regulation throughout the Member States. Community banks will engage in a broad range of activities including commercial lending, selling securities, and issuing insurance. This broad range of activities will allow Community banks to compete more efficiently in global markets. In contrast, the strict regulatory structure of the United States includes the Glass-Steagall Act, which separates investment banking and commercial banking. This separation creates inefficiencies that reduce the competitiveness of United States banks in both international and United States markets. These inefficiencies are highlighted by the …

Covert Involvement In Essentially Internal Conflicts: United States Assistance To The Contras Under International Law, Helen Michael

Vanderbilt Journal of Transnational Law

This Article examines whether contemporary international law is equipped to address the recurrent phenomenon of covert involvement by a state in internal conflicts of another state. Ms. Michael analyzes this phenomenon in the context of United States assistance to the Contras in collective self-defense on behalf of El Salvador, and Nicaragua's concomitant support of the Salvadoran Rebels' attempts to overthrow the existing El Salvador Government. Ms. Michael summarizes the extensive history of conflict between the United States and Nicaragua culminating in the contemporary dispute existing between the Reagan Administration and the Sandinista Government. Both the Sandinistas and the Reagan Administration …

Changing Patterns Of Ownership Rights In The People's Republic Of China: A Legal And Economic Analysis In The Context Of Economic Reforms And Social Conditions, Paul Cantor, James Kraus

Vanderbilt Journal of Transnational Law

This Article analyzes the legal and economic effects of privatization and the changing patterns of ownership rights in the People's Republic of China. After an overview of Chinese concepts of property rights, the authors discuss the history of China's post-liberation nationalization process and the movement back toward privatization and decentralization. Privatization has led Chinese law toward the recognition of private rights and duties in property law matters. The authors examine China's basis for altering ownership rights and moving in the direction of a market-oriented economy. The Constitution of the People's Republic of China and Chinese statutes contain specific language delineating …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that address current transnational legal issues. The Digest includes cases that set forth new legal principles and cases that apply established legal principles to new factual situations. The cases have topical headings and references are given for further research.

EL SALVADORAN SOLDIER WHO REFUSED TO PARTICIPATE IN ASSASSINATION SCHEME GRANTED POLITICAL ASYLUM IN THE UNITED STATES BECAUSE HE DEMONSTRATED "WELL-FOUNDED FEAR" OF PERSECUTION IN EL SALVADOR, Barraza Rivera v. Immigration & Naturalization Service, 913 F.2d 1443 (9th Cir. 1990).

THIRD CIRCUIT HOLDS THAT THE EQUAL ACCESS TO JUSTICE ACT DOES NOT APPLY …