Law Commons^™

The Nature And Extent Of Executive Power To Espouse The International Claims Of United States Nationals, Jesse W. Hill, Steven M. Lucas

Vanderbilt Journal of Transnational Law

International law is generally considered to be law that governs the conduct of sovereign states only. While individual private persons, both natural and juridical, undoubtedly are third-party beneficiaries of the rights and duties created by international law, those rights and duties, in the classical analysis, run only among sovereigns. Because rules of international law and treaties constitute obligations among or between sovereign states, a violation of international law imposes international responsibility not to the private parties who are injured by the violation but to the sovereign states of which they are members. Private parties, therefore, generally have no standing to …

Radical Perceptions Of International Law And Practice, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Revolutionary War, Guerilla Warfare, And International Law, Charles R. King

Case Western Reserve Journal of International Law

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

NULLITY AND REVISION: THE REVIEW AND ENFORCEMENT OF INTERNATIONAL JUDGMENTS AND AWARDS

By W. Michael Reisman

New Haven: Yale University Press, 1971. Pp. vii, 900. $25.00.

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THE ENDLESS CRISIS

Edited by Frangois Duchne

New York: Simon and Schuster, 1971. Pp. 310. $2.75.

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INTERNATIONAL LAW, NATIONAL TRIBUNALS AND THE RIGHTS OF ALIENS By Grant Dawson and Ivan L. Head

Syracuse: Syracuse University Press, 1971. Pp. vii, 344. $11.75.

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THE LIMITED ELITE: POLITICS AND GOVERNMENT IN TWO INDIAN CITIES

By Donald B. Rosenthal

Chicago: University of Chicago Press, 1970. Pp.vii, 360. $12.75.

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INTERNATIONAL LAW: THE SUBSTANCE. …

The Question Of Compensation: A Third World Perspective, Norman Girvan

Vanderbilt Journal of Transnational Law

The question of compensation for expropriated property takes us, in many respects, to the heart of the relationship between the developed capitalist countries and the Third World. On no other subject is the gulf between the two--in interests, perspectives and position--potentially so great, nor so pregnant with passionate and violent conflict. The rules of international law, the principles of international economics and the science of international politics can help clarify the issues involved and provide arguments for the claims of contending parties. But they cannot yield solutions which are "neutral" or are free of value judgments and philosophical assumptions which …

International Law And Conflict Resolution: Palestinian Claims And The Arab States, J. L. Taulbee, David P. Forsythe

Vanderbilt Journal of Transnational Law

Over the last few years there has been a revival of interest in international law as a mechanism for conflict resolution. These same years have seen a demonstration of the undeveloped state of international law, particularly concerning intrastate conflicts. The wide disagreement about questions of fact, legal consequence, and world order implications of internal war is a telling commentary on the current problems of applying legal standards to such conflicts. A major part of the disagreement can be explained in terms of the specific problems relating to fact determination and authoritative interpretation engendered by the nature of the environment in …

Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt

Vanderbilt Journal of Transnational Law

JUDICIAL REVIEW IN THE CONTEMPORARY WORLD

By Mauro Cappelletti

Indianapolis: Bobbs Merrill, 1971. Pp. xi, 117. $8.50 ($4.50 student edition).

reviewer: Max Rheinstein

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THE PRICE OF INTERNATIONAL JUSTICE

Philip C. Jessup

New York: Columbia University Press, 1971. Pp. ix, 82. $5.95.

reviewer: Eugene V. Rostow

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THREE WORLDS OF DEVELOPMENT: THE THEORY AND PRACTICE OF INTERNATIONAL STRATIFICATION

By Irving Louis Horowitz

New York: Oxford University Press, 1972. Pp. xxx, 556. $15.00 (Paperback, $3.50).

reviewer: William O. Thweatt

Statutory Reform In Claims Against Foreign States: The Belman-Lowenfeld Proposal, Richard K.V. Hines, Kurt A. Strasser

Vanderbilt Journal of Transnational Law

The executive branch of the United States Government has indicated recently that it is reexamining its dominant judicatory role in the field of sovereign immunity of foreign states. Studies undertaken in 1966 by the State Department resulted in the preparation of draft legislation on sovereign immunity that the Department has been studying for possible presentation to Congress. The proposed Belman-Lowenfeld legislation would completely remove the State Department from any role in deciding sovereign immunity cases. The proposal itself would subject foreign states to the jurisdiction of United States federal courts for activities carried on or having a direct effect in …

Editor's Foreword, Harold G. Maier

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law includes two presentations to the 1972 Symposium of the Vanderbilt International Law Society and Regional Meeting of the American Society of International Law. First, Henry Harfield of the New York Bar discusses the relevance of international and transnational law to international commercial transactions, with a special emphasis on the usefulness of the Uniform Customs and Practices for Commercial Documentary Credits. Secondly, Sheldon S. Cohen, a member of the District of Columbia Bar and past Commissioner of Internal Revenue, focuses on the United States tax implications of changing currency values. While four …

The Public And Private International Response To Aircraft Hijacking, Gary N. Horlick

Vanderbilt Journal of Transnational Law

The interests of aircraft hijackers are not easily summarized, if for no other reason than that the motivation of a given incident often cannot be clearly defined. For example, the recent extortion hijackings could have been motivated as easily by a desire for notoriety or other psychological reward as by a desire for cash. Hijackers exhibit, however, several recurring motivations. One fairly consistent element is the desire of the hijacker to escape the country in which he lives. Clearly, this motive was present in the eighteen attempts (eleven successes, seven failures) to flee Eastern European countries since 1960 by hijackers …

A New Concept Of Consent And World Public Order, Stuart S. Malawer

Vanderbilt Journal of Transnational Law

There have been, however, many instances under traditional international legal theory when a state's consent has not been required. Professor Brierly, in a trenchant critique, has stated that consent as the basic concept of obligation under customary international law has involved no more than the use of a legal fiction. Moreover, the traditional notion of consent in treaty law has stated that any form of coercion on the state does not invalidate a treaty; freely given consent is not required. Furthermore consent by new states to existing rules of customary international law has been implied regardless of any actual consent. …

Recent Decisions, Arthur R. Louv, Mark R. Von Sternberg, Jesse W. Hill, Glen T. Oxton

Vanderbilt Journal of Transnational Law

ADMIRALTY--DAMAGES--AWARD ALLOWED FOR EMOTIONAL DISTRESS OF SURVIVING SPOUSES AND CHILDREN, OR PARENTS, UNDER GENERAL MARITIME LAW

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ANTITRUST--EXTRATERRITORIAL JURISDICTION--EFFORTS TO SECURE ACTION BY A FOREIGN STATE CONDUCIVE TO MONOPOLIZATION NOT PRIVILEGED; ACT OF STATE DOCTRINE BARS ANTITRUST CLAIM ARISING FROM ACTS OF A FOREIGN SOVEREIGN ALLEGEDLY INDUCED BY DEFENDANT

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CONSTITUTIONAL LAW--CITIZENSHIP--FIVE YEAR STATUTORY RESIDENCE REQUIREMENT AS A CONDITION SUBSEQUENT TO RETENTION OF CITIZENSHIP BY PERSONS BORN ABROAD NOT VIOLATIVE OF FIFTH AMENDMENT DUE PROCESS

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PRIVATE INTERNATIONAL LAW--SOVEREIGN IMMUNITY--EXECUTIVE SUGGESTION BINDING ON COURTS DESPITE CONTRACTUAL WAIVER OF IMMUNITY

Book Reviews, Werner Baer, John B. Marshall, Justin P. Wilson, Emmanuel Bello

Vanderbilt Journal of Transnational Law

INDIRECT TAXATION IN DEVELOPING ECONOMIES: THE ROLE AND STRUCTURE OF CUSTOMS DUTIES, EXCISES, AND SALES TAXES

By John F. Due

Baltimore: The Johns Hopkins Press, 1970. Pp. viii, 201. .$9.00

reviewer: Werner Baer

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THE INTERNATIONAL LAW OF CIVIL WAR

Edited by Richard A. Falk

Baltimore: Johns Hopkins Press, 1971. Pp. xix, 452. $15.00

reviewer: John B. Marshall

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NATIONAL INTERESTS AND THE MULTI-NATIONAL ENTERPRISE

By Jack N. Behrman

Englewood Cliffs, New Jersey: Prentice-Hall, 1970. Pp. 194. $4.95

reviewer: Justin P. Wilson

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TRANSNATIONAL BUSINESS COLLABORATION AMONG COMMON MARKET COUNTRIES: ITS IMPLICATIONS FOR POLITICAL INTEGRATION

By Werner J. Feld

New …

Recent Treaties And Statutes, Arthur R. Louv, Woodard E. Farmer, Jr., Mark R. Von Sternberg

Vanderbilt Journal of Transnational Law

ADMIRALTY--AMENDMENT TO FEDERAL MARITIME LIEN ACT--CHARTERER CONCLUSIVELY PRESUMED TO AUTHORIZE LIENS FOR NECESSARIES AND REPAIRS

Arthur R. Louv

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TERRITORIAL JURISDICTION--MASSACHUSETTS JUDICIAL EXTENSION ACT--STATE LEGISLATURE EXTENDS JURISDICTION OF STATE COURTS TO 200 MILES AT SEA

Woodard E. Farmer, Jr.

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TERRITORIAL JURISDICTION--MINING THE DEEP SEA BED--INTERNATIONAL PROBLEMS AND NATIONAL RESOLUTIONS

Mark R. von Sternberg

Report On The Regional Meeting At The Vanderbilt University School Of Law, Harold G. Maier

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law includes two articles that are based on papers presented at the Regional Meeting by Henry Harfield and Sheldon Cohen. Both articles deal with current and timely questions in the international commercial field. As an introduction to those papers it may be useful to comment briefly on several of the more important questions that were raised during the panel discussion of the papers which closed the conference. This may be particularly helpful in view of the fact that Professor Friedmann's untimely death prevented him from completing the revision of his remarks for …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

BASIC DOCUMENTS IN INTERNATIONAL LAW Edited by Ian Brownlie-- London: Oxford University Press, 1972 (2d ed.). Pp. x, 284. $4.50.

LAW AND INTERNATIONAL LAW: A BIBLIOGRAPHY OF BIBLIOGRAPHIES By Theodore Besterman-- Totowa, New Jersey: Rowman and Littlefield, 1971. Pp. x, 436. $20.00.

CONFLICT ISSUES AND INTERNATIONAL CIVIL AVIATION DECISIONS: THREE CASES By Young W. Kih-- Denver: 1970-1971 Monograph Series in World Affairs, University of Denver, 1971. Pp. xi, 96. $1.00.

THE INTERNATIONAL COFFEE AGREEMENT: A STUDY IN COFFEE DIPLOMACY By Bart S. Fisher New York: Praeger Publishers, 1972. Pp. xx,287. $17.50.

LAW AND POLITICS IN OUTER SPACE: A BIBLIOGRAPHY By …

Corporate Nationality And The Diplomatic Protection Of Multinational Enterprises: The Barcelona Traction Case, Nigel S. Rodley

Indiana Law Journal

No abstract provided.

Book Notes: International Protection Of Human Rights, Alessandra Luini Del Russo

Vanderbilt Journal of Transnational Law

Until the Nuremburg Tribunal, international thought concerning human rights conformed to the idea that the guarantor of these rights was the national sovereign. With the birth of the United Nations and the Universal Declaration of Human Rights, the need for international guarantees of human rights within a state was formally recognized; that individuals have certain inalienable human rights is a proposition which few nations will dispute today. Furthermore, despite wide ideological differences, most states have found it possible to agree on the scope and consequences of man's fundamental freedoms.

The University And The Bail System: In Loco Altricis, Harry W. Pettigrew

Cleveland State Law Review

The central argument of this article is that where a transient college student is arrested financial bail is seldom necessary to assure the defendant's presence in court. However, in such a case financial bail is almost always required by the court, since in the area of bail, as with other criminal law problems, the pragmatic exigencies of the traditional American criminal law system place a heavy burden on any transient to realize the same protections, privileges, and rights provided the indigenous population.' The principal objective of this article is to describe an alternative to the financial bail system for the …

Consular Officer's Amenability As Witness, Stephen J. Werber

Cleveland State Law Review

Contrary to the extensive immunities granted to members of the diplomatic service, members of consular posts are given only limited privileges and immunities. The existence and limitation of consular immunities arise by virtue of the office. Thus the consular officer can be called upon to testify in both civil and criminal matters under common law, international law, and treaty provision. In the absence of a treaty, consuls are generally exempt from giving testimony relating to matters acquired within the scope of their official duties or as to material contained in the consular archives. The purpose of this paper is to …

Book Review

Missouri Law Review

William Fratcher reviews General Telford Taylor's 1970 book, Nuremberg and Vietnam: An American Tragedy. In the book under review, General Taylor appears to approve the conviction of crimes against the peace by the first or international Nuremberg Tribunal in the case of high military and government officials who participated in Hitler's planning of wars of aggression but to question that tribunal's holding that Admiral Doenitz waged aggressive war -merely by commanding a flotilla of submarines. Now that twenty-two years have elapsed since he sought their conviction of that offense, General Taylor appears to be thankful that the tribunal acquitted all …

From International Laws To International Economic Community Law, David A. Funk

Case Western Reserve Journal of International Law

No abstract provided.

International Laws As Integrators And Measurement In Human Rights Debates, David A. Funk

Case Western Reserve Journal of International Law

No abstract provided.

Recent Cases, Journal Staff

Vanderbilt Journal of Transnational Law

Plaintiff, a West German foundation, sued to enjoin infringement of United States trademarks by defendant, an East German "peoples-owned enterprise." The original Carl Zeiss Stiftung was created at Jena in 1889 with the required approval of the Duchy of Saxe-Weimar-Eisenach for the purpose of owning and operating an optical business for profit. In 1945, before Jena became part of the Soviet Zone, United States military authorities evacuated all members of the Zeiss Board of Management, as well as key personnel, to Heidenheim, Wuerttemberg, in the United States zone. In 1948, the Soviet Union expropriated all Zeiss assets in Jena, including …

Development Of Ocean Space - An International Dilemma, Arvid Pardo

Louisiana Law Review

No abstract provided.

The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato

Washington and Lee Law Review

No abstract provided.

Manifest Intent And The Generation By Treaty Of Customary Rules Of International Law, Anthony D'Amato

Faculty Working Papers

I shall argue in this essay that the World Court used a method which might be called the rule of manifest intent in the North Sea Continental Shelf Cases, that this method differs from a more traditional approach found in the writings of publicists, and that this new method accords well with the growing need to objectify and place upon a scientific basis the methodology by which one may determine what in fact are the rules of customary law.

Development Of International River Basin: Regulation Of Riparian Competition: Part Ii, Nitza Shapiro-Libia

Indiana Law Journal

No abstract provided.

United States Foreign Policy Toward South Africa: An Appraisal, Charles G. Burr

Vanderbilt Journal of Transnational Law

In recent years there have been notable cases in which United States involvement in African affairs has had a serious bearing on the United States' general international position, affecting its relations with the United Nations and other states, both African and non-African. The foremost of these cases is South Africa. In the view of many observers of the situation, the actions of the South African government cause reactions that jeopardize United States interests throughout the remainder of independent black Africa, undermine United States influence in the United Nations, and stimulate the nationalist movements within and outside South Africa to seek …

Case Comments--International Law--Corporations--State Denied Standing To Sue For Injury, Journal Staff

Vanderbilt Journal of Transnational Law

The Barcelona Traction, Light and Power Company, Ltd.,(hereinafter referred to as Barcelona Traction) was incorporated under Canadian law in 1911 with its main office in Toronto. Several subsidiaries were formed, all under Canadian law, to develop, produce, and distribute electric power in the vicinity of Catalonia, Spain. To finance these operations, the company issued both peseta and sterling bonds, the shares in some of the subsidiaries providing security to a Canadian bank for the sterling bonds. Revenue produced by the subsidiaries from their operations in Spain was used to service the bond interest. Servicing was suspended for the duration of …