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Articles 1 - 11 of 11
Full-Text Articles in Law
Multiple Jurisdiction--Will It Save Or Destroy The Oceans? Political Analysis Of A Legal Problem, Charles F. Doran
Multiple Jurisdiction--Will It Save Or Destroy The Oceans? Political Analysis Of A Legal Problem, Charles F. Doran
Vanderbilt Journal of Transnational Law
The recent trend of claims to the ocean and its riches has led far beyond the liberal twelve nautical mile territorial sea limit that the United States is prepared to recognize. In particular, two documents, the Declaration of Santo Domingo, proposing a "patrimonial sea" of 200 miles, and the draft articles on an "exclusive economic zone" of 200 miles submitted by Kenya, are likely to find much favor at the substantive session of the Third Law of the Sea Conference to be held at Caracas in the summer of 1974. Emerging from conflicts of interest, which have gradually eroded the …
French Nuclear Testing And Article 41--Another Blow To The Authority Of The Court?, Jerome B. Elkind
French Nuclear Testing And Article 41--Another Blow To The Authority Of The Court?, Jerome B. Elkind
Vanderbilt Journal of Transnational Law
On the 23rd of July 1973, at 9:00 a.m. New Zealand time, members of the crew of the New Zealand vessel, Otago, witnessed a nuclear explosion on one of the islands in the Mururoa atoll. The blast, a small one in the low kiloton range, marked the beginning of the eighth series of French atmospheric nuclear tests, which have been conducted in the Pacific since July 1966 when France moved its nuclear test site from the Reggane Firing Ground in the Sahara. Since that time the French nuclear tests have been a perennial sore spot in the diplomatic relations between …
Recent Developments, Charles A. Schliebs
Recent Developments, Charles A. Schliebs
Vanderbilt Journal of Transnational Law
The traditional American "locality" test' for admiralty tort (subject-matter) jurisdiction, which posits the occurrence of the tort on navigable waters as the controlling factor, has suffered mounting criticism through the years because it has resulted in unwarranted expansion of admiralty jurisdiction. Numerous federal courts consequently have suggested the need of an additional requirement that the claim involve some sort of traditional maritime activity to invoke admiralty jurisdiction. The Supreme Court, however, used only the locality test prior to deciding Executive Jet Aviation, Inc. v. City of Cleveland, in which the Court found both the historical requirement of locality and a …
The Statutory Proposal To Regulate The Jurisdictional Immunities Of Foreign States, R. Lee Bennett
The Statutory Proposal To Regulate The Jurisdictional Immunities Of Foreign States, R. Lee Bennett
Vanderbilt Journal of Transnational Law
In January 1973, the Departments of State and Justice submitted to Congress a draft bill that defines the jurisdictional immunities of foreign states in United States courts. This draft legislation represents a major shift in the State Department's posture on the substantive and procedural issues of sovereign immunity that will undoubtedly stir considerable controversy within the international bar during its examination by Congress.
A survey of current United States practice regarding the immunity of foreign states reveals that reform is mandatory. At present the determination whether a foreign state is entitled to jurisdictional immunity is made by the courts, whose …
Recent Treaties And Statutes, Donald C. Van Pelt, Jr., George H. Carnall Ii
Recent Treaties And Statutes, Donald C. Van Pelt, Jr., George H. Carnall Ii
Vanderbilt Journal of Transnational Law
The Single Convention on Narcotic Drugs, 1961, constituted a major step toward international acceptance of responsibility for the control of licit and illicit drug traffic. The Single Convention achieved a unified codification4 of existing multilateral treaties in the field' and created the International Narcotics Control Board (INCB), center of illicit traffic...In an effort to carry out the principle of limiting the use of narcotic drugs to medical and scientific purposes, the Narcotics Convention of 1931 required noncontracting parties as well as parties to the Convention to furnish annual advance estimates of narcotics needed for these purposes. These estimates were examined …
Recent Decisions, Alan L. Marchisotto, W. H. Schwarzschild Iii, Mark M. Greisberger, Richard P. Granfield, Donald B. Cameron, Jr., Isaac H. Braddock, David A. Boillot
Recent Decisions, Alan L. Marchisotto, W. H. Schwarzschild Iii, Mark M. Greisberger, Richard P. Granfield, Donald B. Cameron, Jr., Isaac H. Braddock, David A. Boillot
Vanderbilt Journal of Transnational Law
Recent Decisions
ADMIRALTY--COGSA--BILL OF LADING CARGO DESCRIPTION AND PACKER IDENTITY DETERMINE WHEN A CONTAINER IS A PACKAGE IN COGSA LIABILITY PROCEEDINGS
Alan L. Marchisotto
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ADMIRALTY--JURISDICTION OVER AVIATION TORT CLAIMS--ADMIRALTY JURISDICTION DOES NOT EXTEND TO AVIATION TORT CLAIMS IN THE ABSENCE OF A SIGNIFICANT RELATIONSHIP BETWEEN THE TORT AND TRADITIONAL MARITIME ACTIVITIES
W. H. Schwarzschild III
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ALIENS--ALIENS MAY MAINTAIN A CAUSE OF ACTION FOR PRIVATE EMPLOYMENT DISCRIMINATION UNDER 42 U.S.C. § 1981 (1970)
Mark M. Greisberger
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ANTITRUST--ARTICLE 86 OF THE EEC TREATY APPLIES TO CERTAIN CHANGES IN INTERNAL CORPORATE STRUCTURE
Richard P. Granfield
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CONSTITUTIONAL LAW--EXECUTIVE POWER--PRESIDENTIAL AUTHORITY …
Recent Decisions, Patricia D. Owen, Jeffery R. Rush, Frank R. Krok, Paul P. Sanford, Edward N. Perry, Edward A. Betancourt
Recent Decisions, Patricia D. Owen, Jeffery R. Rush, Frank R. Krok, Paul P. Sanford, Edward N. Perry, Edward A. Betancourt
Vanderbilt Journal of Transnational Law
Admiralty--Workmen's Compensation--Receipt of Benefits under State Workmen's Compensation Act containing Exclusive Remedy Provision does not Bar Subsequent Action against Employer for Unseaworthiness
Patricia D. Owen
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Common Market--Council Regulations--Regulation Stake Precedence over Provisions of Member States' Constitutions
Jeffery R. Rush
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Discovery--Aid to Foreign or International Tribunals--United States Courts can Compel Testimony only on Behalf of Foreign or International Tribunals Empowered to make Binding Adjudications
Frank R. Krok
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Extradition--Statute of Limitations--mere Absence is not Equivalent to Fleeing from Justice under 18 U.S.C. § 3290
Paul P. Sanford
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International Court of Justice--Procedure Temporary Relief in the Form of Interim …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ACT OF STATE ACT OF STATE
Doctrine precludes Payment of Insurance Policy's Cash Surrender Value in Contravention of the Law of the Nation Governing the Contract
2. ADMINISTRATIVE LAW
Secretary of the Interior may suspend Gas and Oil Leases to Conserve Maritime Natural Resources
3. ADMIRALTY
Libel in Rem against Vessel demise Chartered to the United States is not within Court's Jurisdiction under Suits in Admiralty Act when Ship is Outside United States Territorial Waters
Status as Crew Member of and a Relatively Permanent Connection with a Floating Structure required for Recovery Under the Jones Act
Employer may not …
Recent Decisions, Dennis L. Bryant, Kurt H. Decker, Paul S. Parker, Charles M. Jackson, Daniel A. Green, Douglass H. Mori
Recent Decisions, Dennis L. Bryant, Kurt H. Decker, Paul S. Parker, Charles M. Jackson, Daniel A. Green, Douglass H. Mori
Vanderbilt Journal of Transnational Law
ADMIRALTY--NON-LIEN MARITIME CLAIM--SALVOR WAIVED SALVAGE LIEN BY SEIZING VESSEL PRIOR TO EXPIRATION OF AGREED PAYMENT PERIOD BUT SALVAGE CLAIM COULD BE SATISFIED FROM REMNANTS AND SURPLUS
Dennis L. Bryant Lt., US. Coast Guard
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COMPTROLLER GENERAL--ATTORNEY GENERAL'S OPINION BINDING ON COMPTROLLER GENERAL IN EXIMBANK CREDIT EXTENSIONS TO COMMUNIST COUNTRIES
Kurt H. Decker
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FOREIGN RELATIONS LAW--ACQUISITION OF CONTROL OF DOMESTIC MULTINATIONAL CORPORATION BY A WHOLLY OWNED FOREIGN GOVERNMENTAL CORPORATION DOES NOT PER SE CREATE AN UNREASONABLE CONFLICT OF INTEREST BETWEEN THE OBJECTIVES OF THE ACQUIRER AND ITS DUTIES TO THE DOMESTIC CORPORATION AND ITS SHAREHOLDERS; NOR IS THE ACQUISITION CONTRARY …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY
STOWAGE OF CONTAINERIZED CARGO ABOVE-DECK IS NOT AN UNREASONABLE DEVIATION FROM A CLEAN BILL OF LADING UNLESS BELOW-DECK STOWAGE IS ORDINARILY CONTEMPLATED
EMPLOYEE TEMPORARILY ASSIGNED AS CREWMAN IN MOTORBOAT IS NOT A JONES ACT SEAMAN
UNITED STATES CAN CHARGE A BERTHING AGENT'S BOND FOR THE UNCOLLECTED DUTY OF A SHIP WHICH WAS HANDLED AT THE AGENT'S DOCK AND REPAIRED ABROAD
TAX ON NONMUNICIPAL PILOTS DOES NOT MAKE THE USE OF PORT PILOTS COMPULSORY
FREE STANDING ELECTRICAL TRANSFORMER ATTACHED TO SKID DOES NOT CONSTITUTE A PACKAGE WITHIN COGSA
2. ALIEN'S RIGHTS
ALIENS MAY BE EXCLUDED FROM GRAND AND PETIT …
The Development Of A United States Approach Toward The International Court Of Justice, Philip C. Jessup
The Development Of A United States Approach Toward The International Court Of Justice, Philip C. Jessup
Vanderbilt Journal of Transnational Law
This article is not designed as a history of the International Court of Justice, nor as a legal analysis of the way in which the Court functions. Rather, the purpose is to describe the attitude of the United States, i.e., the Department of State, toward the actual use of the Court in a variety of situations, some of which involved important interests of the United States and others of which did not. The concentration in this article is on the jurisdiction of the Court to give advisory opinions, since it is in connection with proposals to request such opinions that …