International Law Commons^™

The Dominant Role Of Administrative Law In The Soviet Legal System, Olimpiad S. Ioffe

Connecticut Journal of International Law

Soviet doctrine distinguishes between the system of legislation and the system of law. In Soviet legal terminology, "legislation" encompasses all normative acts, including those issued by administrative-executive agencies, while "laws" refers to normative acts adopted by the legislature. When the system of legislation is categorized according to legal importance, a hierarchy emerges with the Constitution at the top and normative acts of local executive committees at the bottom. Such a legal hierarchy assumes the subordination of normative acts of a lower level to normative acts of a higher level and, ultimately, to the Constitution as the normative act of the …

The Gray Market In The United States: Law, Policy, And Myth, John T. Mcdermott

Connecticut Journal of International Law

The importation of counterfeit goods bearing another's trademark is generally considered, at least in developed countries, a wrongful and illegal act properly prohibited by law. "Gray market" or "parallel" imports present a very different issue, for the product is genuine and the trademark was affixed legally. But are gray market imports themselves "legal," and do they "hurt consumers badly," as Ms. Furness maintains?

Trademark holders and their licensed distributors argue that gray market imports are, or should be, illegal" as they result in the improper appropriation of the good will of the trademark owners by the gray marketers and because …

Open Markets Or Protectionism For International Ocean Shipping? - Developments In United States Law And Policy, Walter H. Lion

Connecticut Journal of International Law

The ocean shipping industry has experienced constant tension with respect to the issue of whether, and to what extent, the business of carrying goods on seagoing vessels should operate in an open market or in one that is protected.' Recently this dispute has taken on new intensity and importance as developing nations and the United Nations Conference on Trade and Development [UNCTAD] have attempted to restrict carrier access to world shipping. At the same time, United States policy makers and portions of the shipping industry have renewed efforts to maintain and expand an open world shipping market.

This article will …

Recent Approaches To Situs Of Debt In Act Of State Decisions, Karen L. Goldthwaite

Connecticut Journal of International Law

The act of state doctrine, in its traditional formulation,' precludes inquiry by the courts of this country into the validity of the public acts committed by a recognized foreign sovereign power within its own territory. One of the situations in which the doctrine commonly is invoked by non-American litigants arises where a foreign sovereign purports to confiscate a debt or obligation owed to a national of the foreign country by an American bank or owed by some other party but held by an American bank. A related problem with respect to which the doctrine is also raised involves actions taken …

Baselines Configure The Atlantic Coastline Of The United States: United States V. Seward, Stephen W. Aronson

Connecticut Journal of International Law

The District Court for the District of Connecticut held in United States v. Seward' that the United States Coast Guard had authority to seize a British vessel, suspected of transporting illicit drugs into the United States, on the high seas. In reaching this decision, the district court construed the Agreement on Narcotic Drugs: Interdiction of Vessels to mean that Nantucket Island comprised part of the Atlantic coast of the United States.

This note first examines the methods of defining coastal boundaries under both international law and United States municipal law. Next, the district court's opinion is outlined. Lastly, the court's …

Significant Developments In The United States Law Governing International Commercial Arbitration, John T. Mcdermott

Connecticut Journal of International Law

Common law judges have long been suspicious of arbitration agreements. In England throughout the eighteenth century, there was a '"very great inclination in the courts . . . to throw obstacles in the way of arbitration." Judges in that period were prone to view arbitration agreements as attempts to oust the courts of jurisdiction, and thus as "contrary to the policy of the law." The result of this negative stance was that a party to a contract containing an arbitration agreement could circumvent arbitration simply by commencing a lawsuit. The courts' hostility remained evident well into the early years of …

Negotiating An International Technology Joint Venture, James A. Dobkin

Connecticut Journal of International Law

Consider a hypothetical United States corporation, BathyTech Industries,' that for three years has been involved in the research and development of bathymetric navigation technology.' BathyTech's research department has made significant advances toward developing a prototype system. However, it has expended very considerable sums and substantial additional risk capital is necessary to bring the product to the point of commercial application. BathyTech has not previously marketed navigational systems, and has little experience in marketing outside the United States. Nevertheless, there is substantial market demand for an effective bathymetric navigation system. The board of directors and management are reluctant to invest the …

Legal Considerations Affecting Foreign Bank Acquisitions Of United States Banks, Robert L. Tortoriello, Christopher K. Aidun

Connecticut Journal of International Law

This article discusses various legal considerations involved in the acquisition of a U.S. bank or bank holding company [a target] by a foreign bank or bank holding company [a foreign acquiror]. It summarizes a foreign acquiror's options in light of federal banking laws affecting the manner in which such a transaction might be consummated. This article also briefly addresses other important legal considerations - state banking law requirements, federal and state tax consequences, and disclosure requirements under federal and state securities laws affecting the acquisition of a U.S. bank or bank holding company.