Law Commons^™

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

Faculty Works

No abstract provided.

Command Criminal Responsibility: A Plea For A Workable Standard, William G. Eckhardt

Faculty Works

A major revision of the law of war is in process. The unusual timing of historical and political events requires Americans to seek a practical articulation of the standard of behavior expected of their combat commanders. The purpose of this article is to constructively participate in that search.

The cornerstone of military professionalism is professional conduct on the battlefield. The articulation of that professional conduct, in addition to underscoring the legitimacy of the honorable profession of arms, would shield commanders from untutored, politically motivated allega­tions of war crimes and, more importantly, would allow the teaching of expected conduct and thus …

The Separate Entity Fiction Exposed: Disregarding Self-Serving Recitals Of Juridical Autonomy In Nationalization Cases, Aris Haigian

Fordham International Law Journal

This Note presents the factual setting in which the instant claim arose, and discusses the rulings of the lower courts and the conflicting rationales in light of existing law. In conclusion, it proposes a balancing test incorporating the relevant criteria for consideration in this and like cases.

Territorial Claims As A Limitation To The Right Of Self-Determination In The Context Of The Falkland Islands Dispute, Alejandro Schwed

Fordham International Law Journal

This Note will trace the development and present status of the right to self-determination under international law and its applicability to the decolonization of the Falkland Islands. No attempt will be made to determine whether Argentina's claim to sovereignty over the Islands is valid. The focus will be, rather, on whether the right of self-determination as set out by the United Nations can be limited and superseded by competing territorial claims.

The Spanish Constitution Of 1978: Legislative Competence Of The Autonomous Communities In Civil Law Matters, Juan C. Palau, Jose W. Fernandez

Vanderbilt Journal of Transnational Law

The Spanish Constitution of 1978 had to deal with the issues that emerged with the advent of a democratic regime following the death of General Francisco Franco in 1975. Political pluralism, the relationship between church and state, and the official language of the Spanish state were among the dilemmas facing the Constitutional Commission. Yet the historically sensitive issue of the autonomy of the Spanish regions proved to be the most troublesome. Title VIII of the Constitution provides a political compromise in resolution of this issue although scholars and politicians, including some constitutional draftsmen, have criticized the ambiguity of this title. …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

Utilization of Outer Space and International Law

Gijsbertha C.M. Reijnen.

Amsterdam and New York: Elsevier Scientific Publishing Company, 1981. Pp. 179, $69.75.

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International Estate Planning

William H. Newton, III.

Colorado Springs: Shepard's/McGraw-Hill Company, 1981. Pp. 614.

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International Tax Avoidance and Evasion, Colloquy of the Council of Europe, Strasbourg, 1980

Publication 31, Publications of the International Bureau of Fiscal Documentation Amsterdam: International Bureau of Fiscal Documentation, 1981. Pp.184, Dfl. 65.00.

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Fiscal Reform in Bolivia: Final Report on the Bolivian Mission on Tax Reform Richard A. Musgrave

Cambridge: Harvard Law School International Tax Program, 1981. Pp. 593, …

Admiralty Litigation In Perpetuum: The Continuing Saga Of Package Litigation And Third World Delivery Problems, Chester D. Hooper, Keith L. Flicker

Fordham International Law Journal

Certain admiralty cargo issues are litigated frequently, often in search of a magical test which will preclude all further litigation. Three such issues are package limitations, the burden of proving the condition and quantity of cargo stowed within containers, and the point at which the ocean carrier delivers cargo at discharge and thus completes its duties under the contract of carriage. Despite the frequency with which these issues have been litigated, significant disagreement remains among the circuit courts as to their proper resolution. This article will examine the current state of judicial uncertainty in these areas and the indications given …

Argentina's System Of Foreign Investments, Enrique Dahl

Fordham International Law Journal

The purpose of this article is to provide the practitioner with an understanding of Argentina's foreign investment norms, supply some general information related to this area and, whenever possible, explain how the authorities have applied the law to specific cases. A discussion of the Anglo-Argentine South Atlantic confrontation and its effect on foreign investment is included.

Persecution Abroad As Grounds For Withholding Deportation: The Standard Of Proof And The Role Of The Courts, Edward A. Smith Iii

Fordham International Law Journal

The immigration laws of the United States have long recognized a policy against deporting a person who seeks refuge in the United States, when it appears that person would be subject to persecution following deportation. The Immigration Act of 1952 permitted the Immigration and Naturalization Service to withhold the deportation of any person who could show that he would suffer persecution in the nation to which he would be deported. A similar provision is contained in the UN Protocol Relating to the Status of Refugees. The INS and the courts, having ruled that “no real conflict” existed between the Protocol …

Rejecting The Theism Test In England And The United States In Property Tax Exemption Cases, John E. Jenkins

Fordham International Law Journal

This Note will examine the tax exemption for property used in religious worship in its English and American settings. Analysis of the scope of the exemption in England will review the history of the exemption and its present application. The discussion of the exemption in the United States will focus on constitutional considerations. The theism test will also be considered in light of the principles underlying the exemption in both countries. The Note will conclude by recommending the analogy test for both England and the United States as an alternative to the theism test.

Commercial Dispute Settlement In China-United States Trade: Conciliation In Perspective, Denis Woychuk

Fordham International Law Journal

This Note analyzes the Chinese approach to commercial dispute settlement in the context of international contracts. Part I examines article VIII, the dispute settlement portion of the Trade Agreement, and the Chinese procedures for private dispute settlement. Part II discusses the problems of legal uncertainty that exist in the Chinese approach and the prospect of emerging Chinese law. Part III discusses the current importance of conciliation in Chinese dispute settlement, presents a case study of an actual joint conciliation conducted in China, and evaluates the results.

The Separate Interests Test: A New Hurdle In Foreign Entity Classification, Diane Francesca Krausz

Fordham International Law Journal

The application of the separate interests test has thus far been attempted only with foreign entities; its acceptance in light of the recent Ninth Circuit decision in the MCA case remains uncertain. In domestic entity classifications, a mechanical analysis continues to be utilized. This Note will introduce the separate interests test, discuss its inconsistencies, and demonstrate how its application may lead to a different result. It will then explore the implications of applying the test retroactively and exclusively to foreign entities. Because the problem addressed by the application of the separate interests test could be more effectively resolved by legislative …

Terrorism As A Tort In Violation Of The Law Of Nations, Eileen Rose Pollock

Fordham International Law Journal

Part 1 of this Note will attempt a definition of terrorism to determine whether the Tel-Oren attack was a terrorist act. Part II will discuss whether terrorism is a tort in violation of the law of nations for purposes of Alien Tort Statute jurisdiction. Part III will examine United States cases interpreting the term "violation of the law of nations" in the Alien Tort Statute and will then analyze the district court's opinion in Tel-Oren, particularly its holding that Alien Tort Statute jurisdiction requires that the law of nations or a treaty confer a private right of action upon individuals. …

P. Postlewaite & M. Collins, International Individual Taxation, Mark I. Cohen

Fordham International Law Journal

This is a book review of International Individual Taxation by Postlewaite and Collins. The author argues that the book is an important addition to the tax library of novice and professionals alike.

Banks And The Export Trading Company Act Of 1982, Cary Ferchill

Fordham International Law Journal

The changes in United States antitrust laws effected by the Export Trading Company Act of 1982 have received the greatest public attention, probably because of the highly unusual procedure for antitrust immunity certification and the changes in United States antitrust jurisdiction. Given the history of banking law in the U.S, however, the bank investment provisions may prove to be revolutionary. This article will address exclusively the changes in the U.S. banking laws under the Act [The Export Trade Company Act of 1982] and the relevance these changes have on the banking business.

Expanding The Jurisdictional Basis For Transnational Securities Fraud Cases: A Minimal Conduct Approach, Edward A. Taylor

Fordham International Law Journal

This Note examines subject matter jurisdiction in transnational securities fraud cases. The approaches adopted by the circuit courts and the Draft Restatement are critically analyzed, and the language and purpose of the Act are reviewed. A new test for determining subject matter jurisdiction in a United States forum is proposed, which will result in a greater protection of American and foreign investors who purchase and sell securities abroad.

The Foreign Agents Registration Act: A New Standard For Determining Agency, Yuk K. Law

Fordham International Law Journal

This Note will give an overview of the development, operation and enforcement of FARA. It will then discuss the INAC case and the confusion it is likely to cause among voluntary groups as to their duty to register under FARA. This Note will also discuss how the INAC informative purposes standard will exacerbate current problems in administering FARA. Lastly, this Note will recommend that the INAC standard not be followed.

United Nations Financing Of The Law Of The Sea Preparatory Commission: May The United States Withhold Payment?, Patrick J. Hynes

Fordham International Law Journal

In this Note, the legal basis of the United States position will be evaluated. After an overview of the events surrounding the controversy, the sources of the General Assembly's budgetary and apportioning authority and the United Nations' budget procedures will be considered. There will follow a discussion of an International Court of Justice advisory opinion upon which both the United States and its opponents rely. Finally, the financial arrangement between the United Nations and the Preparatory Commission (Commission) will be examined in light of the formal relationship between those two bodies.

Forum Non Conveniens And Foreign Plaintiffs: Addressing The Unanswered Questions Of Reyno, Maria A. Mazzola

Fordham International Law Journal

This Note explores the current, law regarding forum non conveniens for foreign plaintiffs and examines the law in light of Friends for All Children, Inc. v. Lockheed Aircraft Corp.8 (the Babylift case), which was recently decided by the United States Court of Appeals for the District of Columbia.

The American Convention On Human Rights: Toward Uniform Interpretation Of Human Rights Law, Timothy M. Mccann

Fordham International Law Journal

This Note explores the sources of law available to the Inter-American Commission and Court. The structure and jurisdiction of the European system for protecting human rights and their relation to the American system are examined first. This Note then reviews some case law and interpretation procedures of the European system and the International Court.

Executive Agreements In The Aftermath Of Weinberger V. Rossi: Undermining The Constitutional Treaty-Making Power, Julie E. Arnold

Fordham International Law Journal

This Note suggests limiting the use of international agreements which are not treaties. To accomplish this, it determines the proper limits of executive agreements and establishes a procedure by which courts should analyze their constitutional validity.

Characterizing Nationalizations For Purposes Of The Foreign Sovereign Immunities Act And The Act Of State Doctrine, George Kahale, Iii

Fordham International Law Journal

This article will review the traditional approach to nationalization and assess the new theories in light of the FSIA [the Foreign Sovereign Immunities Act of 1976], Alfred Dunhill, Inc. v. Republic of Cuba, 425 U.S. 682 (1976) [Dunhill], and recent case law.

Table Of Contents - Issue 1, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Probable Cause And Provisional Arrest Under Certain Extradition Treaties: Caltagirone V. Grant, Leslie R. Carter

North Carolina Journal of International Law

No abstract provided.

National Regulation Of Transborder Data Flows, Mark B. Feldman, David R. Garcia

North Carolina Journal of International Law

No abstract provided.

Subject, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

The Customs Courts Act Of 1980 - Pub. L. No. 96-417, 94 Stat. 1785 (To Be Codified In Scattered Sections Of 19 And 28 U.S.C.), Eugene C. Brooks Iv

North Carolina Journal of International Law

No abstract provided.

Foreign Direct Investment In U.S. Real Estate: A Survey Of Federal And State Entry Level Regulation, Mary Patricia Azevedo

North Carolina Journal of International Law

No abstract provided.

International Banking Facilities, Andrew B. Blasi

North Carolina Journal of International Law

No abstract provided.

The Harvest Of Sabbatino: Vishipco Line V. Chase Manhattan Bank, Brett R. Turner

North Carolina Journal of International Law

No abstract provided.