Front Matter Source: The International Lawyer, Vol. 29, No. 4 (Winter 1995) Published by: American Bar Association Stable URL: http://www.jstor.org/stable/40691149 . Accessed: 16/06/2014 01:24 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 of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to The International Lawyer. http://www.jstor.org This content downloaded from 62.122.76.60 on Mon, 16 Jun 2014 01:24:02 AM All use subject to JSTOR Terms and Conditions
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Front MatterSource: The International Lawyer, Vol. 29, No. 4 (Winter 1995)Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/40691149 .
Accessed: 16/06/2014 01:24
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].
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American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to TheInternational Lawyer.
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Chair Michael D. Sandier, Foster, Pepper & Shefelman, 1111 Third Avenue, Suite 3400, Seattle, WA 98101
Chair Elect Lucinda A. Low, Miller & Chevalier, Metropolitan Square, 655 15th Street, NW, Suite 900, Washington, DC 20005-5701
Divisional Vice-Chairs General Division William M. Hannay, Schiff Hardin & Waite, 7200 Sears
Tower, Chicago, II 60606 Business Law Christopher R. Wall, Winthrop, Stimson, Putnam & Roberts,
1133 Connecticut Avenue, NW, Washington, DC 20036 Comparative Law Timothy L. Dickinson, Gibson, Dunn & Crutcher, 1050
Connecticut Avenue, NW, Suite 900, Washington, DC 20036
Public International Law Daniel B. Magraw, Office of General Counsel, International Activities Division, United States Environmental Protection Agency (2399), 401 M Street, SW, Washington, DC 20460
Government Affairs Officer Kenneth B. Reisenfeld, Haynes and Boone, L.L.P., 1225 Eye Street, NW, Eighth Floor, Washington, DC 20005-3914
Secretary Rona R. Mears, Haynes and Boone, L.L.P., 3100 NationsBank Plaza, 901 Main Street, Dallas, TX 75202-3789
Section Delegates to House of Delegates Charles N. Brower, White & Case, 1747 Pennsylvania
Avenue, NW, Washington, DC 20006 Gerold W. Libby, Whitman Breed Abbott & Morgan, 633
West Fifth Street, Los Angeles, CA 90071 Budget Officer Aileen Amarandos Pisciotta, Federal Communications
Commission, International Bureau, 8th Floor, 2000 M Street, NW, Washington, DC 20554
Development Officer Ulice Payne, Jr., Reinhart, Boerner, Van Deuren, Norris, & Rieselbach, S.C., 1000 North Water Street, Suite 2100, Milwaukee, WI 53202
Goal VIII Officer Nancy Israel, Hill & Barlow, One International Place, Boston, MA 02110
International Legal Scholar Peter D. Ehrenhaft, Bryan Cave, 700 13th Street, NW, Washington, DC 20005-3960
COUNCIL The Officers and The International Lawyer Editor-in-Chief Joseph J . Norton, Southern Methodist University , School Law ,
3315 Daniel Avenue, Dallas, TX 75275-0116 International Law News Editor-in-Chief Beth Van Hanswy k, Office of the General Counsel , U . S .
Department of Commerce, 14th Street & Constitution Avenue, NW, Room 5876, Washington, DC 20230
Publications Committee Chair ... John E. Noyes, California Western School of Law, 225 Cedar Street, San Diego, CA 92101
Program Committee Chair Valerie McNevin, 10042 Julian Court, Westminster, CO 80030
BOARD OF PROFESSIONAL EDITORS Joseph J. Norton Editor-in-Chief
SMU School of Law Centre for Commercial Law Studies (London)
Janet P. Balch Werner F. Ebke Christopher H. Hanna Executive Editor Associate Editor Associate Editor
SMU School of Law University of Konstanz, Germany SMU School of Law Ndiva Kofele-Kale Dana G. Nahlen Peter Winship Associate Editor Associate Editor Chair, Editorial Advisors
SMU School of Law Dallas, Texas SMU School of Law
Dolores McKnight Deidra Hall-Holmes Administrative Assistant ABA Managing Editor
Dallas, Texas Chicago, Illinois
SOUTHERN METHODIST UNIVERSITY SCHOOL OF LAW 1995-96 STUDENT EDITORIAL BOARD
Editor-in-Chief Jason Ning
Managing Editor Senior Articles Editor O. Bradley Cox Stefanie L. Cooper
Symposium Editor Comments Editor Cindy W. Andrew Ashley W. Warren
Citation Editors Ellen J. Breaux Peter Burroughs
Associate Symposium Editor Associate Comments Editors Victoria L. Fair Jenna D. Beller
Kelly Jude Hunt Articles Editors
Ellen E. Bush Christopher Mulligan Lawrence S. Hosmer Pennie Peck
Martin Jones Michael Skrehot Michael F. Meskill Rose Weiss
Staff Editors Michelle Brown Hendrik Jordaan Adam Mukamal James Etri Theresa Lewis William C. Murley Stephanie Gracia Lynley McAnalley Jodie Ousley Jim Hail Jana McBride Kenneth Phillips James Hamel Mari McGowan Yolanda M. Torres Daniel W. Koenig Boyd Mouse Christopher Willis
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The International Lawyer (ISSN 0020-7810) is the quarterly publication of the American Bar Association's Section of International Law and Practice (the Section). It has a worldwide circulation of more than 17,000 copies.
Publication Policy: The objective of The International Lawyer is • to publish high quality articles on international subjects; • to inform its readers of significant current legal developments throughout the world; • to foster and record the activities of the Section and its committees.
The Journal focuses on practical issues facing lawyers engaged in international practice. Thus, the editors are interested primarily in topics concerning trade, licensing, direct investment, finance, taxation, and litigation and dispute resolution. They will, however, also consider public international law topics.
Article Submission: Articles submitted for publication should not exceed 10,000 words (including endnotes). Text and endnotes should be double-spaced. Endnotes must conform to A Uniform System of Citation (15th ed.) (the Harvard Bluebook). The Journal does not accept unsolicited student- written submissions. Nor does it consider articles or reports that have been or are to be published elsewhere.
Send four copies of a manuscript to the Executive Editor, The International Lawyer, Southern Methodist University School of Law, P.O. Box 750116, Dallas, TX 75275-0116, [phone: 214/ 768-4077; fax: 214/768-4330; e-mail: [email protected]]. Manuscripts receive internal and exter- nal review, which usually takes about three weeks. Publication is normally nine to twelve months after a manuscript is accepted. The editors of The International Lawyer reserve the right to move an accepted manuscript from the committed issue to a later issue.
Manuscripts are submitted at the sender's risk. The editors do not return unsolicited material. Material accepted for publication becomes the property of the Section, which pays no fee for any manuscript.
Subscription Price: Section annual membership dues of $35.00 ($15.00 for law students) include a $12.00 subscription to The International Lawyer. The annual subscription rate for nonmem- bers is $35.00 ($50.00 if mailed outside the United States).
Reprint Permissions: Except as stated on the first page of specific articles, requests to reproduce any portion of this issue should be addressed to: Manager, Publication Policies and Contracting, American Bar Association, 750 North Lake Shore Drive, Chicago, IL 60611-4497 [phone: 312/ 988-6101; fax: 312/988-6281].
Order Information: Current issues may be purchased for $10.00 each, plus $3.95 for shipping and handling, from the American Bar Association, ABA Service Center, 541 N. Fairbanks Ct., Chicago, IL 6061 1 [phone: 312/988-5522; fax: 312/988-5568]. Back issues published two years ago and earlier may be purchased from Fred B. Rothman & Co. , 10368 West Centennial Road, Littleton, CO 80123.
Advertising: Address all advertising orders, contracts, and material to: Manager, ABA Press Advertising-PPM, 750 North Lake Shore Drive, Chicago, IL 60611-4497 [phone: 312/988-6056; fax: 312/988-6030].
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Copyright ® 1995 American Bar Association. All rights reserved. Produced by the ABA Press. Printed in the United States of America.
Nothing appearing in this Journal necessarily represents the opinions, views, or actions of the Ameri- can Bar Association unless the House of Delegates or the Board of Governors has first approved it. Neither does anything appearing in this journal necessarily represent the opinions, views, or actions of the Section or its Council unless the Section or its Council has approved it.
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UNDERSTANDING THE CISG IN THE USA by Joseph Lookofsky
The Convention on Contracts for the International Sale of Goods (CISG) establishes substantive new rules for interna- tional contracts. This book fills the need for a compact, yet informative, guide to the CISG. By comparison and contrast to the UCC, the author explains the CISG in terms familiar to American lawyers. 1995. Paper, ISBN 90-41 1-0956-0, $35.00
THE LEGAL AND PRACTICAL GUIDE TO THE USE OF THE ECU -Basic Work edited by ECU Institute
This title is a looseleaf publication covering the legal and economic aspects of the use of the ECU in the member states of the European Union. The Guide sets out the consequences of the choice of the ECU in financial, commercial and legal operations, in every member state. Each chapter, devoted to one of the member states, includes: (a) a general and practical presentation of the legal, economic and technical aspects of the use of the ECU in specific industries and transactions; (b) an economic analysis of the use of the ECU in such transactions; (c) a conclusion, foreseeing legal and technical prospects of monetary union. Updates will be published semi-annually. 1995. Looseleaf, ISBN 90-41 1-0859-9, $530.00
THE WORLD BANK IN A CHANGING WORLD Selected Essays and Lectures, Volume II edited by Ibrahim F.I. Shihata
The World Bank in a Changing World, Volume II, covers the various activities and roles performed by the World Bank and its affiliated agencies. It describes in detail how this group of institutions has emerged as a primary source of internation- al public policy far beyond what was originally envisaged by the drafters of their Articles of Agreement. 1995. Cloth, ISBN 90-411-0115-2, $274.00
INTERNATIONAL FORUM SELECTION by William W. Park
This book compares arbitration agreements with forum selection clauses that designate courts, and contrasts the rela- tive costs and benefits of each form of dispute resolution. It focuses on the way that international lawyers can enhance the reliability of their jurisdiction selection clauses and the enforcement of the resulting awards and judgments. It also includes analysis of national statutes, international treaties, court decisions and choice-of-law questions related to forum selection. 1995. Cloth, ISBN 90-6544-883-7, $122.00
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International Lami Reports E. Lauterpacht and C.J. Greenwood, Editors Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. Volume 100 and Volume 101 are the latest of these essential works of reference. Volume 100 49647-0 Hardback $135.00 Volume 101 49648-9 Hardback $135.00
Law, Violence, and Community in Classical Athens David Cohen Using comparative anthropological and historical perspectives, this analysis of the legal regulation of violence in Athenian society challenges traditional accounts of the development of the legal process. It examines theories of social conflict and the rule of law as well as actual litigation. Key Themes in Ancient History 38167-3 Hardback $54.95 38837-6 Paperback $18.95
The Legal Status of British Dependent Territories The West Indies and North Atlantic Region Elizabeth W. Davies Only six British dependent territories now remain in the West Indies and North Atlantic region. Case studies examine their legal, constitutional and practical relationships with the British government set against the territories' socio-economic, geographic and historic backgrounds. 48188-0 Hardback $89.95
The Return of Cultural Treasures Second Edition
Jeanette Greenfield Introduction by Magnus Magnusson "...a very valuable and important work.
[Greenfield] presents fully researched discussions of scores of cases argued over
many years concerning national requests for 'repatriation
* and 'return ' of art and
artifacts allegedly or manifestly illegally removed. The good index allows the book to be consulted for specific cases.
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- American Journal of Archaeology 47170-2 Hardback about $74.95 47746-8 Paperback about $27.95
Justice in Immigration Warren A. Schwartz, Editor This book is the first interdisciplinary study of the fundamental normative issues underpinning immigration policy. A distinguished group of economists, political scientists, and philosophers offer a stimulating and provocative discussion of this complex topic. Contributors: Joseph H. Carens, Jules L Coleman, Sarah Harding, James M. Buchanan, Jean Hampton, Stephen R. Perry, Louis Michael Seidman, Mark Tushnet, Alan O. Sykes, Jr., Gillian K. Hadfield, Susan Vroman, Michael J. Trebilcock
Cambridge Studies in Philosophy and Law 45288-0 Hardback $49.95
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Senior Lawyer - Appellate Body The World Trade Organization in Geneva is seeking a senior lawyer to work within a group which will provide administrative and legal support to the Appellate Body. The incumbent will act as senior legal adviser to the Director, will assist in supervising the work of the other lawyers in the group and prepare legal opinions and analyses of the WTO Agreements and dispute settlement procedures for the members of the Appellate Body. Candidates should have:
- An advanced university degree in law, specializing in public international law and international trade law; 15 years as a legal practitioner, including at least 10 years in international trade law; experience with international courts or other judicial or quasi-judicial bodies; excellent knowledge of economic and legal issues relating to the GATT and the WTO Agreement;
- Ability to work independently and to cooperate with others in a diverse international setting, and to direct the work of others.
Excellent knowledge of English or French is required. Additional languages, especially Spanish, would be an asset.
Terms of service are as per current United Nations conditions, including expatriate benefits. Candidates are invited to submit a curriculum vitae to, or contact for details and application form:
Director of Personnel WTO
Centre William Rappard Rue de Lausanne 154
1211 Geneva 21 Switzerland
Telephone: 41-22/739.57.02 Fax: 41-22/739.57.72
Applications should be received by 15 December 1995.
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Expert Material on War Crimes Tribunals And International Courts from the ABA Section of International Law and Practice
Report of the Task Force on an International Criminal Court of the American Bar Association
Should there be an international criminal court? If so, how should it be structured? Legal experts on international criminal law comment on the American Bar Association's Task Force Report on an International Criminal Court. Against the background of the UN decision to establish an international tribunal for the prosecu- tion of violators of international humanitarian law committed in the former Yugoslavia, the report explores the nature and structure of an international criminal court, its pre- trial procedures, and the enforcement of sanctions against persons convicted of crimes within the court' s jurisdiction. 1995, 112 pages
Report on the International Tribunal to Adjudicate War Crimes Committed in the Former Yugoslavia
This in-depth analysis of the Statute Creating an International Tribunal to Adjudicate Wai* Crimes Committed in the Former Yugoslavia was prepared by a Special ABA Task Force. The Task Force is comprised of leading members of the bar, including Legal Advisers to the State Department in the Ford and Carter administrations, former Cabinet members, former members of Congress, and eminent legal scholars and attorneys. After an overview of the Statute and a discussion of the lessons learned from the Nuremberg trials, the report analyzes the major issues raised by the Statute. Recognizing the precedential significance of the International Tribunal, the report makes recommen- dations concerning the crimes that should be subject to the Tribunal's jurisdiction, due process considerations, adequate protection for victims and witnesses, the structure of the Tribunal, and appropriate implementing legislation. 1993, 82 pages
Report on the Proposed Rules of Procedure and Evidence of the International Tribunal to Adjudicate War Crimes Committed in the Former Yugoslavia
As a follow up to the ABA's Report on the International Tribunal to Adjudicate War Crimes Committed in the Former Yugoslavia, this new report is designed to assist in the implementation of the Statute of the International Tribunal. The Statute and Rules together will allow the International Tribunal to function effectively and to serve as a model for future bodies of its kind. This new volume considers the U.S. pro- posal for Rules of Procedure and Evidence for the International Tribunal.
Part I includes the UN-drafted Rules of Procedure and Evidence, and Part II contains the U.S. Proposal for Rules of Procedure and Evidence. Part III of the report com- prises the ABA Task Force Report on the U.S. Proposal for Rules of Procedure and Evidence. The U.S. comments on the Rules adopted by the Tribunal make up Part IV.
1995, 192 pages
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ORDER FORM Report on the International Tribunal to Adjudicate Qty Amount War Crimes in the Former Yugoslavia (PC: 5210090)
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! i (iBlllllPl) Tht Changing Face of North Attrnca m thtGlohd Economy 5
j xSíí«jg?^ The New US Mexico Income Tax Trraly Overview and Analysis 46 j J D Ml mulGtof rry RPoàna ' mV^^^3 Clean Dynamks, Dirty Dynamics, «ndihe Economics of NAFTA M !
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nary approach to NAFTA and the drive for a hemispheric free trade zone. It offers expert analysis and insightful commentary on current events of interest to anyone who does business in North or South America.
ABA Section of International Law and Practice International Practitioners' Workshop Series
Volume IX (in conjunction with the 1995 Fall Meeting in San Francisco)
♦ Internet 101
A multimedia presentation on how to get on the Internet and use it for communication with clients and colleagues, marketing and
legal research around the world. Top experts on the Net share their secrets and show how to make the Internet work for you.
♦ How to Protect your Trademarks Internationally • Problems U.S. companies face in protecting trademarks outside the United States • Obtaining trademark registrations in multiple jurisdictions: the European
Community Trademark and the Madrid Protocol • Realities of obtaining European Union-wide trademark rights • Issues of trademark registration and enforcement in the Far East
♦ New Developments Relating to the Transborder Transfer of Data • Legal aspects of the international transfer of client information, internal marketing
data and other information • Recent developments under U.S. law • Data protection in Europe, the U.S. and selected other jurisdictions
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Prof. David E. Allan Gold Coast, Australia James R. Atwood Washington, D.C. Prof. Richard M. Buxbaum Berkeley, California Georges R. Delaume Washington, D.C. Sir Joseph Gold Washington, D.C. John L. Gornall, Jr. Atlanta, Georgia Dr. Christine Gray Oxford, England Prof. Robert E. Hudec Minneapolis, Minnesota
Stanley B. Lubman San Francisco, California Prof. Robert E. Lutz II Los Angeles, California Paul McCarthy Chicago, Illinois Ewell E. Murphy, Jr. Houston, Texas Richard C. Pugh San Diego, California William Dill Rogers Washington, D.C. Dean Jeswald W. Salacuse Medford, Massachusetts Prof. Marc I. Steinberg Dallas, Texas
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THE INTERNATIONAL LAWYER Winter 1995 Volume 29 Number 4
CONTENTS
In Memoriam: Kenneth R. Simmonds (1927-1995) Joseph J . Norton 727
International Securities Law Symposium Developments in International Securities
Law Enforcement and Regulation Michael D. Mann Joseph G. Mari George Lavdas 729
Oversight by the U.S. Securities and Exchange Commission of U.S. Securities Markets and Issues of Internationalization and Extraterritorial Jurisdiction 731
Judicial Proceedings Involving International Issues 755
International Agreements and Understandings for the Production of Information and Other Mutual Assistance 780
New Approaches to Securities Regulation 839
Bridging the GAAP: Accounting Standards for Foreign SEC Registrants Eric M. Sherbet 875
American Depositary Receipts Guy P. Lander 897
Comment The Law of Comparative Advertising in
the United States and Around the World: A Practical Guide for U.S. Lawyers and Their Clients Jenna D. Beller 917
Section Recommendation and Report Using Antitrust Laws to Enhance Access
of U.S. Firms to Foreign Markets 945
Index 959
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