Law Commons^™

Book Note, Daniel C. Turack

Vanderbilt Law Review

The volume contains 28 essays, representing only one-third of Professor Cooper's aerospace articles, but as the editor concedes,they represent areas in which his contribution was most significant.These spheres are: the history of air law; the fundamental principles of air law (notably airspace sovereignty and nationality of aircraft); and space law. In the first part, four essays serve to introduce the reader to the problems of terminology and the scope of air and space law,the economic and political basis of air power, and certain specific problems to be examined subsequently in depth. Part two, entitled "Rights In Airspace: From Antiquity To …

The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin

Vanderbilt Journal of Transnational Law

One of the chief functions of any legal system is to provide the machinery for settling disputes between members of the society which the system serves. No legal system can be expected to solve all such disputes, but law can create an atmosphere in which the parties themselves may effect, without bloodshed, the resolution, minimization or avoidance of disputes. The disputants may choose an arbiter or conciliator to reach a settlement for them, or they may bargain and compromise until they find a common basis for an agreement ending the dispute. The latter process, called negotiation, is the most effective …

Artificial Islands Constructed On United States Continental Shelf Denied Status Of Independent Sovereignty, Journal Staff

Vanderbilt Journal of Transnational Law

The United States brought injunction and trespass claims in the federal district court against three private persons to prevent the unauthorized construction of artificial islands atop several submerged coral reefs located about four and one-half miles off the southeast coast of Florida. These reefs were composed of the skeletal remains of coral organisms and lay at a depth of 600 feet. The reefs continued to grow laterally, but had reached their maximum height and were completely submerged at all times except at low tide when their highest projections were momentarily visible. The reef area, which harbored countless varieties of marine …

Headnotes, Journal Staff

Vanderbilt Journal of Transnational Law

With this issue the Vanderbilt International enters its second year of publication and attempts to continue a metamorphosis from International Law Society newsletter to scholarly legal journal. While the birth of the International has been accompanied by the welcome emergence of numerous other international legal periodical, it is hoped that this publication will make a singular contribution by providing a medium for interdisciplinary analyses of international problems. Eventually, each issue will be a symposium in which a particular problem will be discussed by economists, political scientists, lawyers, and, of course, law students.

United States Participation In International Agreements For The Preservation Of Human Rights, A. Hamilton Cooke

Vanderbilt Journal of Transnational Law

The past two decades of international legal history have been characterized by an increased emphasis upon the importance of the individual as a proper subject of international law. Revolutionary changes have occurred in the area of human rights with the completion of various declarations, covenants, and conventions aimed at the preservation of specific rights within a framework of international law. The continuing importance and relevance of this general subject was symbolized by the designation of 1968 as the International Year for Human Rights in honor of the twentieth anniversary of the Universal Declaration of Human Rights.

This paper examines the …

The Outer Space, Antarctic And Pell Treaties--Similar Solutions To A Common Problem, Allen W. Rigsby

Vanderbilt Journal of Transnational Law

During the past two decades, there has been an increasing interest in those rules of international law governing the exploration and exploitation of ocean space. This is due primarily to the recent upsurge of technological developments among the highly industrialized nations. Rivalry between the U.S.S.R. and the United States has spurred these two countries, in particular, to a high level of competition in the field of ocean mining technology. The less highly developed countries are also interested in exploiting the ocean space in order to bolster their own economies. The traditional principle governing the law of the oceans has been …

Shipowners' Limitation Of Liability In International Seafaring Disasters, Joseph N. Barker

Vanderbilt Journal of Transnational Law

Adherence to the principle of strict limitation of liability in any area of the law has been out of vogue since the time of Winterbottom v. Wright. This is true whether it be in the area of products liability, master-servant relations, or international air travel. The trend is to remove all limitation on recoveries available under our law for death or injury. An exception is the limitation of liability in maritime disasters. Here, in this watery domain, the narrowness that formerly dominated the field of products liability continues to exist. Some critics condemn such strict limitation as an anachronism in …

Vietnam And Public International Law: Comment, Anthony A. D'Amato

Vanderbilt Journal of Transnational Law

With each international crisis inevitably come the self-styled "realists" proclaiming that there is no such thing as public international law. The Vietnam war is no exception, although here, due to the unusual complexity of the facts and the controversy over the applicable rules of international law, many of the published replies to the "realist's" positions have themselves been insubstantial and unconvincing. Let us look first, briefly, at the arguments of one of the realists, and then, with equal brevity, at some of the counter claims. The remainder of this comment will be addressed to the larger issues involved and some …