International Trade Law Commons^™

Recent Developments, Law Review Staff

Vanderbilt Law Review

The doctrine of sovereign immunity' prohibits the courts from assuming jurisdiction of a foreign sovereign without that sovereign's voluntary acquiescence, and the act of state doctrine prohibits the courts from assuming jurisdiction to judge the acts of a foreign sovereign performed within the geographical borders of its own country. In the United States, a judicial determination of self-restraint under either of these two doctrines effectively operates to bar further litigation on complaints brought against foreign governments or their instrumentalities and on complaints brought against private individuals, but based on the acts of their sovereigns. Despite the common policy foundations of …

Book Reviews, Werner Baer, John B. Marshall, Justin P. Wilson, Emmanuel Bello

Vanderbilt Journal of Transnational Law

INDIRECT TAXATION IN DEVELOPING ECONOMIES: THE ROLE AND STRUCTURE OF CUSTOMS DUTIES, EXCISES, AND SALES TAXES

By John F. Due

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

reviewer: Werner Baer

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THE INTERNATIONAL LAW OF CIVIL WAR

Edited by Richard A. Falk

Baltimore: Johns Hopkins Press, 1971. Pp. xix, 452. $15.00

reviewer: John B. Marshall

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NATIONAL INTERESTS AND THE MULTI-NATIONAL ENTERPRISE

By Jack N. Behrman

Englewood Cliffs, New Jersey: Prentice-Hall, 1970. Pp. 194. $4.95

reviewer: Justin P. Wilson

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TRANSNATIONAL BUSINESS COLLABORATION AMONG COMMON MARKET COUNTRIES: ITS IMPLICATIONS FOR POLITICAL INTEGRATION

By Werner J. Feld

New …

Toward Greater Flexibility In The Exchange Rate Regime Of The International Monetary Fund: The Widening Of The Band, Swadesh S. Kalsi

Vanderbilt Journal of Transnational Law

It is a commendable achievement that, in the atmosphere of a war shattered world, it was at all possible to fashion an international currency system at the Bretton Woods Conference in 1944. Indeed, the International Monetary Fund represents a historic milestone in international cooperation. Since its inception at Bretton Woods, however, the international monetary system has been plagued by two major problems. First, the expanded use of trade constraints by countries following policies of full employment and internal price stability tends to foster a balance of payments disequilibrium; consequently, the present mechanism for adjustment is not satisfactory. Events after May …

Doctrines Of Sovereign Immunity And Act Of State--Conflicting Consequences Of State Department Intervention, Law Review Staff

Vanderbilt Law Review

The doctrine of sovereign immunity' prohibits the courts from assuming jurisdiction of a foreign sovereign without that sovereign's voluntary acquiescence, and the act of state doctrine prohibits the courts from assuming jurisdiction to judge the acts of a foreign sovereign performed within the geographical borders of its own country. In the United States, a judicial determination of self-restraint under either of these two doctrines effectively operates to bar further litigation on complaints brought against foreign governments or their instrumentalities and on complaints brought against private individuals, but based on the acts of their sovereigns. Despite the common policy foundations of …

Dam: The Gatt, Law And International Economic Organization, Carl H. Fulda

Michigan Law Review

A Review of The GATT, Law and International Economic Organization by Kenneth Dam

Consular Officer's Amenability As Witness, Stephen J. Werber

Law Faculty Articles and Essays

The purpose of this paper is to examine various treaty provisions in an effort to ascertain the manner in which a consular officer's obligation to testify is set forth, the immunities given such an officer and some of the problems raised by both the obligation and the immunities.

Book Review. Cases And Materials On The Regulation Of International Trade And Investment By C. H. Fulda And W. F. Schwartz, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

The Effects Of A Twelve Mile Limit For The Territorial Sea, Richard J. Brennan

Marine Affairs Theses and Major Papers

A treaty setting the limit of territorial waters at twelve miles will probably be negotiated and accepted by most nations in the near future. In areas not involving straits, this limit will have both beneficial and harmful effects, but it appears to be the best solution that can be achieved. However, in order to ensure that confidence in the free use of the oceans is maintained, the United States should attempt to have included in the treaty a provision for a channel of high seas through international straits. Agreement to such a provision will be difficult to obtain and if …

Britain And The Free Trade Area Negotiations Of 1956-1958, George Y. Ballentine

History Theses & Dissertations

Abstract unavailable.

The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

This article examines the constitutionality of the FDIR and similar regulations issued pursuant to section 5 (b), and comments upon the basic propriety and desireability of delegations of broad emergency powers to the President. The development of executive powers under section 5(b) will first be discussed with an eye toward determining, through the legislative history, congressional intent underlying the section. The role of judicial review of the exercise of executive emergency powers will be examined, followed by an analysis of the theory underlying the delegation of such powers to the President. Finally, the constitutional limitations on the emergency powers of …

Liability Of Carrier For Loss Or Damage To International Shipments, Thomas R. Skulina

Cleveland State Law Review

Though shipments by truck or rail are usually interstate or intrastate, many such shipments traverse the Mexican and Canadian borders or involve delivery from or to an ocean vessel for international transshipment. The federal laws which set out the liability of a carrier for interstate shipments are known as the Carmack Amendment and the Cummins Acts. This article will deal with the regulation of the so-called "International Shipment." A myriad of problems arises in the determination of what law is applicable to a shipment that either originated in or is destined for a foreign nation. Though the Federal statute itself …

Foreign Income In The Music Industry, Leo Strauss, Jr.

Vanderbilt Journal of Transnational Law

The record and music industries have grown tremendously and have become much more sophisticated in recent years. At one time a music publisher merely listened to a song and if he liked it he acquired the copyright. A recording artist or a recording A & R man would record those songs that he happened to like. Those who were lucky had their share of hits. This normally does not work any more, although it does in certain localized contexts. The record industry is big business and spans national borders as well as continents, affecting and bringing into contact with each …

Book Review, Jason G. Reynolds

Vanderbilt Journal of Transnational Law

In this book author Michael Tanzer focuses upon the familiar and prolific theme of oil's impact upon the under-developed countries (UDC's). Tanzer does, however, approach the subject from a different angle: he concentrates upon oil's effects on the oil-importing UDC's rather than its effects upon the oil-exporting UDC's. One expects at first that this change in emphasis would produce a vastly different account of the plight of the UDC's. It turns out, however, that despite the basic dissimilarity between importing and exporting of oil, the problems facing the importing UDC's are quite similar to the well-known problems long experienced by …

The Multinational Corporation As A Challenge To The Nation-State: A Need To Coordinate National Competition Policies, G. Philip Nowak

Vanderbilt Law Review

The recent growth and development of the multinational corporation presents the international community with a unique challenge. For the first time man has an instrument which enables him to use the world's resources with maximum efficiency. He is no longer restricted by national boundaries, but is able to allocate resources on a world wide basis. In addition, the multinational enterprise provides a means for linking the developing countries to an international productive scheme. These countries are now able to undertake production of goods in which they have a comparative advantage and more rapidly increase their rate of economic development.Since the …

Relationships Between Foreign Policy, National Security And The Regulation Of Foreign Commerce, Fredrick W. Huszagh

Scholarly Works

Federal regulation of industry is employed frequently to protect the consumer, frustrate extensive concentrations of power, and safeguard the national interest. History demonstrates that the effectiveness of regulatory provisions involving independent regulatory agencies is substantially affected by congressional and presidential attitudes and actions. The President's actions may be premised on his congressionally delegated powers over particular regulatory activities, his prestige and strategic leverage, or his own constitutional powers. How the President's constitutional and congressionally delegated powers over foreign relations and national security interact with the activities of independent regulatory agencies with respect to international commerce, especially concerning communication by satellite, …

Communist China's Foreign Trade Contracts And Means Of Settling Disputes, Gene T. Hsiao

Vanderbilt Law Review

International trade involves a host of legal problems. Basic among these are the institution of contracts and the principles of settling disputes. Nations may enter into trade treaties and agreements to define and regulate their commercial relations, but actual transactions are always concluded on the basis of contracts. In the case of disputes arising from these contracts, the parties often resort to conciliatory or arbitrary means instead of court litigation. Communist China has over the course of the past eighteen years established trade relations with more than 120 countries and regions. In so doing, the Peking regime has relied upon …

Economic Integration In East Africa: Distribution Of Gains, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

International Security Markets, Robert L. Knauss

Vanderbilt Journal of Transnational Law

I would like to concentrate on what we might call the international aspects of the European securities markets and, if nothing else, to define a couple of terms. What I want to do first is to look at the question of integration of capital markets, and what we mean by that term. Is it really easier for a French company to raise capital in Belgium than a company from the United States? Has there been any integration in the Common Market? Do foreign issuers raise capital on national securities markets in the currency of that market? I think we have …

International Agencies And The Capital Formation Process, Lester Nurick

Vanderbilt Journal of Transnational Law

The theme of my address will be (a) the principal means by which the international public lending institutions (principally the International Bank for Reconstruction and Development--the World Bank), the International Development Association (IDA), the International Finance Corporation (IFC), and the Inter-American Development Bank (IADB)) join with others in the channeling of funds from private, governmental and other international sources for development projects, and (b) some of the main legal problems which arise.

An operation of this kind is usually called a joint financing operation. However, it should be noted that in a sense every loan by an international organization for …

Headnotes, Journal Staff

Vanderbilt Journal of Transnational Law

On April 4, 1969, the American Society of International Law (ASIL) and the Vanderbilt International Law Society held a Conference on Legal Problems of International Capital Formation. The Symposium appearing in this issue of the International directly results from this Conference.

Manuel F. Cohen, former Chairman of the Securities and Exchange Commission, begins the Symposium with a brief overview of the development of international securities markets in Europe. Mark S. Massel then suggests the questions a businessman or lawyer should ask before making foreign investment. Lester Nurick shows how international organizations, especially the World Bank, join with private parties in …

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 Common Market Twenty-First Century (With An International Franchising Assist), Bernard Goodwin

Vanderbilt Journal of Transnational Law

The development of a supranational economy calls for novel legal approaches to bridge the gaps created by national boundaries. These barriers are now too artificial with the increasingly accelerated pace of an ever-shrinking world of speedy, even instantaneous, communications, much more so than they were in the pre-Industrial Revolution era ending with the close of the eighteenth century.

To understand the possibilities of a supranational economy, it will be helpful to look briefly at history, because some intergroup action or economy has always existed among neighboring groups. It was usually the power of one group over another that controlled their …

Book Review. The Prohibition Of Combination Of Enterprises In The Law Of The European Economic Community By S. A. Matallinos, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Communist China's Trade Treaties And Agreements (1949-1964), Gene T. Hsiao

Vanderbilt Law Review

Utilizing material gathered by extensive research, the author examines Communist China's trade treaties and agreements, with some emphasis upon their economic and political implications. Also, he analyzes the Communist Chinese use of establishment provisions and national and most-favored-nation treatment. The author has selected the period from 1949 to 1964 due to the existence of an official collection of treaties compiled by the Peking government for this period. Although the collection has not been available since 1964, the authors examination of secondary official source materials has revealed no significant change in the regime's attitude, and therefore, the materials contained in the …

Lafave & Hay, Eds: International Trade, Investment, And Organization, Carl H. Fulda

Michigan Law Review

A Review of International Trade, Investment, and Organization edited by W.R. LaFave and P. Hay

International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen

William & Mary Law Review

No abstract provided.

Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau

William & Mary Law Review

No abstract provided.

Honnold: Unification Of The Law Governing International Sales Of Goods, E. Allan Farnsworth

Michigan Law Review

A Review of Unification of the Law Governing International Sales of Goods edited by John Honnold

Self-Regulation-Panacea Or Pitfall?, William D. Dixon

University of Richmond Law Review

Several recently announced Federal Trade Commission advisory opinions have revived anew the controversy surrounding what a businessman can and cannot do in the area of self-regulation. The reasons for the existence of the controversy can be readily understood, for on the one hand businessmen are being constantly urged by those within the federal government to clean their own houses before the Government is forced to do the job for them, and yet on the other they are faced with the specter of an antitrust prosecution if they do anything toward that end which they feel will be in any way …