California Western School of Law

Munson, Valerie J.

English

The Case Concerning United States Diplomatic and Consular Staff in Tehran

International Law Journal, California Western

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 11 SPRING 1981 NUMBER 2
CONTENTS
ARTICLES
The Rights of Newspaper Reporters
and the Public Welfare Standard in Japan
Elliott J H ahn ................................................ 189
The Japanese Constitution is recognized as one of the most liberal in the
world. Embodied in that document is a clause guaranteeing freedom of the
press, a freedom that is not absolute. Freedom of the press must be exercised
for and within the limits of the "public welfare." The Japanese Supreme Court
has consistently found this public welfare standard superior to the rights of
newspaper reporters. The author asserts this ranking of rights is consonant with
the social, legal, and historical development of Japan. Overall, the author con-
cludes, the Japanese Supreme Court has done well in allowing the rights of
reporters to be expanded while at the same time tempering them so as to main-
tain traditional Japanese values.
The Background and Significance of
Minute 261 of the International Boundary
and Water Commission
Stephen P. M umme ............................................ 223
Growing concern over the quantity and variety of pollutants affecting the
international waters between Mexico and the United States has prompted pas-
sage of a new resolution (Minute 261) of the International Boundary and Water
Commission. The Commission, an international organization composed of
Mexican and United States Sections, was created and granted its powers by the
1944 Water Treaty. The author of this article argues that the new Minute in-
creases the Commission's apolitical nature, and hence its effectiveness, by ex-
panding the Commission's powers and jurisdiction beyond those granted to it
by the Water Treaty. The implications of this new Minute are discussed in light
of the Commission's past practice and defined role under the Water Treaty.
A Comparative Study of Foreign Investment Laws
in Taiwan and China
Timothy Haosen Wan .......................................... 236
Foreign investment can be an expedient aid to the development of a host
nation, and attendant laws are a fundamental element of that process. The for-
eign investment laws of Taiwan are well established while those of China are
just emerging. China has recently enacted a law on joint ventures and regula-
tions on special economic zones, both of which are aimed at accomodating for-
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eign investment irrespective of national origin. Against an historical and
idealogical background, the author analyses the development of China's foreign
investment laws, asserting that a solid legal framework is indispensable if for-
eign investment is to benefit a developing economy. With Taiwan as a success-
ful example, incentives and assurances within a legal system are discussed as
being necessary to attract foreign investment. Although the development of
China's foreign investment law is confronted by difficulties, such as valuation of
realty in a socialist economy, the author concludes that the potential benefit to
both China and foreign concerns is likely to induce an attractive investment
climate in China.
COMMENTS
GATT and the Tokyo Round:
Legal Implications of the New Trade Agreement
N ada . Farless ............................................... 302
Immigration as an Intra-Company Transferee
and the Pitfall of the California Unitary Tax
Pam ela G. Papas .............................................. 326
The Effect of the Diplomatic Relations Act
Vincent P Belotsky, Jr ........................................ 354
BOOK REVIEW
Human Rights and World Public Order
by Myres S. McDougal, Harold D. Lasswell & Lung-chu Chen
Ronald Kirkemo .............................................. 377
BOOKS RECEIVED ............................................ 381
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CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 11 WINTER 1981 NUMBER 1
CONTENTS
ARTICLES
United States Recognition Policy:
The State of Vatican City
Samuel W Betlwy and Michael K. Sheehan ....................
The United States does not officially recognize Vatican City as a State
under international law. This article examines United States' relations with
Vatican City and questions why the United States has not officially recognized
Vatican City as a State. The authors analyze the requirements of statehood and
the concepts of recognition as applied to Vatican City. They then cogently as-
sert that in light of past United States practice, and contemporary international
developments, that the United States would be well advised to extend official
recognition to Vatican City. An attached appendix listing international docu-
ments to which the Vatican is a signatory provides an aid to further research, as
well as reflecting the involvement of the Vatican in the international commu-
nity.
The Termination of Representation Agreements:
The Application of Foreign Law and the
Concept of Abuso De Derecho
Thomas J Skola and Ron J Perey ............................. 32
This article, in a novel approach, focuses on the application of foreign law
to a legal action in a United States federal court, and the concept of abuso de
derecho in the termination of representation agreements. Based on a lawsuit
which resulted in an extrajudicial settlement, the authors argue in the context of
the case they present, that the "most significant relationship" test is to be ap-
plied to determine the choice of laws in this case. The article then shifts to a
discussion of abuso de derecho and provides the practicing international lawyer
with a valuable tool.
Freedom of Fishing in Decline:
The Fishery Conservation and Management Act of 1976
and the Implications for Japan
G. K evin Jones ................................................ 52
In March, 1977, the Fishery Conservation Management Act of 1976
(FCMA) became effective, thereby extending United States Fishery Manage-
ment authority to a zone of 200 miles. This extension of national jurisdiction
greatly affects Japan, a close United States ally and major maritime nation. As
a nation whose diet depends heavily upon fish, Japan relies on the fertile fishing
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grounds off the United States coast. This article examines the FCMA and the
implications of the Act for Japan. It concludes by asserting that despite the
close United States-Japanese friendship, nations will act in their own self inter-
est.
COMMENTS
The Foreign Corrupt Practices Act of 1977:
A Solution or a Problem?
Je feri H amilton ............................................... 111
The United States Claim to Wrangel Island:
The Dormancy Should End
D on Eric Salom ............................................... 140
BOOK REVIEWS
Foreign Policy By Congress
by Thomas M. Franck
and Edward Weisband
Harry H Almond, Jr. ......................................... 168
The State in Western Europe
edited by Richard Scase
Larry B. Kerfool .............................................. 182
BOOKS RECEIVED ............................................ 184
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Jones, G. Kevin

Freedom of Fishing in Decline: The Fishery Conservation and Management Act of 1976 and the Implications for Japan

Bettwy, Samuel W.

Sheehan, Michael K.

Unnited States Recognition Policy: The State of Vatican City

Schmidt, Terry L.

Closing the Barndoor: A Suggested United States Response to International Restrictions on Foreign Acquisition of Agricultural Land

Merrills, J. G.

The United Kingdom--France Continental Shelf Arbitration

Smith, Steven R.

Constitutional Privacy in Psychotherapy

Fingerman, Mark E.

Skyjacking and the Bonn Declaration of 1978: Sanctions Applicable to Recalcitrant Nations

Boyle, Francis A.

The Irrelevance of International Law: The Schism Between International Law and International Politics