Date post: | 16-Jan-2017 |
Category: |
Documents |
Upload: | hoanghuong |
View: | 213 times |
Download: | 0 times |
Front MatterSource: The International Lawyer, Vol. 10, No. 1 (Winter 1976)Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/40704980 .
Accessed: 12/06/2014 11:46
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp
.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].
.
American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to TheInternational Lawyer.
http://www.jstor.org
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions
/';-=09 )(8* =-0/']
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions
SECTION OF INTERNATIONAL LAW 1975-1976
OFFICERS
Chairman Richard P. Brown, Jr., 2100 The Fidelity Building, Philadelphia, PA 19109
Chairman-Elect Richard C. Allison, 40 Wall, New York, NY 10005 Divisional Vice-Chairmen International Law Henry T. King, Jr., 23555 Euclid Avenue, Cleveland,
OH 44117
Comparative Law Don Wallace, Jr., Georgetown University Law Center, 600 New Jersey Avenue, NW, Washington, DC 20001
International Trade and Investment Law Leonard J. Theberge, 1529 Garrison Place, San Diego, CA
92106 International Organizations James C. Turtle, 3100 Big Beaver Road, Troy, MI 48084
Secretary Daniel R. Ferry, Suite 870, 1700 Pennsylvania Avenue, NW, Washington, DC 20006
Assistant Secretaries Robert S. Ryan, 1100 Philadelphia National Bank Building, Philadelphia, PA 19107
M. Sean McMillan, Suite 500, 1800 Century Park East, Los Angeles, CA 90067
Budget Officer Antonio R. Sarabia, Room 2400, 135 South La Salle Street, Chicago, IL 60603
COUNCIL
Ex Officio The Officers and Alwyn V. Freeman, Editor-in-Chief, The International Lawyer.
917 North Rexford Drive, Beverly Hills, CA 90210 David H. Sem mes, Editor-in-Chief, The International Law
News. 1054 31st Street, NW, Washington, DC 20007 Harry A. Inman, Section Delegate to House of Delegates, 1200
Seventeenth Street, NW, Washington, DC 20036 James T. Haight, Last Retiring Chairman, Worldway P.O. Box
92333, Los Angeles. CA 90009 For Term Ending
1976 Bruno V. Bitker, 700 North Water Street, Milwaukee, WI 53202 Lyon L. Brinsmade. 1100 Esperson Building, Houston, TX 77002 Beverly May Carl, Southern Methodist University Law School,
Dallas. TX 75222 For Term Ending
1977 Milo G. Coerper, One Farragut Square South, Washington, DC 20006
Edison W. Dick. 1700 Pennsylvania Avenue. NW, Washington. DC 20006
Peter CO. Schliesser, Grace Plaza, 1114 Avenue of the Americas. New York. NY 10036
For Term Ending 1978 John Norton Moore, Department of State, National Security
Council, Interagency Task Force on LOS, Washington, DC 20520
Walter D. Reed. Headquarters USAF/JAA. Washington. DC 20314
Glenn J. Sedam. Jr.. Suite 520. 1701 Pennsylvania Avenue, NW, Washington, DC 20006
For Term Ending 1979 Gerald Aksen, 140 West 51st Street. New York. NY 10022
Charles N. Brower, 1747 Pennsylvania Avenue, NW. Washington DC 20006
Arthur T. Downey. 6629 Thirty- First Street. NW. Washington. DC 20015
Law Student Division Representative Ronald H. Severaid. 226 Twelfth Street, SE. Washington. DC
20003 Young Lawyer
Representative Edward W. Hieronymus. 611 West 6th Street, Los Angeles, CA 90017
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions
The Section of International Law has published the Proceedings of the American Bar Association's National Institute on East-West Investment in the Winter issue of the International Lawyer. Additional copies of the Proceedings are available at a cost of $10 per copy by writing to the Circulation Department, American Bar Center, 1155 East 60th Street, Chicago, Illinois 60637.
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions
THE INTERNATIONAL LAWYER
Board of Editors
Editor-in-Chief Alwyn V. Freeman Beverly Hills, CA
Editor Emeritus Eberhard P. Deutsch
New Orleans, LA
Richard C. Allison New York, NY
Charles N. Brower Washington, DC
Beverly May Carl Dallas, TX
Max Chopnick New York, NY
Carl Q. Christol Los Angeles, CA
Victor C. Folsom Green Valley, AZ
Albert S. Golbert Los Angeles, CA
G. Winthrop Haight New York, NY
Harry Leroy Jones Washington, DC
Edward D. Re New York, NY
Don Wallace, Jr. Washington, DC
Richard Young Van Hornesville, NY
Ex Officio Richard P. Brown, Jr.
Section Chairman Philadelphia, PA
Leonard J. Theberge Chairman, Section Committee on Publications and Information San Diego, CA
Richard C. Allison Section Chairman-Elect New York, NY
James T. Haight Immediate Past Section Chairman Los Angeles, CA
Managing Editor Hope M. Bulger
American Bar Association Section of International Law
Correspondence, manuscripts, and books for review should be sent to: Alwyn V. Free- man, Esq., Editor-in-Chief, The International Lawyer, 917 North Rexford Drive, Bev- erly Hills, CA 90210. All notices on change of address or inquiries concerning missing or additional numbers may be sent to the Division of Legal Practice, American Bar Association, 1155 East 60th Street, Chicago, IL 60637. A Publication of the ABA Press.
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions
As a service to its members, the Section of International Law publishes in the Fall, Winter, Spring, and Summer The International Lawyer, a quarterly law journal devoted to practical problems of special interest to lawyers concerned with international foreign and comparative law.
A member of the American Bar Association may subscribe to The International Lawyer by joining the Section of International Law and paying its annual dues of $12.50 (which includes the $10.00 subscription rate). An attorney who is not a member of the Association and requests Section membership will be furnished an application for Association membership. Institutions and individuals not eligible for Association membership may subscribe to The International Lawyer for $20.00 per year. See last page for subscription rates, membership and order form.
Issues in volumes 1 through 8 are available through Fred B . Rothman & Co. , 57 Leuning Street, South Hackensack, NJ 07606.
Second-class postage paid at Chicago, Illinois.
The International Lawyer welcomes comments, notes of interest, letters to the editor, and submission of articles.
Manuscripts must be submitted in duplicate (with one typewritten original and one copy) prepared in standard typewriter (not script or all capitals) and must be double or triple spaced, including footnotes and any quoted or indented material.
Manuscripts are submitted at the sender's risk and The International Lawyer assumes no responsibility for the return of material. Material accepted for publication becomes the property of the Section of International Law of the American Bar Association. No compensation is paid for articles published and no article which has been accepted or published elsewhere will be considered.
Copyright © 1976 American Bar Association
Nothing herein contained shall be construed as representing the opinions, views, or actions of the American Bar Association unless the same shall have been first approved by the House of Delegates or the Board of Governors, or the Section of International Law of the Association unless first approved by the Section or its Council.
ii
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions
THE INTERNATIONAL LAWYER
Volume 10 January 1 976 Number 1
CONTENTS
PARTI EAST- WEST INVESTMENT: PROCEEDINGS OF THE
AMERICAN BAR ASSOCIATION NATIONAL INSTITUTE WASHINGTON, D.C. 1975
A. General Introduction
The Changing Economic and Legal Environment for East- West Investment Samuel Pisar 3
East- West Industrial Cooperation Contracts: Introductory Remarks Robert Herzstein 15
Industrial Contracts with the East Jeffrey M. Hertzfeld 17 Fundamentals of Negotiating
Cooperation Agreements Cornelius Pope 27 Questions and Answers Regarding
Industrial Cooperation Contracts 31
B. Joint Ventures
The Potential for Joint Ventures in Eastern Europe Robert I. Starr 35
Some Experiences of Occidental Petroleum in Negotiating Cooperation Agreements in the U.S.S.R Al Guffey 41
Joint Ventures in Yugoslavia James C. Conner 45 The Control Data Joint Venture in Romania David McElroy 55 Questions and Answers Regarding
Joint Ventures 59
iii
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions
iv CONTENTS
C. Financing
Financing Investment in the Eastern European Countries Dr. Istvan Salusinszky 65
Private Financing of East- West Trade and Investment James R. Greene 73
Eximbank Assistance to Trade and Investment in Eastern Europe Robert S. Rendell 79
OPIC Programs Supporting United States Investment in Eastern Europe James Oñutt 85
Questions and Answers Regarding Financing 89
D. Tax Aspects
Introductory Remarks Concerning Tax Treaties Robert Patrick, Jr. 93 United States Tax Aspects of East-West Investment Robert T. Cole 95
Host Country Tax Aspects of Joint Ventures and Other Ways of Doing Business with Soviet Bloc Countries and Yugoslavia Henry T. King, Jr. 101
E. Settlement of Investment Disputes
Introductory Remarks Concerning Arbitration in East- West Business Daniel D. Stein 1 15
Random Observations about Arbitration and East- West Investment Benjamin P. Fishburne III 119
Settlement of Investment Disputes in East- West Trade Howard M. Holtzmann 123
Questions and Answers Regarding Arbitration 133
PARTII Articles The Case of the Incidental Lobster:
United States Regulation of Foreign Harvesting of Continental Shelf Fishery Resources Eugene R. Fidell 135
Andean Common Market - Regulation of Foreign Investments: Blueprint for the Future? Antonio R. Zamora 153
Understanding the Mexican Attorney: Legal Education and the Practice of Law in Mexico Fred V. Perry 167
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions
Contents v
Current Notes and Comments Colombia's Tax Reform and Its Effect on
Foreign Businesses Dominic A. Perenzin 181
Judicial Decisions United States of America v. F/V Taiyo Maru; United States of America v. Masutoshi Kawaguchi, June 17, 1975 United States District Court, Southern District of Maine 189
Questions Concerning Western Sahara; Advisory Opinion of the International Court of Justice, 16 October 1975 199
Reports of Section Committee
Report of the Committee on International Economic Organizations Michael S. Shaw 205
Book Reviews Market Power and Its Control Under the Act Against Restraints on
Competition (Marktmacht und ihre Kontrolle nach dem Gesetz gegen Wettbewerbsbeschraenkungen) by Friedrich Kirschstein Robert A. Riegert 225
Gunboat Diplomacy by James Cable Alwyn V. Freeman 227
Books Received 229
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions
STATEMENT OF OWNERSHIP, MANAGEMENT AND CIRCULATION
(Act of August 12, 1970; Section 3685, Title 39, Unites States Code)
1. Title of Publication: The International Lawyer 2. Date of Filing: October 1, 1975 3. Frequency of Issue: Quarterly 4. Location of known office of Publication: American Bar Association, 1155 E.
60th Street, Chicago, II. 60637 5. Location of the Headquarters of the Publisher: American Bar Association,
1155 E. 60th Street, Chicago, II. 60637 6. Publisher: American Bar Association, 1155 E. 60th Street, Chicago, IL
60637 Editor: Alwyn V. Freeman, 917 N. Rexford Drive, Beverly Hills, CA 90210 Managing Editor: Hope M. Bulger, 1155 E. 60th Street, Chicago, IL 60637
7. Owner: American Bar Association, 1155 E. 60th Street, Chicago, IL 60637 8. Known bondholders, mortgagees, and other security holders: None
Average no. of Actual no. copies copies each issue of single issue during preceding published nearest
Extent and nature of circulation twelve months to filing date a. Total no. copies printed 8,275 9,500 b. Paid circulation
1. Sales through dealers and carriers, street vendors and counter sales 0
2. Mail subscriptions 6,825 5,903 c. Total paid circulation 6,825 5,903 d. Free distribution by mail,
carrier or other means 1. Samples, complimentary,
and other copies 131 83 2. Copies distributed to news
agents, but not sold 0 0 e. Total distribution 6,955 5,986 f. Office use, left-over,
unaccounted, spoiled after printing 1,320 3,514
g. Total 8,275 9,500
I certify that the statements made by me above are correct and complete.
October 1 , 1975 MERRITT CORNETT
vii
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions
East- West Investment: Proceedings of the
American Bar Association National Institute Washington, D.C.
1975
This content downloaded from 195.34.78.191 on Thu, 12 Jun 2014 11:46:05 AMAll use subject to JSTOR Terms and Conditions