Transnational Law Commons^™

Discussion After The Speeches Of Clifford L. Whitehill And Katharine F. Braid, Discussion

Canada-United States Law Journal

No abstract provided.

The Enforcement Of Agreements To Arbitrate And Arbitral Awards In Canada, J. G. Castel

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Justice John Sopinka And Robert Coulson, Discussion

Canada-United States Law Journal

No abstract provided.

Discussion After The Speech Of George W. Coombe, Jr., Discussion

Canada-United States Law Journal

No abstract provided.

Closing Remarks, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

Masthead, Volume 17 Issue 2 (1991)

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of William G. Deeks, Neil W. Zundel, Roger Phillips, And Robert L. Mcneill, Discussion

Canada-United States Law Journal

No abstract provided.

Technology Dispute Resolution In The United States: A Practical Perspective, Larry W. Evans

Canada-United States Law Journal

No abstract provided.

Discussion After The Speech Of Hans Smit, Discussion

Canada-United States Law Journal

No abstract provided.

Renegotiating Transnational Investment Agreements: Lessons For Develping Countries From The Ghana-Valco Experience, Paul Kuruk

Michigan Journal of International Law

This article describes the use of the renegotiation process to resolve problems that arise in the relations between participants in transnational investment. It draws conclusions from the successful renegotiation of an agreement executed in 1962 under which the Ghanaian government guaranteed bauxite and hydroelectric power supplies to support the smelting operations of the Volta Aluminium Company, Limited (Valco) in return for revenues from taxes and from payments for electricity, water, and use of the country's port facilities. The agreement between Ghana and Valco was entered into as part of the Volta River Project (VRP). This project was an investment scheme …

The International Court Of Justice And Administrative Tribunals Of International Organizations, Joanna Gomula

Michigan Journal of International Law

This paper will explore the origins of the Court's unusual system of review and underscore some of its problems. Surprisingly, this issue has not been adequately expounded, although occasionally different authors have discussed particular problems, such as the participation of individuals in proceedings before the Court.

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

Why A Private Right Of Action Against Dumping Would Violate Gatt, Roger P. Alford

Journal Articles

Despite its other successes, the General Agreement on Tariffs and Trade (GATT) has been criticized as being anything but successful in the antidumping arena. In particular, industries in the United States argue that GATT has failed to control dumping effectively and that alternative forms of relief are needed to counteract this unfair trade practice. The root of their concerns is the prospective nature of the existing remedy. Since antidumping duties are assessed only after a violation has been detected, dumping is essentially a risk-free, no-lose proposition, giving foreign exporters a free "first bite at the apple." The absence of monetary …

Introduction, George A. Bermann

Faculty Scholarship

As recent pages of this journal and and any other number of indicators would suggest, legal developments in the European Community (EC or Community) have sparked unprecedented interest on the part of the American legal profession. That this journal, five or ten years ago, would have devoted an entire issue to these developments, while not unimaginable, was unlikely. Today, however, changes in the world legal community's focus make the choice of topic seem quite obvious. The question now seems not to be whether or even when to address the Community, but rather what specific areas to address and how to …

Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson

UF Law Faculty Publications

This Article discusses the current administration of the U.S. antidumping and countervailing duty laws in proceedings involving products from Mexico. Specifically, this Article begins by providing an overview of the basic statutory and regulatory provisions of the U.S. antidumping duty law, emphasizing the application of certain provisions in cases involving imports from Mexico. The Article then focuses its discussion upon recent developments in the U.S. countervailing duty law that have had a unique effect upon Mexican exporters. The Article continues by highlighting the antidumping and countervailing duty provisions of the recently concluded U.S.-Canada Free Trade Agreement (the "FTA" or "Agreement"). …

Volume 16, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of Susan P. Hooker And T. Leslie Horswill, Discussion

Canada-United States Law Journal

No abstract provided.

Human Resources: A Comparative Look At The Legal And Tax Environment For Motivating And Compensating People In The United States And Canada (Esop's, Profit Sharing, Pensions And Other Fringe Benefits, Etc.)--Balance Sheet And Profit/Loss Sheet Effects Of, Donald A. Mcgrath

Canada-United States Law Journal

No abstract provided.

Legal Aspects Of The Utilization Of Human Resources In The Canada-U.S. Context: A Comparative Look At Hiring And Termination And Regulation Of The Workplace, David J. Millstone

Canada-United States Law Journal

No abstract provided.

Introduction And History Of The Canada-United States Law Institute, Sidney Picker Jr.

Canada-United States Law Journal

No abstract provided.

Canadian Immigration Law And Policy: A Study In Politics, Demographics And Economics, Ronald G. Atkey

Canada-United States Law Journal

No abstract provided.

Discussion After The Speeches Of William Napoli, Jr. And Donald A. Mcgrath, Discussion

Canada-United States Law Journal

No abstract provided.

Conference Opening, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.

Impact Of U.S. Immigration Law Based Upon International Business, Austin T. Fragomen

Canada-United States Law Journal

No abstract provided.