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Historic Bays In International Law--An Impressionistic Overview, L. F. E. Goldie

Syracuse Journal of International Law and Commerce

This paper takes up the traditional concept of historic bays as one time-honored basis for asserting national claims at the expense of the common high seas, which, however, unlike some of the more recent forms of decentralized enclosures, purports to rely on, or should rely on, a specific, objective, and clearly articulated definition, rather than on a subjective one.

International Law & International Order, Daniel Patrick Moynihan

Syracuse Journal of International Law and Commerce

It is just a quarter-century since I first came to Syracuse University to teach at the Maxwell School. Sobered by the discovery that elections can be lost as well as won, I settled down and promptly finished my doctoral dissertation in the field of international law and organization. In time, along with Harlan Cleveland, then Dean at Maxwell, I left to join the Kennedy Administration. He became Assistant Secretary of State for International Affairs and, generous as always, he saw to it that I had a small hand in such matters, beginning an involvement that has been more or less …

Historic Bays Of The Mediterranean: A Conference Sponsored By Syracuse University And The University Of Pisa, Goodwin Cooke

Syracuse Journal of International Law and Commerce

On every continent, and since time practically immemorial, nation states have invoked the phrase "historic bays" to assert sovereignty over waters which would otherwise be part of the high seas. This foreword introduces the issues raised in regard to historic bays at a conference held in New York City, October 12-13, 1984.

The Pitfalls Of International Commercial Arbitration, James M. Rhodes, Lisa Sloan

Vanderbilt Journal of Transnational Law

The purpose of this Article is to examine the pitfalls of international arbitration on a broad scale. These pitfalls can be roughly grouped into two categories: (1) those endemic to the process of dispute resolution by a "private extra-judicial tribunal which derives its power from the agreement of the parties,"2 including difficulties unforeseen in the drafting of the agreement that add delay, complications, and expense to the proceedings; and (2) those related to using the rules of a particular institution. Ideally, planning and skillful drafting can eliminate both types of pitfalls and preserve the advantages of arbitration over other available …

Some Reflections On The Contribution Of The International Court Of Justice To The Development Of International Law, Manfred Lachs

Syracuse Journal of International Law and Commerce

This article focuses on the ways in which the International Court of Justice influences international law.

International Control Of Illicit Movement Of The Cultural Heritage: The 1970 Unesco Convention And Some Possible Alternatives, Lyndel V. Prott

Syracuse Journal of International Law and Commerce

The author argues that it is necessary to use international law to prevent the illicit transfer of the cultural heritage of the nations of the world; utilizing the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; as well as other measures to accomplish this.

Telecommunications, Outer Space, And The New International Information Order (Niio), Carl Q. Christol

Syracuse Journal of International Law and Commerce

In determining the distribution of the invisible resources of the space environment; e.g. radio frequencies and geostationary orbital positions; through such international institutions as the UN, ITU, and UNESCO; much deference will be accorded to the prerogative of national choice. Such choice must, of necessity, be conditioned by suitable concerns for the well-being of the entire world community.

Books Received, C. A. P.

Vanderbilt Journal of Transnational Law

Books Received ================

Documents on Prisoners of War Edited by Howard S. Levie Newport, Rhode Island: Naval War College Press, 1979. Pp. 841.

Chinese Family Law and Social Change in Historical and Comparative Perspective Edited by David C. Buxbaum Seattle, Washington: University of Washington Press, 1978. Pp. 553. Bibliography and Chinese-English Glossary

The Definition of Law By Herman Kantorowicz Edited by A. H. Campbell New York: Octagon Books, 1980. Pp. 89. $13.50

The Legal Regime of Islands in International Law By Derek W. Bowett Dobbs Ferry, New York: Oceana Publications, Inc.,1978. Pp. 337. Diagrams and Maps.

International Norms and National …

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

APPLICABLE LAW IN INTERNATIONAL COMMERCIAL ARBITRATION By Julian D. M. Lew. Dobbs Ferry, New York: Oceana Publications,1978. Pp. 633.

COMPARATIVE LAW YEARBOOK Issued by The Center for International Legal Studies Germantown, Maryland: Sijthoff & Noordhoff, 1979. Pp. 300.

CONTEMPORARY INTERNATIONAL LAW: A CONCISE INTRODUCTION By Werner Levi Boulder, Colorado: The Westview Press, 1979. Pp.391.

DIRECT INVESTMENT AND DEVELOPMENT IN THE U.S. By Raymond J. Waldman Washington, D.C.: Transnational Investments, 1979.Pp. 413.

ENHANCING GLOBAL HUMAN RIGHTS Edited by J. I. Dominguez and others New York: McGraw-Hill, 1979. Pp. 270.

THE ETHNOGRAPHY OF LAW By Laura Nader Menasha, Wisconsin: American Anthropological Association, …

The Foreign Corrupt Practices Act: Problems Of Extraterritorial Application, Shelley O'Neill

Vanderbilt Journal of Transnational Law

The Foreign Corrupt Practices Act of 1977, an amendment to the Securities and Exchange Act of 1934 (Exchange Act), criminalizes bribery of foreign officials and requires audit controls and accurate reporting of transactions by United States companies. By enacting the legislation, Congress condemned foreign bribery as distorting trade and investment, undermining public confidence in United States enterprise, and damaging foreign relations. The Securities and Exchange Commission (SEC) also opposed corporate bribery as a threat to managerial accountability to shareholders. President Carter, while signing the legislation, emphasized its basic policy considerations.

The Act responded to increasing revelations concerning the widespread practice …

In Search Of An International Solution To Bribery: The Impact Of The Foreign Corrupt Practices Act Of 1977 On Corporate Behavior, Steven M. Morgan

Vanderbilt Journal of Transnational Law

Since enactment, the FCPA has been criticized for its ambiguity, pitfalls, and underlying policy weakness. For instance, a payment of $10,000 to a customs official by X Corporation in order to speed a shipment of perishables through customs would be a legal facilitating payment under the FCPA. Under the same circumstances, however, a $100 payment to a Cabinet minister who has the discretionary power to clear the shipment will subject the X Corporation to a million dollar fine and expose the guilty company officer, director or employee to a jail term of up to five years for violating the FCPA. …

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

COMMERCIAL OPERATIONS IN EUROPE

Edited by R. M. Goode and K. R. Simmons Published for the Faculty of Laws; Queen Mary College, University of London Boston: A. W. Sijthoff, 1978. Pp. 448.

COMPARATIVE CONSTITUTIONAL LAW

By Mauro Cappelletti and William Cohen Indianapolis, Indiana: Bobbs -Merrill, 1979. Pp. 628.

COMPARATIVE LAW: WESTERN EUROPEAN AND LATIN AMERICAN LEGAL SYSTEMS

By John H. Merryman and David S. Clark Indianapolis, Indiana: Bobbs -Merrill, 1978. Pp. 1278.

THE DISCIPLINE OF LAW

By Lord Denning London: Butterworths,1979. Pp. 330.

INTERNATIONAL LAW AND THE MOVEMENT OF PERSONS BETWEEN STATES

By Guy S. Goodwin -Gill Oxford: Clarendon Press, …

Book Review. International Development Banks By John Syz, Henry J. Richardson Iii

Articles by Maurer Faculty

No abstract provided.

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 …

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 …

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 …

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 …

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 …