International Law Commons^™

Dedication

Penn State International Law Review (1982 - 2011)

No abstract provided.

Horizons International V. Baldridge, Glenn M. Campbell

Penn State International Law Review (1982 - 2011)

No abstract provided.

The International Fallout From Chernobyl, Victoria Riess Hartke

Penn State International Law Review (1982 - 2011)

This Comment will examine the nuclear reactor accident at Chernobyl and its legal consequences in the international arena. In examining these consequences, several important doctrines of international law will also be discussed.

Coimterpurchase Contracts And Their Contractual Issues, Joseph J. Van Dort, Eliard Friese

Penn State International Law Review (1982 - 2011)

This article introduces the three main forms of countertrade, offering an overview of the legal problems attendant upon entering into a countertrade and counterpurchase agreement. Various contract provisions are examined, and an explanation is given as to the impact· of each.

Ordinary People: Soviet-American Transnational Marriage And The International Implications Of Divided Spouses, Julia T. Garrett

Penn State International Law Review (1982 - 2011)

They are indeed ordinary people. This comment examines the problem of divided spouses and blocked marriages within the framework of international law and the complex realties of superpower politics between the United States and Soviet Union. The author utilizes illustrative cases, suggests remedies, and discusses the possible future international implications of leaving the issue unresolved.

Thinning Air, Better Beware: Chlorofluorocarbons And The Ozone Layer, Melissa S. Lobos

Penn State International Law Review (1982 - 2011)

This comment reviews the significant international measures taken to study, regulate and curtail problems caused by chlorofluorocarbons in the ozone layer, including the adoption of the "Montreal Protocol on Substances that Deplete the Ozone Layer" by twenty-four countries and the European Economic Community in September, 1987. Universal acceptance is proposed in order to solve the major problems of enforcing· regulatory actions, and to foster the development of alternatives to chlorofluorocarbons.

Another Look At The Eec Judgments Convention: Should Outsiders Be Worried?, Bruce M. Landay

Penn State International Law Review (1982 - 2011)

This article addresses the problems of "exorbitant" jurisdiction under the EEC Judgments Convention. Specifically, the author discusses the threat that Article 4 of this document may be used by EEC members to exercise in personam jurisdiction against non-member states. The history and usage of "exorbitant" jurisdiction are discussed, with reference to its legal development, its application under the EEC convention, and its importance in terms of the Hague Draft Convention.

Re-Evaluating Alien Exclusion In Light Of Aids, Kerry E. Voss

Penn State International Law Review (1982 - 2011)

The Immigration and Naturalization Service has adopted an AIDS testing program to screen individuals requesting permanent status in the United States. The comment discusses this complex disease and the accompanying legal ramifications on immigration law, given the traditional bases for exclusion of aliens.

Developments In European Product Liability, Ferdinando Albanese, Louis F. Del Duca

Penn State International Law Review (1982 - 2011)

The eight questions discussed in this article are as follows: (1) Why is new legislation needed in the field of product liability? (2) What should be the basis of a new regime of product liability? (3) Who should be liable? (4) What products should be subject to a new regime of product liability? (5) Who should be entitled to sue? (6) What defenses shall be allowed? (7) What damage should be compensated? (8) How long should the producer's liability last?

"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar

Penn State International Law Review (1982 - 2011)

This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.

Nationhood, International Obligation And Federal Structure: An Historical Overview Of The Australian Experience, David D. Knoll

Penn State International Law Review (1982 - 2011)

This article focuses on the interrelationship between the Commonwealth Government of Australia and the Australian state governments with regard to external affairs.

The Gatt Dispute Settlement Procedure In The 1980s: Where Do We Go From Here?, Patricia Kalla

Penn State International Law Review (1982 - 2011)

This Comment will examine the GATT dispute settlement procedure in relation to its operative context. Emphasis is on determining the true origin of the dispute settlement system's inefficacy. An overview of historical developments will be followed by an explanation of the dispute settlement law and procedure. Noncompliance with GATT rules and remedial efforts to correct that noncompliance will be examined at some length. Finally, the necessity for future reform of the dispute settlement procedure will be discussed.

Matsushita V. Zenith: Sovereign Compulsion And Conspiracy Go Out Before The Trial Goes On, Michael K. Sweig

Penn State International Law Review (1982 - 2011)

This Article suggests that the Foreign Sovereign Immunities Act and its commercial activities exception adequately answer questions that pre-FSIA courts had used the sovereign compulsion doctrine to solve. Recent Supreme Court case law indicates that application of the sovereign compulsion defense in foreign antitrust litigation requires the precise analysis required and already provided for by the commercial activities exception to FSIA.

Treasury Secretary James Baker's "Program For Sustained Growth" For The International Debt Crisis: Three Steps Toward Global Financial Security, Nancy A. Aliquo

Penn State International Law Review (1982 - 2011)

This comment will offer a brief overview of the factors leading up to the present international debt crisis. The second and third prongs of Secretary Baker's Program for Sustained Growth will then be analyzed with particular emphasis on the roles Secretary Baker recommends that the IMF, the World Bank, and multinational commercial lending institutions play in resolving the LDC crisis. Last, actions that must be taken by the LDCs as well as LDC demands for trade liberalization will be discussed, along with the effects such trade liberalization would have on the LDC debt situation.

Simultaneous Rediffusion By Cable Television Operators In Canada And The Problems Of Nonpayment Of Copyright Royalties, Larry Seidenberg

Penn State International Law Review (1982 - 2011)

This Article surveys a controversial issue involving both Canadian and United States copyright interest groups. Simultaneous rediffusion involves the unauthorized reception and retransmission or rediffusion of copyrighted United States broadcast programming by foreign cable television systems. The issue has important ramifications for a future revision of the copyright by the Canadian Parliament as indicated in the Revision of Copyright Subcommittee Report of October 1985 and is useful to an examination of United States copyright principles and the international role of the United States in copyright.

This author's conclusion is that compulsory license for simultaneous rediffusion of broadcast signals is a …

Feast Or Famine: Do Ethiopians Have A Choice?, Janice J. Bole

Penn State International Law Review (1982 - 2011)

This Comment will discuss whether an international human right to food can exist and, if so, whether Ethiopians have a right to be fed by their government given the circumstances of the current famine. An overview of Ethiopia's political and social environment will be followed by an examination of international human rights law as it is reflected in treaties, international agreements, and the customs and practices of states.

Volume 4 - Number 2: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Preemption In The Fisheries And The United Nations' Law Of The Sea Treaty, Leslie M. Macrae

Penn State International Law Review (1982 - 2011)

This article will examine the potential serious impact on traditional patterns of fishery management in the United States if the Law of the Sea Treaty is eventually signed. Preemption, a process by which the federal government takes over fishery management within the coastal states' territorial waters, may be facilitated, and in some cases required, if the Treaty is adopted.

The Application In United States Courts Of The Public Policy Provision Of The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Hakan Berglin

Penn State International Law Review (1982 - 2011)

The purpose of this article is to analyze the some of the cases decided to date about the interpretation of the public policy defense under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and, in particular, to emphasize the possible confinement of these cases to their facts. As will be seen, this will lead to the conclusion that while the courts have undoubtedly indicated a narrow construction of the public policy defense, the facts of the cases have hardly presented a real test of how far the courts are prepared to go in enforcing foreign arbitral awards …

An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa

Penn State International Law Review (1982 - 2011)

This article will review specific provisions of the Draft Convention Against Torture. Those sections that resolve the conflicting interests at the heart of the non-interference and declaration of competence principles will be highlighted. Those provisions in which the drafters were unable to reach an effective compromise will also be analyzed. The article will focus in one section upon the current Watson/D'Amato debate regarding the existence or non-existence of world-wide enforcement power. Finally, the article will propose further methods through which nations can enforce and promote human rights throughout the world.

Keeping "The Wild" Out Of "The Wild Blue Yonder": Preventing Terrorist Attacks Against International Flights In Civil Aviation, David L. Glassman

Penn State International Law Review (1982 - 2011)

This comment begins by discussing the ineffectiveness of ex post facto measures in controlling terrorism. It then describes the preventive - or "pre-attack" - measures which nations and their air carriers should take in order to secure aircraft prior to departure. In this respect, the annexes amending the Convention on International Civil Aviation will be emphasized insofar as they relate to aviation security precautions. Finally, the comment focuses upon the methods by which states can enforce the provisions of the annexes against one another.

Volume 5 - Number 1: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Gatt And The Vra: Japanese Automobile Imports And Trade Protectionism, Gregory S. Kurey

Penn State International Law Review (1982 - 2011)

This Comment discusses the international trade implications of the VRA on Japanese-American automobile trade and the utilization of GATT as a legal instrument for addressing the problem at hand. The comment begins with a basic overview of the development of the import problem and the current status of the VRA. The Comment will then discuss the traditional applications of the Article XIX escape clause provision of GATT, its shortcomings, and potential changes that would increase GATT's effectiveness in dealing with the Japanese import problem and escape clause actions. While other legal commentators have addressed these same issues, changes in the …

Impact Of The United States International Trade Commission On Commercial Transactions, Italo H. Ablondi, Pamela A. Mccarthy

Penn State International Law Review (1982 - 2011)

The impact of the decisions and actions of the United States International Trade Commission (ITC) upon international commercial transactions is not only far-reaching but also triggers an enormously varied response.

After Tel-Oren: Should Federal Courts Infer A Cause Of Action Under The Alien Tort Claims Act, Gregory A. Gross

Penn State International Law Review (1982 - 2011)

This Comment, consisting of three main parts, examines the cause of action issue that arose in Tel-Oren v. Libyan Arab Republic and places it in the context of the Alien Tort Claims Act's (ACTA) prior history. The first part focuses on the three instances in which a federal court has used the statute to exercise jurisdiction in an alien tort action. The second part examines the Tel-Oren case, centering on two of the three concurrences forming the District of Columbia Court of Appeals' decision. The third part suggests that proving a distinct cause of action embodied in the law of …

Internal Revenue Code Section 7701(B): A More Certain Definition Of Resident, Rolf E. Kroll

Penn State International Law Review (1982 - 2011)

The purpose of this Note is four-fold. First, it seeks to articulate the central concepts underlying taxation of nonresidents and residents. In so doing, the discussion endeavors to show the importance of section 7701(b) of the Internal Revenue Code. Second, it attempts to cancas the case law and pertinent regulations and rulings and highlight the ambiguities therein. Third, the discussion will address the essential features of section 7701(b) and illustrate Congress' new approach to the problem of determining resident status for aliens. Finally, the policy implications of 7701(b) are examined and suggestions for further improvement are made.

A Proposal To Abolish The U.S. Court Of International Trade, Kevin C. Kennedy

Penn State International Law Review (1982 - 2011)

In 1980 Congress enacted the Customs Courts Act of 1980, a law designed to "improve the Federal judicial machinery by clarifying and revising certain provisions of title 28, United States Code, relating to the judiciary and judicial review of international trade matters." Among the revisions enacted was the enlargement of the jurisdiction of the United States Customs Court, renamed the United States Court of International Trade ("CIT") over most actions involving import transactions into the United States. Born out of a legislative concern that litigants were bring frustrated in their attempts to obtain judicial review, the Customs Courts Act of …

Laker Airways: Recognizing The Need For A United States-United Kingdom Antitrust Treaty, Mark P. Barbolak

Penn State International Law Review (1982 - 2011)

This article analyzes the conflict between the United States and the United Kingdom regarding the extraterritorial application of American antitrust laws. It begins by presenting a history of the dispute and then describes how that dispute culminated in a judicial battle in the Laker Airways litigation.

The article recognizes, however, that the question of extraterritorial application of United States antitrust laws is too political in nature to be determined in the judicial arena. Indeed, recent attempts by United States courts to balance United States and foreign interests have done nothing to assuage Britain's aversion toward American antitrust laws. This article …

The Multinational's Dilemma: The Ibm Proceeding In Europe, William F. Colby Jr.

Penn State International Law Review (1982 - 2011)

This Comment will discuss the extraterritorial application of antitrust legislation in general and the international conflicts produced thereby.

Volume 4 - Number 1: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.