International Law Commons^™

Arms Transfers By The United States: Merchant Of Death Or Arsenal Of Democracy, Archibald S. Alexander

Vanderbilt Journal of Transnational Law

Controversial events of the last few years have presented the American public with the question whether arms transfers by the United States have gotten out of hand. Has our country become the chief "merchant of death," as believed by many at the time of Senator Nye's investigation soon after World War I, or is it the "arsenal of democracy," as generally believed during and after World War II? This article deals with transfers of all kinds of non-nuclear arms from or by the United States, and it examines all types of transfers including grants, transfers on credit, government to government …

Book Review, Nicholas A. Sims

Vanderbilt Journal of Transnational Law

It is a pleasure to welcome a well-written book on arms control, and one, moreover, that has grown out of the exigencies of an undergraduate course and is designed to meet the needs of students. Because INTERNATIONAL ARMS CONTROL: ISSUES AND AGREEMENTS was the work of several hands, its lucidity and consistency are the more admirable. Comprehensive in scope, it goes just far enough in setting arms control in its various contexts (political, military, cultural, and ethical) without straying out of bounds. It raises a multitude of questions without pretending to answer them all. I found it refreshing to read …

Toward A Consultative Relationship Between The United Nations And Non-Governmental Organizations?, Michael M. Gunter

Vanderbilt Journal of Transnational Law

What do consultative relationships entail? What has been the impact on United Nations policies? What has gone wrong? Why has the consultative relationship failed to live up to expectations? What are the chances for ameliorating the present malaise and moving towards a new, reinvigorated consultative relationship? This article will address these questions now being raised in the current discussions about revitalizing ECOSOC.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

The Gamesman

By Michael Maccoby

New York: Bantam Books,1978. Pp. 302. $2.75.

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1976 Digest of United States Practice in International Law

Edited by Eleanor C. McDowell

Dep't of State Publication, 1977.Pp. 850.

Dual Claim And The Exhaustion Of Local Remedies Rule In International Law, B. O. Iluyomade

Vanderbilt Journal of Transnational Law

Notwithstanding the anomaly of the procedural requirement that local remedies available in the respondent state must be exhausted before there can be diplomatic intervention on behalf of a national, there can be no doubt that the rule serves some very useful purposes and has become generally accepted. This is demonstrated by the significant role the rule now plays in the resolution of issues before the European Commission of Human Rights. Because the rule is often discussed in the context of a complaint of denial of justice, considerable difficulties may be encountered in determining when the rule should be complied with. …

Arms Sales And The Major Western Powers, Arthur Cyr

Vanderbilt Journal of Transnational Law

The purpose of this essay is to discuss analytically the overseas arms sales policies of the three major Western supplier nations--the United States, Britain, and France. It is appropriate to group them together because they all have similar goals and characteristics. All are Atlantic Area NATO nations. They are democratic and are based upon largely private economies. The three nations have general histories of cooperation and alliance dating back to before the beginning of this century.

This analysis is based on the assumption that military trade between the industrialized and lesser-developed countries is especially likely to destabilize international relations since …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

AIR CHARTER REGULATION

By Jaap Kamp

New York: Praeger Publishers, 1976. Pp. 162. $16.50.

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ANATOMY OF INTERNATIONAL LAW

By J.G. Merrills

London: Sweet& Maxwell, 1976. Pp. 106. $7.55.

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AUSTRALIAN LAWYERS AND SOCIAL CHANGE

Edited by David Hambly & John Golding

Sydney: Law Book Company, Ltd., 1976. Pp. 392.$17.50.

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COLONIAL EMANCIPATION IN THE PACIFIC AND THE CARIBBEAN

By Arnold Leibowitz

New York: Praeger Publishers, 1976. Pp. 221.$20.00.

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THE DEVELOPING COMMON MARKET

By John Paxton

Boulder, Colorado: Westview Press, 1976. 3rd edition. Pp. 240. $25.00.

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ERSKINE MAY'S PARLIAMENTARY PRACTICE

Edited by Sir David Lidderdale

London: Butterworths, 1976. …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Chile: The Balanced View

Edited by Francisco Orrego Vicuna

Santiago: The University of Chile, 1975. Pp. 298.

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Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok

Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.

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Crimes against Internationally Protected Persons: Prevention and Punishment

By Louis M. Bloomfield & Gerald F. Fitzgerald.

New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.

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Criminal Justice in Eighteenth Century Mexico

By Colin M. MacLachlan

Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.

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EEC Anti-Trust Law--Principles and Practice

By D. Barounos, …

Recent Decisions, Cleatous J. Simmons, Robert B. Slocum, Edward D. Meyer, Charles S. French, Ronald M. Morris, Mary Beth R. Blake

Vanderbilt Journal of Transnational Law

IMPLIED WARRANTY OF WORKMANLIKE PERFORMANCE--ONE WHO CONTRACTS TO PROVIDE MARITIME SERVICES IMPLIEDLY AGREES TO PERFORM IN A DILIGENT AND WORKMANLIKE MANNER

A Report On Certain Recent Legal Developments In The International Monetary Fund, Joseph Gold

Vanderbilt Journal of Transnational Law

In the recent past, the main activity of the International Monetary Fund in connection with the development of international law has been the negotiation and drafting of an amendment of the Fund's Articles of Agreement. The present report deals primarily with that activity, but also comments on the sixth general review of the quotas of member states in the Fund.

On August 15, 1971, the United States, having decided to free itself from certain constraints that had become unacceptable and to exercise greater autonomy for national policies, suspended the convertibility into gold or other reserve assets of balances of United …

Recent Decisions, Susan A. Shands

Vanderbilt Journal of Transnational Law

This case presented the district and circuit courts with the problem of how to maneuver the forum's conflict of laws rules in order to apply Texas law to an injury caused by a defective product manufactured in Texas when the injury occurred on foreign soil. On a policy basis, the lower courts did make the more equitable decision in applying Texas law. Viewed under one commentator's test, both lower courts were applying the law that would give the most predictable and uniform results, maintain international and interstate order, simplify the judicial task, advance the forum's interest, and apply the better …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

AFRICAN GOALS AND DIPLOMATIC STRATEGIES IN THE UNITED NATIONS By Moses E. Akpan

North Quincy, Mass.: Christopher Publishing House, 1976. Pp. 165. $9.95.

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BASIC PROBLEMS OF THE EUROPEAN COMMUNITY

Edited by P.D. Dagtoglou

Oxford: Basil Blackwell, 1975. Pp. xvii, 286, $18.00.

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BIBLIOGRAPHY ON TAXATION OF FOREIGN OPERATIONS AND FOREIGNERS: 1968-1975

By Elisabeth Owens & Gretchen Hovemeyer

Cambridge, Mass.: International Tax Program, Harvard Law School,1976. Pp. xiii, 107. $7.50.

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THE CONSTITUTION AND THE CONDUCT OF FOREIGN POLICY

Edited by Francis 0. Wilcox and Richard A. Frank

New York: Praeger Publishers, 1976. Pp. xiv, 145. $12.50.

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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 …

Multinational Collective Bargaining--Myth Or Reality?

Vanderbilt Journal of Transnational Law

The expansion of the multinational corporation (MNC) has precipitated an international aspect of labor with important consequences for the relationship between employers and employees. Basically, there is an inherent conflict between the objectives of the MNC and the labor union. The MNC endeavors to organize its operations for production where costs are lowest and sales where prices are highest. Given good coordination, the MNC can manage its activities to take advantage of cost differences in labor, capital, tax rates, and market conditions. On the other hand, the labor union seeks to have the MNC return the greatest net benefit to …

Legal And Economic Incentives For Foreign Direct Investment In The Southeastern United States, Paul S. Dempsey

Vanderbilt Journal of Transnational Law

The United States of America may well be the most attractive area for investment in the entire world. Foreign investment, although failing to play a dominant role in the American economy, has nevertheless enjoyed a substantial and significant growth in recent years. This contemporary acceleration may be attributed to a number of factors, including, for example: (a) America's enormous pool of skilled and well educated labor; (b) the narrowing of the gap between the cost of United States and foreign labor; (c) the abundance of domestic energy and other raw materials; and (d) the relative docility of the United States …

Footnote To The Nuclear Test Cases: Abuse Of Right--A Blind Alley For Environmentalists, Jerome B. Elkind

Vanderbilt Journal of Transnational Law

In a recent article entitled "French Nuclear Tests and Article 41: Another Blow to the Authority of the Court," the author questioned the approach of the learned Judges of the International Court of Justice to article 41 of the Court's Statute. The title of that article was intended to deplore the recent tendency of States (most particularly France, but also Iceland) who are parties to the Statute of the International Court of Justice to arrogate to themselves the right to determine whether the Court has jurisdiction...

The judgment of December 20, 1974 is but one more example of the extremes …

Political Prisoners: The Law And Politics Of Protection, David P. Forsythe

Vanderbilt Journal of Transnational Law

In the fall of 1975 the United States, in a much publicized step at the United Nations, introduced an abortive resolution calling for world-wide amnesty for political prisoners. Admittedly, this draft resolution was withdrawn because of crippling amendments, and it may well be that this American initiative was launched more to deflect criticism to others than to help political prisoners. But it seems to be the case--at least from a Western perspective--that political prisoners are becoming a more salient subject in world affairs. The concept of political prisoners has existed for quite awhile. In the last decade and a half, …

The United Nations Seventh Special Session: Proposals For A New World Economic Order, Clark D. Mervis

Vanderbilt Journal of Transnational Law

In September 1975 the United Nations held a special session, only the seventh in the organization's history, on global economic problems. The issue precipitating the special session was the call for a new international economic order by the world's developing nations. Since the oil crisis of 1973, the United Nations has become the arena for dispute between the world's wealthy nations and its poor nations, and bloc against bloc confrontations are common-place. It is clear that action must be taken soon, not only if we are to distribute more equitably the world's wealth, but also if we are to avert …

Recent Developments--Recent Decisions, Philip B. Barr, Jr., Michael Stukenberg

Vanderbilt Journal of Transnational Law

All nations recognize the enormous problem of marine pollution. The sources of marine pollution are definable, and there are methods by which these sources may be restricted. Virtually all mankind would prefer less pollution to more. Prevention, however, becomes less attractive in light of its costs, which assume both political and economic characteristics. Varying political and economic climates coupled with problems of sovereignty and national self-interest render agreement on the imposition of standards difficult. This Recent Development will chart past and present efforts at the preservation of the marine environment, consider the issues confronting the United Nations Third Conference on …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

AMERICAN CORPORATIONS AND PERUVIAN POLITICS

By Charles T.Goodsell

Cambridge, Mass.: Harvard University Press, 1974. Pp.vi, 272. $14.00.

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BRITISH INDUSTRY AND EUROPEAN LAW

Edited by George W. Keeton and S.N. Frommel

South Hackensack, N.J.: Fred B. Rothman & Co., 1974. Pp. xiv, 206. $17.50.

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BUSINESS TRANSACTIONS WITH THE U.S.S.R.

Edited by Robert Starr

ABA Press, 1975. Pp. xvii, 545. $30.00.

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CANADIAN PERSPECTIVES ON INTERNATIONAL LAW AND ORGANIZATION Edited by R. St. J. Macdonald, Gerald L. Morris and Douglas M.Johnston

Toronto: University of Toronto Press, 1974. Pp. xx, 972.$27.50.

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DAS EUROPA DER SIEBZEHN: BILANZ UND PERSPEKTIVEN VON 25 …

International Straits, Global Communications, And The Evolving Law Of The Sea, W. George Grandison, Virginia J. Meyer

Vanderbilt Journal of Transnational Law

In the continuing law of the sea negotiations, strong support has developed among a majority of states for the extension of territorial seas to twelve miles. In the absence of other provisions, codification of this extension in a new law of the sea treaty will cause over 100 straits, including many of the most heavily traveled and strategically important, to be overlapped by the territorial sea. Because this will alter the pattern of international legal norms that has preserved freedom of navigation and overflight between ocean areas, considerable controversy has ensued over the question of what legal regime should govern …

A Retrospective Analysis Of United Nations Activity In The Congo And Its Significance For Contemporary Africa, Agola Auma-Osolo

Vanderbilt Journal of Transnational Law

U Thant's decision to take action against Katanga's secession--a decision that was welcomed by most African countries--must have been motivated, at least in part, by his Third World sympathies as well as his views as to the significance of chapter VII of the United Nations Charter. It was his positive attitude toward the Afro-Asian bloc, of which his own country is a member, that determined the decision U Thant made. Had U Thant been from the West, it is more likely that his decision would not have deviated from that of Hammarskjold...

With these experiences, it is therefore hoped that …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

ABSTRACTION AND USE OF WATER: A COMPARISON OF LEGAL REGIMES By Ludwik A. Teclaff

New York, United Nations Publications,1972. Pp. iv, 254. $5.50.

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CONSULATE OF THE SEA AND RELATED DOCUMENTS

By Stanley S. Jados

University, Alabama: The University of Alabama Press,1975. Pp. xvi, 326. $12.00

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FOOTSTEPS INTO THE FUTURE

by Rajni Kothari

New York: The Free Press, 1974. Pp. xxiii, 173. $8.95.

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THE FUTURE OF INTERNATIONAL FISHERIES MANAGEMENT

Edited by H. Gary Knight

St. Paul, Minnesota: West Publishing Co., 1975.Pp. xiii, 253. $14.00.

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THE ILLEGAL DIVERSION OF AIRCRAFT AND INTERNATIONAL LAW

By Edward McWhinney

Leiden: A.W. …

The Bases And Range Of Federal Common Law In Private International Matters, Harold G. Maier

Vanderbilt Journal of Transnational Law

During the past decade, there has been increasing attention on the part of legal scholars to the need for a clear statement outlining the divisions of state and federal power in this difficult area. In two important cases, the Supreme Court indicated renewed judicial interest in the problem. To date, however, the federal courts have not succeeded in establishing a uniform and workable guide by which the validity of state action may be judged in the absence of definitive federal policy. This deficiency has posed difficulties for state legislatures in arriving at law-making decisions and for the courts in testing …

The Effect Of International Lending Programs In The Developing Nations

Vanderbilt Journal of Transnational Law

While the effect of international lending programs in the developing countries is of considerable interest to the international lender, it is obviously of vital interest to the people and the leaders of developing countries. The effect of an international loan on the development of his country is of primary importance to the national leader. Paying the interest and amortization of such loans entails an effort, and a clear cost, to every developing nation. Therefore, the benefits derived from an international loan must be worth this effort and cost to the borrower.

In most discussions among bankers of the effect of …

The Development Of A United States Approach Toward The International Court Of Justice, Philip C. Jessup

Vanderbilt Journal of Transnational Law

This article is not designed as a history of the International Court of Justice, nor as a legal analysis of the way in which the Court functions. Rather, the purpose is to describe the attitude of the United States, i.e., the Department of State, toward the actual use of the Court in a variety of situations, some of which involved important interests of the United States and others of which did not. The concentration in this article is on the jurisdiction of the Court to give advisory opinions, since it is in connection with proposals to request such opinions that …

Book Reviews, Oliver J. Lissitzyn, M. Ferid

Vanderbilt Journal of Transnational Law

THE INTERNATIONAL AIR TRANSPORT ASSOCIATION: A CASE STUDY OF A QUASI-GOVERNMENTAL ORGANIZATION

By Richard Y. Chuang

Leiden: A. W. Sijthoff, 1972. Pp. xviii, 185. $12.00.

reviewer: Oliver J. Lissitzyn

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AMERICAN-GERMAN PRIVATE INTERNATIONAL LAW

By Ulrich Drobnig

Dobbs Ferry, New York: Oceana Publications for Parker School of Foreign and Comparative Law, 1972. Pp. 510. $18.00.

(No. 4 Bilateral Studies in Private International Law,

Rev. ed. of M. Domke,

American. German Private Law Relations Cases 1945-1955 (1956) ).

reviewer: M. Ferid

Recent Decisions, Patricia D. Owen, Jeffery R. Rush, Frank R. Krok, Paul P. Sanford, Edward N. Perry, Edward A. Betancourt

Vanderbilt Journal of Transnational Law

Admiralty--Workmen's Compensation--Receipt of Benefits under State Workmen's Compensation Act containing Exclusive Remedy Provision does not Bar Subsequent Action against Employer for Unseaworthiness

Patricia D. Owen

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Common Market--Council Regulations--Regulation Stake Precedence over Provisions of Member States' Constitutions

Jeffery R. Rush

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Discovery--Aid to Foreign or International Tribunals--United States Courts can Compel Testimony only on Behalf of Foreign or International Tribunals Empowered to make Binding Adjudications

Frank R. Krok

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Extradition--Statute of Limitations--mere Absence is not Equivalent to Fleeing from Justice under 18 U.S.C. § 3290

Paul P. Sanford

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International Court of Justice--Procedure Temporary Relief in the Form of Interim …

Editor's Foreword, Charles G. Burr

Vanderbilt Journal of Transnational Law

The Vanderbilt Journal of Transnational Law is a new undertaking at Vanderbilt Law School. The Journal is an outgrowth of the predecessor publication, The Vanderbilt International, which was established in 1967 as a bulletin of the Vanderbilt International Law Society. A number of factors, including increased student enrollment at the Law School and a growing awareness of global activities and problems, have facilitated the Journal's evolution into its present, expanded format. It is indeed appropriate that the lead article of the new publication should be authored by Judge Philip C. Jessup, who has long been the foremost advocate in the …

The Statutory Proposal To Regulate The Jurisdictional Immunities Of Foreign States, R. Lee Bennett

Vanderbilt Journal of Transnational Law

In January 1973, the Departments of State and Justice submitted to Congress a draft bill that defines the jurisdictional immunities of foreign states in United States courts. This draft legislation represents a major shift in the State Department's posture on the substantive and procedural issues of sovereign immunity that will undoubtedly stir considerable controversy within the international bar during its examination by Congress.

A survey of current United States practice regarding the immunity of foreign states reveals that reform is mandatory. At present the determination whether a foreign state is entitled to jurisdictional immunity is made by the courts, whose …