Digital Commons Network^™

The Value Of The Chinese Connection [And Comments], Roger Sullivan, Michael Y.M. Kau, James C. Hsiung, Jan S. Prybyla

Maryland Journal of International Law

No abstract provided.

Legal Aspects Of The Normalization Process: Selected Issues [And Comments], Mark B. Feldman, Robert Dole, John Glenn

Maryland Journal of International Law

No abstract provided.

Note: Presidential Power To Terminate Treaties Without Congressional Action (Goldwater V. Carter, 100 S. Ct. 533 (1979), David I. Salem, Howard Jack Price Jr.

Maryland Journal of International Law

No abstract provided.

Is There Law In China? [And Comments], Jerome A. Cohen, Ross H. Munro, Daniel Kelly

Maryland Journal of International Law

No abstract provided.

Foreign Investment Incentives In The Developing World: The Legislation Of Greece, Egypt, Pakistan, Thailand And The Republic Of China, Paul Stephen Dempsey

Case Western Reserve Journal of International Law

No abstract provided.

Toward Better Environmental Standard Setting: Lessons From Case Study, Douglas O. Linder

Faculty Works

No abstract provided.

Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley

UC Law SF International Law Review

No abstract provided.

Japanese Postwar Attitudes Towards International Trade And Investment, Hobart Mck Birmingham

UC Law SF International Law Review

In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.

Marketing And Antitrust In Japan, John O. Haley

UC Law SF International Law Review

In a recent series of cases the Japanese Fair Trade Commission has adopted a strict illegality approach and held one of the more typical manufacturer-imposed market channelling arrangements to constitute an unfair business practice in violation of article 19 of the Japanese Antimonopoly and Fair Trade Law. This article assesses these cases and their implications in the context of Japanese antitrust regulation of marketing.

Domestic Legislation And The Law Of The Sea Conference, Paul N. Mccloskey Jr.

Syracuse Journal of International Law and Commerce

This presentation and panel discussion are part of the symposium entitled: Mining the Deep Seabed: A Range of Perspectives. It addresses some of the issues facing the United States Congress such as protecting the position of U.S. companies, as well as promoting international agreements with regards to ocean mining.

Deep Seabed Mining And Developing Countries, Roy Lee

Syracuse Journal of International Law and Commerce

This presentation and panel discussion are part of the symposium entitled: Mining the Deep Seabed: a Range of Perspectives. The paper presents the views of the developing countries on the following group of issues: first, the Declaration of Principles and the value of seabed mining; second, the role of the Enterprise; and third, the institutional arrangements.

New Developments In Law In The People's Republic Of China, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

Recently, Chinese leaders have begun to promote the development of legal standards andformal legal institutions for China. In this article, Mr. Lubman explores the background and current status of the role of law in China and assesses its relationsho to China's economic development, domestic politics, and international economic relations. Mr. Lubman suggests that students of Chinese law must create new theoreticalperspectives to study the new developments.

Exporting To The People's Republic Of China, Radovan S. Pavelic

Case Western Reserve Journal of International Law

No abstract provided.

The Beagle Channel Affair: A Failure In Judicial Persuasion, David M. Himmelreich

Vanderbilt Journal of Transnational Law

It has been demonstrated that although the Argentine Declaration of Nullity does not contain valid legal arguments for rejection, it does indicate weaknesses in the Court's opinion that make it vulnerable to rejection for political reasons. Specifically, the Court's remarks about Chilean possession of disputed islands outside the hammer were especially ill-advised. In addition, the Court failed to clearly articulate the reason for dividing the small Channel islands by appurtenance while refusing to do so for PNL. Finally, the Court's refusal to apply an Oceanic principle, even in a narrow sense, was questionable in a case in which the legal …

Foreign Sovereign Immunity--The Status Of Legal Entities In Socialist Countries As Defendants Under The Foreign Sovereign Immunities Act Of 1976, Jere G. Thompson

Vanderbilt Journal of Transnational Law

The Foreign Sovereign Immunities Act of 1976 (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 person under the laws of the foreign state in which it was created; (2) the entity must be …

"Force" Under Article 2(4) Of The United Nations Charter: The Question Of Economic And Political Coercion, James A. Delanis

Vanderbilt Journal of Transnational Law

Since the adoption of this article the meaning of the word force has been disputed by political leaders and delegates to the United Nations. Invariably these disputes have centered on whether the prohibition against "the threat or use of force" in article 2(4) applies only to the threat or use of military force or extends to the threat or use of political and economic force as well.

Prompted in some instances by the economic and political coercion of the Arab oil boycott, international scholars have begun to study the legal definition of the term force, as it is used in …

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 …

The Foreign Corrupt Practices Act: Problems Of Extraterritorial Application, Shelley O'Neill

Vanderbilt Journal of Transnational Law

The Foreign Corrupt Practices Act of 1977, an amendment to the Securities and Exchange Act of 1934 (Exchange Act), criminalizes bribery of foreign officials and requires audit controls and accurate reporting of transactions by United States companies. By enacting the legislation, Congress condemned foreign bribery as distorting trade and investment, undermining public confidence in United States enterprise, and damaging foreign relations. The Securities and Exchange Commission (SEC) also opposed corporate bribery as a threat to managerial accountability to shareholders. President Carter, while signing the legislation, emphasized its basic policy considerations.

The Act responded to increasing revelations concerning the widespread practice …

Whither The Commission On Human Rights: A Report After The 35th Session, Gerson Smoger

Vanderbilt Journal of Transnational Law

The statement that the Commission on Human Rights "functions as the focal point of the United Nation's concentration on the international observance of human rights" is fraught with definitional inconsistencies. Throughout its existence one of the main problems faced by the members of the Commission has been to agree upon the appropriate limits of the expression "human rights." The question arises whether the term includes the right of a retired school teacher to speak out against his country's employment practices or his entitlement to receive social security after his departure from the teaching force. If these are both considered to …

In Memoriam: Eberhard Menzel, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

BOOKS RECEIVED

THE EXTENSION OF CORPORATE PERSONALITY IN INTERNATIONAL LAW By David A. Ijalaye

Dobbs Ferry, New York: Oceana Publications, 1978. Pp. 354.

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HUMAN RIGHTS AND THE SOUTH AFRICAN LEGAL ORDER

By John Dugard

Princeton: Princeton University Press, 1978. Pp. 470.

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INTERNATIONALE BANKEN: AUSLANDSAKTIVITXTEN VON BANKEN BE-DEUTENDER INDUSTRIELANDER

By Ursel Stueber

Hamburg: Verlag Weltarchiv, 1974 (1977 Supplement available). Pp. 204.

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INVESTMENT INCENTIVE PROGRAMS IN WESTERN EUROPE

By B. T.Mansbach and R. J. Waldman

Washington, D.C.: International Division, Chamber of Commerce of the United States, 1978.

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SECESSION: THE LEGITIMACY OF SELF-DETERMINATION

By Lee C. Buchheit

New Haven, …

In Search Of An International Solution To Bribery: The Impact Of The Foreign Corrupt Practices Act Of 1977 On Corporate Behavior, Steven M. Morgan

Vanderbilt Journal of Transnational Law

Since enactment, the FCPA has been criticized for its ambiguity, pitfalls, and underlying policy weakness. For instance, a payment of $10,000 to a customs official by X Corporation in order to speed a shipment of perishables through customs would be a legal facilitating payment under the FCPA. Under the same circumstances, however, a $100 payment to a Cabinet minister who has the discretionary power to clear the shipment will subject the X Corporation to a million dollar fine and expose the guilty company officer, director or employee to a jail term of up to five years for violating the FCPA. …

Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie

International Law Studies

No abstract provided.

Opec As A Legal Entity, Laurence Stoehr

Fordham International Law Journal

Evaluates the legal organization and past operations of OPEC in order to undersatnd it and anticipate in what direction this new economic power is headed.

Treaties– Mexican-American Treaty On The Execution Of Penal Sentences– Custody Of A Prisoner Under The Mexican-American Treaty Is Unlawful When Consent To The Transfer Is Coerced, David Vaida

Fordham International Law Journal

Looks at the arrest of Raymond Bayron Velez, Efran Morales Caban and Pedro Rosado and their relation to the Treaty between the United States of America and the United States Mexican States on the Execution of Penal Sentences (Treaty).

International Consortia: Definition, Purpose And The Consortium Agreement, Joseph Russell Milton

Fordham International Law Journal

This article explores what an international consortium is, offering a definition which establishes the consortium agreement asd the essence of consortium, explains the reasons for using a consortium in large projects and offers soe oractical advice in the formation of a consortium agreement.

Opinion Of The [British] King's Advocate Concerning The Improper Treatment Of Prisoners Of War (London, 24 September 1832), Howard S. Levie

International Law Studies

No abstract provided.

1899 Hague Convention Ii With Respect To The Laws And Customs Of War On Land (With Annexed Regulations) (29 July 1899), Howard S. Levie

International Law Studies

No abstract provided.

The Blocked Chinese Assets– United States Claims Problem: The Lump-Sum Settlement Solution, Charlene M. Levie

Fordham International Law Journal

Reviews briefly the origins of the blocked assets-claims problem and discusses the authority for the original blocking controls and later claims adjudication. Also examines in detail the operative provisions of the claims-assets agreement as an intergovernmental accord embodying the final settlement of the United States claims and affecting the overall context of Sino-American political and economical relations.

Anti-Terrorism: The West German Approach, Kevin G. Horbatiuk

Fordham International Law Journal

Focuses on the West German gorvernment's political response to terrorism specifically surveying the changes deemed to be necessary in the areas of law enforcement, substantive criminal law and criminal procedure. Also, it considers the reaction to these measures and compares the view of the West German government with that of various critics.