Comparative and Foreign Law Commons^™

Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe

Vanderbilt Journal of Transnational Law

On June 19, 2000, in Crosby v. National Foreign Trade Council--a much-anticipated decision involving the intersection of federalism and foreign relations--the U.S. Supreme Court struck down a Massachusetts law restricting state purchases from companies doing business in Burma. Crosby represents the Court's first consideration not only of local selective purchasing laws but, more importantly, its first consideration of the sort of subnational sanctions first developed by state and local governments during the anti-apartheid campaign of the 1980's. Thus, Crosby may pose an obstacle to human rights activism by local governments using economic sanctions to punish perceived human-rights offenders.

Because the …

The 1977 Soviet Constitution: A Historical Comparison, Igor L. Kavass, Gary I. Christian

Vanderbilt Journal of Transnational Law

Throughout the Soviet Union's history, its four constitutions have been a reflection of the political climate of the particular period. The documents thus viewed provide a historical and political benchmark against which life and thought in the U.S.S.R. may be fairly accurately gauged. When Brezhnev addressed the USSR Supreme Soviet on October 4, 1977, to recommend the inevitable adoption of the 1977 Constitution, he again stressed the historical perspective in which the document must be viewed. He stated: "We will adopt the new Constitution on the eve of the 60th anniversary of the Great October Socialist Revolution. This is not …

Presidential Discretion In Foreign Affairs, Glen E. Thurow

Vanderbilt Journal of Transnational Law

Madison's argument, which attempts to state that the powers in foreign relations can be separated on principle, is in contrast to the arguments of Locke and Montesquieu that we have sketched as well as to the thrust of the Federalist. Our brief discussion of it does not do it justice, but is justified by the failure of the legislation under consideration to move in Madison's direction. The current legislation does not attempt to specify certain powers belonging to Congress as legislative in their nature, and others to the President as executive, but to limit discretion and share the remaining discretion …

Peking And The Mysterious West, Howard L. Boorman

Vanderbilt Journal of Transnational Law

The task of keeping the Western world, or at least the United States, convinced that Chairman Mao and his current associates in the Forbidden City at Peking are madmen is both demanding and deadening. The Russian Communist leaders in Moscow, it is estimated, devote six days weekly to the chore, a stint paralleled by the Chinese Nationalist leaders in Taipei. Dedicated anti-Communists from New York to Long Beach contribute significantly to the effort, And the Chinese Communists themselves, not to be outdone, appear to allot roughly half their working hours to programs designed to convince the American Congress that they …

Organizations For The International Lawyer-- A Brief Survey, Elliott E. Cheatham

Vanderbilt Journal of Transnational Law

The great rise in interest in international law has a firm basis in the facts of modern life. Washington and New York are now closer to Paris and Moscow in travel time, not to speak of missile delivery time, than adjoining county seats were when Washington warned against entangling alliances. Travel time and ease rather than miles or kilometers are the measure of near and far. The shrinkage of space in time has increased enormously the importance of sound relations among peoples of the world. Science and technology are opening up new areas for human activities, particularly competition in outer …