Law Commons^™

International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf

LLM Theses and Essays

This thesis will examine how legal systems deal with the phenomenon of multiple assumptions of jurisdiction over the same dispute. We will first look at public international law rules on jurisdiction, regulating (or not regulating) conflicting states' interests, which will give only modest guidance. In view of those rules, the subsequent chapters will deal with various national laws relating to the possibility of parallel proceedings in the courts of more than one country, and thus the possibility of the emergence of conflicting orders or judgments.

Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn

Scholarly Works

In the last few years quite a few international lawyers have been complaining about the 1985 termination (with effect on April 7, 1986) by the United States of its 1946 declaration accepting the compulsory jurisdiction of the International Court of Justice. Little attention has been paid to the fact that during the forty years since the making of this declaration many other states have changed their declarations, often several times, in order to adept them to the Court's jurisprudence and to new circumstances. By 1985, the United States declaration was in fact obsolete, and some of the reservations contained in …

A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann

Scholarly Works

The purpose of this article is rather simple, extracting a new theory of standard form contracts from the good bits of the spectrum of "old" ideas and combining them with some fresh rethinking. For something fresh, the authors choose to examine the German law on standard form contracts. The authors have tried to remain neutral observers but in extracting the best from the spectrum of ideas one necessarily states--in this instance, one of pragmatic compromise. Thus, this article will cull and identify elements from the spectrum specifically concerning standard form contracts and compare them with the German approach. This process …

Fiscal Policy Impacts On Foreign Direct Investments In The United States, Gerd Braunig

LLM Theses and Essays

Foreign direct investments in the United States have increased significantly over the last several years. Although not a new

phenomenon the acceleration of the growth is noteworthy. In 1980 foreign investors spent $11 billion to acquire or establish businesses

in the United States, which increased the foreign direct investment position at the end of the year to 20% or $65 billion. Though the 1980 increase was less than the $12 billion inflow the foreign investment position remains significant. Moreover, there is an increased rate of reinvested earnings by incorporated affiliates.

This thesis concentrates on the influence of

fiscal policy on …

Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird

Scholarly Works

There is no question but that current policy in the United States comes down heavily on the side of management flexibility in the area of economic decisionmaking. The question is: should that be changed?

Newsletter, May 1986, Vol. 3, No. 1, The Dean Rusk International Law Center

Newsletters

Japanese Judicial Jurisdiction: Are Japanese Courts Catching Up With Americans? The Georgia Journal of International and Comparative Law; Rusk Center Activities; Selected Recent Acquisitions; International Development

The Future Of The United Nations And The World Government., Ge Fan Liu

LLM Theses and Essays

The purpose of this thesis is to provide a proposal which I think is very correct to keep peace in the future of the world. We are all not sure what is going to happen in the future, but what we know at least is what is most likely going to happen and what work we can do that if we do it we can avoid disaster. Based upon this logic, I find World Government is the most likely candidate which can save human life and keep the peace as I have discussed in the whole paper.

The Role Of Efficiency Justifications In U.S.-American And West German Merger Control Law: A Comparison, Christian Westerhausen

LLM Theses and Essays

When merger control laws first emerged in the United States and West Germany in the early 1900s, some businessmen and economists argued that the efficiency of businesses was impeded by antimerger laws. They contended that only very large businesses could realize significant efficiencies, be internationally competitive, and attain technological progress. This paper analyzes the role that these efficiency arguments had on the laws in West Germany and the United States, respectively. German law mainly upheld the idea that preservation of competition was most important for business efficiency, but also included a provision that firms could put forward the social desirability …

Motion Pictures In American And International Copyright Law, Christof Siefarth

LLM Theses and Essays

This thesis intends to examine some problems of motion pictures in American and international copyright law. Motion pictures are one of the most fascinating forms of communication and entertainment. They are of enormous commercial significance and are probably the most complex works in the field of copyright law. The American motion picture industry is heavily influential throughout the world. Therefore, the subject of this work will be mainly the American copyright law. Solutions of other legal systems are treated when they provide interesting alternatives or similarities.

Litispendence Between The International Court And The Security Council, Theodoor Jh Elsen

LLM Theses and Essays

The exception of lis pendens is an objection against the admissibility of the claim. The general power of the tribunal to hear the claim is not contested, but the special situation that a claim on the same cause of action is pending before another forum is alleged to preclude the tribunal from asserting jurisdiction. This essay focuses on the exception of lis pendens raised before the International Court of Justice or the United Nations Security Council when both organs are simultaneously engaged in the settlement of the same dispute.

The Extraterritorial Application Of The Export Administration Act Of 1979, Peter T. Knopf

LLM Theses and Essays

This thesis deals with the major legal issues of the gas pipeline embargo. It is not an abstract treatise on extraterritoriality under international law, but a legal expertise on the legality of the unique measures imposed in 1982. It also tries to point out the legal trends as indicated by the recent publications. The first part of the thesis examines to what extent some European firms were affected by the American embargo. The second part examines whether the President had the authority under the Export Administration Act of 1979 to impose the far-reaching extraterritorial restrictions. It concludes that the President …

Newsletter, January 1984, Vol. 1, No. 2, The Dean Rusk International Law Center

Newsletters

Thoughts on Customary International Law; Southeastern Conference of International Law Societies; Rusk Center Activities; the University of Georgia International Law Collection; International Developments; The Georgia Journal of International and Comparative Law; Exporting in the 80's: The New Economic Challenge (program); Selected Recent Acquisitions

Gradations Of Intervention In Internal Conflicts, Louis B. Sohn

Scholarly Works

I promised to suggest a definition. It is a very modest one, simply trying to apply the language of article 51 of the Charter about self-defense to the problem of military intervention. It might be desirable to have at least a rule which would say: "No military invention by one state in the internal armed conflicts in another state is permissible except in an extreme emergency requiring instant response and subject to imimediate termination of such emergency action on the request of the United Nations or an appropriate regional organization."

A Message Of Hope, Dean Rusk

Scholarly Works

So I would hope, based upon the extraordinarily interesting discussion that we have had here during this Colloquium, that we try to follow it up a bit and not be too discouraged about the modesty of certain things that might be done, but see if we cannot find some way to encapsulate, surround, isolate these internal violence situations so that they do not contribute to those great struggles which could end us all.

Introduction To Panel I, Gabriel M. Wilner

Scholarly Works

The work of this panel is to sort out the theories and arguments on the obligations of individual states, as distinguished from the international or regional community of states acting under the rules of an international organization, in dealing with internal conflicts in other states. Are states assisted in determining their obligations by existing standards of international law? The panel will wish to address itself to the central question of the content of international law standards on intervention. In doing so it may also wish to offer some definition of "internal conflict" and discuss the ramifications of the passage from …

Ironies Of Intervention, Milner S. Ball

Scholarly Works

I have detected in our deliberations this afternoon two ironies. The first is this: the dissentient receive more protection as enemies than as citizens. As we have heard today, there is greater opportunity for the assimilation of humanitarian law if the sides engaged in internal conflict are regarded as combatants and not as fellow citizens. With the application of the law of armed conflict comes the prospect that the opponents may observe some degree of mutual respect. Such dignity as the law accords thus becomes a function of formalized hostility rather than of civil affection, of open distrust rather than …

Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn

Scholarly Works

The United Nations has been trying to do three different things. First, the United Nations had to develop the basic principles of intervention. Most of them were borrowed from the Charter of the Organization of American States, especially those on intervention, but they went much further concerning the limitations on help to guerrillas and the problems of interference by various means. The United Nations Declaration on Friendly Relations, the Declaration on Inadmissibility of Intervention, and several other documents have been broadening or clarifying the law on the subject over the last 20 years. Second, as noted previously, the United Nations …

Sovereign Immunity From Execution: A Comparative Analysis, Rainer Esser

LLM Theses and Essays

This thesis discusses the approaches which several countries and international organizations have undertaken with regard to various aspects of sovereign immunity from execution. In addition, this thesis deals with the influence which the executive branches of countries may exert on the enforcement decision.

Comparison Of The U.S.S.R. And United States On The Territorial Sea, Exclusive Economic Zone, And Strait Issues, Erik Franckx

LLM Theses and Essays

This thesis compares the positions of the United States and the Soviet Union on the territorial sea, exclusive economic zone, and straits.

The Transfer Of Technology To Latin America, Gabriel M. Wilner

Scholarly Works

The transfer of technology to Latin America has taken place through both the licensing process and direct investments by foreign enterprises that are often transnational corporations. National law has concerned itself first with the creation of rights in technological knowledge and the protection of these rights by law. The regulation of these rights as set out in contractual relationships and the regulation of direct investment, particularly the technological component thereof, were dealt with thereafter. Other matters such as the repatriation of profits (exchange control), customs controls, and various taxes have also become a part of the national regulatory scene today. …

The Revised Hague Rules On Bills Of Lading, Gabriel M. Wilner

Scholarly Works

In what amounts to a proposed new Convention to replace the "Hague Rules," the United Nations Commission on International Law (UNCITRAL) has included an Article (22) authorizing parties to a contract for the carriage of goods to provide for arbitration of disputes arising therefrom. States which become parties to the Convention would be required to give effect to such a contract. The proposed Convention gives the plaintiff much the same options with respect to either the judicial or the arbitral forum. These options as to locale tend to favor the defending party -- usually the carrier. On the other hand, …

Is Georgia On Their Minds?--Some Legal Aspects Of Investment And Trade By Foreign Business Enterprises, Gabriel M. Wilner, Terry K. Smith

Scholarly Works

This article will focus on the legal environment within the State in regard to foreign investment and trade. In making this survey it is also necessary to note briefly the full context in which foreign investment and trade is accomplished. The State cannot act or fail to act in areas dictated by the economic, political, and social philosophies held by its citizens. Likewise, the State cannot act in areas in which the Federal Government has acted pursuant to the United State Constitution. Among the areas in which the State is prohibited or preempted from acting are foreign affairs, especially in …

The Peaceful Settlement Of International Disputes Within The United Nations System, Giovanni Acerbi

LLM Theses and Essays

The purpose of this thesis will be, after having examined generally the principles which regulate the settlement of international disputes under international law, to understand the function that the United Nations has in the settlement of disputes and, particularly, to see the role played by the General Assembly and the Security Council in preserving peace and security, including the pacific settlement of disputes. In order to do that, we cannot avoid, of course, investigating and clarifying the purposes of the United Nations as an organ of conciliation. Then we will examine the United Nations structure, particularly the General Assembly, the …

The 25th U.N. General Assembly And The Use Of Force, Dean Rusk

Scholarly Works

The law of the United Nations Charter is not now quite the same as it was before the Declaration on Friendly Relations was adopted. Although not a formal enactment, it gives more flesh and bone to key articles, such as article 2(4).

Determining The Law Governing Performance In International Commercial Arbitration: A Comparative Study, Gabriel M. Wilner

Scholarly Works

Persons entering into commercial agreements of a transnational nature have often shown a preference for the arbitration tribunal rather than the court of law as the instrument for settling disputes which may arise between them.

The parties, who may be either individuals or legal persons, such as corporations, manifest their desire to employ arbitration by providing for its use in the arbitration clause of the contract. It is generally agreed that such a clause, whether or not it is considered as part of the main contract, is consensual in nature. But the significance of the agreement to arbitrate is determined …