TRANSNATIONAL LEGAL PROBLEMS MATERIALS AND TEXT SECOND EDITIONPDF电子书下载

PART ONE: TRANSNATIONAL PROBLEMS WITHIN NATIONAL LEGAL SYSTEMS 2

Chapter I. Some Responses of a National Legal System to Al-iens and Their Activities 2

A. Links of Individuals to Political Communities 2

B. Immigration and Deportation 18

C. Protection of the Alien Under National Law 38

D. Access of Aliens to Economic Activities 43

1. Restrictions in the United States 44

2. Problems in Identifying and Controlling the Foreign Corporation 69

3. Regulation of Foreign Investment in Some Foreign Countries 80

E. Choice of Law: The Role of a Personal Law for Individuals or Corporations 90

Chapter Ⅱ. Distribution of National Powers to Deal With Transnational Problems 101

A. Distribution of Powers Within the Federal Government 102

1. Powers of the Executive, Delegated and Inherent,and Control by Congress and the Courts 102

2. War Powers and Vietnam: Controversy over the Reach and Control of Executive Power 142

B. Foreign Affairs and Federalism 160

PART TWO: INTERNATIONAL LAW AND ITS RELATION-SHIP TO NATIONAL LEGAL SYSTEMS 177

Chapter Ⅲ. Distinctive Characteristics of the International Legal Process 177

A. Comparisons with Conceptions of Law and Legal Processin National Systems 177

B. International Tribunals 192

Chapter Ⅲ. Distinctive Characteristics of the International Legal Process—Continued 205

C. Protection by States of Their Nationals 205

1. Protection of Individuals 206

2. Protection of Corporations 222

3. Exhaustion of Local Remedies 243

D. The Processes by Which International Law Develops 248

1. The Role of Custom 250

2. The Role of Treaties 281

3. The Role of International Organizations 308

E. Conflict with National Law: The Concept of Domestic Jurisdiction 320

F. Contemporary Perspectives on International Law 328

Chapter Ⅳ. Development of an International Minimum Standard: The International Legal Process Illustrated 357

A. Introductory Notions 357

B. Protection of the Person 360

C. Expropriation of AlienOwned Property 408

1. The Consensus and the Challenge 414

2. Settlement of Some PostWar Disputes Substance and Techniques 432

3. Efforts to Develop a New Consensus 460

4. Efforts to Develop New Techniques to Enforce Standards or Settle Disputes 471

5. The Scope of Protection: Indirect or “Creeping”Expropriation 487

D. Disputes Over Concession Agreements 495

E. The Calvo Clause 522

Chapter Ⅴ. The Interpenetration of National and International Law 531

A. Customary International Law Before National Courts 531

B. International Agreements and National Law 553

1. The Constitutional Status of the Treaty 555

2. SelfExecuting Treaties 580

3. Executive Agreements 589

4. Contemporary CongressionalExecutive Tensions Over International Agreements 603

5. Treaty Interpretation by National Courts 610

C. Some Foreign Comparisons 621

D. National Legislation Based on Reciprocity 626

E. A Snapshot View of Chapters I to V 635

PART THREE: THE ROLE OF NATIONAL JUDICIARIES IN BUILDING A TRANSNATIONAL LEGAL SYSTEM 637

Chapter Ⅵ. Local Courts and Foreign Sovereignty: Jurisdic tional Immunities and the Act of State Doctrine 637

A. Immunity of Foreign Sovereigns from the Jurisdiction of Local Courts 637

B. The Act of State Doctrine 672

Chapter Ⅶ. Civil Actions in a Transnational Setting: Cooper ation and Conflict Among National Judiciaries 729

A. Jurisdiction to Adjudicate 729

1. Adjudicatory Jurisdiction in the United States 731

2. Adjudicatory Jurisdiction in Some European Countries 748

3. Service of Summons in Foreign Countries 755

B. Enforcement of ForeignCountry Money Judgments 759

1. Enforcement of SisterState Judgments in the United States 759

2. Enforcement of ForeignCountry Judgments in the United States 767

3. Enforcement of ForeignCountry Judgments in France 797

4. Enforcement of ForeignCountry Judgments in Germany 804

5. Cooperative Arrangements Through Treaties 807

C. The Utility of ChoiceofForum Clauses 809

D. International Commercial Arbitration 824

E. Obtaining Evidence Abroad for Use in Domestic Civil Litigation 835

PART FOUR: THE TRANSNATIONAL REACH OF NATIONAL LEGAL SYSTEMS 854

Chapter Ⅷ. The Transnational Reach of Criminal Legislation 854

A. The General Principles and Some Illustrations 856

B. International Cooperation in Controlling Criminal Conduct 894

C. An International Law of Crimes: From Nuremberg to Vietnam 903

Chapter Ⅸ. The Transnational Reach of Economic Regulation 932

A. Introductory Notions: The Utility of ChoiceofLaw Principles and Methodology 935

B. Welfare Legislation for Seamen 947

Chapter Ⅸ. The Transnational Reach of Economic Regulation—Continued 970

C. Maritime Labor Regulation 970

D. Antitrust Regulation 986

1. Problems in Determining the Reach of Antitrust Laws 987

2. Problems in the Enforcement Abroad of Antitrust Decrees of American Courts 1020

E. Securities Regulation 1047

F. Obtaining Evidence Abroad to Enforce Regulatory Legislation of a Transnational Reach 1074

Chapter Ⅹ. Transnational Aspects of Income Taxation 1086

A. Bases for Income Taxation 1087

1. The Basic Principles: Status and Source 1087

2. Some Abuses of the Status and Source Principlesand Legislative Reactions to Them 1106

B. Accommodation Among National Tax Systems: Unilateraland Bilateral Techniques 1119

1. The Foreign Tax Credit 1121

2. Tax Treaties 1128

PART FIVE:TRADE AND INVESTMENT IN THE WORLD COMMUNITY: LEGAL STRUCTURES, POLICY CONTEXT AND CASE STUDIES 1141

Chapter Ⅺ. The World Economic Environment: GATT and IMF 1141

A. Introduction: Models for Trade Regulation 1141

B. United States Legislation on Trade Barriers 1146

C. The General Agreement on Tariffs and Trade 1149

D. National Exchange Controls 1164

E. The International Monetary Fund 1168

Chapter Ⅻ. The Multinational Enterprise and International Business Transactions 1176

A. Perspectives upon the Multinational Enterprise 1176

B. International Business Transactions: Illustrative Problems and Case Studies 1189

1. The International Role of Counsel 1190

2. A Distributorship Agreement 1195

3. A Licensing Agreement 1209

4. The MNE and Conflicting Orders 1222

5. The International Joint Venture 1227

PART SIX: THE DEVELOPING PROCESSES OF INTERNATIONAL ORGANIZATIONS 1242

Chapter ⅩⅢ The European Economic Community （Common Market） 1242

A. Conspectus of the EEC Treaty 1243

B. Constitutional Issues and the Role of the Court of Justice 1268

1. Direct Applicability of Community Law 1270

2. The Use of Article 177 by National Courts 1280

3. Conflicts Between Community Law and National Constitutions 1293

4. Practice Under Articles 169 and 173 1311

C. The Structural Framework and Processes for the Development of Community Law 1324

1. The Free Movement of Workers and the Right of Establishment 1326

2. Community Antitrust Law 1342

Index 1421