International Law Commons^™

Book Review, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Reviewing, Gary B. Born & David Westin, International Civil Litigation in the United States Courts (1992) (with Jack L. Goldsmith)

The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley

Dalhousie Law Journal

The 1982 United Nations Law of the Sea Convention has not only codified the relatively scant corpus of international law relating to the rubrics of enclosed semi-enclosed seas, but it has also given some guidance toward the future evolution of this unique body of sea law. Accordingly the underlying thesis advanced by a number of distinguished authors at a conference - convened by the Inter-University Center in Dubrovnik - is that the Law of the Sea Convention does not represent a definitive or complete corpus of law; rather the general articles will acquire substance from state practice, bilateral agreements between …

The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford

Journal Articles

This Arti­cle compares the differing approaches of the United States and the European Community as they wrestle with the question of how to regulate foreign anticompetitive activity. More specifically, this Arti­cle highlights the distinctive features of the U.S. "effects doctrine" and the European Community's "implementation approach" and ana­lyzes the differences that exist between the two systems. Only the U.S. doctrine openly provides for the consideration of international comity concerns, but both approaches have been used liberally to assert jurisdiction over foreign defendants. Part II of this Article pro­vides a background to the subject by briefly outlining the traditional bases of …

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley

Scholarly Works

This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.

The authors first analyze the five …

International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on the differences and similarities between Germany and the United States on international principles of jurisdiction over extraterritorial crime.

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny

Vanderbilt Journal of Transnational Law

This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.

Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller

Vanderbilt Journal of Transnational Law

This Article contends that the current state of the debate over the balancing of interests in the extraterritorial application of United States law is outmoded and in need of serious reexamination. Most commentators and scholars continue to focus on the area of jurisdiction to prescribe, the acceptability of the effects test, and the development of lists of United States and foreign interests to be balanced by a United States court before exercising jurisdiction.

Professor Waller contends that this debate is no longer productive. Extraterritoriality, with some limitations for the interests of other states, is an accepted feature of United States …

Major Contemporary Issues In Extradition Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.

Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner

Northwestern Journal of International Law & Business

The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …

Exploring The Last Frontiers For Mineral Resources: A Comparison Of International Law Regarding The Deep Seabed, Outer Space, And Antarctica, Barbara E. Heim

Vanderbilt Journal of Transnational Law

The nations of the world have begun to tap three resource areas--the deep seabed, outer space, and Antarctica. These areas are unique insofar as no nation can claim them exclusively as its own. As a result, these three areas raise unique international questions. Not only are they largely undisturbed, but these areas are also the testing ground for recently developed international treaties that attempt to usher in a new era of international cooperation. This Note examines both the exploration and exploitation of mineral resources in the deep seabed, outer space, and Antarctica. The physical nature of each area, the resources …

Jurisdictional Quagmire: The Implications Of K-Mart Corp. V Cartier, Giovanna M. Cinelli

Syracuse Journal of International Law and Commerce

The scope of this article extends solely to reviewing the pressing question of proper jurisdiction as between the CIT and the district courts regarding issues of international trade.

Ratification By Argentina Of The 1958 New York Convention On Recognition And Enforcement Of Foreign Arbitral Awards, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf

LLM Theses and Essays

This thesis will examine how legal systems deal with the phenomenon of multiple assumptions of jurisdiction over the same dispute. We will first look at public international law rules on jurisdiction, regulating (or not regulating) conflicting states' interests, which will give only modest guidance. In view of those rules, the subsequent chapters will deal with various national laws relating to the possibility of parallel proceedings in the courts of more than one country, and thus the possibility of the emergence of conflicting orders or judgments.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Alien Tort Statute Grants Federal Court Subject Matter Jurisdiction Over Foreign Sovereign for Tort Committed in Clear Violation of International Law and Foreign Sovereign Immunities Act is not Exclusive Jurisdictional Grant Over Sovereign-- Amerada Hess Shipping Corp. v. Argentina Republic 830 F.2d 421 (2nd Cir. 1987)

Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley

Scholarly Works

On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …

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.

Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner

Vanderbilt Journal of Transnational Law

One of the most painful experiences of my government service occurred on January 18, 1985, when as Acting Assistant Secretary of State for Legislative and Intergovernmental Affairs I was called on to sign letters informing Congress of the President's decision "not to participate further in the case brought by Nicaragua before the International Court of Justice." I felt deeply that the United States approach was mistaken--not so much on legal as on political grounds'--and in advocating my views I pushed strongly against the proper limits of legitimate dissent within the bureaucracy.

Having defended the Court against speculative criticism from lawyers …

The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley

Scholarly Works

The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …

Book Review, Allaire U. Karzon

Vanderbilt Journal of Transnational Law

This slim volume' is for the international tax connoisseur. The author, an English barrister and member of the Inner Temple and Gray's Inn, has designed his book for tax professionals already expert in their own jurisdictions who seek information on the tax systems of other countries so that they can take advantage of multijurisdictional planning. Because he assumes his readers know the rudiments of international tax principles, the author explores more innovative advanced techniques. With his British perspective and evident familiarity with the United Kingdom and continental tax systems, he suggests many approaches that United States authors frequently omit because …

Sovereign Immunity In Perspective, Stefan A. Riesenfeld

Vanderbilt Journal of Transnational Law

The doctrine of the immunity of foreign governments from the adjudicatory and enforcement jurisdiction of national courts is rooted in two bases of international law, the notion of sovereignty and the notion of the equality of sovereigns. There is no need to rehearse the historical growth of these foundations of the modern international community. Suffice it to say that E.D. Dickinson's celebrated study, The Equality of States in International Law, furnishes a detailed account of the evolution of these notions.

Although historically the recognition of the jurisdictional immunities of foreign states may have been intertwined with the recognition of the …

Book Note, Covey T. Oliver

Vanderbilt Journal of Transnational Law

Students of international law in the United States have long desired a textbook to accompany the use of one or another of the "case-materials-problems" study books used in their courses. They do not yet have such a text,' but now they can find substantial degrees of security, guidance, and intellectual encouragement in a veritable gem of a Nutshell. Professors Buergenthal and Maier have written a remarkably accurate and insightful book on international law, almost as if they had engraved it on a small gold tablet. It is, as a work, outstanding in the West Publishing Company Nutshell series.

Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher

Vanderbilt Journal of Transnational Law

This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …

The Emerging Doctrine Of "Forum Non Conveniens": A Comparison Of The Scottish, English And United States Applications, Raymond T. Abbott

Vanderbilt Journal of Transnational Law

This Note will first examine the development of "forum non conveniens" in Scotland, the country of the doctrine's origin. It will compare the doctrine to the traditional English policy of staying proceedings in situations involving vexation or oppression, and examine how the liberalization of the English policy has led ultimately to the recognition of forum non conveniens as an appropriate description for the factors an English court will consider prior to a dismissal or stay of an action. Similarly, the doctrine of forum non conveniens in the United States will be compared with the doctrines in the other two jurisdictions, …

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.

A Conceptual Framework For Extradition And Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley

Scholarly Works

International law is the language by which nations assert and attempt to resolve competing legal interests. As with any other language, if the definitions of essential concepts become muddled, it is difficult to communicate. The traditional bases of jurisdiction over extraterritorial crime are essential concepts in the language of international law. The decision to grant or deny extradition, for example, often depends on whether the interested nation recognizes the basis of jurisdiction asserted by another. Confusion over the traditional bases of jurisdiction therefore risks disagreement over and denial of extradition.

United States courts have recently expanded the traditional bases of …

Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, Debra Pogrund Stark

Northwestern Journal of International Law & Business

This Note will first examine how jurisdiction was asserted over Marc Rich & Co. through the district court's application of two theories of jurisdiction31 (the presence/doing business test and the transactingbusiness test) and the court of appeals' application of three theories of jurisdiction32 (the detrimental consequences test, the presence/doing business test, and the transacting business test).33 This Note will argue that Marc Rich underscores the inadequacy of the presence/doing busi- ness test in protecting a state's interest in prosecuting alleged violations of its laws.34 According to the district court, jurisdiction over Marc Rich & Co. would not have existed under …

Remarks On Subject Matter Jurisdiction, Michael Blechman

Vanderbilt Journal of Transnational Law

In United States jurisprudence, two quite different legal concepts are both labeled jurisdiction. In personam or personal jurisdiction refers to the extent to which a court has power over a particular defendant. Subject matter jurisdiction is an entirely different concept that addresses the question of whether a particular law is intended to apply to different kinds of conduct. In the antitrust area, for example, obtaining subject matter jurisdiction depends upon whether conduct within the United States has a sufficient impact on interstate commerce or foreign conduct has a sufficient impact on United States domestic or export commerce to be within …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Point of Final Loading and Routing is Place of Shipment for Purposes of Valuing Lost Cargo; Private Carrier's Both-to-Blame Clause is Enforceable---Allseas Maritime, S.A. v. M/V Mimosa, 574 F. Supp. 844 (S.D. Tex. 1983).

LAND-BASED NEGLIGENCE CAUSING AN AIRPLANE CRASH IN INTERNATIONAL WATERS FALLS WITHIN ADMIRALTY JURISDICTION--Miller v. United States, 18 Av. CAS. (CCH) 17,912 (11th Cir. 1984).

FREIGHT FORWARDER WHO BREACHES A FIDUCIARY DUTY TO HIS SHIPPER VIOLATES THE WIRE FRAUD STATUTE--United States v. Armand Ventura, 724 F.2d 305 (2d Cir. 1983).

IN PERSONAM JURISDICTION OBTAINED BY ATTACHMENT OF PROPERTY IS DIFFERENT FROM IN REM JURISDICTION--Belcher Co. v. MIV …

Extraterritoriality: A Candian Perspective, Allan E. Gotlieb

Northwestern Journal of International Law & Business

Extraterritoriality, or "ET" as it is known in the trade, has long been a controversial subject in international law. In recent years, several dramatic examples of its application have raised its profile considerably. Perhaps the most glamorous treatment of extraterritoriality is E.T., the recent fil abou the dilemmas an unusual creature faces when he finds himself trapped in a foreign jurisdiction.

Reflections On Criminal Jurisdiction In International Protection Of Cultural Property, M. Cherif Bassiouni

Syracuse Journal of International Law and Commerce

This article focuses on the issue of jurisdiction in international agreements concerning the protection of cultural property.