INTERNATIONAL LAW
W.B. Fisch, Fall 2001
Assignment #32
Ch. 12. INTERNATIONAL CONFLICT OF LAWS
A. The Principles of Jurisdiction
1. The Territorial Principle
AMERICAN BANANA, p. 716 (US 1909)
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Where did the conduct at issue occur?
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Where was its primary effect felt?
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Different decision, if Congress had enacted a law explicitly
making US antitrust laws applicable to conduct of US companies abroad?
2. The Nationality Principle
BLACKMER V. UNITED STATES, p. 720 (US 1932)
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Where did the conduct at issue occur?
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At the place where the subpoena was received by Blackmer?
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At the place where Blackmer was required to appear?
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Did the court have jurisdiction to serve the subpoena in
France?
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Whose law would determine that?
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If French law forbade such service (i.e., without
the participation of French authorities), would Blackmer have gotten off?
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What other consequence, if any, would the unlawfulness of
the service under IL have had?
ALCOA, p. 723 (2d Cir. 1945).
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Where did the conduct complained of occur?
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Did it have clear effects in the US?
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What were those effects?
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How did the court know that they had occurred?
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Was it intended to have such effects? Should that
make a difference?
Other bases
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Protective: state security
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Universal: matters that concern every state (e.g.,
slavery, piracy, genocide?)
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Passive personality: nationality of the victim
of a wrong - why should this be controversial?
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presupposes that conduct occurs and harm is suffered elsewhere
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Terrorism!