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Front Matter Source: The International Lawyer, Vol. 19, No. 4 (Fall 1985) Published by: American Bar Association Stable URL: http://www.jstor.org/stable/40705675 . Accessed: 14/06/2014 16:21 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 188.72.126.47 on Sat, 14 Jun 2014 16:21:58 PM All use subject to JSTOR Terms and Conditions
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Front MatterSource: The International Lawyer, Vol. 19, No. 4 (Fall 1985)Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/40705675 .

Accessed: 14/06/2014 16:21

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

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SECTION OF INTERNATIONAL LAW AND PRACTICE 1985-86

OFFICERS Chairman Arthur W. Rovine, Baker & McKenzie, 805 Third Ave., New York,

NY 10022 Chairman-Elect Robert S. Rende 11, Johnson & Swanson, Founders Square, 900 Jack-

son St., Dallas, TX 75202 Divisional Vice-Chairmen

General Division Joseph P. Griffin, Wald, Harkrader & Ross, 1300 19th St., NW, Washington, DC 20036

Business Law Steven C. Nelson, 4824 IDS Center, Minneapolis, MN 55402 Comparative Law James R. Silkenat, International Finance Corporation, Room 1-12-

146, 1818 H St., NW, Washington, DC 20433 Public International Law Louis B. Sohn, University of Georgia School of Law, Athens, G A

30602 Secretary Shelly P. Battram, Reynolds, Beeby, Magnuson & Kenny, P.C., 23rd

Fir., 100 Renaissance Center, Detroit, MI 48243 Assistant Secretaries Abigail T. Reardon, Baker & McKenzie, 805 Third Ave., New York,

NY 10022 Kenneth B. Reisenfeld, Miller & Chevalier, Chartered, Metropolitan

Square, 655 15th St., NW, Washington, DC 20005 Budget Officer Glenn J. Sedam, Sedam & Herge, 8300 Greensboro Dr. , McLean, VA

22102

COUNCIL Ex Officio The Officers and

Mont P. Hoyt, Immediate Past Chairman, Baker & Botts, 3000 One Shell Plaza, Houston, TX 77002

Robert E. Lutz, Editor-in-Chief, The International Lawyer, South- western University, School of Law, 675 S. Westmoreland Ave., Room 324, Los Angeles, CA 90005

Gerold W. Libby , Editor-in-Chief, The International Law News, Whit- man & Ransom, Ste. 2300, 444 S. Flower St., Los Angeles, CA 90071

Roger W. Rosendahl, Publications Committee Chairman, Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, Ste. 3210, 700 S. Flower St., Los Angeles, CA 90017

Gerald Aksen, Delegate to the House of Delegates, Reid & Priest, 40 W. 57th St., 25th Fît., New York, NY 10019

For Term Ending 1986 Peter D. Ehrenhaft, Bryan, Cave, McPheeters & McRoberts, Ste.

1000, 1015 15th St., NW, Washington, DC 20005 Barry M. Fisher, Goodman & Carr, 2300 Sun Life Centre, 200 King

St. West, Toronto, Ontario, M5H 1B7, Canada William L. Howland, Bannon, Howland, McCurdy, Dever &

Mehran, 325 Masonic Bldg., Portsmouth, OH 45662 Stephen C. McCaffrey, Office of Legal Adviser, U.S. Dept. of State,

Washington, DC 20520 For Term Ending

1987 Catherine E. Bocskor, Bocskor & Newdelman, 1101 14th St., NW, Washington, DC 20005

Ronald Wellington Brown, ITT Corporation, 320 Park Ave., New York, NY 10022

Richard Mosk, Mitchell, Silberberg, Knupp, 11377 W. Olympic Blvd., Los Angeles, CA 90064

John M. Stephenson, Jr., Johnson & Swanson, 4800 InterFirst Two, 1201 Elm St., Dallas, TX 75270

For Term Ending 1988 Anthony D'Amato, Northwestern University School of Law, 357 E.

Chicago Ave., Chicago, IL 60611 Mark B. Feldman, Donovan, Leisure, Newton & Irvine, Ste. 1200,

1850 K St., NW, Washington, DC 20006 John B. Houck, Jones, Day, Reavis & Pogue, 2029 Century Park East,

Ste. 3600, Las Angeles, CA 90067 Homer E. Moyer, Jr., Miller & Chevalier, Metropolitan Square, 655

15th St., NW, 9th Hr., Washington, DC 20005 Young Lawyers Division

Representative J. Michael Shepherd, U.S. Dept. of Justice, Room 4258, 10th & Pennsylvania Ave., NW, Washington, DC 20530

Law Student Division Representative Norman R. Gritsch, 26005-A Alizia Canyon, Calabasas, CA 91302

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THE INTERNATIONAL LAWYER

Editor -in- Chief Robert E. Lutz

Los Angeles, California

Associate Editor Daniel B . Magraw Boulder, Colorado

Research Assistants Darryl C. Borenkoff

Eric P. Israel Wean Khing Wong

Secretarial Assistant Susanne Williams

Editorial Administrator Margarita E. Urrutia-Lutz

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FORM AND POLICY The International Lawyer welcomes comments, notes of interest, letters to the editor, and submission of articles. Correspondence and manuscripts (in triplicate) should be sent to: Professor Robert E. Lutz, Southwestern University School of Law, 675 South Westmoreland Avenue, Room 324, Los Angeles, CA 90005. Manuscripts should be typed in triplicate, double or triple spaced with footnotes double spaced. Footnotes should follow the form set out in A Uniform System of Citation (the former Harvard Bluebook) and should appear at the end of the material.

The International Lawyer is primarily interested in practical issues facing lawyers engaged in an international practice. While not inflexible on this point, we are less likely to publish material which does not fit this rubric.

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 prop- erty of the Section of International Law and Practice 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.

The International Lawyer (ISSN 0020-7810) is a quarterly publication of the Section of International Law and Practice of the American Bar Association and is concerned mainly with practical issues facing lawyers engaged in an international practice.

A member of the American Bar Association may subscribe to The International Lawyer by joining the Section of International Law and Practice and paying its annual dues of $20.00 (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 sub- scribe to The International Lawyer for $22.00 per year. POSTMASTER: Send address changes to The International Lawyer, American Bar Association, 750 N. Lake Shore Drive, Chicago, Illinois 60611.

Volumes 1 through 17 are available through Fred. B. Rothman & Co., 10368 West Centen- nial Road, Littleton, CO 80127; all other volumes are available through the Circulation Dept. , American Bar Association, 750 N. Lake Shore Drive, Chicago, Illinois 60611.

Advertising materials, space reservations, insertion orders, and correspondence regarding advertising should be sent to Nora Whitford, ABA Publications Planning & Marketing, 750 N. Lake Shore Drive, Chicago, IL 60611, (312) 988-6056. International advertising representa- tives: The Pattis Group. East & Southeast, 1 Park Avenue, New York, NY 10016, (212) 686-8400; Central, 4761 Touhy Avenue, Lincolnwood, IL 60646, (312) 679-1100; West, 1800 N. Highland Avenue, Hollywood, CA 90028, (213) 462-2700; Canada, 501 Eglinton Avenue East, Suite 202, Toronto, Ontario M4P 1N4, (416) 482-6288; United Kingdom & Europe, 33A Station Road, North Harrow, Middlesex HA2 7SU England, (01) 427-9000.

Second-class postage paid at Chicago, Illinois, and additional mailing offices.

Copyright © 1986 American Bar Association Produced by the ABA Press

Nothing appearing in this Journal necessarily represents the opinions, views, or actions of the American Bar Association unless the House of Delegates or the Board of Governors has first approved it, nor shall anything appearing in this publication necessarily represent the opinion, views, or actions of the Section or its Council unless the Section or its Council has approved it.

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INTERNATIONAL BUSINESS & TRADE LAW REPORTER

'MTW^A^OttA/lRW9S^M "The Reporter is a valuable and ^^^^^^^^^^^^ S handy source of important international ^^T^T^^T^T

l'" 'M commercial and trade law materials not

'*~~ 'M otherwise readily available." " - ' ~" """«.- 'M Douglas E. Rosenthal, Esq.

' „ „ "j* ' V Sutherland, Asbill & Brennan ' ' v i, ' M Washington, D.C.

. - . ' V " «'V * 'M "IBTLR is an extremely useful practice * ' ; J" 'M aid. I /lave /ound the Reporter's fuH- ^ '^__ - ^^Ä text reproductions o/ briefs, pleadings *_^ ^aiui ot'ier fitigßtion materials to be a

^ unique and valuable service." William E. Perry, Esq., International Trade Attorney, U.S. Government

(jfuided by a distinguished Board of Editors and Advisors, International Business & Trade Law Reporter consistently offers:

■ Authoritative and practical articles ■ Briefs and pleadings by leading law firms ■ Insightful commentaries ■ Analytical summaries of important decisions ■ International business and legal developments ■ Legislative and regulatory materials

tach bi-monthly issue of the Reporter contains over 250 pages of carefully chosen information- information that affords readers a significant tactical advantage in business planning and litigation.

Decause we are confident that International Business & Trade Law Reporter will become an essential part of your professional library, we would like to offer you a full year subscription at a special introductory rate of $495 (10% off regular $550 price). For an extra 5% off (total price $467.50), just enclose payment with your order. Included in the subscription price are an annual index to material contained in the Reporter and handsome binders which provide ready access to past and current issues.

D Please bill me $495 for a one year subscription to International Business & Trade Law Reporter.

D My check for $467.50 is enclosed. If I am not completely satisfied, I will return the first issue to you within 30 days and receive a complete refund.

Name Firm Address City State Zip 1 lease make checks payable to International Business & Trade Law Reporter, The Atlantic Building, 930 F Street, N.W., Suite 617, Washington, D.C. U.S.A. 20004 (202) 393-1199. Non-U.S. subscriptions may require an additional postage charge.

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Valuable New "How To" Book for the Practitioner From the Section of International Law and Practice

JOINT VENTURING ABROAD: A Case Study Edited by: David N. Goldsweig

As the joint venture becomes a favored and necessary medium for doing business abroad, lawyers need a comprehensive understanding of the fundamentals and laws involved. This new book is based on an ABA National Institute sponsored by the Section of International Law and Practice.

It leads the practitioner step-by-step through the procedures necessary to form a joint venture abroad. Part I consists of a complete set of hypothetical joint ven- ture documents and contracts - adaptable for almost any country - which are analyzed systematically in Part II. Part II includes chapters on the following: • Host Country Regulation of Joint Ventures and Foreign Investment • Financing the Joint Venture • Funding of International Joint Ventures: The Role of Multilateral

Development Institutions • Tax Considerations of Joint Venturing • Supply-Purchase Agreements • Transfer of Technology, Product Liability, and Trademark Licensing • Arbitration and Other Means of Dispute Settlement, Law to Govern,

and Venue • Countertrade as a Quid Pro Quo for Host Government Approval • Antitrust Considerations of Joint Venturing Abroad • United States Foreign Corrupt Practices and Anti-Boycott Legislation • Political Risk Insurance • Obtaining Government Approvals 312 pp. June, 1985 Paper ISBN: 0-89707-175-1 LC: 85-71148

ORDER FORM Please send me copies of Joint Venturing Abroad: A Case $ Study (PC: 521-0036-05) @ $25 per copy. Handling $ $2.00

TOTAL $ □ Check enclosed □ Charge to VISA MAIL FORM TO: Mastercard

Order Fulfillment 521 . American Bar Association Account Number 750 N. Lake Shore Drive ^ Chicago, Illinois 6061 1 Expiration

^ Date

Please allow 4-6 weeks Signature (credit card orders only) for delivery.

Name

Address

City /State /Zip ~~~~

Telephone

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Read ^^^^^^

International Lawyers' Newsletter and find the world of practical international legal news in your hands. The International Lawyers' Newsletter ¡s a unique periodical of practical information directed to the interest of international business lawyers. Exchange of information among active attorney's is its primary purpose. The International Lawyers' Newsletter is written by active business lawyers, so that ILN reflects the real world of front-line legal practice. The International Lawyers' Newsletter puts the practitioner in touch with what is happening in private international law today, worldwide. Articles focus on the basic issues of recurring legal problems as well as on specialty areas. The perspective is that of first-hand experience . . . checklists, contract clauses, reports on new foreign statutes, technology sales and transfers, software licensing and customs duties, opening branch offices, project contracting, labor laws, insurance, taxation, agency and distributorship agreements, choosing foreign legal counsel, trademarks, assets jurisdiction, new developments in Asia, Africa, the Mid-East, South and Central America, as well as the EEC and the US ... and much more. The ILN also offers business travel tips, salary surveys, a calendar of upcoming international conferences, reviews of new publications and products of relevance, and other news of use to the lawyer. A listing of current job openings for international lawyers, both domestic and overseas assignments, is a regular feature. Subscription price is $67.50 for one year (6 issues).

r - - - ___-_.,

I Yes! Please send me a free sample issue of the International Lawyers' Newsletter. | I Name | I Address | I City State/Zip | | Return this form to: Or call: (61 7) 749-5262 | I wmgi Kluwer Law and Taxation Publishers | | r* 19° Old Derby Street, Hingham, MA 02043 i

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STATEMENT OF OWNERSHIP, MANAGEMENT AND CIRCULATION

(Required by 39 U.S.C. 3685) 1. Title of Publication: The International Lawyer 2. Date of Filing: September 27, 1985 3. Frequency of Issue: Quarterly 4. Location of known office of Publication: American Bar Association, 750 N.

Lake Shore Dr., Chicago, IL 60611 5. Location of the Headquarters of the Publisher: American Bar Association,

750 N. Lake Shore Dr., Chicago, IL 60611 6. Publisher: American Bar Association

Editor: Professor Robert E. Lutz, Southwestern University School of Law, 675 So. Westmoreland Ave., Los Angeles, CA 90005

7. Owner: American Bar Association 8. Known bondholders, mortgages, and other security holders: None

Average no. of Actual no. copies each issue copies of

Extent and nature of during preceding single issue circulation twelve months nearest to

filing date a. Total no. copies printed 14,124 13,788 b. Paid circulation

1. Sales through dealers and carriers, street vendors and counter sales -0- -0-

2. Mail subscription 10,058 9,806 c. Total paid circulation 10,058 9,806 d. Free distribution by mail,

carrier or other means, samples, complimentary, and other free copies 2,653 2,479

e. Total distribution 12,711 12,285 f . Copies not distributed

1. Office use, left over, unaccounted, spoiled after printing 1,413 1,503

2. Returns from news agents -0- -0-

g. Total 14,124 13,788

I certify that the statements made by me above are correct and complete. September 27, 1985 Ronald F. Kadlec

ix

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BOARD OF EDITORIAL ADVISORS

Robert E. Lutz Chairman

Los Angeles, California

James R. Atwood Washington, D.C. The Hon. Warren Christopher Los Angeles, California Professor Lori F. Damrosch New York, New York

Sir Joseph Gold Washington, D.C. Stanley B. Lubman San Francisco, California Paul McCarthy Chicago, Illinois

Ewell E. Murphy, Jr. Houston, Texas Richard C. Pugh New York, New York William Dill Rogers Washington, D.C. John R. Stevenson New York, New York The Hon. Cyrus R. Vance New York, New York Professor Peter Winship Dallas, Texas

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THE INTERNATIONAL LAWYER

Fall 1985 Volume 19 Number 4

CONTENTS

Page This Issue Robert E. Lutz xv

Symposium: Comparative Banking Law The Regulation and Supervision of International

Lending: Part I Connie M. Friesen 1059 National Banking Laws Governing the Rights

and Responsibilities of Non-resident Depositors Edward R. Leahy

Mark D. Davis 1119

Articles United States Recognition of Foreign

Bankruptcies Barbara K. Unger 1153 Antitrust Jurisdiction, Extraterritorial Conduct

and Interest-Balancing Michael Senne« Andrew I. Gavil 1185

Private Enterprise in China: The Developing Law of Collective Enterprises Howard Chao

Yang Xiaoping 1215 The Foreign Tax Credit Limitation:

An Analysis of the President's Tax Proposals Richard C. Pugh

Samuel Y. Sessions 1239

Short Articles, Comments and Casenotes Settlement of EEC Antidumping Proceedings . . Daniel B. Silver

George L. Bustin 1273 Malcolm R. Wilkey: Jurist and Scholar Harold Hongju Koh 1289 Reporting Requirements for U.S. Corporations:

The International Investment and Trade in Services Survey Act Philip R. Weems 1293

xi

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xii CONTENTS

The ALADI Treaty and Letter of Credit Transactions in Latin America Ron H. Flax-Davidson 1303

Antarctica Adjourned? The U.N. Deliberations on Antarctica Stephan Eilers 1309

Current Developments Import Law and Policy Series: Review and Revocation of Antidumping and

Countervailing Duty Orders Judith Hippler Bello Alan F. Holmer 1319

International Communications Law, Part I: Maitland Commission, Economic Development, and the United States Ford Rowan

Barbara L. Waite 1339 The Elimination of Torture: International

and Domestic Developments Paul L. Hoffman Linda Willett Brackins 1351

Bibliography Selected Readings on Foreign and International

Law Earl Weisbaum 1365 Law Relating to Outer Space:

A Bibliography - Part I Daniel B. Magraw Theresa Ketler 1391

Provisional Remedies in International Litigation: A Comprehensive Bibliography Douglas Reichert 1429

A Selected Bibliography on Hazardous Activities, Technology and the Law: Bhopal and Beyond David L. McFadden 1459

Books Recently Received Editor 1477

Book Reviews Contractual Adaptation and Conflict Resolution,

by Martin Bartels J. Gillis Wetter 1479 Survey of International Arbitration Sites,

by The American Arbitration Association . . Francis J. Higgins 1481 Dispute Resolution in Australia-Japan Transactions,

by Michael Pryles and Kazuo Iwasaki . . Michael Marks Cohen 1483 International Law and the New States of Africa,

by Yilma Makonnen Mark W. Janis 1485

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CONTENTS xiii

Proceedings of the 27th Colloquium on the Law of Outer Space, compiled by The International Institute of Space Law of the International Astronautical Federation 1486

Astrobusiness: A Guide to the Commerce and Law of Outer Space by Edward R. Finch, Jr. and Amanda L. Moore Edward S. Binkowski 1486

EEC Brief, by Gregg Mules Joseph P. Griffin 1489 The Iran-United States Claims Tribunal,

edited by Richard B. Lillich Wayne H. Rusch 1491

Doing Business in Canada, by Stikeman, Elliott Shelly P. Battram

Barry M. Fisher 1493 India: Limited Avenues to an Unlimited Market,

by Business International 1498 Business Collaborations in India,

by H. P. Agrawal (plus a supplement, Investment Guidelines for Indians Abroad) 1498

Investing in India: A Guide to Entrepreneurs, by Indian Investment Centre Daniel B. Magraw 1498

Business Transactions in Germany (FRG), edited by Bernd Rüster Robert E. Lutz 1503

Index to Volume 19, Compiled by Linda A. Whisman 1507

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SYMPOSIUM

COMPARATIVE BANKING LAW

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