International Law Commons^™

Case Comments--International Law--Corporations--State Denied Standing To Sue For Injury, Journal Staff

Vanderbilt Journal of Transnational Law

The Barcelona Traction, Light and Power Company, Ltd.,(hereinafter referred to as Barcelona Traction) was incorporated under Canadian law in 1911 with its main office in Toronto. Several subsidiaries were formed, all under Canadian law, to develop, produce, and distribute electric power in the vicinity of Catalonia, Spain. To finance these operations, the company issued both peseta and sterling bonds, the shares in some of the subsidiaries providing security to a Canadian bank for the sterling bonds. Revenue produced by the subsidiaries from their operations in Spain was used to service the bond interest. Servicing was suspended for the duration of …

The Amending Of Articles 23 And 27 Of The United Nations Charter: A Mathematical Analysis, Robert S. Junn

Vanderbilt Journal of Transnational Law

From the time of the San Francisco Conference, the composition of the Security Council and its voting procedure was most severely criticized. The basic criticism had been the veto power of the five permanent members on substantive resolutions. This resulted in a long and vigorous political struggle on the part of the non-veto members of the Organization to amend the Charter in order to increase their voting strength in the Security Council. When the changes on membership and voting procedure came into force on August 31, 1965, a great victory was claimed. This case of the United Nations is intriguing …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW

By Robert S. Rivkin

New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.

===================

HUMAN RIGHTS AND INTERNATIONAL ACTION

By Ernst B. Haas

Stanford, California: Stanford University Press, 1970.Pp. vii, 184.

===============

INDIRECT TAXATION IN DEVELOPING COUNTRIES

By John F. Due

Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.

============

INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM

By David M. Leive

Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.

============

THE WINDS OF FREEDOM

By Dean Rusk …

The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin

Vanderbilt Journal of Transnational Law

One of the chief functions of any legal system is to provide the machinery for settling disputes between members of the society which the system serves. No legal system can be expected to solve all such disputes, but law can create an atmosphere in which the parties themselves may effect, without bloodshed, the resolution, minimization or avoidance of disputes. The disputants may choose an arbiter or conciliator to reach a settlement for them, or they may bargain and compromise until they find a common basis for an agreement ending the dispute. The latter process, called negotiation, is the most effective …

Headnotes, Journal Staff

Vanderbilt Journal of Transnational Law

With this issue the Vanderbilt International enters its second year of publication and attempts to continue a metamorphosis from International Law Society newsletter to scholarly legal journal. While the birth of the International has been accompanied by the welcome emergence of numerous other international legal periodical, it is hoped that this publication will make a singular contribution by providing a medium for interdisciplinary analyses of international problems. Eventually, each issue will be a symposium in which a particular problem will be discussed by economists, political scientists, lawyers, and, of course, law students.

Introduction: Symposium On The Legal Problems Of International Capital Formation, Manuel F. Cohen

Vanderbilt Journal of Transnational Law

In the past ten or fifteen years, a revolution has been going on in the financial and securities field. This phenomenon is only an aspect of a wider revolution which is occurring throughout our society. To understand these revolutions, one must understand not only the economic issues but also the national interests and prejudices that affect governmental action. For example, securities law is moving in a slightly different direction in Canada from that in the United States. This introduction sets forth what I sense is going on in Western Europe. Unless the people whose savings the market wishes to tap …

The Outer Space, Antarctic And Pell Treaties--Similar Solutions To A Common Problem, Allen W. Rigsby

Vanderbilt Journal of Transnational Law

During the past two decades, there has been an increasing interest in those rules of international law governing the exploration and exploitation of ocean space. This is due primarily to the recent upsurge of technological developments among the highly industrialized nations. Rivalry between the U.S.S.R. and the United States has spurred these two countries, in particular, to a high level of competition in the field of ocean mining technology. The less highly developed countries are also interested in exploiting the ocean space in order to bolster their own economies. The traditional principle governing the law of the oceans has been …

United States Participation In International Agreements For The Preservation Of Human Rights, A. Hamilton Cooke

Vanderbilt Journal of Transnational Law

The past two decades of international legal history have been characterized by an increased emphasis upon the importance of the individual as a proper subject of international law. Revolutionary changes have occurred in the area of human rights with the completion of various declarations, covenants, and conventions aimed at the preservation of specific rights within a framework of international law. The continuing importance and relevance of this general subject was symbolized by the designation of 1968 as the International Year for Human Rights in honor of the twentieth anniversary of the Universal Declaration of Human Rights.

This paper examines the …

Vietnam And Public International Law: Comment, Anthony A. D'Amato

Vanderbilt Journal of Transnational Law

With each international crisis inevitably come the self-styled "realists" proclaiming that there is no such thing as public international law. The Vietnam war is no exception, although here, due to the unusual complexity of the facts and the controversy over the applicable rules of international law, many of the published replies to the "realist's" positions have themselves been insubstantial and unconvincing. Let us look first, briefly, at the arguments of one of the realists, and then, with equal brevity, at some of the counter claims. The remainder of this comment will be addressed to the larger issues involved and some …

Shipowners' Limitation Of Liability In International Seafaring Disasters, Joseph N. Barker

Vanderbilt Journal of Transnational Law

Adherence to the principle of strict limitation of liability in any area of the law has been out of vogue since the time of Winterbottom v. Wright. This is true whether it be in the area of products liability, master-servant relations, or international air travel. The trend is to remove all limitation on recoveries available under our law for death or injury. An exception is the limitation of liability in maritime disasters. Here, in this watery domain, the narrowness that formerly dominated the field of products liability continues to exist. Some critics condemn such strict limitation as an anachronism in …

Nato Before And After The Czechoslovak Crisis, Leo J. Reddy

Vanderbilt Journal of Transnational Law

There are few black and white issues in the field of foreign relations. The problems that NATO faced and that our government faced as a member of NATO in responding to the Soviet invasion of Czechoslovakia illustrate at least some of the complexities that may not have been evident in the news reports. For example, there is a widely held impression that NATO was in a state of decline prior to August 20, 1968 when the Soviet armies marched on Prague, and that this event snatched the organization from the jaws of historical oblivion. This statement greatly oversimplifies the actual …

Artificial Islands Constructed On United States Continental Shelf Denied Status Of Independent Sovereignty, Journal Staff

Vanderbilt Journal of Transnational Law

The United States brought injunction and trespass claims in the federal district court against three private persons to prevent the unauthorized construction of artificial islands atop several submerged coral reefs located about four and one-half miles off the southeast coast of Florida. These reefs were composed of the skeletal remains of coral organisms and lay at a depth of 600 feet. The reefs continued to grow laterally, but had reached their maximum height and were completely submerged at all times except at low tide when their highest projections were momentarily visible. The reef area, which harbored countless varieties of marine …

Headnotes, Journal Editor

Vanderbilt Journal of Transnational Law

This issue marks the close of the first year for the Vanderbilt International. What it will become in the future is anyone's guess with General Hershey threatening a drastic reduction in the number of law students next year. In the long run, however, the publication can probably fill a very useful role as either an interdisciplinary magazine with a legal bias or as a law journal with an interdisciplinary bent. The former goal has been, by choice and necessity, the object of this year's Editors. Next year's staff will do as they like.

Regardless of emphasis, however, the increasing importance …

Case Comments, Journal Staff

Vanderbilt Journal of Transnational Law

Sovereign Immunity and Act of State -- A Foreign Sovereign instituting Suit in a United States Court waives Immunity to a Set-off arising from an Act of that Sovereign

===========

International Law--Nuremburg Doctrine invoked in Domestic Court-Martial

The End Of Empire, Fred D. Schneider

Vanderbilt Journal of Transnational Law

Within the space of a generation, the British Empire has disintegrated in a way that appears extraordinary, even in retrospect. "How marvelous it all is," Lord Rosebery exclaimed at the end of the nineteenth century. If marvelous in its growth, the Empire has been no less significant in the manner of its passing.

The decline of great empires exerts a peculiar fascination over the mind of the historian; indeed, more has been written about the fall of Rome than about the death of any other political entity. Diverse and contradictory theories are advanced to explain a complex historical phenomenon, and …

Book Reviews, R. T. D., W. G. C., J. J. R., Iii, A. W. R.

Vanderbilt Journal of Transnational Law

VIETNAM AND INTERNATIONAL LAW: An analysis of the Legality of the U. S. Military Involvement by the Consultative Council of the Lawyers Committee On American Policy Towards Vietnam. O'Hare 1967.

R.T.D.

BEYOND VIETNAM: The United States and Asia. Edwin 0.Reischauer 242 pages. Knopf (Paperback: Vintage $1.65) 1967.

W.G.C.

ON TRIAL: THE SOVIET STATE VERSUS "ABRAM TERTZ" AND "NIKOLAIARZHAK", Translated, edited, and with an introduction by Max Hayward, 1-83 pages with index, Harper and Row (paperback),.$1o95o

J.J.R., III

CHINA AFTER MAO. by A. Doak Barnett. With selected documents..287 pages Princeton, N. J.: Princeton University Press 1967.

A.W.R.

Organizations For The International Lawyer-- A Brief Survey, Elliott E. Cheatham

Vanderbilt Journal of Transnational Law

The great rise in interest in international law has a firm basis in the facts of modern life. Washington and New York are now closer to Paris and Moscow in travel time, not to speak of missile delivery time, than adjoining county seats were when Washington warned against entangling alliances. Travel time and ease rather than miles or kilometers are the measure of near and far. The shrinkage of space in time has increased enormously the importance of sound relations among peoples of the world. Science and technology are opening up new areas for human activities, particularly competition in outer …

Lunar Reflections -- On The Jessup Cup, M. Elizabeth Culbreth

Vanderbilt Journal of Transnational Law

A hit from some years ago -- "The moon belongs to every-one" -- came to have special significance for a group of Vanderbilt Law students during the spring of 1967. For the members of the Vanderbilt International Moot Court Team under the guidance of their faculty advisor, Professor Harold Maier, researching, understanding and articulating the international legal arguments on both sides of that musical thesis became the sport of the day. Happily, their endeavors were rewarded on April 29, when Vanderbilt won the National Championship by defeating the team from Harvard Law School in the final round of the fifth …

From The Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

From the Reviews

bibliography of writings on international law:

World Military Confrontations / Law, Policy and War / Law and the Maintenance of Peace

International Trade and Finance

European Economic Community

International Organizations

Conflicts

Private International Law