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Full-Text Articles in Law
The Status Of The Law Of Nations In Early American Law, Stewart Jay
The Status Of The Law Of Nations In Early American Law, Stewart Jay
Vanderbilt Law Review
A perennial issue is the relationship of international law to the domestic law of the United States. The question appears in various con-texts, but in each the central problem is determining whether the body of customary international law is binding on the national and state governments. Discussions about this subject inevitably lead to consideration of separation of powers at the national level. If the United States may depart from international law, which branch of government has the power to do so? If one branch transgresses international law, is this action binding on the others?' For example, a recent case examined …
Intellectual Property Rights: The Issues In Gatt, David Hartridge, Arvind Subramanian
Intellectual Property Rights: The Issues In Gatt, David Hartridge, Arvind Subramanian
Vanderbilt Journal of Transnational Law
This Article examines the need for a multilateral framework to address the trade-related aspects of intellectual property rights (TRIPs). The authors trace the growing importance of TRIPs from its emergence at the Tokyo Round in 1978 to its present state as a major focus of multilateral negotiations at the Uruguay Round. A detailed discussion of existing GATT provisions and their relevance to intellectual property rights follows. The authors then describe the four major substantive issues related to TRIPs that are before the Negotiating Group: substantive standards of intellectual property protection; procedures for the enforcement of intellectual property protection; dispute settlement …
Book Review, Michael C. Doland
Book Review, Michael C. Doland
Vanderbilt Journal of Transnational Law
The book is divided into two parts. The first part addresses those subjects that the Foreign Sovereign Immunities Act covers in detail, including the definition of foreign states and foreign government-owned corporations, judicial competence, jurisdiction, immunity, service of process, venue, and execution of judgments. The second part addresses those subjects that the Act covers in a cursory fashion, including burden of proof, rights of discovery, available remedies, and jury trials. In addition, the book treats those topics that received virtually no discussion under the Foreign Sovereign Immunities Act but that are essential to its understanding and enforcement, including the act …
Book Review: Right V. Might--International Law And The Use Of Force, Erik M. Jensen
Book Review: Right V. Might--International Law And The Use Of Force, Erik M. Jensen
Vanderbilt Journal of Transnational Law
Right V. Might contains much of interest, and it is a useful primer. But it is not helpful as a guide to national behavior. The amoralistic positions of many of its contributors are not ones that the United States, or any other states concerned with principle, should adopt. The United Nations Charter, narrowly construed, is not a moral document. While few seriously advocate the Charter's repudiation, moral discourse would not be harmed by such an act, and life would go on with states acting largely, although not entirely, on the basis of perceived self-interest. Professor Henkin uses doomsday rhetoric to …
Recent Decision, Mark D. Pethke
Recent Decision, Mark D. Pethke
Vanderbilt Journal of Transnational Law
By directing courts to focus on the narrow question of whether the validity of a sovereign act is at issue, the Court clears some of the confusion that has arisen over the scope of the doctrine. It is no longer sufficient for courts to cite the mere possibility of embarrassment to foreign governments as a rationale for applying this doctrine when those governments' acts are not at issue. This opinion overrules Hunt and Clayco and their progeny.' In reminding courts that they possess "the power, and ordinarily the obligation, to decide cases and controversies properly presented to them," 'the Court …
Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt
Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt
Vanderbilt Journal of Transnational Law
This Essay discusses the merits of the dispute settlement provisions found in the 1982 United Nations Convention on the Law of the Sea, and calls for recognition and utilization of the provisions in all manner of disputes arising within the international legal community. Professor Kindt notes that despite the fact that the Convention's dispute settlement provisions represent the first time all major interest blocs of states have agreed upon a standard set of provisions for dispute settlement, the provisions have not received the attention they deserve. After analyzing the reasons for this lack of consideration, he urges that the dispute …
Interference With Non-National Ships On The High Seas: Peacetime Exceptions To The Exclusivity Rule Of Flag-State Jurisdiction, Robert C.F. Reuland
Interference With Non-National Ships On The High Seas: Peacetime Exceptions To The Exclusivity Rule Of Flag-State Jurisdiction, Robert C.F. Reuland
Vanderbilt Journal of Transnational Law
Pursuant to the exclusivity rule of flag-state jurisdiction, a ship on the high seas is subject to the exclusive jurisdiction of the state whose flag she lawfully flies. Conversely, a state may not ordinarily interfere with those ships registered under the laws of another state. International law makes exception to this general rule in certain discrete circumstances. When such an exception exists, a state may lawfully stop, visit, search, and arrest a non-national ship on the high seas--a right normally reserved to the flag-state alone. These exceptions to the exclusivity rule of flag-state jurisdiction form the subject matter of this …
Japan's East China Sea Ocean Boundaries: What Solutions Can A Confused Legal Environment Provide In A Complex Boundary Dispute?, Kendrick F. Royer
Japan's East China Sea Ocean Boundaries: What Solutions Can A Confused Legal Environment Provide In A Complex Boundary Dispute?, Kendrick F. Royer
Vanderbilt Journal of Transnational Law
This Note addresses the ocean boundary delimitation conflict between Japan, China, Taiwan, and South Korea in the East China Sea. The author considers international law on boundary delimitation and concludes that the law is unclear on delimitations between states within four hundred nautical miles of one another. The International Court of Justice has held that equity is the norm to be applied to boundary delimitation disputes but it has not resolved the competition between the natural prolongation theory of delimitation and a theory based upon the Exclusive Economic Zone. The geology of the East China Sea brings this issue to …