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Full-Text Articles in Law

The Convergence Of The Law Of State Responsibility For Injury To Aliens And International Human Rights Norms In The Revised Restatement, Thomas E. Carbonneau Jan 1984

The Convergence Of The Law Of State Responsibility For Injury To Aliens And International Human Rights Norms In The Revised Restatement, Thomas E. Carbonneau

Journal Articles

The now celebrated (infamous to some) section 711 of the Restatement of Foreign Relations Law of the United States (Revised) is meant to replace the allegedly dated and obtuse black-letter content of sections 178 through 183 of the Restatement (Second) of Foreign Relations Law of the United States with more contemporary, subtle, and economical provisions.

This Article briefly assesses the significance of these disclaimers against the unmistakable "new look" of section 711. Even upon initial perusal, the divergence in content and presentation between the existing provisions and the recommended formulation of the law of state responsibility for injury to aliens …


Thinking Like A Statistician: The Report Of The American Statistical Association Committee On Training In Statistics In Selected Professions, David H. Kaye Jan 1984

Thinking Like A Statistician: The Report Of The American Statistical Association Committee On Training In Statistics In Selected Professions, David H. Kaye

Journal Articles

In 1983, a subcommittee of the American Statistical Association composed of legal educators and one judge issued a report describing existing programs for educating law students in statistics and offering recommendations for improving these programs. This article summarizes that report.


Arbitral Adjudication: A Comparative Assessment Of Its Remedial And Substantive Status In Transnational Commerce, Thomas E. Carbonneau Jan 1984

Arbitral Adjudication: A Comparative Assessment Of Its Remedial And Substantive Status In Transnational Commerce, Thomas E. Carbonneau

Journal Articles

With the growth of international trade, arbitration has emerged as the preferred remedy for disputes in private international commerce. Its adjudicatory features respond well to the sui generis dispute resolution needs of international commercial contracts. Most significantly, an arbitration agreement acts as an elaborate choice-of-forum clause. It allows the parties to satisfy their need for a predictable and effective dispute resolution process by creating a more realistic and workable framework that supersedes the fundamentally parochial alternative proffered by national legal systems. The party autonomy principle that underlies arbitration gives the contracting parties the power to fashion a remedial process tailored …


American Prisoners In Foreign Prisons: The Prisoner Transfer Treaties, Patricia M. Wilson Jan 1984

American Prisoners In Foreign Prisons: The Prisoner Transfer Treaties, Patricia M. Wilson

Penn State International Law Review

For the average American traveler, being apprehended and arrested in a foreign country on criminal charges can be an unimaginable and bizarre experience. Whether he is in England, which has a legal system relatively similar to ours, or in China, which has a very different legal system, he is likely to be equally mistaken in believing that his status as an American citizen will be of any real assistance. Unfortunately, unless he happens to be with United States military forces or protected by some sort of diplomatic or other immunity, his criminal case will proceed from start to finish entirely …


Revolutions And Treaty Termination, Philip Noonan Jan 1984

Revolutions And Treaty Termination, Philip Noonan

Penn State International Law Review

It is a widely accepted principle of international law that ordinary changes in government do not affect treaty obligations. During the course of the twentieth century, however, certain states and some writers have asserted that revolutionary changes in government do affect treaty obligations. Nevertheless, many states continue to adhere to the rigid rule that treaty obligations should not be affected even by radical changes in government. This rule can create anomalous and unreasonable results. Accordingly, it may be better to replace the present blanket rule with a flexible test that encompasses all relevant factors and provides a result in accordance …


Export Trade Certificates Of Review: Will Efficacy Be Permitted?, John A. Maher, Nancy J. Lamont Jan 1984

Export Trade Certificates Of Review: Will Efficacy Be Permitted?, John A. Maher, Nancy J. Lamont

Penn State International Law Review

A vital concept explicit in the Export Trading Company Act (ETCA) and implicit in its Title III is that the time has come for American export cartelism. This is in response to a world in which international trading does not routinely honor the competition principles to which the United States ordinarliy adheres. Despite various successful and unsuccessful attempts, it is not America's job to reform the world. It is foolish to expect American companies to compete in world markets on terms other than those which govern their competitors.


Some Aspects Of United States-Korean Trade Relations, Tae Hee Lee Jan 1984

Some Aspects Of United States-Korean Trade Relations, Tae Hee Lee

Penn State International Law Review

What follows is a general orientation for lawyers to the most pressing problems affecting United States-Korean trade relations. Most of these problems are not traditionally legal in the narrow sense. Instead, they result from major differences in Korean and American economic and political policies, as well as the even greater cultural and economic differences between the two countries.

I have titled what follows an overview - an aerial photograph of the terrain - showing the main features of the geography. These features, however, cannot be presented all at once as in a photograph, but must be presented ad seriatim in …


Transnational Litigation In American Courts: An Overview Of Problems And Issues, Robert B. Von Mehren Jan 1984

Transnational Litigation In American Courts: An Overview Of Problems And Issues, Robert B. Von Mehren

Penn State International Law Review

This Article discusses problems and issues that attorneys practicing in the area of transnational litigation must understand. These issues include obtaining jurisdiction, forum non conveniens, and service of summons.


States' Use Of The Unitary Method: A Taxing Burden On International Commerce, Bryan C. Skarlatos Jan 1984

States' Use Of The Unitary Method: A Taxing Burden On International Commerce, Bryan C. Skarlatos

Penn State International Law Review

This comment will discuss the constitutionality of state use of the unitary method to tax multinational corporations. After considering the problems involved in allocating income between the jurisdictions in which a multinational corporation operates, the comment will examine the two predominant methods of allocation designed to solve these problems. The discussion will then analyze and criticize the Court's decision in Container Corp. v. Franchise Tax Board.


Transition From The Domestic International Sales Corporation To The Foreign Sales Corporation: Form Without Substance, Elizabeth A, Horsman Jan 1984

Transition From The Domestic International Sales Corporation To The Foreign Sales Corporation: Form Without Substance, Elizabeth A, Horsman

Penn State International Law Review

This Note will first address the Domestic International Sales Corporation (DISC) mechanism for providing incentives to foreign export traders and the benefits enjoyed by DISC users. The discussion will then shift to an examination of criticisms levied against the DISC provisions by domestic and European sources. The next section will outline the Foreign Sales Corporation (FSC) legislation, and the following section will analyze its applicability to General Agreements on Tariffs and Trade (GATT) Council Rulings on the DISC. Finally, this Note will conclude that the FSC provisions will also draw GATT-EC attack as "illegal" trade practices by the United States.


Contract Formation Under The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, James Edward Joseph Jan 1984

Contract Formation Under The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, James Edward Joseph

Penn State International Law Review

The United Nations Convention on Contracts for the International Sale of Goods aspires to the role of a transcendent uniform law. In order to lend uniformity to international sales law, the Convention must reduce the necessity of resorting to domestic conflict rules to determine applicable law, and it must reduce forum shopping. The second section of this Comment is a brief history of the effort to unify international sales law. The third section is concerned with uniformity. The applicability of the Convention with regard to both forum shopping and reliance on domestic conflict rules will be discussed. Ratification procedures are …


The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle Jan 1984

The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle

Penn State International Law Review

This Article examines the West German Administrative Procedure Act ("VwVfG"), which forms an essential element in the German model of administrative decision-making and provides valuable insight into the nature of administrative decision-making in Germany. The first section of this Article discusses the history surrounding codification of administrative procedure in Germany, the subject and scope of the VwVfG, and the role of the VwVfg plays within the overall German administrative law structure. The second section identifies the four procedural mechanisms provided for by the VWVfG to reach administrative decisions. The final section reviews administrative and judicial remedies available to contest final …


Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George Jan 1984

Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George

Penn State International Law Review

Filartiga v. Pena-Irala is the paradigm for studying private torture claims against foreign officials in the United States. As the paradigm, the Filartiga action must be succinctly defined. This will assist inquiries into its judicial jurisdiction and choice of law, and it will make Filartiga-type cases more understandable and therefore more acceptable to critics. This discussion is limited to the assertion of personal jurisdiction over a foreign official for a private torture claim brought in the United States. Although this analysis is focused narrowly on Filartiga, it is designed to enhance understanding of future torture claims as well.


Volume 3 - Number 1: Table Of Contents Jan 1984

Volume 3 - Number 1: Table Of Contents

Penn State International Law Review

No abstract provided.


Volume 2 - Number 2: Table Of Contents Jan 1984

Volume 2 - Number 2: Table Of Contents

Penn State International Law Review

No abstract provided.