Transnational Law Commons^™

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

Direct Investment and Development in the U.S.: A Guide to Incentive Programs, Laws and Distinctions

Raymond J. Waldmann

Washington, D.C.: Transnational Investments, LTD., 1980. Map, Tables and Glossary. Pp. 443.

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Taxing Unfair International Trade Practices

Greyson Byran

Lexington, Mass: Lexington Books, 1980. Pp. 360. $34.95.

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The Constitutions of the Communist World

Edited by William B. Sinons

Netherlands: Sijthoff & Noordhoff, 1980. Pp. 662.

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The Circular

Part I by Eric J. Herpin and Part II by Charles A.Dilley

Brussels: Emile Bruylant, 1979. Pp. 216.

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International Corporate Taxation

Philip P. Postlewaite

Colorado Springs, Colorado: Shepard's/McGraw-Hill Book …

Introduction, Harold G. Maier

Vanderbilt Journal of Transnational Law

On October 24, 1980, a symposium entitled "Transnational Technology Transfer: Current Problems and Solutions for the Corporate Practitioner" was held at Vanderbilt Law School. The symposium was a regional meeting of the American Society of International Law (ASIL) co-sponsored by the Vanderbilt Journal of Transnational Law and the Vanderbilt International Law Society under the auspices of the law school's Transnational Legal Studies Program. This writer served as organizer for the ASIL. Mr. Kevin Tyra, a third-year law student, was Symposium Chairman. Persons in attendance at the symposium were individuals active in private practice, government, and the academic field. During the …

Recognition Of Rhodesia And Traditional International Law: Some Conceptual Problems, Isaak L. Dore

Vanderbilt Journal of Transnational Law

The traditional theories of recognition do not properly maintain the essential distinction between state and government. The only proper way to maintain this distinction is by laying down verifiable criteria for statehood, and treating the recognition of governments as purely discretionary. A state must have come into existence before the question of recognition of a particular government can arise. International personality is a consequence of statehood, not of recognition; if a state can objectively come into existence, so can international personality, and the grant or withdrawal of recognition cannot affect that personality.

The degree of recognition conferred by the United …

Book Reviews, Robert Belton, Dr. Nasrollah S. Fatemi, Ann L. Hollick

Vanderbilt Journal of Transnational Law

Book Reviews ================

Equal Employment Policy for Women: Strategies for Implementation in the United States, Canada, and Western Europe

Ronnie Steinberg Ratner, ed.

Philadelphia, Pennsylvania: Temple University Press. Pp. xxii, 520

Reviewed by Robert Belton

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The Host State of Transnational Corporations

Juha Kuusi

England: Saxon House. 1978. Pp. 117. $25.25

Reviewed by Dr. Nasrollah S. Fatemi

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The Enclosure of Ocean Resources: Economics and the Law of the Sea

Ross D. Eckert

Stanford: Hoover Institution. 1979.Pp. xvi, 390. $16.95

Reviewed by Ann L. Hollick

Reciprocal Influence Of British And United States Law, Clark C. Siewert

Vanderbilt Journal of Transnational Law

The influence of British and United States courts on each other's statutory and decisional law has been primarily indirect. Although few fundamental differences exist between the legal principles, methods, and concepts of the two major common law jurisdictions, the courts in both countries have resisted the use of the other's case law. This is unfortunate because a United States or an English case might provide a fresh perspective for a domestic court that otherwise feels bound by a previous line of reasoning. Since cases from foreign jurisdictions are most relevant in dealing with a question of international or transnational law, …

Recent Development: Foreign Sovereign Immunity, Jere Geiger Thompson

Vanderbilt Journal of Transnational Law

The Foreign Sovereign Immunities Act of 19761 (FSIA) grants an "agency or instrumentality" of a foreign state substantially the same immunities that are provided to the state itself under the Act. An agency or instrumentality of a foreign state is defined in section 1603(b) of the FSIA. Section 1603(b) lists the following three criteria that must be met by an entity in order to qualify as an agency or instrumentality for sovereign immunity purposes: (1) the entity must be a legally independent person3 under the laws of the foreign state in which it was created; (2) the entity must be …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

CASE DIGEST

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

THE CONSTITUTIONALITY OF OBTAINING QUASI IN REM JURISDICTION BY MARITIME ATTACHMENT IS NOT LIMITED BY Shaffer v. Heitner

MAXIMUM LIMITS ON DISABILITY BENEFITS ARE NOT APPLICABLE TO DEATH BENEFITS PAYABLE UNDER THE LONGSHOREMEN'S AND HARBORWORKERS' COMPENSATION AcT

REFUSAL OF INS DISTRICT DIRECTOR TO GRANT NON-PRIORITY OR DEFERRED STATUS IS SUBJECT TO THE ARBITRARY AND …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE HOST STATE AND THE TRANSNATIONAL CORPORATION: AN ANALYSIS OF LEGAL RELATIONSHIPS

By Juha Kuusi

Farnborough, England: Saxon House, 1979. Pp. 177. $25.25 (Distributed by Renouf USA, Brookfield, Vermont.)

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THE INDIRECT CREDIT Vol. II

By Gerald Ball and Elizabeth A.Owens

Cambridge, Mass.: The International Tax Program, Harvard Law School, 1979. Pp. 406. $40.00.

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JURIDICA: ANUARIO DEL DEPARTAMENTO DEL DERECHO DE LA UNIVERSIDAD IBEROAMERICANA

Edited by Enrique Portilla Osio Mexico City: Universidad Iberoamericano. 1978. Pp. 595.

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LES SANCTIONS PRIVATES DE DROITS Ou DE QUALITE DANS LES ORGANISATIONS INTERNATIONALES SPECIALISEES

By Charles Leben Brussels: Emile Bruylant. 1979. Pp. 410. …

Responding To Transnational Cartels: A Proposal And Its Background, Journal Editor

Vanderbilt Journal of Transnational Law

The titles in the following section address various aspects of the problems that the United States faces in attempting to impose liability for actions by international cartels in violation of United States antitrust law. Representative Albert Gore has introduced legislation in the last two sessions of congress which he feels will assist in alleviating many of these problems. Mr. Gore's current legislation, the Cartel Registration Act, is the subject of his article in which he takes a strong advocacy position on its behalf.

The Cartel Restriction Act in its present form evolved from the considerable comment, both favorable and unfavorable, …

Extraterritorial Application Of The Federal Securities Code: An Examination Of The Role Of International Law In American Courts, George M. Taylor Iii.

Vanderbilt Journal of Transnational Law

When the Securities Act of 1933 and the Securities Exchange Act of 1933 were enacted, the international capital market was in its infancy, and the legion difficulties of regulating transnational securities transactions had not evidenced themselves. The adaptation of those laws to the international economy has been largely the work of courts. The Securities and Exchange Commission, whose single venture into the field has not proved fully successful, has gladly acquiesced in the case by case approach to extraterritorial securities jurisdiction. On the other hand, Congress has for the most part remained silent. Since extraterritorial application of the securities laws …

Freedom Of Transnational Movement: The Helsinki Accord And Beyond, Daniel C. Turack

Vanderbilt Journal of Transnational Law

Initial formal evaluation of the implementation of the Final Act of the Conference on Security and Cooperation in Europe signed at Helsinki on August 1, 1975, [hereinafter Helsinki Accord] took place at a 35-nation conference in Belgrade during the period from October 4, 1977, to March 9, 1978. The Helsinki Accord, though not a treaty, sets forth various principles of governmental conduct concerning freedom of transnational movement. The Accord morally commits participating states to implement certain measures either domestically or with other states, to respect, promote, and encourage human rights and fundamental freedoms.

The Helsinki Accord is divided into three …

Perspectives On The Transfer Of Prisoners Between The United States And Mexico And The United States And Canada, M. Cherif Bassiouni

Vanderbilt Journal of Transnational Law

Transfers of convicted offenders have recently begun under United States treaties with Mexico and Canada. Both treaties were ratified by the Senate in July, 1977, and implementing legislation was enacted on October 28, 1977. The treaties represent pioneering efforts in international penal cooperation, and like all such efforts they pose novel operational and constitutional challenges. This article will outline the transfer procedures and highlight some substantive constitutional issues.

Legislating Business Morality: A Look At Efforts By Two International Organizations To Deal With Questionable Behavior By Transnational Corporations, James S. Glascock

Vanderbilt Journal of Transnational Law

The news media have been filled in recent years with stories of questionable conduct by transnational corporations (TNCs). Allegations and admissions of bribes and "dubious" payments or "improper" benefits to governmental and political figures and groups have been rife. In response, numerous national bodies have set about the task of investigating and dealing with questionable TNC conduct. In the United States, the Securities and Exchange Commission, the Internal Revenue Service, the State Department, the Defense Department, the Justice Department, the Overseas Private Investment Corporation, the Congress, and the Executive have been active on the problem.

Various international bodies have also …

Fact And Fiction Concerning Multinational Labor Relations, John C. Shearer

Vanderbilt Journal of Transnational Law

This article briefly reviews the magnitude, nature, and growth of the foreign investments of American-based MNCs, especially those in the nine member countries of the European Community (EC), and summarizes the major union fears and aspirations that arise from the rapid growth in scope and power of MNCs. The article focuses on the realities and fantasies surrounding the prospects for multinational collective bargaining with MNCs, which is widely viewed as the most feasible means by which unions can protect their vital interests threatened by MNCs. Unfortunately, in discussions of this matter considerable fiction is often mixed with fact. Some observers …

Toward A Consultative Relationship Between The United Nations And Non-Governmental Organizations?, Michael M. Gunter

Vanderbilt Journal of Transnational Law

What do consultative relationships entail? What has been the impact on United Nations policies? What has gone wrong? Why has the consultative relationship failed to live up to expectations? What are the chances for ameliorating the present malaise and moving towards a new, reinvigorated consultative relationship? This article will address these questions now being raised in the current discussions about revitalizing ECOSOC.

Erosion Of Trade Union Power Through Multinational Enterprises?, Hans Gunter

Vanderbilt Journal of Transnational Law

The present article explores the effects of the operations and growth of multinational enterprises (MNEs) on power, role, and legitimation of the trade unions within the national industrial relations systems in the industrialized countries of Western Europe and North America. This study neglects the effects of MNEs on international union cooperation and labor solidarity, which are dealt with in other contributions to this issue. This focus reflects the author's thesis that the main trade union concern and strategy in the countries in question is the integration of MNEs into the existing national industrial relations setting, while the development of border-crossing, …

The Canada Business Corporations Act: Some Aspects Of Transnational Interest, Robert W.V. Dickerson, David L. Vaughan

Vanderbilt Journal of Transnational Law

With passage into law on March 24, 1975, of the Canada Business Corporations Act (CBCA) it is probably safe to say by way of provocative introduction that Canada has enacted the most modern corporation law in the English-speaking world. The Act is to be proclaimed in force at the end of December, 1975. Although the predecessor statute, the Canada Corporations Act, will remain in force, no new corporations may be incorporated under it.

Legal Aspects Of A United States Foreign Sports Policy, James A.R. Nafziger

Vanderbilt Journal of Transnational Law

The father of the modern Olympic Games, Baron Pierre de Coubertin, envisaged international athletic exchange as the "free trade of the future." No nation would regulate this trade to its political advantage. The Olympic Games, as well as other international political arenas, would be unpolluted by political currents. To a remarkable extent, considering the course of twentieth century history, these aspirations have been met. But athletic exchange, like other forms of human interaction, nevertheless remains exposed to sovereign intervention; a measure of politics is inevitable in any transnational activity, whether in the United Nations or a global convention of medieval …

A Retrospective Analysis Of United Nations Activity In The Congo And Its Significance For Contemporary Africa, Agola Auma-Osolo

Vanderbilt Journal of Transnational Law

U Thant's decision to take action against Katanga's secession--a decision that was welcomed by most African countries--must have been motivated, at least in part, by his Third World sympathies as well as his views as to the significance of chapter VII of the United Nations Charter. It was his positive attitude toward the Afro-Asian bloc, of which his own country is a member, that determined the decision U Thant made. Had U Thant been from the West, it is more likely that his decision would not have deviated from that of Hammarskjold...

With these experiences, it is therefore hoped that …

Editor's Foreword, Charles G. Burr

Vanderbilt Journal of Transnational Law

The Vanderbilt Journal of Transnational Law is a new undertaking at Vanderbilt Law School. The Journal is an outgrowth of the predecessor publication, The Vanderbilt International, which was established in 1967 as a bulletin of the Vanderbilt International Law Society. A number of factors, including increased student enrollment at the Law School and a growing awareness of global activities and problems, have facilitated the Journal's evolution into its present, expanded format. It is indeed appropriate that the lead article of the new publication should be authored by Judge Philip C. Jessup, who has long been the foremost advocate in the …

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.

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.

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THE ENDLESS CRISIS

Edited by Frangois Duchne

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

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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.

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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.

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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 …