Showing papers in "Berkeley Journal of International Law in 1984"

ICSID Arbitration in Practice

Abstract: The International Centre for Settlement of Investment Disputes (ICSID) was created by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (hereinafter the Convention), which came into force on October 14, 1966.1 After a relatively slow start, ICSID activities have significantly increased in the last few years. Whereas only nine disputes had been submitted to ICSID before the end of 1980,2 five new arbitration proceedings3 and one conciliation proceeding 4 have been instituted since the beginning of 1981. ICSID membership has also changed, providing a new geographical dimension to the Convention's application. Over the years, commentators noted the limited participation of Arab countries and the total lack of par-

A Matter of Definition: Foreign and Domestic Taxpayers

Abstract: Nothing is more fundamental under the federal income tax system than determining whether an individual is a domestic or a foreign taxpayer. Accordingly, the statutory rules that determine when an alien individual is a resident of the United States are worthy of critical evaluation. Issues of U.S. residency, and the consequences thereof, also arise in the taxation of corporations, partnerships, trusts, and estates. Although inquiry into these definitional issues may generate more questions than answers, the constantly increasing levels of international trade and travel warrant the raising of such concerns at this time. It is useful-if not comforting-to remember that the difficulty encountered in distinguishing domestic taxpayers from foreign taxpayers is a difficulty that arises from the nature of our income tax system. There are those who believe that no Constitutional proscription and no rule of international law prohibit the United States from taxing all of the income of any taxpayer that it can reach.' Under this view, the federal government could adopt some variation of the unitary tax principle utilized by a dozen American states to reach the income of taxpayers throughout the world.2 For reasons of history, practicality, comity, and a visceral sense of fairness, the federal government has chosen not to do this. It is this decision, however, which creates the need to differentiate one class of taxpayer from the other. Once the decision to distinguish domestic taxpayers from foreign taxpayers is made, as it has been in virtually all of the nations of the world,

The Andean Common Market and the Importance of Effective Dispute Resolution Procedures

Abstract: The Andean Common Market (ANCOM) was created in the Cartagena Agreement,' through which five of the smaller members of the Latin American Free Trade Association (LAFTA)2 agreed to create a subregional common market. The purpose of the Agreement was "to promote a balanced and harmonious development of the Member States .. .through economic integration." 3 Thus, while economic development would be accelerated, the member countries intended to ensure that the benefits of that development would be equitably distributed. 4

Remedies under the U.N. Convention for the International Sale of Goods

Abstract: On September 21, 1983, President Reagan submitted to the United States Senate his recommendation that it give its advice and consent to the United Nations Convention for the International Sale of Goods (hereinafter the Convention).' This uniform law on international sales and contract formation will become effective once ratified by ten States.2 Six States have already ratified or acceded to the Convention, and five more, including the United States, are in the process of ratification. 3 The increasing likelihood of U.S. approval warrants a close examination of the provisions of the Convention. This Article examines how certain remedy provisions in the Convention differ from their counterparts in the Uniform Commercial Code (U.C.C.) and how American practitioners may compensate for those differences. After a brief discussion of the history of the Convention, and its scope of application, this Article discusses the remedy provisions concerning fundamental breach, the conformity of goods, seller's right of cure,

Extraterritorial Application of the Antifraud Provisions of the Securities Exchange Act of 1934

Abstract: Most of the judicial activity in the area of extraterritorial application of United States securities laws has been concerned with the application of antifraud provisions to the regulation of the affairs of foreign companies and individuals. Accordingly, this Article will focus on the application of the antifraud provisions of section 10(b) of the Securities Exchange Act of 1934, as amended (hereinafter the 1934 Act),' and Rule 1 Ob-5 promulgated thereunder.2 Since \"the starting point in every case involving construction of a statute is the language itself,\"'3 and \"an act of Congress ought never to be construed to violate the law of nations, if any other possible construction