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Full-Text Articles in Law
The European Patent System, Friedrich - Karl Beier
The European Patent System, Friedrich - Karl Beier
Vanderbilt Journal of Transnational Law
The formation of the European patent system, which I have presented here only in part and which is still missing one essential element, the Common Market patent, constitutes a milestone in the development of international patent law. No event since the Paris Convention for the Protection of Industrial Property in 1883 has so drastically changed the system of protection of inventions as the European patent system will. I do not except the Patent Cooperation Treaty (PCT) signed in Washington in 1970 and entered into force over two years ago. It certainly overcomes the territorial approach of the Paris Convention in …
The Role Of Unilateral State Action In Preventing International Environmental Injury, Richard B. Bilder
The Role Of Unilateral State Action In Preventing International Environmental Injury, Richard B. Bilder
Vanderbilt Journal of Transnational Law
This discussion suggests that unilateral state action to prevent international environmental injury is likely to play an important and continuing role in efforts to deal with international environmental problems. It also suggests the futility of attempting to characterize unilateral action as inherently either desirable or undesirable. While multilateral actions seem generally preferable to unilateral action, effective multilateral arrangement in many cases may not be practically attainable. Unilateral action may be the only feasible alternative to inaction. Under these circumstances, a respectable argument can be made for the propriety of unilateral action on at least an interim basis pending achievement of …
The Uniform Foreign Money-Judgments Recognition Act: A Survey Of The Case Law, Carol C. Honigberg
The Uniform Foreign Money-Judgments Recognition Act: A Survey Of The Case Law, Carol C. Honigberg
Vanderbilt Journal of Transnational Law
The Uniform Foreign Money-Judgments Recognition Act's genesis lay in the belief that a state's codification of its rules on the recognition of foreign money-judgments would increase the likelihood that similar judgments rendered by that state would be recognized abroad. The treatment of United States judgments in the courts of foreign nations concerned the Commissioners on Uniform State Laws because United States courts traditionally accord far better treatment to foreign judgments than is accorded United States judgments abroad. The recognition and enforcement of foreign judgments, or recognition practice, has long posed special problems because of the vast differences in the various …
Nuclear Power And Non-Proliferation: The View From Brazil, James P. Rowles
Nuclear Power And Non-Proliferation: The View From Brazil, James P. Rowles
Vanderbilt Journal of Transnational Law
This article contains a hypothetical memorandum written by a hypothetical Brazilian policymaker, together with a hypothetical draft Brazilian proposal for the establishment of an International Plutonium Storage regime. None of these materials should be interpreted as a statement of policy by any Brazilian official or by the Republic of Brazil...
This article consists primarily of a hypothetical review memorandum written for Brazilian President Joao Baptista Figueiredo by a hypothetical Brazilian policymaker offering advice on two issues of immediate concern to Brazil. The first involves proposals for the establishment, under International Atomic Energy Agency (IAEA) auspices, of an International Plutonium Storage …
Book Reviews, James B. Boskey, John Quigley
Book Reviews, James B. Boskey, John Quigley
Vanderbilt Journal of Transnational Law
Social Policy Harmonization in the European Community
John Holloway
England: Gower Publishing Co./Renouf, 1980. Pp.318. $27.00.
Reviewed by James B. Boskey
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Israel, the West Bank and International Law
Allan Gerson
Totowa, New Jersey, and London: Frank Cass & Co., 1978. Pp.285. $30.00
Reviewed by John Quigley
Introduction, Harold G. Maier
Introduction, Harold G. Maier
Vanderbilt Journal of Transnational Law
On October 24, 1980, a symposium entitled "Transnational Technology Transfer: Current Problems and Solutions for the Corporate Practitioner" was held at Vanderbilt Law School. The symposium was a regional meeting of the American Society of International Law (ASIL) co-sponsored by the Vanderbilt Journal of Transnational Law and the Vanderbilt International Law Society under the auspices of the law school's Transnational Legal Studies Program. This writer served as organizer for the ASIL. Mr. Kevin Tyra, a third-year law student, was Symposium Chairman. Persons in attendance at the symposium were individuals active in private practice, government, and the academic field. During the …
Books Received, C. A. P.
Books Received, C. A. P.
Vanderbilt Journal of Transnational Law
COMPARATIVE LAW YEARBOOK
VOLUME 3, 1979.
Issued by the Center for International Legal Studies The Netherlands:
Sijthoff& Noordhoff, 1980. Pp. 287
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UNITED STATES FOREIGN RELATIONS LAW: DOCUMENTS AND SOURCES, VOLUME 1
EXECUTIVE AGREEMENTS
By Michael J.Glennon and Thomas M. Frank
Dobbs Ferry, New York: Oceana Publications, Inc., 1980. Pp. 474.
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U.S. NAVAL WAR COLLEGE, INTERNATIONAL LAW STUDIES, VOLUME 62 Edited by Richard B. Lillich and John Norton Moore
Newport, Rhode Island: Naval War College Press, 1980. Pp. 758.
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THE SOVIET PROCURACY AND THE SUPERVISION OF ADMINISTRATION
By Gordon B. Smith
The Netherlands: Sijthoff and Noordhoff,1978. Appendices. Pp. …
The Canadian National Energy Program: An Example Of Assertion Of Economic Sovereignty Or Creeping Expropriation In International Law, Errol P. Mendes
The Canadian National Energy Program: An Example Of Assertion Of Economic Sovereignty Or Creeping Expropriation In International Law, Errol P. Mendes
Vanderbilt Journal of Transnational Law
The Canadian National Energy Program provides insight into the critical global debate on the expropriation of alien investors' property. Sovereign states can no longer expropriate by forced and outright transfers of an alien's assets without any compensation. States which expropriate in this manner face massive retaliation from the powerful capital-exporting countries through, inter alia, the cutting of trade and commercial ties, the freezing of assets, retaliatory diplomatic moves, and court action in the home state of the investors. The principles of international law and policy concerning expropriation are gradually evolving through diplomatic negotiations, international and domestic courts and tribunals, resolutions …
Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii
Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii
Vanderbilt Journal of Transnational Law
Book Reviews
Human Rights: International Petition System
Binders 1 and 2
Maxine E. Tardu
Dobbs Ferry: Oceania Publications, Inc.,1979 and 1980. $75.00 per Binder.
Reviewed by Howard D.Coleman
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The International Law and Policy of Human Welfare
Edited by R. St. John Macdonald, D.M. Johnston and L. Morris
The Netherlands: Sijthoff and Noordhoff, 1978. Pp. xviii, 690. $95.
Reviewed by Clark C. Siewert
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Deep Sea Mining
Judith T. Kildow, Editor
Cambridge, Massachusetts and London, England: MIT Press. 1980. Pp. 251.
Reviewed by John T. Smith II
Unauthorized Duplication Of Sound Recordings: Transnational Problem In Search Of A Solution, Vassilios C. Gatzimos
Unauthorized Duplication Of Sound Recordings: Transnational Problem In Search Of A Solution, Vassilios C. Gatzimos
Vanderbilt Journal of Transnational Law
Recent estimates place the global recording industry's losses to pirates, counterfeiters, and bootleggers at $1.5 billion annually, and losses due to home taping at over $2 billion annually. Even in a thriving industry, these losses are staggering. The purpose of this Note is to survey the scope of the problem of unauthorized duplication of sound recordings and to examine international and national efforts by governments and the recording industry to eradicate this problem.
Ocean Thermal Energy Conversion: The Codification Of A Potential Technology, Maureen O`C. Walker, Murray A. Bloom
Ocean Thermal Energy Conversion: The Codification Of A Potential Technology, Maureen O`C. Walker, Murray A. Bloom
Vanderbilt Journal of Transnational Law
Rapid technological advancement has been the hallmark of post-industrial societies for more than a quarter of a century. This progress is forever disrupting our established legal systems. Nowhere is this tension more evident than in the discoveries of the developing energy industry. An exception to this process is the infant industry of ocean thermal energy conversion (OTEC). The United States Congress recently enacted legislation establishing the legal framework for the OTEC process, which has not yet been proven on a commercial scale.
OTEC is a form of solar energy that takes advantage of the vertical temperature differentials in those regions …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
THE MIDDLE EASTERN STATES AND THE LAW OF THE SEA
By Ali A.El-Hakim
Syracuse: Syracuse University Press, 1979. Pp. 293.Tables, maps, and international agreements.
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COMPLIANCE AND PUBLIC AUTHORITY: A THEORY WITH INTERNATIONAL APPLICATIONS
By Oran R. Young
Baltimore: Resources for the Future, 1979. Pp. 161.
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DOING BUSINESS WITH THE Russians
Under license from Westshore, Inc. New York: Praeger Publishers, 1978. Pp. 166.
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TAX LAW AND POLICY IN THE E.E.C.
By Alexander James Easson
London: Oceana Publications, 1980. Pp. 269. Tables of treaty provisions, secondary legislation, cases, and statistics.
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THE COLLAPSE OF WELFARE REFORM: POLITICAL INSTITUTIONS, POLICY …
Recent Decisions, David R. Simon, David D. Dowd
Recent Decisions, David R. Simon, David D. Dowd
Vanderbilt Journal of Transnational Law
Antitrust--Act of State Doctrine Precludes Judicial Review of Cases in which Private Defendant Induces Foreign Sovereign to Boycott Plaintiff's Services and Products
David R. Simon
Plaintiff, a designer and manufacturer of short takeoff and landing (STOL) aircraft, sought damages from defendants for violation of sections 1 and 2 of the Sherman Act. Specifically, plaintiff alleged that defendant's employees falsely disparaged General Aircraft Corporation's (GAC) STOL aircraft products and services by circulating false and misleading performance reports and engaged in a "vendetta" designed to drive GAC out of business because of GAC's refusal to conduct Southeast Asian Helio sales under the …
Recent Decisions, Kevin P. Hishta, J. Clifton Cox, Shari D. Olenick, Stephen B. Hatcher, Ann M. Bell
Recent Decisions, Kevin P. Hishta, J. Clifton Cox, Shari D. Olenick, Stephen B. Hatcher, Ann M. Bell
Vanderbilt Journal of Transnational Law
ALIENS--Executive Suspension of Alien's Deportable Status Final as Congressional Veto Mechanism violates Constitutional Doctrine of Separation of Powers
Kevin P. Hishta
--------------------------- Sovereign Immunity--Iranian Immunity from Pre-Judgment Attachments Terminated under International Emergency Economic Powers Act
J. Clifton Cox
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Sovereign Immunity--Government Shipping Company of the People's Republic of China is an "Agency or Instrumentality" for the Purposes of the Foreign Sovereign Immunities Act of 1976
Shari D. Olenick
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State Corporate Income Tax--Foreign Source Dividends Included in State Taxation Base Under Unitary Business Enterprise Test
Stephen B. Hatcher
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Trade Regulation--Use of Registered Mail by Federal Trade Commission to Subpoena …