Law Commons^™

Fact And Fiction Concerning Multinational Labor Relations, John C. Shearer

Vanderbilt Journal of Transnational Law

This article briefly reviews the magnitude, nature, and growth of the foreign investments of American-based MNCs, especially those in the nine member countries of the European Community (EC), and summarizes the major union fears and aspirations that arise from the rapid growth in scope and power of MNCs. The article focuses on the realities and fantasies surrounding the prospects for multinational collective bargaining with MNCs, which is widely viewed as the most feasible means by which unions can protect their vital interests threatened by MNCs. Unfortunately, in discussions of this matter considerable fiction is often mixed with fact. Some observers …

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Faculty Scholarship

No abstract provided.

On Domesticating Giants: Further Reflections On The Legal Approach To Transnational Enterprise, A. A. Fatouros

Articles by Maurer Faculty

This article continues a line of inquiry begun long ago at the University of Western Ontario, at a time when transnational enterprise was dealt with under the heading of "direct private foreign investment." It picks up and develops certain points made in some relatively recent articles of mine, such as, The Computer and the Mudhut: Notes on Multinational Enterprise in Developing Countries (1971), 10 Columbia J. Transn'l. L. 325; Multinational Enterprise and Extraterritoriality (1972), 1 J. Contemporary Business (No. 4); and especially, Problemes et ethodes d'une reglementation des enterprises multinationales (1974), 101 J. Droit Int'l (Clunet) 495.

Erosion Of Trade Union Power Through Multinational Enterprises?, Hans Gunter

Vanderbilt Journal of Transnational Law

The present article explores the effects of the operations and growth of multinational enterprises (MNEs) on power, role, and legitimation of the trade unions within the national industrial relations systems in the industrialized countries of Western Europe and North America. This study neglects the effects of MNEs on international union cooperation and labor solidarity, which are dealt with in other contributions to this issue. This focus reflects the author's thesis that the main trade union concern and strategy in the countries in question is the integration of MNEs into the existing national industrial relations setting, while the development of border-crossing, …

Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining

Articles

In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …

Legal Aspects Of A United States Foreign Sports Policy, James A.R. Nafziger

Vanderbilt Journal of Transnational Law

The father of the modern Olympic Games, Baron Pierre de Coubertin, envisaged international athletic exchange as the "free trade of the future." No nation would regulate this trade to its political advantage. The Olympic Games, as well as other international political arenas, would be unpolluted by political currents. To a remarkable extent, considering the course of twentieth century history, these aspirations have been met. But athletic exchange, like other forms of human interaction, nevertheless remains exposed to sovereign intervention; a measure of politics is inevitable in any transnational activity, whether in the United Nations or a global convention of medieval …

Amended Article 1 Of Draft Protocol I To The 1949 Geneva Conventions: The Coming Of Age Of The Guerrilla, James E. Bond

Faculty Articles

This article asserts that Captain David Graham, writing in this issue of the Washington and Lee Law Review, savages amended Article 1 of draft Protocol I to the 1949 Geneva Conventions. Specifically, he attacks the Article on the following grounds: (1) it is politically motivated by third-worlders determined to remake international law according to their own preferences; (2) it is poorly drafted and therefore cannot be implemented effectively; and (3) it would legitimize wars of national liberation and lead to discriminatory treatment of combatants. These are serious charges, raised by a serious scholar, whose closeness to the subject and to …

A Retrospective Analysis Of United Nations Activity In The Congo And Its Significance For Contemporary Africa, Agola Auma-Osolo

Vanderbilt Journal of Transnational Law

U Thant's decision to take action against Katanga's secession--a decision that was welcomed by most African countries--must have been motivated, at least in part, by his Third World sympathies as well as his views as to the significance of chapter VII of the United Nations Charter. It was his positive attitude toward the Afro-Asian bloc, of which his own country is a member, that determined the decision U Thant made. Had U Thant been from the West, it is more likely that his decision would not have deviated from that of Hammarskjold...

With these experiences, it is therefore hoped that …

The Canada Business Corporations Act: Some Aspects Of Transnational Interest, Robert W.V. Dickerson, David L. Vaughan

Vanderbilt Journal of Transnational Law

With passage into law on March 24, 1975, of the Canada Business Corporations Act (CBCA) it is probably safe to say by way of provocative introduction that Canada has enacted the most modern corporation law in the English-speaking world. The Act is to be proclaimed in force at the end of December, 1975. Although the predecessor statute, the Canada Corporations Act, will remain in force, no new corporations may be incorporated under it.

Editor's Foreword, Charles G. Burr Editor-In-Chief

Vanderbilt Journal of Transnational Law

The Vanderbilt Journal of Transnational Law is a new undertaking at Vanderbilt Law School. The Journal is an outgrowth of the predecessor publication, The Vanderbilt International, which was established in 1967 as a bulletin of the Vanderbilt International Law Society. A number of factors, including increased student enrollment at the Law School and a growing awareness of global activities and problems, have facilitated the Journal's evolution into its present, expanded format. It is indeed appropriate that the lead article of the new publication should be authored by Judge Philip C. Jessup, who has long been the foremost advocate in the …

The Regulation Of Transnational Sports Competition: Down From Mount Olympus, James A.R. Nafziger

Vanderbilt Journal of Transnational Law

This article seeks first to identify the behavioral and organizational characteristics, and to clarify the shared goals of transnational sports competition. Against this background, the article will examine the formal characteristics of decision-making within the Olympic Movement, whose quadrennial Games provide the most highly developed for a for these events. Finally, four case studies are used to evaluate the Olympic organization's performance--that is, the efficacy of relevant policies, rules and procedures that are available to decision-makers to achieve the shared goals of the organization. Several modest proposals are advanced. Aside from these, however, a comprehensive prescription of alternative policies, rules …

The Protection Of Art In Transnational Law, Alan Marchisotto

Vanderbilt Journal of Transnational Law

Over the years, governments have been faced with preservation problems posed by war, theft and uncontrolled access to cultural sites. In addition, they have become increasingly sensitive to the unrestricted exodus of culturally important works of art. Their attempts to deal with these problems have raised serious questions about the nature of state responsibility in this field, about the criteria employed to define a particular cultural heritage and to classify certain work as falling within it, and about the right of nations to claim exclusive control of designed works of art. The difficulty in answering these questions has been compounded …

Comments On The Bremen V. Zapata Off-Shore Co., Journal Staff

Vanderbilt Journal of Transnational Law

The Bremen v. Zapata Off-Shore Co., by bringing domestic law more into harmony with international custom and comparative practice, represents a step in the development of uniformity in transnational law. For this reason the Journal invited the following comments. Professors Charles L. Black, Jr., Robert Leflar and Harold G. Maier explore various aspects of this highly significant case.

Establishing Minimum Compensation Criteria For Use In Expropriation Disputes, Roger C. Wesley

Vanderbilt Law Review

The basic criteria suggested in this article are not intended to be exclusive determinative factors, and in most cases, mitigative considerations will continue to play a dominant role. It is hoped, however, that the present analysis will spur the organized initiation of additional proposals on standards and criteria, not only by executive departments and parliamentary chambers, but also by organized bar groups and other representatives of the private sector. The cumulative effect of new proposals hopefully will be the positive enlargement of rule of law considerations in expropriation disputes by a draft convention on investment protection, which to date has …

The Origins Of Ambivalence In Transnational Norms, Frederick O. Bonkovsky

Vanderbilt Journal of Transnational Law

Grotius' magnum opus of 1625, "De Jure Belli ac Pacis", represented the culmination and summary of Western international norms through the 17th century. But Grotius' explicit statement of international mores in legalized terms marked a departure from medieval thought. By secularizing natural law and, more importantly, by recognizing the new international system of the sovereign nation-states, Grotius made major alterations in transnational theory, thus earning the sobriquet, "father of international law."

As will be seen, however, a serious ambivalence marked Grotius' views. His modernity was demonstrated most notably in his recognition that international politics was the province of a number …

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. …

Proposed Revisions To The Law Of War Applicable To Internal Conflict, James E. Bond

Faculty Articles

This article features a careful analysis of the law of armed conflict as it applies to internal disputes. It also provides detailed proposals for modifications in the law of war to encompass the difficult problems of human rights involved in internal disputes.

Espionage In Transnational Law, Leslie S. Edmondson

Vanderbilt Journal of Transnational Law

Traditionally, spies have been defined as "secret agents of a State sent abroad for the purpose of obtaining clandestinely information in regard to military or political secrets." Older authorities have stated emphatically that the gravamen of espionage is the employment of disguise or false pretense. Such deception has been the justification for visiting the severest of penalties upon the captured spy. Curiously, however, the employment of spies has not been considered reprehensible conduct. The refusal to officially acknowledge the commissioning of a spy operated to relieve the government of any responsibility either to the offended state or to the secret …

Dam: The Gatt, Law And International Economic Organization, Carl H. Fulda

Michigan Law Review

A Review of The GATT, Law and International Economic Organization by Kenneth Dam

Internal Conflict And Article Three Of The Geneva Conventions, James E. Bond

Faculty Articles

This article suggests that the laws of war should apply to internal conflicts. The legislative history of the present rules of war began in draft agreements before formally being expressed in international compacts, and that internal conflicts observe similar rules has also been advocated by scholars in draft agreements. It appeared in limited form Article Three of the 1949 Geneva Convention, which gives hope that something tangible will be developed by the United Nations to protect vulnerable populations during internal conflicts. The article continues that in the meantime Article Three should be utilized as a diplomatic tool to hold countries …

Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein

Michigan Law Review

The term "recognition" has many meanings. We speak in family law of a "recognized child," in public international law of recognizing a newly emerged state or newly installed government, and in private international law (conflict of laws) of recognizing foreign judgments or legal persons. In both public and private international law, it is the nation-state that grants or denies recognition. In public international law, the "recognizing" nation-state expresses "a value judgment acknowledging that a given fact situation is in accord with the exigencies of the international legal order." In private international law (or conflict of laws), on the other hand, …

Book Review. Why Federations Fail: An Inquiry Into The Requisites For Successful Federalism, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Expression Of Democracy: Local Elections In Petorca, Chile, Peter S. Cleaves, Eugene V. Matta

Vanderbilt Journal of Transnational Law

The municipal elections of Chile were held on April 2,1967. On April 3, in Santiago, spokesmen from the national committees of the five major parties --the Christian Democrats, the Radicals, the Communists, the Nationalists, and the Socialists--all proclaimed that the results showed that their political aggregation had been victorious on the previous day. The debate concerning who had won the election raged for several weeks in the press, in Congress and in spirited social conversation. The Christian Democrats argued that although their percentage of the national vote dropped from forty-two per cent to thirty-five per cent, they had increased their …

Foreign Investment Protection: A Reasoned Approach, Earl Snyder

Michigan Law Review

The main purpose in protecting private foreign investment is to encourage capital to move to newly developing nations in spite of serious, existing non-business risks. These risks are (1) the political risk (outright and "creeping" expropriation), (2) the transfer risk ( currency controls and inconvertibility of funds), and (3) the calamity risk (insurrection, revolution, war, etc.). But why encourage this? Why should an affluent, powerful nation seek, in effect, to transport overseas some of its affluence and power? Why--in the case of the United States-should encouragement be given to that which may, according to some, tend to tip still more …

The War Crimes Trial: A Second Look, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Moskowitz: Human Rights And World Order. The Struggle For Human Rights In The United Nations, Egon Schwelb

Michigan Law Review

A Review of Human Rights and World Order. The Struggle for Human Rights in the United Nations. By Moses Moskowitz.

Jessup: Transnational Law, Eric Stein

Michigan Law Review

A Review of Transnational Law. By Phillip C. Jessup.

Appeal And Error-Eisler's Flight And The Case And Controversy Question, Albert B. Perlin, Jr. S.Ed.

Michigan Law Review

The United States Supreme Court granted certiorari to review a federal court conviction on a charge of contempt of Congress. Pending determination of the appeal, appellant was released on bail and, after argument on the merits but before a decision had been rendered, he wrongfully fled the country. Subsequently the Attorney General notified the Court that appellant had been apprehended in England at the request of the Secretary of State and that a court of competent jurisdiction there found that appellant was not guilty of an extraditable offense under English law. The Court of its own motion then considered the …

Conflict Of Laws-Application Of Estoppel To Invalid Divorces-Mexican "Mail Order" Divorce, Charles E. Becraft S.Ed.

Michigan Law Review

Plaintiff and defendant, who wished to marry, persuaded defendant's wife to agree to a Mexican "mail order" divorce. The spouses executed and delivered powers of attorney to counsel residing in Mexico, where a divorce was granted and the decree mailed back to New York. Neither of the parties went to Mexico, nor did the decree of the Mexican court recite presence or domicile of either spouse. Upon learning that the decree had been granted, plaintiff and defendant were married in Virginia and then returned to New York, their state of domicile. In 1946, the plaintiff commenced this action, asking for …

The Committee To Frame A World Constitution: Preliminary Draft Of A World Constitution, Michigan Law Review

Michigan Law Review

A Review of PRELIMINARY DRAFT OF A WORLD CONSTITUTION. By The Committee to Frame a World Constitution.