International Law Commons^™

Causation Under The Escape Clause: The Case For Retaining The "Substantial Clause" Standard, Kevin C. Kennedy

Penn State International Law Review (1982 - 2011)

This Article will begin by briefly discussing the history of section 201 of the Trade Act of 1974. It will then examine the "substantial cause" standard and analyze a recent proposal by Congress to relax that standard.

Nicaragua V. United States: The Power Of The International Court Of Justice To Indicate Interim Measures In Political Disputes, Noreen M. Tama

Penn State International Law Review (1982 - 2011)

This comment will examine international case history on the question of the Court's power to indicate interim measures of protection with substantive jurisdiction is contested by a party to the proceedings. The discussion will also address what role, of any, the political realities of international legal disputes should play in the Court's decision to adjudicate matters brought before it.

The Continuing Development Of United States Policy Concerning The International Movement Of Cultural Property, Lawrence J. Persick

Penn State International Law Review (1982 - 2011)

This comment will look first at why the illicit traffic of cultural property is an area of controversy and describe what competing interests are involved. Next, the actions that have been taken both on the international level and unilaterally by the United States to counter and possibly solve the problem will be examined. Finally, the still developing policy of the United States will be reviewed and evaluated.

Collective Security Treaties And The Ability Of Allies To Limit The Movement Of United States' Military Forces - New Zealand's Nuclear Ban, Ricky K. Jones

Penn State International Law Review (1982 - 2011)

Using the ANZUS Treaty as an example, this comment will determine the extent of a state's ability to limit the movements of the military forces of an ally in the face of a collective security agreement that appears to contemplate the mobilization of military forces in preparation for the exercise of the defensive rights of both the state and the ally. The comment will begin by giving some background on the general nature of collective security treaties. It will also describe the events that led up to the signing of the ANZUS Treaty. In the next section the rules of …

Volume 3 - Number 2: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C.

Penn State International Law Review (1982 - 2011)

This Article is the Commencement Address given to the Class of 1985 at Dickinson Law School.

The Shipping Act Of 1984: Bringing The United States In Harmony With International Shipping Practices, Martha L. Cecil

Penn State International Law Review (1982 - 2011)

To place the Shipping Act of 1984 in context, this Comment begins by outlining the development of ocean liner conferences and the economics of liner operations. It then describes the changes in case law that increased foreign carriers' exposure to antitrust liability and caused foreign governments to enact retaliatory blocking statutes in an effort to protect their nationals from the extraterritorial application of United States laws. The major portion of the Comment then analyzes the Shipping Act of 1984 and compares the provisions that are responsive to international shipping practices with those that remain in conflict with generally accepted shipping …

Volume 2 - Number 2: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Volume 3 - Number 1: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Transnational Litigation In American Courts: An Overview Of Problems And Issues, Robert B. Von Mehren

Penn State International Law Review (1982 - 2011)

This Article discusses problems and issues that attorneys practicing in the area of transnational litigation must understand. These issues include obtaining jurisdiction, forum non conveniens, and service of summons.

Export Trade Certificates Of Review: Will Efficacy Be Permitted?, John A. Maher, Nancy J. Lamont

Penn State International Law Review (1982 - 2011)

A vital concept explicit in the Export Trading Company Act (ETCA) and implicit in its Title III is that the time has come for American export cartelism. This is in response to a world in which international trading does not routinely honor the competition principles to which the United States ordinarliy adheres. Despite various successful and unsuccessful attempts, it is not America's job to reform the world. It is foolish to expect American companies to compete in world markets on terms other than those which govern their competitors.

Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George

Penn State International Law Review (1982 - 2011)

Filartiga v. Pena-Irala is the paradigm for studying private torture claims against foreign officials in the United States. As the paradigm, the Filartiga action must be succinctly defined. This will assist inquiries into its judicial jurisdiction and choice of law, and it will make Filartiga-type cases more understandable and therefore more acceptable to critics. This discussion is limited to the assertion of personal jurisdiction over a foreign official for a private torture claim brought in the United States. Although this analysis is focused narrowly on Filartiga, it is designed to enhance understanding of future torture claims as well.

Contract Formation Under The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, James Edward Joseph

Penn State International Law Review (1982 - 2011)

The United Nations Convention on Contracts for the International Sale of Goods aspires to the role of a transcendent uniform law. In order to lend uniformity to international sales law, the Convention must reduce the necessity of resorting to domestic conflict rules to determine applicable law, and it must reduce forum shopping. The second section of this Comment is a brief history of the effort to unify international sales law. The third section is concerned with uniformity. The applicability of the Convention with regard to both forum shopping and reliance on domestic conflict rules will be discussed. Ratification procedures are …

The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle

Penn State International Law Review (1982 - 2011)

This Article examines the West German Administrative Procedure Act ("VwVfG"), which forms an essential element in the German model of administrative decision-making and provides valuable insight into the nature of administrative decision-making in Germany. The first section of this Article discusses the history surrounding codification of administrative procedure in Germany, the subject and scope of the VwVfG, and the role of the VwVfg plays within the overall German administrative law structure. The second section identifies the four procedural mechanisms provided for by the VWVfG to reach administrative decisions. The final section reviews administrative and judicial remedies available to contest final …

American Prisoners In Foreign Prisons: The Prisoner Transfer Treaties, Patricia M. Wilson

Penn State International Law Review (1982 - 2011)

For the average American traveler, being apprehended and arrested in a foreign country on criminal charges can be an unimaginable and bizarre experience. Whether he is in England, which has a legal system relatively similar to ours, or in China, which has a very different legal system, he is likely to be equally mistaken in believing that his status as an American citizen will be of any real assistance. Unfortunately, unless he happens to be with United States military forces or protected by some sort of diplomatic or other immunity, his criminal case will proceed from start to finish entirely …

States' Use Of The Unitary Method: A Taxing Burden On International Commerce, Bryan C. Skarlatos

Penn State International Law Review (1982 - 2011)

This comment will discuss the constitutionality of state use of the unitary method to tax multinational corporations. After considering the problems involved in allocating income between the jurisdictions in which a multinational corporation operates, the comment will examine the two predominant methods of allocation designed to solve these problems. The discussion will then analyze and criticize the Court's decision in Container Corp. v. Franchise Tax Board.

Some Aspects Of United States-Korean Trade Relations, Tae Hee Lee

Penn State International Law Review (1982 - 2011)

What follows is a general orientation for lawyers to the most pressing problems affecting United States-Korean trade relations. Most of these problems are not traditionally legal in the narrow sense. Instead, they result from major differences in Korean and American economic and political policies, as well as the even greater cultural and economic differences between the two countries.

I have titled what follows an overview - an aerial photograph of the terrain - showing the main features of the geography. These features, however, cannot be presented all at once as in a photograph, but must be presented ad seriatim in …

Revolutions And Treaty Termination, Philip Noonan

Penn State International Law Review (1982 - 2011)

It is a widely accepted principle of international law that ordinary changes in government do not affect treaty obligations. During the course of the twentieth century, however, certain states and some writers have asserted that revolutionary changes in government do affect treaty obligations. Nevertheless, many states continue to adhere to the rigid rule that treaty obligations should not be affected even by radical changes in government. This rule can create anomalous and unreasonable results. Accordingly, it may be better to replace the present blanket rule with a flexible test that encompasses all relevant factors and provides a result in accordance …

Transition From The Domestic International Sales Corporation To The Foreign Sales Corporation: Form Without Substance, Elizabeth A, Horsman

Penn State International Law Review (1982 - 2011)

This Note will first address the Domestic International Sales Corporation (DISC) mechanism for providing incentives to foreign export traders and the benefits enjoyed by DISC users. The discussion will then shift to an examination of criticisms levied against the DISC provisions by domestic and European sources. The next section will outline the Foreign Sales Corporation (FSC) legislation, and the following section will analyze its applicability to General Agreements on Tariffs and Trade (GATT) Council Rulings on the DISC. Finally, this Note will conclude that the FSC provisions will also draw GATT-EC attack as "illegal" trade practices by the United States.

Volume 2 - Number 1: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

International Electronic Funds Transfer System: Swift And Its Interface With The New Payments Code, Thomas J. Karl

Penn State International Law Review (1982 - 2011)

Increase in international trade and travel in recent years has increased the volume of international payments, most of which have traditionally been handled by commercial banks. Because paper provided the legal basis for these transactions, they were carried out via fairly complicated documents transmitted by mail. When the sums involved were very large or the time factor particularly important, Telex was used to expedite the procedure.

These factors compelled the banking world to develop a computerized international transfer system. The desired system would facilitate processing international transactions through (1) a high degree of standardization in the types of documents, procedures, …

When Is There Going To Be A United States Law Governing The Admission Of Refugees And Asylum Seekers, Linda T. Cox

Penn State International Law Review (1982 - 2011)

This comment will trace the development of United States refugees and asylum laws. In addition, the policies underlying past, current and proposed immigration laws will be analyzed.

Empirical Research About Law: The German Picture With Comparisons And Observations, Robert A. Riegert

Penn State International Law Review (1982 - 2011)

While studying current legal developments in West Germany during the summer of 1979, the author became convinced that the most important development in German law in the past two decades was the movement toward empirical research about law. This research is often referred to by German jurists as fact research in law. During the intervening years, the author has been able to trace dome major developments of this movement.

The principal aim of this article is to furnish information to the American legal community about social-fact research in law resulting from the German experience. Discussion of Germany's experience is appropriate …

Investment And The Andean Pact: From Political Response To Legal Structures To Safe Harbors, Robert Carcano

Penn State International Law Review (1982 - 2011)

The Latin American experience clearly establishes that economic development involves profound social and political change. Despite modernization efforts, economuc benefits eluded Latin American leaders. This fact led to the widespread perception that a new international legal strucure had to be forged if the region's myriad social concerns were to be addressed. Regional economic integration was a necessary first step.

Integration enabled Latin American statesmen to address insurmountable national problems on a regional level. In the Latin American context, however, economic integration efforts became intertwined with the new nationalism. Despite this beginning, the structures that eventually arose formed a relationship which …

British Anti-Discrimination Law: An Introduction, Christopher Mccrudden

Penn State International Law Review (1982 - 2011)

The United Kingdom is a signatory of a number of international treaties protecting various aspects of human rights, including freedom from discrimination. Yet, there is no legislation in this country protecting a comprehensive list of human rights in the manner of the United States Bill of Rights, although there have been a number of unsuccessful atempts to enact such legislation since 1969. Moreover, prior to race relations legislation, there was no general rule, policy or principle in common law directly relevant to combating racial discrimination or incitement to racial hatred.

The inadequacies of the common law and statutes stimulated several …

United States Taxation Of Foreign Direct Investment, Alan G. Cohate

Penn State International Law Review (1982 - 2011)

This article, while broad in scope, is narrow in focus. It aims solely at those aspects of the United States' internal tax laws which should be considered by the foreign investor in planning for his investment. These tax considerations may affect the structure of operation of the business enterprise in the United States. The article is not intended as a short course in United States taxation, and the reader should be aware that the complexities of the United States Internal Revenue Code and the regulations issued thereunder are so great that no particular fact situation can be correctly analyzed except …

Special U.S. Rules Directly Affecting Foreign Investment, C. Tanner Rose Jr.

Penn State International Law Review (1982 - 2011)

The purpose of this article is to provide a list of special U.S. rules which guide domestic attorneys in counseling foreign investors on tax and finance consequences of their transactions in the United States. A firm grasp of these rules, as a starting point, enables an attorney to formulate proper suggestions to foreign clients in acquiring property and conducting business without being subject to excessive tax consequences.

Introductory Notes: General Counseling For Foreign Investment, Stanhop S. Brown

Penn State International Law Review (1982 - 2011)

This article will first give a brief overview of the phenomenon of foreign investment in the United States. It will then examine in depth some of the things an American lawyer should keep in mind when dealing with a foreign business client and that client's home lawyer. Finally, it will touch upon a few substantive areas of United States law which are of particular relevance to the foreign investor. Other articles in this issue will discuss in greater detail the major substantive areas of law that are important in counseling a foreign client.

Extraterritorial Impact Of The United States Antitrust And Commercial Bribery Considerations, James G. Park

Penn State International Law Review (1982 - 2011)

Historically, the United States has sought to impose its moralistic values extraterritorially. Our antitrust laws and the Foreign Corrupt Practices Act are two well-known examples. Thus, in making the determination to engage in investment in the United States, a foreign entity must consider not only the more publicized restrictions of the Sherman Act and the Clayton Act on its activity within the borders of this country, but also be concerned with the extraterritorial impact of the United States' antitrust laws and the extent to which the decision to invest in the United States may create exposire under United States antitrust …

Antitrust Consideration In Making Investment In The United States, Thomas L. Vankirk

Penn State International Law Review (1982 - 2011)

The antitrust laws of the United States have taken on an increasingly significant role with regard to acquisitions and investments generally, and must be taken into consideration by a foreign investor interested in making foreign investments in the United States. Where the requisite contracts exist to establish subject matter jurisdiction, the antitrust laws of the United States will be applied to all proscribed acts regardless of the nationality of the participants. It is clear that most foreign investment in the United States constitutes the requisite minimum contacts required for jurisdiction.

There are two primary antitrust areas which should be addressed …