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15 Law & Pol'y Int'l Bus. 1147 (1983)
Conflicts of Jurisdiction and the Draft Restatement

handle is hein.journals/geojintl15 and id is 1181 raw text is: CONFLICTS OF JURISDICTION AND THE DRAFT RESTATEMENT DAVIS R. ROBINSON* Before turning to the subject matter of this symposium, this paper will touch on terminology. Although extraterritoriality is the word traditionally used, especially by those critical of a particular exercise of jurisdiction, the term is not conducive to dispassionate analysis. The phrase conflicts ofjurisdiction, which is both neutral and suggestive of the many different factual situations and legal principles that the subject may encompass, is preferable. In addi- tion, the phrase suggests an analogue to the field of conflict of laws, in which a court or other government institution faces the necessity of choosing among competing legal principles or systems. In the words of the Deputy Secretary of the U.S. Department of State, Kenneth Dam, the area of conficts of jurisdiction lies at the intersection of law and diplomacy. Nowhere was this more clearly illustrated than in the controversy over the Polish sanctions. In response to the serious foreign policy crisis created by the Soviet- backed declaration of martial law in Poland, the United States con- cluded that decisive action was necessary to make the Soviet Union understand that its conduct was not acceptable. I The chosen action was an attempt to block the use of U.S. equipment and technology in the construction of the gas pipeline between Siberia and Western Europe. * Legal Advisor, United States Department of State. 1. See Soviet Involvement in Poland, Statement on U.S. Measures Taken Against the Soviet Union, December 29, 1981, 17 WEEKLY COMP. PRES. Doc. 1429 (Jan. 4, 1982). U.S. sanctions against the Soviets included both non-trade and trade measures. Id. at 1430. Non-trade sanctions included suspension of Soviet Aeroflot airline flights into the U.S.; the closing of the Soviet Purchase Commission; postponement of negotiations on a new long-term grain agreement; and non-renewal of U.S.-Soviet exchange agreements, such as those for science, technology and energy. Id. Trade sanctions were implemented on December 30, 1981 by the Commerce Department in two regulations. The first regulation expanded the existing oil and gas controls to encompass goods and technology for the transportation, exploration and production of petroleum and natural gas. 15 C.F.R. §S 379, 385, 399 (1982). The second regulation suspended the processing of all validated license applications for all exports to the Soviet Union. 15 C.F.R. S 390 (1982). 1147

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