Law Commons^™

The Exuberant Pathway To Quixiotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau

Journal Articles

The writing on international commercial arbitration often is replete with statements affirming the necessity and advocating the progression of the institution. Indeed, the transnational consensus on commercial arbitration is exceptional - a rare example of viable cohesion in the fragmented arena of international affairs. The unifying spirit of the 1958 New York Arbitration Convention, the uniformity of approach among national courts to the implementation of the Convention, and national legislation supportive of the emerging international consensus on arbitration attest to a willingness to eradicate parochial concerns, to respond to felt needs, and to achieve functional international cooperation.

The United States …

Preemption In The Fisheries And The United Nations' Law Of The Sea Treaty, Leslie M. Macrae

Penn State International Law Review

This article will examine the potential serious impact on traditional patterns of fishery management in the United States if the Law of the Sea Treaty is eventually signed. Preemption, a process by which the federal government takes over fishery management within the coastal states' territorial waters, may be facilitated, and in some cases required, if the Treaty is adopted.

Nationhood, International Obligation And Federal Structure: An Historical Overview Of The Australian Experience, David D. Knoll

Penn State International Law Review

This article focuses on the interrelationship between the Commonwealth Government of Australia and the Australian state governments with regard to external affairs.

Volume 4 - Number 2: Table Of Contents

Penn State International Law Review

No abstract provided.

The Application In United States Courts Of The Public Policy Provision Of The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Hakan Berglin

Penn State International Law Review

The purpose of this article is to analyze the some of the cases decided to date about the interpretation of the public policy defense under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and, in particular, to emphasize the possible confinement of these cases to their facts. As will be seen, this will lead to the conclusion that while the courts have undoubtedly indicated a narrow construction of the public policy defense, the facts of the cases have hardly presented a real test of how far the courts are prepared to go in enforcing foreign arbitral awards …

Simultaneous Rediffusion By Cable Television Operators In Canada And The Problems Of Nonpayment Of Copyright Royalties, Larry Seidenberg

Penn State International Law Review

This Article surveys a controversial issue involving both Canadian and United States copyright interest groups. Simultaneous rediffusion involves the unauthorized reception and retransmission or rediffusion of copyrighted United States broadcast programming by foreign cable television systems. The issue has important ramifications for a future revision of the copyright by the Canadian Parliament as indicated in the Revision of Copyright Subcommittee Report of October 1985 and is useful to an examination of United States copyright principles and the international role of the United States in copyright.

This author's conclusion is that compulsory license for simultaneous rediffusion of broadcast signals is a …

Keeping "The Wild" Out Of "The Wild Blue Yonder": Preventing Terrorist Attacks Against International Flights In Civil Aviation, David L. Glassman

Penn State International Law Review

This comment begins by discussing the ineffectiveness of ex post facto measures in controlling terrorism. It then describes the preventive - or "pre-attack" - measures which nations and their air carriers should take in order to secure aircraft prior to departure. In this respect, the annexes amending the Convention on International Civil Aviation will be emphasized insofar as they relate to aviation security precautions. Finally, the comment focuses upon the methods by which states can enforce the provisions of the annexes against one another.

Treasury Secretary James Baker's "Program For Sustained Growth" For The International Debt Crisis: Three Steps Toward Global Financial Security, Nancy A. Aliquo

Penn State International Law Review

This comment will offer a brief overview of the factors leading up to the present international debt crisis. The second and third prongs of Secretary Baker's Program for Sustained Growth will then be analyzed with particular emphasis on the roles Secretary Baker recommends that the IMF, the World Bank, and multinational commercial lending institutions play in resolving the LDC crisis. Last, actions that must be taken by the LDCs as well as LDC demands for trade liberalization will be discussed, along with the effects such trade liberalization would have on the LDC debt situation.

An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa

Penn State International Law Review

This article will review specific provisions of the Draft Convention Against Torture. Those sections that resolve the conflicting interests at the heart of the non-interference and declaration of competence principles will be highlighted. Those provisions in which the drafters were unable to reach an effective compromise will also be analyzed. The article will focus in one section upon the current Watson/D'Amato debate regarding the existence or non-existence of world-wide enforcement power. Finally, the article will propose further methods through which nations can enforce and promote human rights throughout the world.

Matsushita V. Zenith: Sovereign Compulsion And Conspiracy Go Out Before The Trial Goes On, Michael K. Sweig

Penn State International Law Review

This Article suggests that the Foreign Sovereign Immunities Act and its commercial activities exception adequately answer questions that pre-FSIA courts had used the sovereign compulsion doctrine to solve. Recent Supreme Court case law indicates that application of the sovereign compulsion defense in foreign antitrust litigation requires the precise analysis required and already provided for by the commercial activities exception to FSIA.

Gatt And The Vra: Japanese Automobile Imports And Trade Protectionism, Gregory S. Kurey

Penn State International Law Review

This Comment discusses the international trade implications of the VRA on Japanese-American automobile trade and the utilization of GATT as a legal instrument for addressing the problem at hand. The comment begins with a basic overview of the development of the import problem and the current status of the VRA. The Comment will then discuss the traditional applications of the Article XIX escape clause provision of GATT, its shortcomings, and potential changes that would increase GATT's effectiveness in dealing with the Japanese import problem and escape clause actions. While other legal commentators have addressed these same issues, changes in the …

Feast Or Famine: Do Ethiopians Have A Choice?, Janice J. Bole

Penn State International Law Review

This Comment will discuss whether an international human right to food can exist and, if so, whether Ethiopians have a right to be fed by their government given the circumstances of the current famine. An overview of Ethiopia's political and social environment will be followed by an examination of international human rights law as it is reflected in treaties, international agreements, and the customs and practices of states.

Volume 5 - Number 1: Table Of Contents

Penn State International Law Review

No abstract provided.

The Gatt Dispute Settlement Procedure In The 1980s: Where Do We Go From Here?, Patricia Kalla

Penn State International Law Review

This Comment will examine the GATT dispute settlement procedure in relation to its operative context. Emphasis is on determining the true origin of the dispute settlement system's inefficacy. An overview of historical developments will be followed by an explanation of the dispute settlement law and procedure. Noncompliance with GATT rules and remedial efforts to correct that noncompliance will be examined at some length. Finally, the necessity for future reform of the dispute settlement procedure will be discussed.