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Full-Text Articles in Law
Recent Decisions, Arthur R. Louv, Mark R. Von Sternberg, Jesse W. Hill, Glen T. Oxton
Recent Decisions, Arthur R. Louv, Mark R. Von Sternberg, Jesse W. Hill, Glen T. Oxton
Vanderbilt Journal of Transnational Law
ADMIRALTY--DAMAGES--AWARD ALLOWED FOR EMOTIONAL DISTRESS OF SURVIVING SPOUSES AND CHILDREN, OR PARENTS, UNDER GENERAL MARITIME LAW
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ANTITRUST--EXTRATERRITORIAL JURISDICTION--EFFORTS TO SECURE ACTION BY A FOREIGN STATE CONDUCIVE TO MONOPOLIZATION NOT PRIVILEGED; ACT OF STATE DOCTRINE BARS ANTITRUST CLAIM ARISING FROM ACTS OF A FOREIGN SOVEREIGN ALLEGEDLY INDUCED BY DEFENDANT
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CONSTITUTIONAL LAW--CITIZENSHIP--FIVE YEAR STATUTORY RESIDENCE REQUIREMENT AS A CONDITION SUBSEQUENT TO RETENTION OF CITIZENSHIP BY PERSONS BORN ABROAD NOT VIOLATIVE OF FIFTH AMENDMENT DUE PROCESS
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PRIVATE INTERNATIONAL LAW--SOVEREIGN IMMUNITY--EXECUTIVE SUGGESTION BINDING ON COURTS DESPITE CONTRACTUAL WAIVER OF IMMUNITY
Book Reviews, Werner Baer, John B. Marshall, Justin P. Wilson, Emmanuel Bello
Book Reviews, Werner Baer, John B. Marshall, Justin P. Wilson, Emmanuel Bello
Vanderbilt Journal of Transnational Law
INDIRECT TAXATION IN DEVELOPING ECONOMIES: THE ROLE AND STRUCTURE OF CUSTOMS DUTIES, EXCISES, AND SALES TAXES
By John F. Due
Baltimore: The Johns Hopkins Press, 1970. Pp. viii, 201. .$9.00
reviewer: Werner Baer
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THE INTERNATIONAL LAW OF CIVIL WAR
Edited by Richard A. Falk
Baltimore: Johns Hopkins Press, 1971. Pp. xix, 452. $15.00
reviewer: John B. Marshall
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NATIONAL INTERESTS AND THE MULTI-NATIONAL ENTERPRISE
By Jack N. Behrman
Englewood Cliffs, New Jersey: Prentice-Hall, 1970. Pp. 194. $4.95
reviewer: Justin P. Wilson
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TRANSNATIONAL BUSINESS COLLABORATION AMONG COMMON MARKET COUNTRIES: ITS IMPLICATIONS FOR POLITICAL INTEGRATION
By Werner J. Feld
New …
A New Concept Of Consent And World Public Order, Stuart S. Malawer
A New Concept Of Consent And World Public Order, Stuart S. Malawer
Vanderbilt Journal of Transnational Law
There have been, however, many instances under traditional international legal theory when a state's consent has not been required. Professor Brierly, in a trenchant critique, has stated that consent as the basic concept of obligation under customary international law has involved no more than the use of a legal fiction. Moreover, the traditional notion of consent in treaty law has stated that any form of coercion on the state does not invalidate a treaty; freely given consent is not required. Furthermore consent by new states to existing rules of customary international law has been implied regardless of any actual consent. …
Statutory Reform In Claims Against Foreign States: The Belman-Lowenfeld Proposal, Richard K.V. Hines, Kurt A. Strasser
Statutory Reform In Claims Against Foreign States: The Belman-Lowenfeld Proposal, Richard K.V. Hines, Kurt A. Strasser
Vanderbilt Journal of Transnational Law
The executive branch of the United States Government has indicated recently that it is reexamining its dominant judicatory role in the field of sovereign immunity of foreign states. Studies undertaken in 1966 by the State Department resulted in the preparation of draft legislation on sovereign immunity that the Department has been studying for possible presentation to Congress. The proposed Belman-Lowenfeld legislation would completely remove the State Department from any role in deciding sovereign immunity cases. The proposal itself would subject foreign states to the jurisdiction of United States federal courts for activities carried on or having a direct effect in …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
Books Received
NULLITY AND REVISION: THE REVIEW AND ENFORCEMENT OF INTERNATIONAL JUDGMENTS AND AWARDS
By W. Michael Reisman
New Haven: Yale University Press, 1971. Pp. vii, 900. $25.00.
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THE ENDLESS CRISIS
Edited by Frangois Duchne
New York: Simon and Schuster, 1971. Pp. 310. $2.75.
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INTERNATIONAL LAW, NATIONAL TRIBUNALS AND THE RIGHTS OF ALIENS By Grant Dawson and Ivan L. Head
Syracuse: Syracuse University Press, 1971. Pp. vii, 344. $11.75.
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THE LIMITED ELITE: POLITICS AND GOVERNMENT IN TWO INDIAN CITIES
By Donald B. Rosenthal
Chicago: University of Chicago Press, 1970. Pp.vii, 360. $12.75.
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INTERNATIONAL LAW: THE SUBSTANCE. …
Recent Treaties And Statutes, Arthur R. Louv, Woodard E. Farmer, Jr., Mark R. Von Sternberg
Recent Treaties And Statutes, Arthur R. Louv, Woodard E. Farmer, Jr., Mark R. Von Sternberg
Vanderbilt Journal of Transnational Law
ADMIRALTY--AMENDMENT TO FEDERAL MARITIME LIEN ACT--CHARTERER CONCLUSIVELY PRESUMED TO AUTHORIZE LIENS FOR NECESSARIES AND REPAIRS
Arthur R. Louv
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TERRITORIAL JURISDICTION--MASSACHUSETTS JUDICIAL EXTENSION ACT--STATE LEGISLATURE EXTENDS JURISDICTION OF STATE COURTS TO 200 MILES AT SEA
Woodard E. Farmer, Jr.
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TERRITORIAL JURISDICTION--MINING THE DEEP SEA BED--INTERNATIONAL PROBLEMS AND NATIONAL RESOLUTIONS
Mark R. von Sternberg
International Law And Conflict Resolution: Palestinian Claims And The Arab States, J. L. Taulbee, David P. Forsythe
International Law And Conflict Resolution: Palestinian Claims And The Arab States, J. L. Taulbee, David P. Forsythe
Vanderbilt Journal of Transnational Law
Over the last few years there has been a revival of interest in international law as a mechanism for conflict resolution. These same years have seen a demonstration of the undeveloped state of international law, particularly concerning intrastate conflicts. The wide disagreement about questions of fact, legal consequence, and world order implications of internal war is a telling commentary on the current problems of applying legal standards to such conflicts. A major part of the disagreement can be explained in terms of the specific problems relating to fact determination and authoritative interpretation engendered by the nature of the environment in …
The Public And Private International Response To Aircraft Hijacking, Gary N. Horlick
The Public And Private International Response To Aircraft Hijacking, Gary N. Horlick
Vanderbilt Journal of Transnational Law
The interests of aircraft hijackers are not easily summarized, if for no other reason than that the motivation of a given incident often cannot be clearly defined. For example, the recent extortion hijackings could have been motivated as easily by a desire for notoriety or other psychological reward as by a desire for cash. Hijackers exhibit, however, several recurring motivations. One fairly consistent element is the desire of the hijacker to escape the country in which he lives. Clearly, this motive was present in the eighteen attempts (eleven successes, seven failures) to flee Eastern European countries since 1960 by hijackers …
Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt
Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt
Vanderbilt Journal of Transnational Law
JUDICIAL REVIEW IN THE CONTEMPORARY WORLD
By Mauro Cappelletti
Indianapolis: Bobbs Merrill, 1971. Pp. xi, 117. $8.50 ($4.50 student edition).
reviewer: Max Rheinstein
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THE PRICE OF INTERNATIONAL JUSTICE
Philip C. Jessup
New York: Columbia University Press, 1971. Pp. ix, 82. $5.95.
reviewer: Eugene V. Rostow
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THREE WORLDS OF DEVELOPMENT: THE THEORY AND PRACTICE OF INTERNATIONAL STRATIFICATION
By Irving Louis Horowitz
New York: Oxford University Press, 1972. Pp. xxx, 556. $15.00 (Paperback, $3.50).
reviewer: William O. Thweatt
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
BASIC DOCUMENTS IN INTERNATIONAL LAW Edited by Ian Brownlie-- London: Oxford University Press, 1972 (2d ed.). Pp. x, 284. $4.50.
LAW AND INTERNATIONAL LAW: A BIBLIOGRAPHY OF BIBLIOGRAPHIES By Theodore Besterman-- Totowa, New Jersey: Rowman and Littlefield, 1971. Pp. x, 436. $20.00.
CONFLICT ISSUES AND INTERNATIONAL CIVIL AVIATION DECISIONS: THREE CASES By Young W. Kih-- Denver: 1970-1971 Monograph Series in World Affairs, University of Denver, 1971. Pp. xi, 96. $1.00.
THE INTERNATIONAL COFFEE AGREEMENT: A STUDY IN COFFEE DIPLOMACY By Bart S. Fisher New York: Praeger Publishers, 1972. Pp. xx,287. $17.50.
LAW AND POLITICS IN OUTER SPACE: A BIBLIOGRAPHY By …
The Question Of Compensation: A Third World Perspective, Norman Girvan
The Question Of Compensation: A Third World Perspective, Norman Girvan
Vanderbilt Journal of Transnational Law
The question of compensation for expropriated property takes us, in many respects, to the heart of the relationship between the developed capitalist countries and the Third World. On no other subject is the gulf between the two--in interests, perspectives and position--potentially so great, nor so pregnant with passionate and violent conflict. The rules of international law, the principles of international economics and the science of international politics can help clarify the issues involved and provide arguments for the claims of contending parties. But they cannot yield solutions which are "neutral" or are free of value judgments and philosophical assumptions which …
Editor's Foreword, Harold G. Maier
Editor's Foreword, Harold G. Maier
Vanderbilt Journal of Transnational Law
This issue of the Vanderbilt Journal of Transnational Law includes two presentations to the 1972 Symposium of the Vanderbilt International Law Society and Regional Meeting of the American Society of International Law. First, Henry Harfield of the New York Bar discusses the relevance of international and transnational law to international commercial transactions, with a special emphasis on the usefulness of the Uniform Customs and Practices for Commercial Documentary Credits. Secondly, Sheldon S. Cohen, a member of the District of Columbia Bar and past Commissioner of Internal Revenue, focuses on the United States tax implications of changing currency values. While four …
Report On The Regional Meeting At The Vanderbilt University School Of Law, Harold G. Maier
Report On The Regional Meeting At The Vanderbilt University School Of Law, Harold G. Maier
Vanderbilt Journal of Transnational Law
This issue of the Vanderbilt Journal of Transnational Law includes two articles that are based on papers presented at the Regional Meeting by Henry Harfield and Sheldon Cohen. Both articles deal with current and timely questions in the international commercial field. As an introduction to those papers it may be useful to comment briefly on several of the more important questions that were raised during the panel discussion of the papers which closed the conference. This may be particularly helpful in view of the fact that Professor Friedmann's untimely death prevented him from completing the revision of his remarks for …
Revolutionary War, Guerilla Warfare, And International Law, Charles R. King
Revolutionary War, Guerilla Warfare, And International Law, Charles R. King
Case Western Reserve Journal of International Law
No abstract provided.