Law Commons^™

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

Employer is liable as a Pro Hac Vice Owner for Negligence of an Employee Engaged in Services other than Stevedoring

Submersible Oil Storage Facility use in Connection with Off-Shore Drilling is Classifiable as a "Vessel" within Provisions of Jones Act and General Maritime Jurisdiction

Exclusive Remedy Provision of the Puerto Rico Workmen's Accident Compensation Act does not apply to a Puerto Rican Citizen Injured outside the Territory of Puerto Rico

Determination of Unseaworthiness caused by Character of a Person Aboard is Limited to Crew Members' Condition

2. Common Market

European Community Directive Requires that in the Event of …

Obtaining Personal Jurisdiction Over Alien Corporations--A Survey Of U.S. Practice, John D. Gleissner, David C. Veeneman, S. Rodgers Wheaton

Vanderbilt Journal of Transnational Law

With the increase in international trade, civil litigation between persons of different nationalities has become increasingly important. Today alien and foreign corporations are being brought before American courts to defend actions arising out of products liability, contract, and tort. There is considerable authority holding alien and foreign corporations amenable to jurisdiction on the basis of a single act or business transaction. The states themselves are affecting international trade since state law is chosen to determine the amenability of alien and foreign corporations to suit in diversity actions in federal court.

This survey presents a cross-section of recent cases and attempts …

Political Prisoners: The Law And Politics Of Protection, David P. Forsythe

Vanderbilt Journal of Transnational Law

In the fall of 1975 the United States, in a much publicized step at the United Nations, introduced an abortive resolution calling for world-wide amnesty for political prisoners. Admittedly, this draft resolution was withdrawn because of crippling amendments, and it may well be that this American initiative was launched more to deflect criticism to others than to help political prisoners. But it seems to be the case--at least from a Western perspective--that political prisoners are becoming a more salient subject in world affairs. The concept of political prisoners has existed for quite awhile. In the last decade and a half, …

Legal And Economic Incentives For Foreign Direct Investment In The Southeastern United States, Paul S. Dempsey

Vanderbilt Journal of Transnational Law

The United States of America may well be the most attractive area for investment in the entire world. Foreign investment, although failing to play a dominant role in the American economy, has nevertheless enjoyed a substantial and significant growth in recent years. This contemporary acceleration may be attributed to a number of factors, including, for example: (a) America's enormous pool of skilled and well educated labor; (b) the narrowing of the gap between the cost of United States and foreign labor; (c) the abundance of domestic energy and other raw materials; and (d) the relative docility of the United States …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

A COMMENTARY ON THE FOREIGN INVESTMENT REVIEW ACT

By Graeme C. Hughes

Toronto: Carswell, Ltd., 1975. Pp. 214. $20.65.

=================

THE EXPORT TRADE: THE LAW AND PRACTICE OF INTERNATIONAL TRADE By Clive M. Schmitthoff

6th ed. London: Stevens & Sons,Ltd., 1975. Pp. 461. $28.75.

==================

FOREIGN DISINVESTMENT BY U.S. MULTINATIONAL CORPORATIONS: WITH EIGHT CASE STUDIES

By Roger L. Tourneden

New York: Praeger Publishers, 1975. Pp. 157. $15.00.

==================

THE GATT LEGAL SYSTEM AND WORLD TRADE DIPLOMACY

By Robert E. Hudec

New York: Praeger Publishers, 1975. Pp. 399, $25.00.

================

INTERNATIONAL BUSINESS--GOVERNMENT COMMUNICATIONS

By Jack N. Behrman, J.J. Boddeayn, & Ashok …

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, …

The Act Of State Doctrine: Alfred Dunhill Of London, Inc. V. Republic Of Cuba, John S. Williams

Vanderbilt Journal of Transnational Law

With its decision in Alfred Dunhill of London, Inc. v. Republic of Cuba, the Supreme Court has, for the third time in twelve years, rendered a significant if not landmark ruling on the act of state doctrine. Before 1964 the Court had not decided a case involving that doctrine for more than twenty years. During that intervening period many questions were raised in the learned writings on the subject, and the controversial decision, Bernstein v. N. V. Nederlandsche-Amerikaansche, etc., was decided by the Second Circuit Court of Appeals in New York.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

AIR CHARTER REGULATION

By Jaap Kamp

New York: Praeger Publishers, 1976. Pp. 162. $16.50.

================

ANATOMY OF INTERNATIONAL LAW

By J.G. Merrills

London: Sweet& Maxwell, 1976. Pp. 106. $7.55.

============

AUSTRALIAN LAWYERS AND SOCIAL CHANGE

Edited by David Hambly & John Golding

Sydney: Law Book Company, Ltd., 1976. Pp. 392.$17.50.

================

COLONIAL EMANCIPATION IN THE PACIFIC AND THE CARIBBEAN

By Arnold Leibowitz

New York: Praeger Publishers, 1976. Pp. 221.$20.00.

===============

THE DEVELOPING COMMON MARKET

By John Paxton

Boulder, Colorado: Westview Press, 1976. 3rd edition. Pp. 240. $25.00.

==============

ERSKINE MAY'S PARLIAMENTARY PRACTICE

Edited by Sir David Lidderdale

London: Butterworths, 1976. …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

State Port Authority Acting Incident to Maritime Carriage Subject to Admiralty Jurisdiction in Damage Suit

MARINE INSURANCE PROVIDING COVERAGE OF LOSSES "ARISING FROM OR OCCURRING FROM" SPECIFIED CONDITIONS DOES NOT COVER LOSSES OCCURRING AFTER PERIOD OF COVERAGE DUE TO CONDITIONS WHICH INITIALLY AROSE DURING THE PERIOD OF COVERAGE

FEDERAL COURT LACKS POWER UNDER SUITS IN ADMIRALTY ACT TO IMPOSE GOVERNMENTAL LIABILITY FOR HARM CAUSED BY FAILURE TO EXERCISE DISCRETIONARY FUNCTION

2. Alien's Rights

FAMILY RELATIONSHIP CAN BE SHOWN AS A MATTER OF FACT FOR IMMIGRATION PURPOSES WHERE APPLICABLE FOREIGN DOMESTIC LAW HOLDS MEANINGLESS THE CONCEPT OF LEGITIMACY

3. …

Recent Decisions, John J. Curry, Jr., Dan T. Carter, Melissa Gallivan, James A. Delanis

Vanderbilt Journal of Transnational Law

ANTITRUST--Import Restrictions--Import Ban Ordered as Equitable Relief for Violation of Section 7 of the Clayton Act Must Not Discriminate Against Foreign Producers or Reduce Competition

=======================

European Communities--Restrictive Trade Practices--Patent Licensing Agreements that Restrict Competition between Member States Without Improving Production or Distribution or Promoting Technical or Economic Progress Violate Article 85

========================

JURISDICTION--CONTINENTAL SHELF--ABANDONED VESSEL SALVAGED FROM THE SURFACE OF THE UNITED STATES CONTINENTAL SHELF BEYOND TERRITORIAL WATERS IS NOT UNDER JURISDICTION OF UNITED STATES GOVERNMENT

===========================

IMMIGRATION--A STATE MAY PROHIBIT THE EMPLOYMENT OF ILLEGAL ALIENS

The International Centre For Settlement Of Investment Disputes And Development Through The Multinational Corporation, C. F. Amerasinghe

Vanderbilt Journal of Transnational Law

The multinational corporation (MNC) as a significant phenomenon in development economics has probably come to stay. The problem for developing countries is how to harness the MNC's power for their own development, and at the same time, limit its all-too-available capacity and potential for unlimited exploitation and influence. Clearly, as pointed out by the Report of the Group of Eminent Persons, there remains much to be done substantively through the medium of the international convention and international organization, both to promote the role of the MNC in development and to control its operations in such a way as to ensure …

The Transition From Private To Public Control In The Venezuelan Petroleum Industry, Felix P. Rossi-Guerrero

Vanderbilt Journal of Transnational Law

Oil was discovered in Venezuela in 1914. The Zumaque No. 1 well on eastern Lake Maracaibo was Venezuela's first commercial discovery. The beginning of the First World War, however, delayed exploration and it was not until 1922 that a well being drilled in La Rosa, in the state of Zulia, blew out of control sending oil 200 feet into the air and spreading oil all around at a rate of some 100,000 barrels daily for nine days. The world took notice of Los Barrosos No. 2, and the Bolivar Coastal Field--one of the three or four largest oil fields in …

New Directions In The Search For And Development Of Petroleum Resources In The Developing Countries, Hasan S. Zakariya

Vanderbilt Journal of Transnational Law

The developing countries have several things in common. They share, to a large extent, similar political and socio-economic backgrounds, strive to overcome similar problems, and aspire to achieve the same goals of social progress and economic welfare. Hence, the importance of coordination of their efforts towards their common objectives can hardly be overemphasized.

In order to avoid the mistakes of the past and emulate the positive gains of the present, the developing countries, in searching for and developing their petroleum resources, can and must learn a great deal from each other. The experience of some of them has been long, …

The Steel Products Decision: An Inquiry Into The Treatment Of The Value-Added Tax Under The Countervailing Duty Law, Charles L. Chambers

Vanderbilt Journal of Transnational Law

It is not often that one small clause in a tariff act becomes a major issue between domestic producers and the firms which import competitive foreign goods, a major issue in trade talks between the United States and the European Community, and a bone of contention between the Congress and the Executive Branch. Yet, section 303 of the Tariff Act of 1930 has done just that and no solution to the issues it has raised is in sight...

Section 303 of the Tariff Act of 1930 is simple enough on its face. It imposes a countervailing duty on any goods …

A Report On Certain Recent Legal Developments In The International Monetary Fund, Joseph Gold

Vanderbilt Journal of Transnational Law

In the recent past, the main activity of the International Monetary Fund in connection with the development of international law has been the negotiation and drafting of an amendment of the Fund's Articles of Agreement. The present report deals primarily with that activity, but also comments on the sixth general review of the quotas of member states in the Fund.

On August 15, 1971, the United States, having decided to free itself from certain constraints that had become unacceptable and to exercise greater autonomy for national policies, suspended the convertibility into gold or other reserve assets of balances of United …

Recent Decisions, Susan A. Shands

Vanderbilt Journal of Transnational Law

This case presented the district and circuit courts with the problem of how to maneuver the forum's conflict of laws rules in order to apply Texas law to an injury caused by a defective product manufactured in Texas when the injury occurred on foreign soil. On a policy basis, the lower courts did make the more equitable decision in applying Texas law. Viewed under one commentator's test, both lower courts were applying the law that would give the most predictable and uniform results, maintain international and interstate order, simplify the judicial task, advance the forum's interest, and apply the better …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

Payment of Wages to Discharged Seaman is not Limited to Direct Cash Payment if other Methods are more Appropriate

Rules for the Transfer of an Admiralty Suit to another Forum are the Same for in Rem as for In Personam Actions

Longshoremen Injured on Employer's Vessel have a Negligence Action against that Employer for Non-stevedore Caused Injuries

Lack of Subject Matter Jurisdiction and Availability of an Alternative Forum denies Foreign Seaman Access to Federal Courts

Longshoreman's Employer is not a Necessary or Indispensable Party to Longshoreman's Action against Shipowner for Negligence

Wrongful Death Remedy under Decisional Maritime Law …

The Law Of The Sea Conference: Dispute Settlement In Perspective, John K. Gamble, Jr.

Vanderbilt Journal of Transnational Law

On March 15, 1976, the Third United Nations Law of the Sea Conference reconvened in New York City. The task of this Conference, drafting a new and comprehensive law of the sea treaty, is enormous. At the very least the new treaty will modify many of the traditional patterns for use and control of hydrospace. There is no doubt that coastal states will achieve the right to exercise control over all resources within 200 nautical miles of their coasts. If this contingency is not implemented by treaty, then it will be reached by unilateral claims to these zones. Agreeing on …

Parity Codetermination In West German Companies And International Law, Wilhelm Wengler

Vanderbilt Journal of Transnational Law

German Law on joint stock companies, in conformity with that of nearly all other countries, has long provided that the organs of the joint stock company (Aktiengesellschaft) consist either exclusively of the shareholders themselves (i.e., the general meeting of shareholders) or are elected by them (i.e., the Aufsichtsrat or supervisory board), or that such an elected organ in turn appoint another organ (i.e., the Vorstand or executive board). Ever since the "old" Labor Management Relations Act (Betriebsverfassungsgesetz) of October 11, 1952, however, only two-thirds of the membership of the supervisory boards of the larger joint stock companies are elected by …

Footnote To The Nuclear Test Cases: Abuse Of Right--A Blind Alley For Environmentalists, Jerome B. Elkind

Vanderbilt Journal of Transnational Law

In a recent article entitled "French Nuclear Tests and Article 41: Another Blow to the Authority of the Court," the author questioned the approach of the learned Judges of the International Court of Justice to article 41 of the Court's Statute. The title of that article was intended to deplore the recent tendency of States (most particularly France, but also Iceland) who are parties to the Statute of the International Court of Justice to arrogate to themselves the right to determine whether the Court has jurisdiction...

The judgment of December 20, 1974 is but one more example of the extremes …

Jurisdiction--The Short-Lived Death Of The Ker-Frisbie Doctrine, C. Jedson Nau

Vanderbilt Journal of Transnational Law

Why the Second Circuit Court of Appeals chose to retreat from its Toscanino holding is unclear. The drastic nature of the remedy afforded by Toscanino to any defendant illegally abducted has been criticized as too inflexible. On the other hand, the Lujan rule allows the remedy only in the limited circumstances of egregious conduct. The problem remains to determine what remedy, if any, should be available to victims who are subjected to illegal but not outrageous governmental conduct.

The government has vigorously argued that federal narcotics law enforcement depends upon the freedom of officers to abduct suspects, particularly from South …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Chile: The Balanced View

Edited by Francisco Orrego Vicuna

Santiago: The University of Chile, 1975. Pp. 298.

===============

Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok

Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.

===============

Crimes against Internationally Protected Persons: Prevention and Punishment

By Louis M. Bloomfield & Gerald F. Fitzgerald.

New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.

===============

Criminal Justice in Eighteenth Century Mexico

By Colin M. MacLachlan

Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.

================

EEC Anti-Trust Law--Principles and Practice

By D. Barounos, …

Recent Decisions, Cleatous J. Simmons, Robert B. Slocum, Edward D. Meyer, Charles S. French, Ronald M. Morris, Mary Beth R. Blake

Vanderbilt Journal of Transnational Law

IMPLIED WARRANTY OF WORKMANLIKE PERFORMANCE--ONE WHO CONTRACTS TO PROVIDE MARITIME SERVICES IMPLIEDLY AGREES TO PERFORM IN A DILIGENT AND WORKMANLIKE MANNER

Government And Private Enterprise In Latin American Petroleum Development, Frank M. Lacey

Vanderbilt Journal of Transnational Law

The nationalization of the Venezuelan oil industry on January 1, 1976, can be viewed in a sense as a culmination of more than half a century of striving on the part of Latin American republics to become the masters of their own most important resources, one that has seemed at times symbolic of their very destinies. It is a process that has involved nearly every major country in Latin America. It is one that has been resisted by the prevailing economic, political, and legal institutions, and in the course of which not only major business enterprises but nations as well …

Latin America: A Petroleum Profile, Ewell E. Murphy, Jr.

Vanderbilt Journal of Transnational Law

Argentina--Mixed. Under present legislation (Hydrocarbons Law 17,319 of June 23, 1967) specified geographical areas are reserved to state enterprises and the remainder of the country is, in principle, open to private enterprise under a system of exploration permits and exploitation concessions. No permits or concessions have been granted to private enterprise for some time, however. There are pending legislative amendments which would reestablish the monopoly of Y.P.F. over all phases of the oil industry but permit private enterprise to operate under work or service contracts with Y.P.F.

Oil Operations In Latin America: The Future Of Private Enterprise, Ewell E. Murphy, Jr.

Vanderbilt Journal of Transnational Law

We live in tumultuous times. Whether measured on a scale of millennia, of centuries, or of generations, our lifetime's segment of the graph of world history is marking giddy ascents, harrowing declines, and abrupt, unbridgeable discontinuities.

On a millennial scale we are entering the twilight of those five astounding centuries of Western leadership that began with the Renaissance. The flags of empire, long banished from the Americas, have now been struck in Asia and Africa as well, and flutter quaintly over only a dwindling handful of enclaves and outposts. Islam has awakened from her sleep of seven hundred years and …

The United States Government Perspective On Expropriation And Investment In Developing Countries, Richard J. Smith

Vanderbilt Journal of Transnational Law

The title for my presentation given in your program clearly covers two major subjects, either of which would make an ambitious topic for the relatively brief presentation I intend to make today. Therefore, for the half-hour or so that I will talk before we get into the more important and valuable exchange of ideas and discussion to follow, I have made the decision, which I hope you will agree is sensible, to deal mostly with the subject I know more about--the protection of United States private interests abroad.

But just so no one asks for his money back, let me …

Historical Perspectives And New Directions In The Exploitation Of Latin American Petroleum Resources, Henry B. Steele

Vanderbilt Journal of Transnational Law

This paper constitutes an attempt, in a very brief compass, to provide an historical survey of the traditional roles of government and private enterprise in the exploitation of Latin American petroleum resources, to evaluate the current situation, and to speculate in a limited manner on the future implications of present developments. The basic analytical frame of reference is that of economics, but since the petroleum industry is a world industry, developments in the Latin American petroleum industry must be placed in the wider context of world oil industry economics and politics. From the standpoint of economic analysis, the major conflict …

The Development Of Peruvian Law For Petroleum Subcontractors, Stanley F. Rose

Vanderbilt Journal of Transnational Law

The Revolutionary Government of the Armed Forces of Peru under the leadership of General Juan Velasco Alvarado assumed the government of Peru on October 3, 1968. One reason given for the assumption of power was that Peruvian interests had been severely damaged in the Act of Talara of August 13, 1968. After nullifying the Act of Talara, the Government expropriated the International Petroleum Company (IPC) refinery in Talara. As revealed in 1974 by the publication of the Revolutionary Government's plan of strategy, "Plan Inca," the Peruvian military had a clear idea of what it believed the situation of the Peruvian …

The United Nations Seventh Special Session: Proposals For A New World Economic Order, Clark D. Mervis

Vanderbilt Journal of Transnational Law

In September 1975 the United Nations held a special session, only the seventh in the organization's history, on global economic problems. The issue precipitating the special session was the call for a new international economic order by the world's developing nations. Since the oil crisis of 1973, the United Nations has become the arena for dispute between the world's wealthy nations and its poor nations, and bloc against bloc confrontations are common-place. It is clear that action must be taken soon, not only if we are to distribute more equitably the world's wealth, but also if we are to avert …