About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

15 Int'l L. News 1 (1986)

handle is hein.journals/inrnlwnw15 and id is 1 raw text is: INTERNATIONAL

Vol. 15, No. 1

0 Winter 1986

W~       Seto of Ineraioa La and Prcie Amria Ba Asocato  I

Chairman's Column*
In the Summer 1985 issue of
the International Law News
(Vol. 14, No. 3), Mont Hoyt's
Chairman's Column described
in detail the work and schedule
remaining for final action on the
Revised Restatement of the
Foreign Relations Law of the
United States. The Column
pointed to the outstanding work
done by the Reporters, and indi-
cated as well certain controver-  Arthur W. Rovine
sial areas in the draft text.     Chairman
Section members were urged to participate in the continuing
effort to resolve the principal outstanding controversies. As
Mont noted, a period until December 2, 1985 was afforded
by the American Law Institute for submission of comments
and suggestions for amendment of the text. The final efforts
are now underway by the Reporters and the ALl Council to
finalize the text.
There is one aspect of the draft Restatement upon which I
should like to comment here. One of the central international
legal matters of interest to the Section in recent years has
been the reaffirmation by international tribunals of the tradi-
tional international law standard requiring that full compen-
sation be paid to a foreign investor whose property has been
expropriated. Tribunals such as the Iran-U.S. Claims Tribu-
nal at the Hague and several other international legal tribu-
nals have confirmed the traditional rule in terms that leave
little, if any, legal room for the non-international law and
discretionary approaches set forth in certain U.N. General
Assembly Resolutions.
The Section has therefore viewed with some concern the
text of § 712 of the new draft Restatement. The draft prefers
the term just compensation to prompt, adequate, and
effective, but defines the term just in a manner which
makes it indistinguishable from the traditional international
law standard. So far so good. However, the text of § 712
requires just compensation in the absence of exceptional
circumstances. The latter phrase is not defined or limited in
any fashion, and the sole example provided of such excep-
tional circumstances is a program of agricultural land reform.
It is clear from the wording of the black letter rule, Com-
ments, and Reporters' Notes that land reform is not intended
by the Reporters to be the sole exceptional circumstance.

Section Holds
Winter Meeting
In Miami
This year's Winter Meeting of the Section was held in
Miami, from December 6 through 8. In keeping with past
practices, the Meeting was held in cooperation with a local
bar association, in this case the International Law Section of
the Florida Bar Association.
International trade was the subject receiving most atten-
tion at the meeting. In a keynote luncheon address Sam M.
Gibbons, Chairman of the House Ways and Means Subcom-
mittee on Trade, commented on possible Federal legislation
in the trade area, and analyzed the reasons behind the
current U.S. trade deficit in general. Representative Gibbons
was introduced by the Hon. Reubin Askew, former U.S.
Trade Representative and former Governor of Florida. In
addition, Xavier Suarez, Mayor of the City of Miami, spoke
of Miami's role in international trade. There followed two
panel discussions, one concerning trade and international
finance, and the other concerning U.S. restrictions on
imports.
A highlight of the Meeting was the presentation of the
Leonard J. Theberge Prize for Private International Law to
Professor John 0. Honnold of the University of Pennsylvania
Law School. Professor Honnold was given this award, named
in honor of former Section Chairman Theberge, in recogni-
tion of his contributions to the unification and harmonization
of the law of international trade, notably in his capacity as
Chief of the International Trade Law Branch of the United
Nations Office of Legal Counsel, as well as numerous other
contributions in the development of private international law.
Past recipients of this annual award of the Section have been
attorney Philip W. Amram, Ambassador Richard D. Kear-
ney, and Professor Willis L. M. Reese.
The Section's Council acted on a number of matters. First,
it adopted a resolution recognizing the need to renegotiate
extradition treaties so as to exclude acts of terrorist violence
from application of the political offense exception, and spe-
cifically endorsed the Supplementary Extradition Treaty with
the United Kingdom. However, the Council's resolution
noted that the Supplementary Treaty fails to distinguish war
crimes or acts of terrorist violence committed in situations
Continued on page 4

Continued on page 6
* The views expressed in this column are those of Mr. Rovine and
are not official positions of the ABA or the Section
of International Law and Practice.
CopyrightO 1986 American Bar Association

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most