Transnational Law Commons^™

The Protection Of Art In Transnational Law, Alan Marchisotto

Vanderbilt Journal of Transnational Law

Over the years, governments have been faced with preservation problems posed by war, theft and uncontrolled access to cultural sites. In addition, they have become increasingly sensitive to the unrestricted exodus of culturally important works of art. Their attempts to deal with these problems have raised serious questions about the nature of state responsibility in this field, about the criteria employed to define a particular cultural heritage and to classify certain work as falling within it, and about the right of nations to claim exclusive control of designed works of art. The difficulty in answering these questions has been compounded …

The Regulation Of Transnational Sports Competition: Down From Mount Olympus, James A.R. Nafziger

Vanderbilt Journal of Transnational Law

This article seeks first to identify the behavioral and organizational characteristics, and to clarify the shared goals of transnational sports competition. Against this background, the article will examine the formal characteristics of decision-making within the Olympic Movement, whose quadrennial Games provide the most highly developed for a for these events. Finally, four case studies are used to evaluate the Olympic organization's performance--that is, the efficacy of relevant policies, rules and procedures that are available to decision-makers to achieve the shared goals of the organization. Several modest proposals are advanced. Aside from these, however, a comprehensive prescription of alternative policies, rules …

Comments On The Bremen V. Zapata Off-Shore Co., Journal Staff

Vanderbilt Journal of Transnational Law

The Bremen v. Zapata Off-Shore Co., by bringing domestic law more into harmony with international custom and comparative practice, represents a step in the development of uniformity in transnational law. For this reason the Journal invited the following comments. Professors Charles L. Black, Jr., Robert Leflar and Harold G. Maier explore various aspects of this highly significant case.

Establishing Minimum Compensation Criteria For Use In Expropriation Disputes, Roger C. Wesley

Vanderbilt Law Review

The basic criteria suggested in this article are not intended to be exclusive determinative factors, and in most cases, mitigative considerations will continue to play a dominant role. It is hoped, however, that the present analysis will spur the organized initiation of additional proposals on standards and criteria, not only by executive departments and parliamentary chambers, but also by organized bar groups and other representatives of the private sector. The cumulative effect of new proposals hopefully will be the positive enlargement of rule of law considerations in expropriation disputes by a draft convention on investment protection, which to date has …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

NULLITY AND REVISION: THE REVIEW AND ENFORCEMENT OF INTERNATIONAL JUDGMENTS AND AWARDS

By W. Michael Reisman

New Haven: Yale University Press, 1971. Pp. vii, 900. $25.00.

-----------------------------

THE ENDLESS CRISIS

Edited by Frangois Duchne

New York: Simon and Schuster, 1971. Pp. 310. $2.75.

------------------------------

INTERNATIONAL LAW, NATIONAL TRIBUNALS AND THE RIGHTS OF ALIENS By Grant Dawson and Ivan L. Head

Syracuse: Syracuse University Press, 1971. Pp. vii, 344. $11.75.

-------------------------------

THE LIMITED ELITE: POLITICS AND GOVERNMENT IN TWO INDIAN CITIES

By Donald B. Rosenthal

Chicago: University of Chicago Press, 1970. Pp.vii, 360. $12.75.

--------------------------------

INTERNATIONAL LAW: THE SUBSTANCE. …

The Origins Of Ambivalence In Transnational Norms, Frederick O. Bonkovsky

Vanderbilt Journal of Transnational Law

Grotius' magnum opus of 1625, "De Jure Belli ac Pacis", represented the culmination and summary of Western international norms through the 17th century. But Grotius' explicit statement of international mores in legalized terms marked a departure from medieval thought. By secularizing natural law and, more importantly, by recognizing the new international system of the sovereign nation-states, Grotius made major alterations in transnational theory, thus earning the sobriquet, "father of international law."

As will be seen, however, a serious ambivalence marked Grotius' views. His modernity was demonstrated most notably in his recognition that international politics was the province of a number …

Espionage In Transnational Law, Leslie S. Edmondson

Vanderbilt Journal of Transnational Law

Traditionally, spies have been defined as "secret agents of a State sent abroad for the purpose of obtaining clandestinely information in regard to military or political secrets." Older authorities have stated emphatically that the gravamen of espionage is the employment of disguise or false pretense. Such deception has been the justification for visiting the severest of penalties upon the captured spy. Curiously, however, the employment of spies has not been considered reprehensible conduct. The refusal to officially acknowledge the commissioning of a spy operated to relieve the government of any responsibility either to the offended state or to the secret …

Expression Of Democracy: Local Elections In Petorca, Chile, Peter S. Cleaves, Eugene V. Matta

Vanderbilt Journal of Transnational Law

The municipal elections of Chile were held on April 2,1967. On April 3, in Santiago, spokesmen from the national committees of the five major parties --the Christian Democrats, the Radicals, the Communists, the Nationalists, and the Socialists--all proclaimed that the results showed that their political aggregation had been victorious on the previous day. The debate concerning who had won the election raged for several weeks in the press, in Congress and in spirited social conversation. The Christian Democrats argued that although their percentage of the national vote dropped from forty-two per cent to thirty-five per cent, they had increased their …