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Book Review, Roy E. Thoman

Vanderbilt Journal of Transnational Law

Making use of historical accounts, and principles of international law and politics, Lee C. Buchheit examines one of the most intractable and perplexing problems of this era: self-determination, The author is a cum laude graduate of the University of Pennsylvania Law School, where he served as editor of the law review. The recipient of a fellowship to study public international law, Buchheit received a diploma in international law from Cambridge University in 1976. The focus of his book is on the implications for the world community of appeals to the principle of self-determination by secessionist elements within independent states. An …

Books Received, C. C. S., C. A. P.

Vanderbilt Journal of Transnational Law

A Chronology and Fact Book of the United Nations 1941-1979

By Thomas Hovet, Jr. and Erica Hovet

Dobbs Ferry, New York: Ocean Publications, sixth edition, 1980. Pp. 304. $17.50.

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Copyright in International Relations: International Protection of Literary and Scientific Works

By Mark Moiseevich Boguslavsky

Sydney, Australia: Australian Copyright Council,1979. Pp. 224.

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Deep Sea Mining Edited

by Judith Koldow

Cambridge, Mass.:The MIT Press, 1980. $17.50.

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The Enclosure of Ocean Resources: Economics and the Law of the Sea

By R. D. Eckert

Stanford, California: The Hoover Institution, 1979. Pp. 408. $16.95.

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Federal Jurisdiction in Australia

By Zelman Cowen …

The Humanitarian Provisions Of The Helsinki Accord: A Critique Of Their Significance, Valery Chalidze

Vanderbilt Journal of Transnational Law

It is no exaggeration to say that the humanitarian provisions of the Helsinki Accord have been recorded in the history of international relations by virtue of not so much their content as the strong public response they have elicited. This reaction is perhaps surprising, for the humanitarian provisions of the Helsinki Accord itself are very weak. If the convergence of East and West means loss by the West of its legal perspective on issues as fundamental as human rights, then I would not recommend such a convergence. Keeping in mind the development of such problems in the future, it would …

Book Review, Ved P. Nanda

Vanderbilt Journal of Transnational Law

Human Rights and World Public Order

Myres S. McDougal, Harold D. Lasswell, and Lung-chu Chen

New Haven: Yale University Press, 1980. Pp. 116.

Reviewed by Ved P. Nanda

Self-Determination: Indians And The United Nations--The Anomalous Status Of America's "Domestic Dependent Nations", Judith L. Andress, James E. Falkowski

American Indian Law Review

No abstract provided.

Antitrust And Foreign Commerce: Reach And Grasp, John R. Lacey

North Carolina Journal of International Law

No abstract provided.

Application And Constitutionality Of The Revised Uniform Reciprocal Enforcement Of Support Act, Lou Ann Newman

North Carolina Journal of International Law

No abstract provided.

Income Taxation– Disposition Of Investment In United States Real Property– Enactment Of I.R.C. § 897, John D. Lyons

Fordham International Law Journal

The purpose of this Recent Development is to explain the effects of section 897 in terms of the problems it was designed to remedy. Part I will explore the methods that were used in the past by non-resident aliens and foreign corporations to avoid the payment of capital gains tax on the disposition of real property held in the United States. Part II will examine the newly implemented section 897 to determine how it will be applied and whether it is likely to achieve the goal of equal tax treatment for domestic and foreign investors on the disposition of United …

Termination Of Treaties As A Political Question: The Role Of Congress After Goldwater V. Carter, Howard Konar

Fordham International Law Journal

The purpose of this Comment is to illustrate a theory of political question jurisprudence which would have allowed the courts to rule that the issue of treaty termination presents a political question without creating unnecessary precedents for the expansion of executive power. Part I will briefly review four leading theories of the political question doctrine, focusing on the difference between exemption of a constitutional issue from judicial review and denial of relief within the context of judicial review. Based on this analysis, Part II will examine the plurality's approach in Goldwater, and explore two alternative approaches for categorizing the issue …

Compensation For "Victims" Of Diplomatic Immunity In The United States: A Claims Fund Proposal, R. Scott Garley

Fordham International Law Journal

This Note will briefly trace the development of diplomatic immunity law in the United States, including the changes adopted by the Vienna Convention, leading to the passage of the DRA in 1978. The discussion will then focus upon the DRA and point out a few of the areas in which the statute may fail to provide adequate protection for the rights of private citizens in the United States. As a means of curing the inadequacies of the present DRA, the feasibility of a claims fund designed to compensate the victims of the tortious and criminal acts of foreign diplomats in …

United States Nuclear Export Controls , Katherine D. Mcmanus, Harry R. Marshall, Jr.

Fordham International Law Journal

This article will explore the U.S. nuclear export controls regime.  It will initially discuss controls affecting the export of nuclear material, facilities, and specially designed components of nuclear facilities. This section will specifically consider export licensing procedures and requirements, agreements for nuclear cooperation, the specific export criteria for major nuclear cooperation, as well as the necessary policy determination.  Then the Article will discuss the procedures and requirements for obtaining a license to export dual-use equipment, the authorization necessary for the export of nuclear technology and the subsequent arrangement process, which further aids in the implementation of U.S. non-proliferation policies.

The Jurisprudence Of Free Speech In The United States And The Federal Republic Of Germany, Donald P. Kommers

Journal Articles

This Article compares the constitutional thought of the United States Supreme Court and the West German Federal Constitutional Court in the area of free speech. The primary focus is on cases dealing with governmental restraints on speech arising out of concern for internal security' and commentary affecting the reputation of public figures. These cases reflect major lines of German and American free speech thought. The objective of this Article is to compare the concepts of free speech that have evolved in the opinions of the two tribunals and to consider the significance of the separate doctrinal paths taken by each …

Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra

Cleveland State Law Review

Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …

The United States And China: From Noncommunication To Diplomatic Relations, Mary Jeanne Patrick

Masters Theses

After more than two decades of fundamental differences due to lack of direct diplomatic relations, the People's Republic of China and the United States are developing a harmonious working relationship. Friendly relations between these two major nations began to improve in 1972 during President Richard Nixon's visit to China that had been arranged by Henry Kissinger, Assistant for National Security Affairs.

The purpose of this thesis is to show that nations can overcome their negative stereotyped images with one another when their leaders will enter into effective communication.

Chapter I considers the historical aspects of the Sino-American relationship.

Chapter II …

Recent Development: Foreign Sovereign Immunity, Jere Geiger Thompson

Vanderbilt Journal of Transnational Law

The Foreign Sovereign Immunities Act of 19761 (FSIA) grants an "agency or instrumentality" of a foreign state substantially the same immunities that are provided to the state itself under the Act. An agency or instrumentality of a foreign state is defined in section 1603(b) of the FSIA. Section 1603(b) lists the following three criteria that must be met by an entity in order to qualify as an agency or instrumentality for sovereign immunity purposes: (1) the entity must be a legally independent person3 under the laws of the foreign state in which it was created; (2) the entity must be …

Respective Roles Of Senate And President In The Making And Abrogation Of Treaties—The Original Intent Of The Framers Of The Constitution Historically Examined, Arthur Bestor

Washington Law Review

The first part of the present article examines the specific question of the placement in the constitutional system of the power to terminate a treaty originally ratified by and with the advice and consent of the Senate, two-thirds of the members present concurring. The power of terminating a treaty is, of course, only a particular segment or subdivision of the far more inclusive power of determining the foreign policy of the Nation. Accordingly, after considering the evidence bearing directly upon the narrow question of treaty abrogation, the present article turns to the larger question of the relationship the framers intended …

The International Court Of Justice At Its Present Stage Of Development, Hermann Mosler

Dalhousie Law Journal

The object of this study is not to give an outline on the role and function of the International Court of Justice in general but to evaluate its present situation. This is quite a different subject although for this purpose it will be indispensable to compare achievement reached by the Court with the role assigned to it at the time of its foundation as part of the basic structure of the United Nations, the legal organization of the international community. Reminding at the very beginning, of deficiencies actually existing, I do not want to intimate that the problems with which …

Dweikat Et Al. V. State, Moshe Landau, Alfred Witkon, David Bechor, Shelomo Asher, Miriam Ben-Porat

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

For this petition, we must consider the legality of establishing a civilian town (settlement) in Elon Moreh, on the outskirts of the city of Nablus, on land privately owned by Arab residents. On the morning of June 7, 1979, Israeli citizens, assisted by the IDF, began to settle on a hill east of the Jerusalem-Nablus road. The hill is entirely on rocky and undeveloped …

Latin American Economic Integration, Dr. Stanley F. Rose

University of Miami Inter-American Law Review

No abstract provided.

Employment In The Federal Civil Service-- Aliens Need Not Apply: Vergara V. Hampton, 581 F.2d 1281 (7th Cir. 1978), Bruce A. Metzger

University of Miami Inter-American Law Review

No abstract provided.

Regulation Of Foreign Banking Activity In The United States., Francis Rooney

St. Mary's Law Journal

Abstract Forthcoming.

Nato Consultations As A Component Of National Decisionmaking, Frederic L. Kirgis

Scholarly Articles

None available.

Taiwan Relations Act: Legislative Re-Recognition, Carl I. Gable

Vanderbilt Journal of Transnational Law

The surprise and drama of President Carter's recognition of the People's Republic of China as "the sole legal government of China" have overshadowed the unique legal concepts on which his policy rests. Those concepts impact directly on private trade and investment transactions with Taiwan. They may also sound the death knell for traditional definitions of the term "recognition" in international law and diplomacy.

The recognition of a government such as the People's Republic of China (and the related termination of recognition of the Republic of China government) is a unique hybrid: a political act of the executive branch which directly …

A Practitioner's Guide To The Tokyo Round Trade Negotiations, Thomas R. Graham

North Carolina Journal of International Law

No abstract provided.

At Sea With Schaffer V. Heitner: Grand Bahama Petroleum Co. V. Canadian Transport Agencies, Lawrence J. Tytla

North Carolina Journal of International Law

No abstract provided.

The Rights Of Man Today. By Louis Henkin., Irwin P. Stotzky

University of Miami Inter-American Law Review

No abstract provided.

Letters Rogatory: Current Problems Facing International Judicial Assistance, Thomas Land Fowler

North Carolina Journal of International Law

No abstract provided.

The World Textile Multi-Fiber Arrangement: A Question Of Balance, Ernest C. Mclean Iii

North Carolina Journal of International Law

No abstract provided.

Patent Cooperation Treaty: A New Adventure In The Internationality Of Patents, Edward F. Mckie Jr.

North Carolina Journal of International Law

No abstract provided.

Act Of State And Political Question Doctrine: Judicial Prudence Or Abdication?, Anne Martragono

University of Miami Inter-American Law Review

No abstract provided.