Month: June 2024

This Note examines the development of judicial interpretation of the noncommercial torts exception, section 1605(a)(5) of the Foreign Sovereign Immunities Act of 1976 (FSIA), in United States law. The Note first traces the historical development of the doctrine of sovereign immunity to its statutory codification. Next, it identifies trends in the interpretation of the torts Read More …

This Note will first examine the general purpose of the Foreign Sovereign Immunities Act and attempt to ascertain the intended meaning of the direct effect clause. It will then compare and contrast the Nikkei court’s interpretation of the clause with the interpretations used in the other recent cases in the Southern District involving Nigerian cement Read More …

Part I of this Article reviews the position of these administrative agencies and of the courts that have agreed with them. Part II discusses the contrary position of the majority of the circuit courts. Part III examines the international law bases of the relevant statutory language. It will be demonstrated that legislative history, United States Read More …

In September 1969, the United States and the Congress of Micronesia’s Joint Committee on Future Status began their negotiations. This article will examine the negotiations which commenced in December 1972 and will concentrate on the three areas which were central points of discussion: the political relationships between the United States and the Northern Marianas; issues Read More …

The analysis contained in this article is divided into four parts. Part I will analyze the validity of the agreements under the law of treaties. Part II will discuss the power of the President to conclude these agreements. Part III will explore the various constitutional problems raised by requiring American claimants to seek binding third-party Read More …

Demonstrates that the Warsaw Convention, properly interpreted, creates a liability limitation which is legal and not contractual. The Convention’s limits apply, by its terms, to any cause of action arising out of injury in international air transportation regardless of whether it is founded in contract or in tort or in any other manner. Mark S. Read More …

The Independent Lawyers’ Association of Myanmar (ILAM) is an attempt to create an independent national bar association within Myanmar. ILAM is a product of efforts by international entities such as the International Bar Association (IBA) and domestic lawyers throughout Myanmar to form a nation-wide bar association that follows international ideas regarding a legal profession independent Read More …

While much of the scholarly attention devoted to lawyer regulation focuses on state or national actors, the impact of international lawyer organizations has been largely ignored. Increasingly, however, a number of such lawyer organizations influence the regulation of lawyers, including, inter alia, the International Bar Association (“IBA”), the Union Internationale des Avocats (“UIA”), the Council Read More …

In this Note, the history and reasons for proposing the Draft Directive are briefly discussed. The existing products liability laws in France, the Federal Republic of Germany and the United Kingdom are examined. The proposed Directive is analyzed in detail, and the effects of its adoption on the existing national systems are evaluated. Finally, the Read More …

This Note argues that because a significant portion of services are traded electronically, for example, via cable and satellite, any new agreement must encompass electronically-delivered services. Part I of this Note discusses the dispute in the international community over extending the GATT to cover services. Part II examines the problems posed by modern technology related Read More …