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Private International Law As A Means To Control The Multinational Enterprise, Dimitris Tzouganatos Jan 1986

Private International Law As A Means To Control The Multinational Enterprise, Dimitris Tzouganatos

Vanderbilt Journal of Transnational Law

This Article explores the different approaches taken by the academic and judicial communities of Germany and the United States in their respective attempts to derive the optimal legal policy to deal with the multinational enterprise phenomenon. It attempts to assess the success of the Private International Law method as applied in most European countries by examining whether its criteria are operational and a reflection of economic reality. The Article also analyzes whether application of such criteria ensures the enforcement of the policies of the forum. It concludes by questioning whether the Private International Law approach is a viable alternative to …


Books Received, Law Review Staff Jan 1986

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

THE WORLD OF SCIENCE AND THE RULE OF LAW

By John Ziman, Paul Sieghart, and John Humphrey

New York: Oxford University Press, 1986. Pp. viii, 343. $37.00

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ESSAYS ON INTERNATIONAL LAW

By Stuart S. Malawer

Buffalo: William S. Hein & Co., 1986. Pp. ix, 201. $35.00

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THE IMF IN A CHANGING WORLD, 1945-85

By Margarett Garritsen deVries

Washington: International Monetary Fund, 1986. Pp. x,226

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SOVIET LAW AND SOVIET REALITY

By Olimpiad S. Ioffe

Dordrecht: Martinus Nijohoff Publishers, 1985. Pp. vi, 234

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SWITZERLAND'S ROLE AS AN INTERNATIONAL FINANCIAL CENTER

By Benedicte Vibe Christensen

Washington: International …


Book Note, Covey T. Oliver Jan 1986

Book Note, Covey T. Oliver

Vanderbilt Journal of Transnational Law

Students of international law in the United States have long desired a textbook to accompany the use of one or another of the "case-materials-problems" study books used in their courses. They do not yet have such a text,' but now they can find substantial degrees of security, guidance, and intellectual encouragement in a veritable gem of a Nutshell. Professors Buergenthal and Maier have written a remarkably accurate and insightful book on international law, almost as if they had engraved it on a small gold tablet. It is, as a work, outstanding in the West Publishing Company Nutshell series.


Books Received, Law Review Staff Jan 1986

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

Consensus and Confrontation: The United States and the Law of the Sea Convention

By Jon M. Van Dyke.

Honolulu: The Law of the Sea Institute, University of Hawaii, 1985. Pp. x, 576. $29.50

Free Flow of Information; A New Paradigm. By Achal Mehra

Westport, Connecticut: Greenwood Press, 1986. Pp. xiii, 225. $32.95

The Fund Agreement in the Courts, Volume III. By Joseph Gold Washington, D.C.: International Monetary Fund, 1986. Pp. xvi, 841.$45.00

A Standard for Justice; A Critical Commentary on the Proposed Bill of Rights for New Zealand

By Jerome B. Elkind and Antony Shaw

New York: Oxford …


Opinion Of Counsel On Agreements Governed By Foreign Law, Michael Gruson, Michael Kutschera Jan 1986

Opinion Of Counsel On Agreements Governed By Foreign Law, Michael Gruson, Michael Kutschera

Vanderbilt Journal of Transnational Law

An opinion delivered as a condition precedent to the effectiveness of an agreement serves the purpose of assuring the opinion recipient of the correctness of the legal assumptions on which he bases his decision whether or not to enter into the agreement. In case of a transborder agreement, the laws of more than one country apply to various aspects of the transaction even if the agreement contains an express governing law clause, and the opinions of lawyers from the relevant countries must, if read together, cover all important legal issues. On the other hand, each lawyer must limit his opinion …


Banning The Bomb: Law And Its Limits, Lori Fisler Damrosch Jan 1986

Banning The Bomb: Law And Its Limits, Lori Fisler Damrosch

Faculty Scholarship

We can all agree with the contributors to this volume that nuclear weapons present the threat of unimaginable devastation that could bring an end to civilization and even to life on this planet. The grim calculations and stark images come back again and again, but they cannot be repeated too often: over 50,000 weapons in the United States and Soviet arsenals, each with a destructive force dwarfing the explosions at Hiroshima and Nagasaki; radiation effects producing indescribable suffering and death; environmental damage that defies quantification or prediction; the specter of nuclear winter rendering the earth uninhabitable. No rational being can …


Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato Jan 1985

Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato

Faculty Working Papers

Discusses questions about U.S. policy raised by the proceedings of the Nicaragua case. Was the United States within the exercise of its "inherent right of self defense"? Was the matter a political question for resolution by the Security Council and not suitable for adjudication by the International Court of Justice?


Political Developments And Human Rights In The People's Republic Of China, Hungdah Chiu Jan 1985

Political Developments And Human Rights In The People's Republic Of China, Hungdah Chiu

Congressional Testimony

Hearings before the Subcommittee on Human Rights and International Organizations and the Subcommittee on Asian and Pacific Affairs of the Committee on Foreign Affairs, House of Representatives. 99th Congress, 1st Session, 1985.


Practice And Methods Of International Law, By Shabtai Rosenne, James J. Busuttil Jan 1985

Practice And Methods Of International Law, By Shabtai Rosenne, James J. Busuttil

Maryland Journal of International Law

No abstract provided.


International Environmental Policy: Emergence And Dimensions, By Lynton Keith Caldwell, Douglas R. Weiner Jan 1985

International Environmental Policy: Emergence And Dimensions, By Lynton Keith Caldwell, Douglas R. Weiner

Maryland Journal of International Law

No abstract provided.


Some Problems Concerning The Application Of The Maritime Boundary Delimitation Provisions Of The 1982 United Nations Convention On The Law Of The Sea Between Adjacent Or Opposite States, Hungdah Chiu Jan 1985

Some Problems Concerning The Application Of The Maritime Boundary Delimitation Provisions Of The 1982 United Nations Convention On The Law Of The Sea Between Adjacent Or Opposite States, Hungdah Chiu

Maryland Journal of International Law

No abstract provided.


The Problem Of Post-Hearing Delay In Maritime Arbitrations: "When Did You Say We Would Receive The Arbitrators' Award?', Robert M. Jarvis Jan 1985

The Problem Of Post-Hearing Delay In Maritime Arbitrations: "When Did You Say We Would Receive The Arbitrators' Award?', Robert M. Jarvis

Maryland Journal of International Law

No abstract provided.


Legal Aspects Of East-West German Relations, Bruno Simma Jan 1985

Legal Aspects Of East-West German Relations, Bruno Simma

Maryland Journal of International Law

No abstract provided.


Annotated Bibliography: Delimitation Of Exclusive Economic Zone Boundaries Between Opposite And Adjacent States And The Gulf Of Maine Dispute, Nora T. Terres Jan 1985

Annotated Bibliography: Delimitation Of Exclusive Economic Zone Boundaries Between Opposite And Adjacent States And The Gulf Of Maine Dispute, Nora T. Terres

Maryland Journal of International Law

No abstract provided.


The New Law Of The Sea: Selected And Edited Papers Of The Athens Colloquium On The Law Of The Sea, September 1982, Edited By Christos L. Rozakis And Constantine A. Stephanou, Martin Ira Glassner Jan 1985

The New Law Of The Sea: Selected And Edited Papers Of The Athens Colloquium On The Law Of The Sea, September 1982, Edited By Christos L. Rozakis And Constantine A. Stephanou, Martin Ira Glassner

Maryland Journal of International Law

No abstract provided.


The Spirit Of Uppsala: Proceedings Of The Joint Unitar-Uppsala University Seminar On International Law And Organization For A New World Order, Edited By Atle Grahl-Madsen And Jiri Toman, George A. Zaphiriou Jan 1985

The Spirit Of Uppsala: Proceedings Of The Joint Unitar-Uppsala University Seminar On International Law And Organization For A New World Order, Edited By Atle Grahl-Madsen And Jiri Toman, George A. Zaphiriou

Maryland Journal of International Law

No abstract provided.


Foreign Sales Corporations: Cause For Deja Vu?, E. William Pastor Jan 1985

Foreign Sales Corporations: Cause For Deja Vu?, E. William Pastor

Maryland Journal of International Law

No abstract provided.


Implications Of The 1983 Regional Administrative Radio Conference On Direct Broadcast Satellite Services: A Building Block For Warc-85, Daphne D. Duverney Jan 1985

Implications Of The 1983 Regional Administrative Radio Conference On Direct Broadcast Satellite Services: A Building Block For Warc-85, Daphne D. Duverney

Maryland Journal of International Law

No abstract provided.


A Methodology Of International Law, By Maarten Bos, Anthony D'Amato Jan 1985

A Methodology Of International Law, By Maarten Bos, Anthony D'Amato

Maryland Journal of International Law

No abstract provided.


Selected Articles From The Chinese Yearbook Of International Law, Edited By The Chinese Society Of International Law, Frankie Fook-Lun Leung Jan 1985

Selected Articles From The Chinese Yearbook Of International Law, Edited By The Chinese Society Of International Law, Frankie Fook-Lun Leung

Maryland Journal of International Law

No abstract provided.


Ideals And Things: International Legal Scholarship And The Prison-House Of Language, James Boyle Jan 1985

Ideals And Things: International Legal Scholarship And The Prison-House Of Language, James Boyle

Faculty Scholarship

No abstract provided.


Cargo Reservation: In Search Of A Standard Under Public International And U.S. Municipal Law, Thomas Sauermilch Jan 1985

Cargo Reservation: In Search Of A Standard Under Public International And U.S. Municipal Law, Thomas Sauermilch

Case Western Reserve Journal of International Law

No abstract provided.


Current And Future Legal Uses Of Direct Broadchast Satellites In International Law, James Edwin Bailey Iii Jan 1985

Current And Future Legal Uses Of Direct Broadchast Satellites In International Law, James Edwin Bailey Iii

Louisiana Law Review

No abstract provided.


Books Received, Law Review Staff Jan 1985

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

The Utilization of Nuclear Energy and International Law By Vanda Lamm Atlantic Highlands, New Jersey: Humanities Press International, Inc. 1984 Pp. 151. $29.95

War, Foreign Affairs, and Constitutional Power By Henry Bartholomew Cox Cambridge, Massachusetts: Ballinger,1984. Pp. xx, 331 $35.00

Guidelines For International Election Observing Prepared by Larry Garber Washington, D.C.: The International Human Rights Law Group, 1984. Pp. iii, 90. $7.95

International Codes and Multinational Business: Setting Guidelines for International Business Operations By John M. Kline Westport, Connecticut: Qurom Books, 1985Pp. vi, 184. $35.00

Public Enterprises in Mixed Economies: Some Macroeconomic Aspects By Robert H. Floyd, Clive …


Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher Jan 1985

Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher

Vanderbilt Journal of Transnational Law

This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …


Political Refugees, Nonrefoulement And State Practice: A Comparative Study, Robert C. Sexton Jan 1985

Political Refugees, Nonrefoulement And State Practice: A Comparative Study, Robert C. Sexton

Vanderbilt Journal of Transnational Law

This Article will survey and assess the attempts of five of the major refugee receiving countries of the West, the United States, Canada, Great Britain, France, and Italy, to comply with the mandates of the Convention and Protocol. Specifically, inquiry will focus on the two issues most applicable to the admission and exclusion of political refugees: (1) domestic interpretation of the Convention definition of "refugee;" and (2) adherence to the principle of nonrefoulement, which is the Convention's proscription on returning persons falling within its refugee definition to countries of alleged persecution.

Section II explores the precise substantive provisions of the …


The Consolidated Treaty Series, 1648-1918, Ted L. Mcdorman May 1984

The Consolidated Treaty Series, 1648-1918, Ted L. Mcdorman

Dalhousie Law Journal

The Consolidated Treaty Series was a twelve year publishing project undertaken by the distinguished Cambridge international law professor Dr. Clive Parry. The treaty series contains reprints and translations of over 10,000 treaties signed between 1648, the establishment of the modem European state system, and 1919 when the League of Nations Treaty Series, the first official international collection, commenced publication. Each treaty is reproduced in its original language accompanied by French or English translations where such exist. Where a translation does not exist a summary of the contents of the treaty is included. Most importantly the source from which the treaty …


Legal Problems Of Seabed Boundary Delimitation In The East China Sea, Ying-Jeou Ma Jan 1984

Legal Problems Of Seabed Boundary Delimitation In The East China Sea, Ying-Jeou Ma

Maryland Series in Contemporary Asian Studies

This book is the first comprehensive study of the complex problems of boundary delimitations in the East China Sea that involves four coastal states, namely Korea, Japan, the Republic of China (ROC) and the People's Republic of China (PRC).


The Status Of The Gulf Of Sirte In International Law, Francesco Francioni Jan 1984

The Status Of The Gulf Of Sirte In International Law, Francesco Francioni

Syracuse Journal of International Law and Commerce

This article examines whether Libya's declaration that the Gulf of Sirte is part of its territory is lawful.


1983-1984 Survey Of International Law In The Second Circuit, Patricia J. Youngblood Jan 1984

1983-1984 Survey Of International Law In The Second Circuit, Patricia J. Youngblood

Syracuse Journal of International Law and Commerce

During 1983 and 1984, the United States Court of Appeals for the Second Circuit and the New York Court of Appeals decided significant cases raising issues of international law and of domestic law presented in international contexts.