International Law Commons^™

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

A Cargo Container Used to Ship Packaged Units is not a "Package" for Purposes of Limiting the Carrier's Liability for Loss under COSGA

Exemption from Compulsory Military Service will not Act as a Bar to Citizenship for an Alien if the Classification was later Changed to Make Him Eligible to Serve

Indeterminate Detension of an Excludable Alien in a Maximum Security Prison, Pending Unforeseeable Deportation, violates International Law

Patentholders do not Violate Antitrust Laws by Licensing only Foreign Patents even though the Patent Dependency created Limits Domestic Competition

Arbitral Tribunal lacks Jurisdiction to Hear the Claims of a Corporation Qualifying …

Recent Decisions, Daniel M. Fitzpatrick, William F. Buechler

Vanderbilt Journal of Transnational Law

Executive Power--President Has the Power to Block and Transfer Iranian Assets, Nullify Prejudgment Attachments, and Suspend Claims of United States Nationals in Implementing Executive Agreement for Release of Hostages

Petitioner sued the United States and the Secretary of the Treasury to enjoin enforcement of Treasury Department regulations and executive orders implementing an executive agreement with Iran that would nullify petitioner's prejudgment attachment of Iranian bank assets and prevent further litigation of its claim against Iran. The events leading up to this suit are relevant to a discussion of the legal issues.

Book Reviews, Jorge L. Carro, David S. Clark, Burns H. Weston

Vanderbilt Journal of Transnational Law

El Conflicto Honduras-El Salvador y El Orden Juridico Internacional --

On July 14, 1969, the armed forces of El Salvador invaded Honduras... This book provides an almost hourly account of the events preceding the conflict, the war plans executed before the conflict started, the initiation of Inter-American System machinery for settling disputes, the heated discussions among the representatives of the different nations of the OAS, and the consequences of the war itself. Also included is the necessary background on the political and economic conditions prevailing in both countries before the war and a thorough analysis of what "role law and …

The Israeli Aerial Attack Of June 7, 1981 Upon The Iraqi Nuclear Reactor: Aggression Or Self-Defense?, W. Thomas Mallison, Sally V. Mallison

Vanderbilt Journal of Transnational Law

On June 7, 1981, the State of Israel conducted an aerial attack on the Iraqi nuclear reactor known as Tamuz I located near Baghdad. The attack was carried out by F15 and F16 aircraft supplied by the United States. The reactor was damaged severely and three Iraqi civilians and one French technician were killed. On June 8 Israel announced the attack and described it as an act of legitimate self-defense, claiming Iraq planned to construct nuclear weapons. On the same day the Republic of Iraq requested an urgent meeting of the United Nations Security Council to consider what it described …

Book Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

Israel and Palestine--Assault on the Law of Nations by Julius Stone.

Baltimore: The John Hopkins University Press. 1981. Pp.223. $17.50.

Reviewed by Barry Hart Dubner

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Treatise on Air--Aeronautical Law. Nicolas Mateesco Matte.

Toronto: The Carswell Co. Ltd., Pp. 832.

Reviewed by John M. Lindsey

Unauthorized Duplication Of Sound Recordings: Transnational Problem In Search Of A Solution, Vassilios C. Gatzimos

Vanderbilt Journal of Transnational Law

Recent estimates place the global recording industry's losses to pirates, counterfeiters, and bootleggers at $1.5 billion annually, and losses due to home taping at over $2 billion annually. Even in a thriving industry, these losses are staggering. The purpose of this Note is to survey the scope of the problem of unauthorized duplication of sound recordings and to examine international and national efforts by governments and the recording industry to eradicate this problem.

Ocean Thermal Energy Conversion: The Codification Of A Potential Technology, Maureen O`C. Walker, Murray A. Bloom

Vanderbilt Journal of Transnational Law

Rapid technological advancement has been the hallmark of post-industrial societies for more than a quarter of a century. This progress is forever disrupting our established legal systems. Nowhere is this tension more evident than in the discoveries of the developing energy industry. An exception to this process is the infant industry of ocean thermal energy conversion (OTEC). The United States Congress recently enacted legislation establishing the legal framework for the OTEC process, which has not yet been proven on a commercial scale.

OTEC is a form of solar energy that takes advantage of the vertical temperature differentials in those regions …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE MIDDLE EASTERN STATES AND THE LAW OF THE SEA

By Ali A.El-Hakim

Syracuse: Syracuse University Press, 1979. Pp. 293.Tables, maps, and international agreements.

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COMPLIANCE AND PUBLIC AUTHORITY: A THEORY WITH INTERNATIONAL APPLICATIONS

By Oran R. Young

Baltimore: Resources for the Future, 1979. Pp. 161.

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DOING BUSINESS WITH THE Russians

Under license from Westshore, Inc. New York: Praeger Publishers, 1978. Pp. 166.

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TAX LAW AND POLICY IN THE E.E.C.

By Alexander James Easson

London: Oceana Publications, 1980. Pp. 269. Tables of treaty provisions, secondary legislation, cases, and statistics.

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THE COLLAPSE OF WELFARE REFORM: POLITICAL INSTITUTIONS, POLICY …

Book Reviews, James B. Boskey, John Quigley

Vanderbilt Journal of Transnational Law

Social Policy Harmonization in the European Community

John Holloway

England: Gower Publishing Co./Renouf, 1980. Pp.318. $27.00.

Reviewed by James B. Boskey

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Israel, the West Bank and International Law

Allan Gerson

Totowa, New Jersey, and London: Frank Cass & Co., 1978. Pp.285. $30.00

Reviewed by John Quigley

Recent Decisions, Kevin P. Hishta, J. Clifton Cox, Shari D. Olenick, Stephen B. Hatcher, Ann M. Bell

Vanderbilt Journal of Transnational Law

ALIENS--Executive Suspension of Alien's Deportable Status Final as Congressional Veto Mechanism violates Constitutional Doctrine of Separation of Powers

Kevin P. Hishta

--------------------------- Sovereign Immunity--Iranian Immunity from Pre-Judgment Attachments Terminated under International Emergency Economic Powers Act

J. Clifton Cox

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Sovereign Immunity--Government Shipping Company of the People's Republic of China is an "Agency or Instrumentality" for the Purposes of the Foreign Sovereign Immunities Act of 1976

Shari D. Olenick

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State Corporate Income Tax--Foreign Source Dividends Included in State Taxation Base Under Unitary Business Enterprise Test

Stephen B. Hatcher

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Trade Regulation--Use of Registered Mail by Federal Trade Commission to Subpoena …

Recent Decisions, David R. Simon, David D. Dowd

Vanderbilt Journal of Transnational Law

Antitrust--Act of State Doctrine Precludes Judicial Review of Cases in which Private Defendant Induces Foreign Sovereign to Boycott Plaintiff's Services and Products

David R. Simon

Plaintiff, a designer and manufacturer of short takeoff and landing (STOL) aircraft, sought damages from defendants for violation of sections 1 and 2 of the Sherman Act. Specifically, plaintiff alleged that defendant's employees falsely disparaged General Aircraft Corporation's (GAC) STOL aircraft products and services by circulating false and misleading performance reports and engaged in a "vendetta" designed to drive GAC out of business because of GAC's refusal to conduct Southeast Asian Helio sales under the …

Nuclear Power And Non-Proliferation: The View From Brazil, James P. Rowles

Vanderbilt Journal of Transnational Law

This article contains a hypothetical memorandum written by a hypothetical Brazilian policymaker, together with a hypothetical draft Brazilian proposal for the establishment of an International Plutonium Storage regime. None of these materials should be interpreted as a statement of policy by any Brazilian official or by the Republic of Brazil...

This article consists primarily of a hypothetical review memorandum written for Brazilian President Joao Baptista Figueiredo by a hypothetical Brazilian policymaker offering advice on two issues of immediate concern to Brazil. The first involves proposals for the establishment, under International Atomic Energy Agency (IAEA) auspices, of an International Plutonium Storage …

The European Patent System, Friedrich - Karl Beier

Vanderbilt Journal of Transnational Law

The formation of the European patent system, which I have presented here only in part and which is still missing one essential element, the Common Market patent, constitutes a milestone in the development of international patent law. No event since the Paris Convention for the Protection of Industrial Property in 1883 has so drastically changed the system of protection of inventions as the European patent system will. I do not except the Patent Cooperation Treaty (PCT) signed in Washington in 1970 and entered into force over two years ago. It certainly overcomes the territorial approach of the Paris Convention in …

The Role Of Unilateral State Action In Preventing International Environmental Injury, Richard B. Bilder

Vanderbilt Journal of Transnational Law

This discussion suggests that unilateral state action to prevent international environmental injury is likely to play an important and continuing role in efforts to deal with international environmental problems. It also suggests the futility of attempting to characterize unilateral action as inherently either desirable or undesirable. While multilateral actions seem generally preferable to unilateral action, effective multilateral arrangement in many cases may not be practically attainable. Unilateral action may be the only feasible alternative to inaction. Under these circumstances, a respectable argument can be made for the propriety of unilateral action on at least an interim basis pending achievement of …

The Uniform Foreign Money-Judgments Recognition Act: A Survey Of The Case Law, Carol C. Honigberg

Vanderbilt Journal of Transnational Law

The Uniform Foreign Money-Judgments Recognition Act's genesis lay in the belief that a state's codification of its rules on the recognition of foreign money-judgments would increase the likelihood that similar judgments rendered by that state would be recognized abroad. The treatment of United States judgments in the courts of foreign nations concerned the Commissioners on Uniform State Laws because United States courts traditionally accord far better treatment to foreign judgments than is accorded United States judgments abroad. The recognition and enforcement of foreign judgments, or recognition practice, has long posed special problems because of the vast differences in the various …

Introduction, Harold G. Maier

Vanderbilt Journal of Transnational Law

On October 24, 1980, a symposium entitled "Transnational Technology Transfer: Current Problems and Solutions for the Corporate Practitioner" was held at Vanderbilt Law School. The symposium was a regional meeting of the American Society of International Law (ASIL) co-sponsored by the Vanderbilt Journal of Transnational Law and the Vanderbilt International Law Society under the auspices of the law school's Transnational Legal Studies Program. This writer served as organizer for the ASIL. Mr. Kevin Tyra, a third-year law student, was Symposium Chairman. Persons in attendance at the symposium were individuals active in private practice, government, and the academic field. During the …

Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii

Vanderbilt Journal of Transnational Law

Book Reviews

Human Rights: International Petition System

Binders 1 and 2

Maxine E. Tardu

Dobbs Ferry: Oceania Publications, Inc.,1979 and 1980. $75.00 per Binder.

Reviewed by Howard D.Coleman

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The International Law and Policy of Human Welfare

Edited by R. St. John Macdonald, D.M. Johnston and L. Morris

The Netherlands: Sijthoff and Noordhoff, 1978. Pp. xviii, 690. $95.

Reviewed by Clark C. Siewert

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Deep Sea Mining

Judith T. Kildow, Editor

Cambridge, Massachusetts and London, England: MIT Press. 1980. Pp. 251.

Reviewed by John T. Smith II

Books Received, C. A. P.

Vanderbilt Journal of Transnational Law

COMPARATIVE LAW YEARBOOK

VOLUME 3, 1979.

Issued by the Center for International Legal Studies The Netherlands:

Sijthoff& Noordhoff, 1980. Pp. 287

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UNITED STATES FOREIGN RELATIONS LAW: DOCUMENTS AND SOURCES, VOLUME 1

EXECUTIVE AGREEMENTS

By Michael J.Glennon and Thomas M. Frank

Dobbs Ferry, New York: Oceana Publications, Inc., 1980. Pp. 474.

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U.S. NAVAL WAR COLLEGE, INTERNATIONAL LAW STUDIES, VOLUME 62 Edited by Richard B. Lillich and John Norton Moore

Newport, Rhode Island: Naval War College Press, 1980. Pp. 758.

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THE SOVIET PROCURACY AND THE SUPERVISION OF ADMINISTRATION

By Gordon B. Smith

The Netherlands: Sijthoff and Noordhoff,1978. Appendices. Pp. …

The Canadian National Energy Program: An Example Of Assertion Of Economic Sovereignty Or Creeping Expropriation In International Law, Errol P. Mendes

Vanderbilt Journal of Transnational Law

The Canadian National Energy Program provides insight into the critical global debate on the expropriation of alien investors' property. Sovereign states can no longer expropriate by forced and outright transfers of an alien's assets without any compensation. States which expropriate in this manner face massive retaliation from the powerful capital-exporting countries through, inter alia, the cutting of trade and commercial ties, the freezing of assets, retaliatory diplomatic moves, and court action in the home state of the investors. The principles of international law and policy concerning expropriation are gradually evolving through diplomatic negotiations, international and domestic courts and tribunals, resolutions …

The Effect Of Duress On The Iranian Hostage Settlement Agreement, James M. Redwine

Vanderbilt Journal of Transnational Law

As soon as the United States began celebrating the hostages' release, the validity of the agreement became a subject of intense controversy. Conservative commentators urged that the United States "renounce the deal." To them, the Declaration was not an agreement but extortion, and had "the same moral standing as an agreement made with a kidnapper, that is to say, none at all..."

Although it will take years of litigation and commentary to assess the full significance and consequences of the hostage taking and the settlement agreement, some preliminary observations may be made. The Declaration poses many difficult questions of international …

Free Navigation: Examination Of Recent Actions Of The United States Coast Guard, Edward H. Lueckenhoff

Vanderbilt Journal of Transnational Law

The use of aircraft and large, seagoing vessels for smuggling marijuana and other illicit drugs has created a burgeoning problem for United States efforts to control its borders. The use of foreign flag ships as "mother ships" is particularly troublesome. This practice involves foreign flag vessels, often containing several tons of marijuana, that hover in international waters just outside the United States territorial sea. The marijuana is transferred from these mother ships to smaller vessels which then cross into United States waters and distribute the contraband at prearranged points along the coast. The immunities provided by international law for foreign …

Recognition Of Rhodesia And Traditional International Law: Some Conceptual Problems, Isaak L. Dore

Vanderbilt Journal of Transnational Law

The traditional theories of recognition do not properly maintain the essential distinction between state and government. The only proper way to maintain this distinction is by laying down verifiable criteria for statehood, and treating the recognition of governments as purely discretionary. A state must have come into existence before the question of recognition of a particular government can arise. International personality is a consequence of statehood, not of recognition; if a state can objectively come into existence, so can international personality, and the grant or withdrawal of recognition cannot affect that personality.

The degree of recognition conferred by the United …

The Right Of The Individual To Know And Act Upon His Rights And Duties: Monitoring Groups And The Helsinki Final Act, Virginia A. Leary Professor Of Law,

Vanderbilt Journal of Transnational Law

The provisions of the Helsinki Final Act relating to human rights stimulated a most extraordinary and probably unforeseen development the creation of ad hoc private citizen monitoring groups in signatory countries. No other international instrument on human rights has had a similar effect. The activities of these monitoring groups cannot be over emphasized. The phrase in Principle VII of the Final Act that the signatory states confirm the right of the individual to know and act upon his rights and duties constituted international recognition of the legitimacy of participation by private individuals in the monitoring of their own country's conformity …

The Unconstitutional Detention Of Mexican And Canadian Prisoners By The United States Government, Jordan J. Paust

Vanderbilt Journal of Transnational Law

A recent article by Professor Bassiouni addresses the procedures for the transfer of prisoners under agreements with Mexico and Canada and certain "substantive constitutional issues" in a most interesting way. Nevertheless an interest in addressing constitutional problems from the most thorough of approaches possible compels further comment on federal powers and constitutional rights. Professor Bassiouni's efforts are noteworthy but his stated conclusion that "[t]he scheme for the transfer of offenders is a laudable step which should be supported by the bench and bar should not be unquestioningly accepted. The transfer agreements represent a retreat from the constitutional protection of fundamental …

The International Legal Significance Of The Human Rights Provisions Of The Helsinki Final Act, Alexandre C. Kiss, Mary F. Dominick

Vanderbilt Journal of Transnational Law

It may be submitted that the Helsinki Final Act is not a treaty, nor is it similar to resolutions of international organizations. In light of the language used in the text and the signatories' public expressions of intent, the human rights provisions must be deemed to have the same legal nature as the other provisions. The document as a whole falls within a special category of international legal instruments not anticipated by traditional definitions of the sources of international law--that is, non-binding, but directive texts which produce limited legal effects. Its foundation is agreement on a common objective: detente. Its …

The Soviet Human Rights Doctrine In The Crossfire Between Dissidents At Home And Critics Abroad, F.J.M. Feldbruggge

Vanderbilt Journal of Transnational Law

Political and foreign relations aspects, rather than justiciability and legal instrumentalities, have always been preponderant in So- viet human rights doctrine. It is widely admitted now, at least outside the Soviet Union, that the main purpose for the much- publicized inclusion of an extensive catalogue of basic rights in the 1936 Constitution of the USSR can only have been the crea- tion of a favorable impression upon the Western democracies.' One has to remember that this happened not only at a time when the victims of Stalinist terror were numbered in millions (making the constitutional pronouncements a lugubrious farce) but …

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 …

Book Review, Roy E. Thoman

Vanderbilt Journal of Transnational Law

Making use of historical accounts, and principles of international law and politics, Lee C. Buchheit examines one of the most intractable and perplexing problems of this era: self-determination, The author is a cum laude graduate of the University of Pennsylvania Law School, where he served as editor of the law review. The recipient of a fellowship to study public international law, Buchheit received a diploma in international law from Cambridge University in 1976. The focus of his book is on the implications for the world community of appeals to the principle of self-determination by secessionist elements within independent states. An …

Books Received, C. C. S., C. A. P.

Vanderbilt Journal of Transnational Law

A Chronology and Fact Book of the United Nations 1941-1979

By Thomas Hovet, Jr. and Erica Hovet

Dobbs Ferry, New York: Ocean Publications, sixth edition, 1980. Pp. 304. $17.50.

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Copyright in International Relations: International Protection of Literary and Scientific Works

By Mark Moiseevich Boguslavsky

Sydney, Australia: Australian Copyright Council,1979. Pp. 224.

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Deep Sea Mining Edited

by Judith Koldow

Cambridge, Mass.:The MIT Press, 1980. $17.50.

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The Enclosure of Ocean Resources: Economics and the Law of the Sea

By R. D. Eckert

Stanford, California: The Hoover Institution, 1979. Pp. 408. $16.95.

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Federal Jurisdiction in Australia

By Zelman Cowen …

The Humanitarian Provisions Of The Helsinki Accord: A Critique Of Their Significance, Valery Chalidze

Vanderbilt Journal of Transnational Law

It is no exaggeration to say that the humanitarian provisions of the Helsinki Accord have been recorded in the history of international relations by virtue of not so much their content as the strong public response they have elicited. This reaction is perhaps surprising, for the humanitarian provisions of the Helsinki Accord itself are very weak. If the convergence of East and West means loss by the West of its legal perspective on issues as fundamental as human rights, then I would not recommend such a convergence. Keeping in mind the development of such problems in the future, it would …