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Articles 1 - 25 of 25
Full-Text Articles in Law
The Choice Between Direct Discovery And Other Means Of Obtaining Evidence Abroad: The Impact Of The Hague Evidence Convention, Bernard H. Oxman
The Choice Between Direct Discovery And Other Means Of Obtaining Evidence Abroad: The Impact Of The Hague Evidence Convention, Bernard H. Oxman
University of Miami Law Review
No abstract provided.
The Role Of United Nations General Assembly Resolutions In Determining Principles Of International Law In United States Courts, Gregory J. Kerwin
The Role Of United Nations General Assembly Resolutions In Determining Principles Of International Law In United States Courts, Gregory J. Kerwin
Duke Law Journal
No abstract provided.
International Law And The Control Of Terrorism, L. C. Green
International Law And The Control Of Terrorism, L. C. Green
Dalhousie Law Journal
Any discussion of terrorism whether it affects the inlterests of a single country or those of more than one immediately involves problems of definition. According to the Oxford English Dictionary, for example, terrorism is defined as "1. Government by intimidation as directed and carried out by the party in power in France during the Revolution of 1789-1794; the system of the 'Terror'; 2. A policy intended to strike with terror those against whom it is adopted; the employment of methods of intimidation; the fact of terrorizing or condition of being terrorized." The English statute passed in connection with the 'troubles' …
Recent Development In Insider Trading Through Swiss Bank Accounts: An End To The "Double Standard", Jonathan Levin
Recent Development In Insider Trading Through Swiss Bank Accounts: An End To The "Double Standard", Jonathan Levin
Northwestern Journal of International Law & Business
In recent years, the Securities and Exchange Commission (SEC) has increased its efforts to combat insider trading in publicly-traded securities in order to ensure fairness, honesty, and confidence in the United States securities markets. Nevertheless, insiders continue to employ Swiss banks as a conduit for their trading activie with little fear of detection.
Transit Problems Of Three Asian Land-Locked Countries: Afghanistan, Nepal And Laos, Martin Ira Glassner
Transit Problems Of Three Asian Land-Locked Countries: Afghanistan, Nepal And Laos, Martin Ira Glassner
Maryland Series in Contemporary Asian Studies
No abstract provided.
Some Reflections On The Contribution Of The International Court Of Justice To The Development Of International Law, Manfred Lachs
Some Reflections On The Contribution Of The International Court Of Justice To The Development Of International Law, Manfred Lachs
Syracuse Journal of International Law and Commerce
This article focuses on the ways in which the International Court of Justice influences international law.
International Control Of Illicit Movement Of The Cultural Heritage: The 1970 Unesco Convention And Some Possible Alternatives, Lyndel V. Prott
International Control Of Illicit Movement Of The Cultural Heritage: The 1970 Unesco Convention And Some Possible Alternatives, Lyndel V. Prott
Syracuse Journal of International Law and Commerce
The author argues that it is necessary to use international law to prevent the illicit transfer of the cultural heritage of the nations of the world; utilizing the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; as well as other measures to accomplish this.
Book Reviews, David M. Helfeld, Robert N. Covington, Howard J. Taubenfeld
Book Reviews, David M. Helfeld, Robert N. Covington, Howard J. Taubenfeld
Vanderbilt Journal of Transnational Law
U.S. Multinationals and Worker Participation in Management: The American Experience in the European Community By Ton DeVos Westport, Conn.: Quorum Books, 1981. Pp. 229.
Reviewed by David M. Helfeld
Cooperation between Management and Labor By Walter Kolvenbach Deventer, The Netherlands: Kluwer Law and Taxation Publishers, 1982. Pp. 89. Dfl. 65.00, $26.00.
Reviewed by Robert N. Covington
Utilization of Outer Space and International Law By Gijs Bertha C.M. Reijnen. Amsterdam, Oxford, New York: Elsevier,1981. Pp. 179. $65.30.
Reviewed by Howard J. Taubenfeld
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Casebook on Carriage by Sea.
By E.R. Hardy Ivamy
London: Lloyd's of London Press, 1982. Pp. xxxix, 203. £11.50.
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Casebook on Shipping Law
By E.R. Hardy Ivamy
London: Lloyd's of London Press, 1982. Pp. xxx, 205. £11.50.
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Regional Development Agencies in Europe
Edited by Douglas Yuill
Hampshire, England: Gower, 1982. Pp. vii, 449.$44.50.
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United States Trade Policy Legislation: A Canadian View
By Rodney de C. Grey
Montreal: The Institute for Research on Public Policy, 1982. Pp. xvii, 130. $7.95.
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Transfer of Technology: U.S. Multinationals and Eastern Europe
By Marilyn L. Liebrenz
New York: Praeger Publishers, 1982. …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
CIVIL JUDGMENT RECOGNITION AND THE INTEGRATION OF MULTIPLE STATE ASSOCIATIONS: CENTRAL AMERICA, THE UNITED STATES OF AMERICA, AND THE EUROPEAN ECONOMIC COMMUNITY
By Robert C. Casad
Lawrence: The Regents Press of Kansas, 1981. Pp. 258.$25.00.
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COMPARATIVE LAW YEARBOOK
VOL. 4, 1980
Edited by Dennis Campbell
The Hague/Boston/London: Martinus Nijhoff Publishers, 1981. Pp. 371.
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CONSTITUTION-MAKING: PRINCIPLES, PROCESS, PRACTICE
By Edward McWhinney
Toronto: University of Toronto Press, 1981.Pp. 231. $20.00.
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THE ENVIRONMENTAL LAW OF THE SEA
Edited by Douglas M.Johnston
Gland, Switzerland: International Union for Conservation of Nature and Natural Resources, 1981. Pp. 419.
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INTERNATIONAL BUSINESS: ENVIRONMENTS AND …
Chemical And Biological Warfare: Focus On Asia, Lee D. Klein
Chemical And Biological Warfare: Focus On Asia, Lee D. Klein
Vanderbilt Journal of Transnational Law
This Note concludes that (1) the Geneva Protocol of 1925 and the Biological Weapons Convention of 1972 provide conventional restraints upon the use of lethal or seriously injurious CBWs; (2) modern treaties, customs, judicial decisions, and writings form a public international law norm that imposes a legal restraint limiting the use of lethal or seriously injurious CBWs and binding all states regardless of their acceptance of conventional prohibitions; and (3) the law of war today is characterized more accurately as the "law of armed conflict," because it must of necessity apply to conflicts that are not purely interstate. Before discussing …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Between Peace and War: The Nature of International Crisis By Richard Ned Lebow Baltimore and London: The Johns Hopkins University Press, 1981. Pp. xi, 350.
Anatomy of International Law: A Study of the Role of International Law in the Contemporary World By J.G. Merrils 2d ed. London: Sweet & Maxwell, 1981. Pp. xv, 146.$27.00.
Law and Inflation By Keith S. Rosenn Philadelphia: University of Pennsylvania Press, 1982. Pp. xxxix, 451.
Australian Courts of Law By James Crawford Melbourne: Oxford University Press, 1982. Pp. xv, 297
German Private and Commercial Law: An Introduction By Norbert Horn, Hein Kitz, and Hans G. …
Book Review: The New Nationalism And The Use Of Common Spaces: Issues In Marine Pollution And The Exploitation Of Antartica
Northwestern Journal of International Law & Business
As attention focuses upon the Antartic continent and other common international spaces as possible targets for development, decisionmakers mut be sensitive to the myriad, complex problems involved with such development. The development of Antartica, the subject of this study, must be attempted only after careful though and must progress incrementally. Two tensions, however, operate to distract us from studied development. They are resource scarcity and growing nationalism.
Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens
Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens
Northwestern Journal of International Law & Business
Current economic conditions have led many United States companies to search for ways of regaining competitive positions in international markets. Japan's enviable succes in international trade suggests several possible remedies, one of which is development of more harmonious labor-management relations. Some commentators have opposed the application of these cooperative labor practices in the United States, claiming that cultural differences are insurmountable. Japanese-style labor relations, however, have been implemented in the United States, either by conscious imitation, or though similar, domestically developed systems termed quality of worklife and participative management programs. Speculations about and experiments with Japanese labor relations have become …
A New Classification Of Law For A Foreign, Comparative, And International Research Law Library, Jan Stepan
A New Classification Of Law For A Foreign, Comparative, And International Research Law Library, Jan Stepan
Vanderbilt Journal of Transnational Law
The Swiss Institute of Comparative Law seated at Lausanne was established by the federal statute of October 6, 1978. The Institute is envisioned as a center for the "documentation of and research into comparative, foreign, and international law." According to the statute and the implementing decree of December 19, 1979, the Institute serves the following purposes:
(1) to supply federal agencies and the federal administration with material and studies that may be needed for decisions concerning legislation and international treaties; (2) to contribute towards international efforts at the harmonization and unification of law; (3) to provide information and expert opinions …
United States Research Of The Law Of The Communist-Ruled States Of Europe, Ivan Sipkov
United States Research Of The Law Of The Communist-Ruled States Of Europe, Ivan Sipkov
Vanderbilt Journal of Transnational Law
The legal system of the Soviet Union, developed after the 1917 October Revolution, was introduced, with some variations, in several European, Asian, and Latin American states during the last years of World War II. These states have been characterized, both officially and unofficially, as "Soviet-type republics," "People's republics," "Socialist republics," and "Communist states." Their legal systems, although patterned after the Soviet Union legal system, developed in different directions. Today, the various legal systems of these republics are clearly distinguishable; however, one common feature is present: the states are ruled by one Communist party to the exclusion of other parties.
The Frolova Case: A Practitioner's View, Anthony D'Amato
The Frolova Case: A Practitioner's View, Anthony D'Amato
Faculty Working Papers
The Frolova case may provide a substantial basis for continuing a trend away from the unfortunate decision in Banco Nacional de Cuba v. Sabbatino which may some day be viewed as the Alast gasp@ of the act of state doctrine as an impediment to the realization of the international rule of law.
Book Reviews, Stephan L. Honore, Dennis W. Arrow
Book Reviews, Stephan L. Honore, Dennis W. Arrow
Vanderbilt Journal of Transnational Law
Book Reviews
INTERNATIONAL ASPECTS OF CRIMINAL LAW: ENFORCING UNITED STATES LAW IN THE WORLD COMMUNITY
Edited by Richard B. Lillich
Charlottesville, Virginia: Michie, 1981. Pp. ix, 245.
Reviewed by Stephan L. Honorg
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SHIPBROKING AND CHARTERING PRACTICE
By Lars Gorton, RolfIhre, and Arne Sandevarn
London: Lloyd's of London Press,1980. Pp. xiii, 204 (authorized adapted translation of the Swedish edition of Befraktning)
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Time CHARTERS
By Michael Wilford, Terence Coghlin, and Nicholas Healy, Jr
London: Lloyd's of London Press, 1978. Pp.1vii, 319, £28.
Reviewed by Dennis W. Arrow
Mca, Inc. V. United States: Judicial Recognition Of The Separate Interests Theory, Daniel N. Zucker
Mca, Inc. V. United States: Judicial Recognition Of The Separate Interests Theory, Daniel N. Zucker
Northwestern Journal of International Law & Business
For United States federal tax purposes, the classificaiton of an entity as a partnership or a corporation has significant ramifications, particularly with respect to entities in foreign countries. Classification is especially important to the owners - whether shareholders or partners - of the entity because the question of whether they are taxed on their share of the profits or only upon repartriation will often depend on how the entity, set up under foreign law, is recognized by the Internal Revenue Service (Service). While entity classification in the domestic area has always been vulnerable to challenge, foreign entities face an additional …
Perspectives On Foreign Banking In The United States, Henry C. Wallich
Perspectives On Foreign Banking In The United States, Henry C. Wallich
Northwestern Journal of International Law & Business
Foreign banking has had a great expansion in the United States. This evolution has been accompanied by a variety of questions and concerns on the part of the public, American legislators and regulators, and American bankers. Many of these concrns have been allayed by the passage of the International Banking Act. Some nevertheless remain. To evalute them, I will begin by setting forth the benefits that foreign banks have brought to the United States. Then I will take a look at the principles that have guided and, I believe, should continue to guide United States' policy in this regard.
A Comparison Of Compensation For Nationalization Of Alien Property With Standards Of Compensation Under United States Domestic Law, Haliburton Fales
A Comparison Of Compensation For Nationalization Of Alien Property With Standards Of Compensation Under United States Domestic Law, Haliburton Fales
Northwestern Journal of International Law & Business
This Article will attempt to show that, despite much scholarly disparagement of the traditional "prompt, adequate and effective" standard of compensation for expropriation, when put to the test of deciding actual cases through arbitration, international law produces results not dissimilar from what might be expected under the standard. The Article compares the law of damages in international arbitration with United States domestic law and points out their similarities.
Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing
Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing
Vanderbilt Journal of Transnational Law
THE FAMILY IN INTERNATIONAL LAW: SOME EMERGING PROBLEMS
Edited by R. Lillich
Charlottesville: Michie, 1981. Pp. xii, 164
Reviewed by Stephen C. Hicks
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TREATIES OF THE PEOPLE'S REPUBLIC OF CHINA, 1949-1978: AN ANNOTATED COMPILATION
By Grant F. Rhode and Reid E. Whitlock
Boulder, Colorado: Westview Press, 1980. Pp. ix, 207. $25.00.
Reviewed by David A. Elder
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STATE AND DIPLOMATIC IMMUNITY
By Charles Lewis London:
Lloyd's Press of London, Ltd., 1980. Pp. xv, 135. 16f.
Reviewed by Edward A. Laing
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger
Northwestern Journal of International Law & Business
The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.
Book Review: The Law And Organisation Of International Commodity Agreements By Kabir-Ur-Rahman Khan
Book Review: The Law And Organisation Of International Commodity Agreements By Kabir-Ur-Rahman Khan
Northwestern Journal of International Law & Business
One wonders why a book that addresses a seemingly dead subject would be published now. Thus, the appearance on my desk of Kabir-ur-Rahman Kahn's book came as something of a surprise, particularly since I believed that I was the only other person in the history of humanity to devote book-length energy to the general subject of law and policy in intergovernmental primary commodity agreements. I was delighted, to say the least, to see that interest in the subject of primary commodity organizations had not faded away with the expansive dreams of the Common Fund. On the contrary, this new work …
Investing In Nigeria - The Law, Good Intentions, Illusion And Substance, Richard J. Faletti
Investing In Nigeria - The Law, Good Intentions, Illusion And Substance, Richard J. Faletti
Northwestern Journal of International Law & Business
The Journal has expressed concern whether the New Year's Eve coup d'etat in Nigeria may not have made obsolete the contents of this article. The mechanical workings of government in Nigeria are handled by a massive civil service bureaucracy. A new government will replace ministers and possibly permanent secretaries, but it will go no further. Many of the procedures, regulations and laws discussed within were put in place by the previous military government prior to 1979, were continued by the elected government, and will not be terminated by the new military government. I am convinced that bureaucratic life will go …