Transnational Law Commons^™

The United Nations International Conference On Population And Development: Religion, Tradition, And Law In Latin America, Gregory M. Saylin

Vanderbilt Journal of Transnational Law

At the 1994 United Nations International Conference on Population and Development, the Vatican, along with several Latin American and Muslim nations, fought against First World nations that sought to include provisions relating to abortion, contraception, sexual education, and women's issues in the Conference's Program of Action. Universal agreement was not reached and several nations, including the Vatican, refused to completely join the Program of Action.

This Note examines the history and theory behind the United Nations population conferences. Against this background, the author examines the 1994 Conference and considers its effect on Latin America by discussing the religion, tradition, and …

The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster

Vanderbilt Journal of Transnational Law

As international commercial disputes become more common, United States courts increasingly face difficult issues involved in transnational discovery. Two frequently encountered issues are choosing whether to use the discovery procedures of the Federal Rules of Civil Procedure or the Hague Evidence Convention and whether to enforce a discovery order when the order conflicts with a law of the state in which discovery is to occur. Although the Supreme Court has addressed both of these issues, it has left lower courts considerable discretion to deal with these issues case by case. Lower courts, therefore, have not been uniform in their approaches …

Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr.

Vanderbilt Journal of Transnational Law

Should the Fourth Amendment reach abroad to protect noncitizens when United States law enforcement agents conduct searches and seizures in a foreign state? The courts have assumed this to be a closed question since 1990, when the Supreme Court, in a broadly worded plurality opinion by Chief Justice Rehnquist, asserted that the Amendment protects only citizens and other members of the "national community." However, as this Article points out, the Chief Justice's plurality opinion in United States v. Verdugo-Urquidez did not represent the judgment of a majority of the Court and therefore does not foreclose continued consideration of the scope …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.

Loan Guarantees, Israeli Settlements, And Middle East Peace, John Quigley

Vanderbilt Journal of Transnational Law

Professor Quigley questions whether the United States should guarantee loans for Israel in light of Israel's continued occupation of the West Bank. The author believes that Israel's policies of displacing the local Palestinian population and transferring its own population into the West Bank violate the Geneva Civilian's Convention and the accepted principles of belligerent occupation. Consequently, Mr. Quigley argues that any aid the United States gives Israel might facilitate these illegitimate activities and make the aid grant itself an illegal act in the eyes of the international community. Professor Quigley concludes that the United States support of Israel's settlement activities …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This CASE DIGEST provides brief analyses of cases that represent cur- rent aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.

Table of Contents

I. EXTRADITION/FORCIBLE ABDUCTION ...................... 537

II. IMMUNITY FROM ARREST ................................ 538

III.FOREIGN SOVEREIGN IMMUNITY .......................... 539

IV. DISCOVERY/INTERNATIONAL RULES OF JUDICIAL PROCEDURE . 540

The Eagle Or The Ostrich: A United States Perspective On The Future Of Transnational Banking, Marilyn B. Cane

Vanderbilt Journal of Transnational Law

In this Article, Professor Cane discusses the problems of United States banking regulations in the new global financial system. These problems include antiquated legislation, the deposit insurance system, the dual federal-state banking system, and restrictive branching laws. Part II discusses the current deposit insurance system and options for reform. Part III poses the question of whether the United States should have "national" treatment or "reciprocal national" treatment for financial institutions. Part IV discusses the limitations the United States has put on its financial institutions and the disadvantage these limitations have caused globally. Finally, in Part V, Professor Cane discusses a …

Foreword: Some Implications Of The Term "Transnational", Harold G. Maier

Vanderbilt Journal of Transnational Law

I think it is safe to say that no other body of law has changed as much during the Twentieth Century as has the law applicable to international matters. When the late Judge Phillip C. Jessup coined the term "transnational law,"' he did so with the recognition that human affairs could not properly be confined by the artificial territorial boundaries of nation-states. When the Vanderbilt International, the original incarnation of the Vanderbilt Journal of Transnational Law, sought a new name to mark its transition from duplicated to printed format, it selected Jessup's characterization to emphasize global interdependence, rather than the …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. These cases are grouped in topical categories and references are given for further research.

A Changing Europe, Joe M. Rodgers

Vanderbilt Journal of Transnational Law

Those of you who have been here all day have heard some people that really understand what is going on in Eastern Europe, people from those countries, and experts in those subjects. I am going to take a little different approach. I am going to talk about Europe, and why I think it is at the real leading edge of global change today as we know our economic and political systems. There are four things happening in Europe today, any one of which would have an impact, or will have an impact, on the future as you young people know …

Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber

Vanderbilt Journal of Transnational Law

This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.

Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matters. …

Transfer Of Penal Sanctions Treaties: An Endangered Species?, Abraham Abramovsky

Vanderbilt Journal of Transnational Law

This Article discusses the viability of United States Transfer of Penal Sanctions Treaties, focusing primarily on the Mexican-United States Treaty. The author argues that these treaties are effective and enforceable, but have been undermined by resort to unilateral abductions by the United States.

Part I of the Article examines the history and rationales leading to the promulgation of various penal sanctions treaties. The United States has entered these treaties largely because of the rising number of United States citizens incarcerated abroad, because of the substandard treatment afforded such prisoners, and because of the idea that offenders' rehabilitation will be eased …

Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner

Vanderbilt Journal of Transnational Law

This Note proposes an alternative to the current international legal system for addressing the worldwide environmental crisis. The author describes the conditions of the environment and argues that the current legal system is incapable of responding to the already severe global environmental crisis. The author suggests that a network of environmental nongovernmental organizations (NGOs) can obtain results that are currently beyond the capabilities of either individual states or traditional international organizations. The main function of this type of network would be to collect and disseminate information to facilitate environmental action. The author also proposes a specific construction for an environmental …

Immunity Of International Organizations In United States Courts: Absolute Or Restrictive?, Richard J. Oparil

Vanderbilt Journal of Transnational Law

Since 1945, international and intergovernmental organizations have been entitled to immunity under the International Organizations Immunities Act (IOIA) akin to that enjoyed by foreign governments, which was absolute at that time. In 1976, however, passage of the Foreign Sovereign Immunities Act (FSIA) significantly restricted the nature of foreign governments' immunity. This Article addresses the issue of whether the FSIA also restricted the immunity enjoyed by international organizations. The first two sections describe the IOLA and the FSIA. The third section discusses a number of cases involving international organizations and the ways courts have been able to avoid the issue of …

Case Digest-Vol.24-No.1, Law Review Staff

Vanderbilt Journal of Transnational Law

This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.

I. NATIVE AMERICANS/JURISDICTION NATIVE AMERICAN TRIBAL COURT DOMESTIC RELATIONS DETERMINATION ENTITLED TO FULL FAITH AND CREDIT PURSUANT TO INDIAN CHILD WELFARE ACT OF 1978 DESPITE CHALLENGE BY STATE OF ALASKA BASED ON PUBLIC LAW 280. Native Village of Venetie LR.A. Council v. Alaska, 918 F.2d 797 (9th Cir. 1990).

II. INTERNATIONAL TRADE …

Public Policy Concerns Prevent Application Of Comity To Foreign Bankruptcy Proceedings That Discriminate Against Tax Obligations Owed To The United States Government, Michael P. Bigelow

Vanderbilt Journal of Transnational Law

This Case Comment explores the application of comity to foreign bankruptcy proceedings, particularly when comity would render the Internal Revenue Service a general unsecured creditor in bankruptcy. The United States Court of Appeals for the Fifth Circuit held on public policy grounds that comity should not be accorded to a Luxembourg bankruptcy proceeding that discriminated against tax obligations owed to the United States government. This Case Comment discusses the factual setting for the instant decision and presents a brief history of transnational insolvency law. The author finds that the law of transnational insolvency is inconsistent and underdeveloped and that the …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. These cases are grouped in topical categories and references are given for further research.

TABLE OF CONTENTS

I. ALIENS: CITIZENSHIP AND NATURALIZATION ......... 857

II. TAXATION AND FOREIGN COMMERCE .................. 862

III. AIR CARRIER LIABILITY--WARSAW CONVENTION ........ 865

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

United States Tax Principles Govern Determination of Accumulated Profits Under Foreign Tax Credit Section of Internal Revenue Code, United States v. Goodyear Tire & Rubber Co. 110 S. Ct. 1172 (1990).

Tax Injunction Act Bars Foreign Parent of Subsidiary Doing Business in California from Raising Foreign Commerce Objections to Tax Board's Formula Franchise Tax Board of California v. Alcan Aluminum Ltd. 110 S. Ct. 661 (1990).

Correspondence Bank Account with United States Trust Company Held Insufficient Contact with United States to Establish Subject Matter Jurisdiction under the FSIA--International Housing Ltd. v. Rafidain Bank Iraq, 893 F.2d 8(2d Cir. 1989).

Successful …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that address current transnational legal issues. The Digest includes cases that set forth new legal principles and cases that apply established legal principles to new factual situations. The cases have topical headings and references are given for further research.

EL SALVADORAN SOLDIER WHO REFUSED TO PARTICIPATE IN ASSASSINATION SCHEME GRANTED POLITICAL ASYLUM IN THE UNITED STATES BECAUSE HE DEMONSTRATED "WELL-FOUNDED FEAR" OF PERSECUTION IN EL SALVADOR, Barraza Rivera v. Immigration & Naturalization Service, 913 F.2d 1443 (9th Cir. 1990).

THIRD CIRCUIT HOLDS THAT THE EQUAL ACCESS TO JUSTICE ACT DOES NOT APPLY …

Creditor Equality In Transnational Bankruptcies: The United States Position, Ulrich Huber

Vanderbilt Journal of Transnational Law

In addition to giving a fresh start to the debtor, a primary goal of bankruptcy law (at least of liquidation bankruptcy) is to distribute equally the debtor's assets to his creditors. Although the Bankruptcy Reform Act of 1978 and its 1984 Amendments (collectively "the Code") provide many ways of achieving this goal in domestic bankruptcies, these methods often prove to be of little help when a debtor's assets are located in more than one country.

Equality of creditors regardless of their origin, however, is considered essential for the development of international trade. International trade has grown substantially, if not explosively, …

The Perils Of Panama--Are United States Employees Of The Panama Canal Commission Exempt From United States Income Taxation?, Pamela P. Bond

Vanderbilt Journal of Transnational Law

Since the enactment of the Panama Canal Treaty (the Treaty) on October 1, 1979, United States citizens employed by the Panama Canal Commission have come to the United States federal courts seeking exemption from income taxation. The Commission employees have based their claims on an executive agreement which accompanied the Treaty. Specifically, they have relied on the language found in article XV of the Agreement in Implementation of Article III of the Panama Canal Treaty (the Implementation Agreement).

The Transnational Boycott As Economic Coercion In International Law: Policy, Place, And Practice, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

Despite the technological and political intricacies that earmark the current international economic system, the transnational boycott remains a prominent technique of international economic coercion.

The transnational boycott can be described as a coercive quasi-conspiratorial combination effort by one state to prevent another state from transacting commercial business. Threats or intimidation may be directed at the target state's customers to induce them to withhold or withdraw their patronage. While the ends and means of transnational boycotts may seem clear, their legal status appears to be open to conjecture. This situation can be attributed in no small part to the more sophisticated …

Recent Decisions, Lucy C. Gratz, Laurel C. Williams

Vanderbilt Journal of Transnational Law

Arbitration Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).

Lucy C. Gratz

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International Banking--The International Banking Act of 1978 Limits the States' Ability to Regulate Foreign Bank Entry, "Conference of State Bank Supervisors v. Conover," 715 F.2d 604 (D.C. Cir. 1983), cert. denied, 104 S. Ct. 1708 (1984).

Laurel Comstock Williams

Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing

Vanderbilt Journal of Transnational Law

THE FAMILY IN INTERNATIONAL LAW: SOME EMERGING PROBLEMS

Edited by R. Lillich

Charlottesville: Michie, 1981. Pp. xii, 164

Reviewed by Stephen C. Hicks

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TREATIES OF THE PEOPLE'S REPUBLIC OF CHINA, 1949-1978: AN ANNOTATED COMPILATION

By Grant F. Rhode and Reid E. Whitlock

Boulder, Colorado: Westview Press, 1980. Pp. ix, 207. $25.00.

Reviewed by David A. Elder

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STATE AND DIPLOMATIC IMMUNITY

By Charles Lewis London:

Lloyd's Press of London, Ltd., 1980. Pp. xv, 135. 16f.

Reviewed by Edward A. Laing

Legal Issues Relating To The Canadian National Energy Program, Jean-Paul Lacasse

Vanderbilt Journal of Transnational Law

Since its unveiling on October 28, 1980, Canada's National Energy Program has been commented upon abundantly in government circles, newspaper articles, trade magazines, and financial industry seminars, drawing both oil industry and foreign reactions. It has received less notice in scholarly publications, however, perhaps because it is a complex and continuously changing program that did not become effective until legislation was enacted. The purpose of this Article is to sketch a broad picture of the National Energy Program (NEP) while focusing on its Canadianization aspects, the new oil and gas taxation situation, and the Program's various transnational law implications. As …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

The Law of Transnational Business Transactions

Edited by Ved P. Nanda

New York: Clark Boardman Company, Ltd., 1981.Pp. 631. Looseleaf (Supplemented periodically). $75.00.

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Managing the Risks of International Agreement

By Richard B. Bilder

Madison, Wisconsin: The University of Wisconsin Press, 1981. Pp. 302. $22.50.

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The Family in International Law: Some Emerging Problems

Edited by Richard B. Lillich

Charlottesville, Virginia: The Michie Company, 1981. Pp. 164.

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International Aspects of Criminal Law: Enforcing United States Law in the World Community

Edited by Richard B. Lillich

Charlottesville, Virginia: The Michie Company, 1981. Pp.245.

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Boundaries: National Autonomy and its Limits …

Symposium Introduction, Terry Calvani

Vanderbilt Journal of Transnational Law

This Symposium issue of the Vanderbilt Journal of Transnational Law presents a collection of excellent articles on current antitrust law and United States international trade practices by some of the most knowledgeable scholars in the field, all of whom possess not only superb academic credentials but also a wealth of experience in international antitrust practice. Wilbur Fugate, former chief of the Foreign Commerce Section of the Antitrust Division and a distinguished author on antitrust and foreign commerce, opens the Symposium by examining the Webb-Pomerene Act" in light of the very recently enacted Export Trading Company Act of 1982...

The Symposium …

Book Reviews, Jorge L. Carro, David S. Clark, Burns H. Weston

Vanderbilt Journal of Transnational Law

El Conflicto Honduras-El Salvador y El Orden Juridico Internacional --

On July 14, 1969, the armed forces of El Salvador invaded Honduras... This book provides an almost hourly account of the events preceding the conflict, the war plans executed before the conflict started, the initiation of Inter-American System machinery for settling disputes, the heated discussions among the representatives of the different nations of the OAS, and the consequences of the war itself. Also included is the necessary background on the political and economic conditions prevailing in both countries before the war and a thorough analysis of what "role law and …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

Israel and Palestine: Assault on the Law of Nations

By Julius Stone

Baltimore and London: The Johns Hopkins University Press, 1981. Pp. 223.

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An Introduction to Javanese Law

By M. C. Hoadley and M. B.Hooker

Tucson: The University of Arizona Press (The Association for Asian Studies), 1981. Pp. 292. $9.95.

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Transnational Enterprises in a New International System

By Klaus W. Grewlich

Alphen aan den Rijn, The Netherlands: Sijthoff & Noordhoff, 1980. Pp. 229.

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Treaties of the People's Republic of China, 1949-1978: Annotated Compilation

By Grant F. Rhode and Reid E. Whitlock

Boulder, Colorado: Westview Press, …