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Full-Text Articles in Law
International Banking Secrecy: Developments In Europe Prompt New Approaches, Richard J. Gagnon Jr.
International Banking Secrecy: Developments In Europe Prompt New Approaches, Richard J. Gagnon Jr.
Vanderbilt Journal of Transnational Law
The frequent connection between banking secrecy and various corrupt political and business practices has drawn considerable attention from non-secrecy states. In Europe, the issue presently is ripe because of the European Community's plans for a unified economy in 1992. This Note begins with a moral and historical examination of banking secrecy. Then, the author reveals the banking practices and legal structures through which banking secrecy is exploited. The author next sets forth the substantive banking secrecy laws of four European states and attempts to surmise the direction of their policies regarding banking secrecy. Next, the author describes past attempts, both …
Book Review, Igor I. Kavass
Book Review, Igor I. Kavass
Vanderbilt Journal of Transnational Law
The Documentation Office for East European Law at the University of Leyden in the Netherlands is one of the most prominent and active research institutions in the West dedicated to the study of the laws and legal systems of socialist countries. Established in 1953 for the purpose of gathering and interpreting information about legal developments in the socialist countries, the Documentation Office is reputed to have now one of the most comprehensive collections of rare and generally inaccessible documents in its area of specialization. This collection attracts researchers from around the world. The staff of the Documentation Office is widely …
The European Community, The United States, And Ireland: An Intermesh Of Statutory Provisions, Finbarr Murphy
The European Community, The United States, And Ireland: An Intermesh Of Statutory Provisions, Finbarr Murphy
Vanderbilt Journal of Transnational Law
This Article will outline the effects that Ireland's membership in the European Community has had on direct investment by United States corporations in Ireland. The Article begins with a survey of the diplomatic, commercial, and economic links between the United States and Ireland, and then examines the relationship between the United States and the European Community. The third section reviews the legal and constitutional aspects of Irish membership in the European Community and outlines the new legal and economic order of which Ireland has become a member. Last, the Article examines the effect that Ireland's membership in the European Community …
Book Review, Robert C. Effros
Book Review, Robert C. Effros
Vanderbilt Journal of Transnational Law
Mr. Crossick and Ms. Lindsay have collaborated to produce an analytical work entitled European Banking Law. The analysis is composed of four main sections: banking, credit, capital movement, and securities. Each section contains a description of the applicable major laws and regulations in the countries of the European Economic Community (EEC) as well as Portugal and Spain, and includes a summary of the relevant EEC directives and their supporting studies. On the whole, the authors' product is successful and useful, particularly in describing the EEC's attempts to accomplish the difficult task of harmonizing and coordinating banking and financial laws within …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
THE MIDDLE EASTERN STATES AND THE LAW OF THE SEA
By Ali A.El-Hakim
Syracuse: Syracuse University Press, 1979. Pp. 293.Tables, maps, and international agreements.
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COMPLIANCE AND PUBLIC AUTHORITY: A THEORY WITH INTERNATIONAL APPLICATIONS
By Oran R. Young
Baltimore: Resources for the Future, 1979. Pp. 161.
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DOING BUSINESS WITH THE Russians
Under license from Westshore, Inc. New York: Praeger Publishers, 1978. Pp. 166.
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TAX LAW AND POLICY IN THE E.E.C.
By Alexander James Easson
London: Oceana Publications, 1980. Pp. 269. Tables of treaty provisions, secondary legislation, cases, and statistics.
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THE COLLAPSE OF WELFARE REFORM: POLITICAL INSTITUTIONS, POLICY …
The Troublesome Workings Of The Judgments Convention Of The European Economic Community, Errol P. Mendes
The Troublesome Workings Of The Judgments Convention Of The European Economic Community, Errol P. Mendes
Vanderbilt Journal of Transnational Law
The problems involved in the jurisdiction by consent provisions in article seventeen and the special rules for insurance claims in articles seven through fifteen have to some extent been dealt with by the provisions of the Judgments Accession Convention as have the problems arising under the hire purchase and credit sale transactions. Nevertheless, a comprehensive definition of the term "consumer sale" is needed from the European Court.
There can be little doubt that both lawyers and litigants who are affected by the Convention, would prefer to operate under the conflict of laws rules of their own nations which, although complex, …
Charter 77 In Czechoslovakia And The International Protection Of Human Rights, Roger Errera
Charter 77 In Czechoslovakia And The International Protection Of Human Rights, Roger Errera
Vanderbilt Journal of Transnational Law
Charter 77 was published in Prague in early January, 1977. At that time the document contained 240 signatures, a number which increased by 1977 to over 600. This Charter marked the beginning of a new period in the political history of Czechoslovakia, a period of public affirmation of fundamental liberties. It is useful to recall briefly reactions to the publication of this document in the East and the West, and to analyze its profound significance. It is also important to examine the major events that have taken place since 1977 and the inspiration which Charter 77 derived from the United …
United States Compliance With The Helsinki Final Act: The Treatment Of Aliens, David Carliner
United States Compliance With The Helsinki Final Act: The Treatment Of Aliens, David Carliner
Vanderbilt Journal of Transnational Law
A casualty, sorely if not fatally wounded, of the Soviet armed intervention in Afghanistan is the once widely-touted Final Act of the Conference on Security and Cooperation in Europe concluded in Helsinki on August 1, 1975. The Conference was originally proposed by the Soviet Union in the 1950's in order to promote its perceived security interest in Europe and to legitimize its territorial boundaries in Eastern Europe. Though initially opposed to the idea, the United States finally supported it in 1972 as a means of promoting the "security that would come from an expansion of cooperation between East and West …
Books Received, C. C. S.
Books Received, C. C. S.
Vanderbilt Journal of Transnational Law
BOOKS RECEIVED
THE EXTENSION OF CORPORATE PERSONALITY IN INTERNATIONAL LAW By David A. Ijalaye
Dobbs Ferry, New York: Oceana Publications, 1978. Pp. 354.
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HUMAN RIGHTS AND THE SOUTH AFRICAN LEGAL ORDER
By John Dugard
Princeton: Princeton University Press, 1978. Pp. 470.
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INTERNATIONALE BANKEN: AUSLANDSAKTIVITXTEN VON BANKEN BE-DEUTENDER INDUSTRIELANDER
By Ursel Stueber
Hamburg: Verlag Weltarchiv, 1974 (1977 Supplement available). Pp. 204.
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INVESTMENT INCENTIVE PROGRAMS IN WESTERN EUROPE
By B. T.Mansbach and R. J. Waldman
Washington, D.C.: International Division, Chamber of Commerce of the United States, 1978.
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SECESSION: THE LEGITIMACY OF SELF-DETERMINATION
By Lee C. Buchheit
New Haven, …
Recent Decisions, James A. Walker, Charles A. Daughtrey, A. Dale Wilson
Recent Decisions, James A. Walker, Charles A. Daughtrey, A. Dale Wilson
Vanderbilt Journal of Transnational Law
ADMINISTRATIVE LAW--PRESIDENT'S ATTEMPT UNDER EXECUTIVE ORDER TO REMOVE PRESIDENTIALLY APPROVED CAB ORDER FROM SCOPE OF THE WATERMAN DOCTRINE
James A. Walker
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EUROPEAN COMMUNITIES--TRADEMARK RIGHTS--COURT OF JUSTICE PREVENTS THIRD PARTY FROM AFFIXING TRADEMARK TO GOODS SOLD UNDER ANOTHER MARK
Charles Anthony Daughtrey
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THE TREATY POWER--THE PROPERTY CLAUSE PERMITS THE TRANSFER OF UNITED STATES PROPERTY THROUGH SELF-EXECUTING TREATY
A. Dale Wilson
Presidential Self-Regulation Through Rulemaking, L. Harold Levinson
Presidential Self-Regulation Through Rulemaking, L. Harold Levinson
Vanderbilt Journal of Transnational Law
Editor's Note: This is the second part of a two part article by Professor L. Harold Levinson dealing with executive rulemaking. The first part appeared in Volume 9, number 4, and examined the law of the United States and the United Kingdom. This part deals with France and the European Communities, and concludes with comparative comments.
Legislating Business Morality: A Look At Efforts By Two International Organizations To Deal With Questionable Behavior By Transnational Corporations, James S. Glascock
Legislating Business Morality: A Look At Efforts By Two International Organizations To Deal With Questionable Behavior By Transnational Corporations, James S. Glascock
Vanderbilt Journal of Transnational Law
The news media have been filled in recent years with stories of questionable conduct by transnational corporations (TNCs). Allegations and admissions of bribes and "dubious" payments or "improper" benefits to governmental and political figures and groups have been rife. In response, numerous national bodies have set about the task of investigating and dealing with questionable TNC conduct. In the United States, the Securities and Exchange Commission, the Internal Revenue Service, the State Department, the Defense Department, the Justice Department, the Overseas Private Investment Corporation, the Congress, and the Executive have been active on the problem.
Various international bodies have also …
Recent Decisions, John E. Drake, Heidi A. Rohrbach, John R. Hellinger, Elizabeth G. Browning
Recent Decisions, John E. Drake, Heidi A. Rohrbach, John R. Hellinger, Elizabeth G. Browning
Vanderbilt Journal of Transnational Law
CHOICE OF LAW--WRONGFUL DEATH--GOVERNMENTAL-INTEREST ANALYSIS DETERMINES LAW APPLICABLE TO MEASURE OF DAMAGES IN CLAIMS ARISING FROM FOREIGN Air CRASH
John Edison Drake
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EUROPEAN COMMUNITIES--FREE MOVEMENT OF WORKERS--COURT OF JUSTICE SETS GUIDELINES FOR USE BY MEMBER STATES OF THE PUBLIC POLICY EXCEPTION IN ARTICLE 48
Heidi A. Rohrbach
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TAX TREATIES--UNITED STATES MAY USE THE INTERNAL REVENUE CODE SUMMONING AUTHORITY TO OBTAIN DOMESTIC INFORMATION SOLELY TO AID A FOREIGN DOMESTIC TAX INVESTIGATION PURSUANT TO A TAX TREATY
John R. Hellinger
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TREATY INTERPRETATION--WARSAW CONVENTION-- PASSENGERS UNDERGOING SEARCH PREREQUISITE TO BOARDING ARE ENGAGED IN OPERATIONS OF EMBARKING
Elizabeth Graeme Browning
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
AMERICAN CORPORATIONS AND PERUVIAN POLITICS
By Charles T.Goodsell
Cambridge, Mass.: Harvard University Press, 1974. Pp.vi, 272. $14.00.
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BRITISH INDUSTRY AND EUROPEAN LAW
Edited by George W. Keeton and S.N. Frommel
South Hackensack, N.J.: Fred B. Rothman & Co., 1974. Pp. xiv, 206. $17.50.
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BUSINESS TRANSACTIONS WITH THE U.S.S.R.
Edited by Robert Starr
ABA Press, 1975. Pp. xvii, 545. $30.00.
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CANADIAN PERSPECTIVES ON INTERNATIONAL LAW AND ORGANIZATION Edited by R. St. J. Macdonald, Gerald L. Morris and Douglas M.Johnston
Toronto: University of Toronto Press, 1974. Pp. xx, 972.$27.50.
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DAS EUROPA DER SIEBZEHN: BILANZ UND PERSPEKTIVEN VON 25 …
Securities Regulation In Selected European Countries, Mitchell Brock
Securities Regulation In Selected European Countries, Mitchell Brock
Vanderbilt Journal of Transnational Law
In approaching the subject of securities regulation in selected European countries, I will not attempt to provide a detailed description of the existing arrangements in the principal European countries. I shall of course to some degree descend to the "nitty gritty" of concrete details to give to airy generalizations a local reality, but my principal objective will be to discuss the economic context, the structure of the capital markets in which the regulatory authorities are performing their functions.
This economic context is pertinent to an understanding of why the pattern of regulation differs in many respects from that existing in …
International Security Markets, Robert L. Knauss
International Security Markets, Robert L. Knauss
Vanderbilt Journal of Transnational Law
I would like to concentrate on what we might call the international aspects of the European securities markets and, if nothing else, to define a couple of terms. What I want to do first is to look at the question of integration of capital markets, and what we mean by that term. Is it really easier for a French company to raise capital in Belgium than a company from the United States? Has there been any integration in the Common Market? Do foreign issuers raise capital on national securities markets in the currency of that market? I think we have …