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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
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
* 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).


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