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Vol. 9, No. 2: Full Issue Denver Journal of International Law & Policy Volume 9 Number 2 Summer Article 14 May 2020 Vol. 9, no. 2: Full Issue Denver Journal International Law & Policy Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation 9 Denv. J. Int'l L. & Pol'y This Full Issue is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. DENVER JOURNAL OF INTERNATIONAL LAW AND POLICY VOLUME 9 1980 VOLUME 9 NUMBER 2 SUMMER 1980 ARTICLES INTERNATIONAL CONVENTION AGAINST THE TAKING OF HOSTAGES: ANOTHER INTERNATIONAL COMMUNITY STEP AGAINST TERRORISM ........................................ Robert Rosenstock 169 In December 1979, the United Nations General Assembly adopted a new addition to the body of law against international terrorism: the Interna- tional Convention Against the Taking of Hostages. The Convention denies safe haven to hostage takers, and obligates states party to prosecute or extradite alleged offenders apprehended within their jurisdictions. The author, a participant in the negotiation of the Convention, examines its in- novations and its departures from earlier models. His timely analysis dem- onstrates that the international community has condemned without excep- tion international hostage-taking. COMPARATIVE EVOLUTION OF TECHNOLOGY TRANSFER POLICIES IN LATIN AMERICA: THE PRACTICAL REALITIES ........................................ Robert J. Radway 197 Following the virtually unrestricted profit seeking of transnational corpora- tions over the last two decades, Latin American governments have re- sponded with policies of state intervention. The author discusses the effect of these policies on the economic development of the host countries and advocates the utilization of the joint venture as a means of reaching equilib- rium between local and foreign enterprises. However, promoting technology transfer which is beneficial to both the host countries and the transnation- als will require sensitivity and concessions on both sides. The host govern- ments must create and maintain a stable environment for investments and the corporations must make a commitment to contribute to the social and economic development of the host countries. TRADEMARK PROTECTION IN THE PEOPLE'S REPUBLIC OF CHINA ............................................. Heinz Daw id 217 The People's Republic of China has long recognized trademarks as neces- sary to protect the public against defective merchandise and to encourage foreign trade. In order for a foreign corporation to register its trademark in the PRC, Chinese law requires a reciprocal agreement between the corpora- tion's home country and the PRC. Through 1977, United States corpora- tions were thus able to register their marks only in the names of foreign subsidiaries based in countries which had established such reciprocal agree- ments with China. In January 1978, however, even before the establishment of full diplomatic relations between the United States and China, China expressed its willingness to accept trademark applications from United States corporations. The 1979 Agreement on Trade Relations between the two countries is expected to provide a basis for interpretation and arbitra- tion of trademark conflicts in the PRC. FACULTY COMMENT LAW AND ECONOMIC DEVELOPMENT ..................................... Leonard J. Theberge 231 Leonard Theberge, in an address before the Chinese Society of Compara- tive Law, discusses the role of law in the development of the Third World. The wholesale importation of Western-style law has not measured up to expectations, and the result has been a wide discrepancy in Third World countries between the laws on the books and actual practices. The lack of an effective legal framework may be a major factor in the continued eco- nomic stagnation of many Third World nations. The success in economic development exhibited by certain Asian nations may have an instructive value for development lawyers elsewhere: law can be a useful tool of devel- opment so long as it makes use of popular senses of fairness and stability already existing in society. If the law does not stay within these bounds, it may run so far ahead of its people as to lose its meaning. CASE NOTE TREATY TERMINATION AND THE SEPARATION OF POWERS: THE CONSTITUTIONAL CONTROVERSY CONTINUES IN GOLDWATER V. CARTER, 100 S. CT. 533 (1979) (MEM.) ............. ....................... David A. Gottenborg 239 The United States Supreme Court recently rejected the contention of a number of Members of Congress that President Carter improperly termi- nated the Mutual Defense Treaty of 1954 with the Republic of China (Tai- wan). This Case Note analyzes the history, constitutional interpretations, and legal theories on which the Supreme Court's decision was based and discusses its effect on current and future treaties. The author concludes that because the termination accompanied the derecognition of the Repub- lic of China, its precedential effect is diminished. The author suggests that "framework legislation" could potentially alleviate some of the issues raised by the case. RECENT DEVELOPMENTS THE INTERNATIONAL AIR TRANSPORTATION COMPETITION A CT OF 1979 ............................. ............... 261 VANCE V. TERRAZAS EXPANDS THE EROSION OF THE EQUAL RIGHTS OF DUAL NATIONALS ............................... 265 FEDERAL DIVERSITY JURISDICTION FOR NATURALIZED DUAL NATIONALS-SADAT V. MERTES ................................ 271 THE INTERNATIONAL COURT OF JUSTICE-UNITED STATES V. IRAN ........................................... 277 THE M OON TREATY ......................................... 281 BOOK REVIEW HUMAN DIGNITY: THE INTERNATIONALIZATION OF HUMAN RIGHTS, EDITED BY ALICE H. HENKIN ............................................... L .C . G reen 287 B OO K N O TES ............................................. 291 ARTICLES International Convention Against the Taking of Hostages: Another International Community Step Against Terrorism ROBERT ROSENSTOCK* I. IMrODUCTION The United Nations took another significant step in its campaign against international terrorism when it adopted the International Con- vention Against the Taking of Hostages.1 On December 17, 1979, the United Nations culminated a four-year effort when it adopted the Con- vention without objection and opened it for signature. As of October 20, 1980, twenty-nine states had signed the Convention and one had ratified.s There is every reason to expect the number of signatures to grow steadily and ratifications to follow in due course. The basic thrust of the Hostages Convention is that those who take hostages will be subject to prosecution or extradition if they are appre- hended within the jurisdiction of a state party to the Convention. Safe haven is to be denied by the application of the principle aut dedere aut judicare, which obligates states to prosecute or extradite an alleged of- fender.8 States party to the Convention will also be obligated to cooperate in the prevention of acts of hostage taking by internal preventative mea- * A.B., 1957, Cornell University; LL.B., 1961, Columbia University. The writer is an Adviser for Legal Affairs at the U.S. Mission to the United Nations and was, along with Alan Kreczko and John MacDonald, a member of the United States team that worked on the Convention. The views expressed herein are those of the writer and do not necessarily reflect or differ from the official position of the United States Government. 1. International Convention Against the Taking of Hostages, G.A. Res. 34/146, 34 U.N. GAOR, Supp. (No. 46) 245, U.N. Doc. A/34/46 (1979), reprinted in 18 INT'L LEGAL MAT. 1457 (1979) [hereinafter cited as Hostages Convention]. The text of the Convention is ap- pended to this article. 2. States that have signed the Convention as of this writing are Bolivia, Belgium, Ca- nada, Chile, Dominican Republic, El Salvador, Federal Republic of Germany, Gabon, Greece, Guatemala, Haiti, Honduras, Italy, Jamaica, Lesotho, Liberia, Luxembourg, Mauri- tius, Panama, Philippines, Portugal, Senegal, Surinam, Sweden, Switzerland, Togo, United Kingdom, United States, and Zaire. Of the 29 states that have signed, only the Philippines has ratified thus far. 3. For a study of effective measures to insure the trial of persons accused of terrorist acts, see Costell, International Terrorism and the Development of the Principle Aut Dedere Aut Judicare.10 J. INT'L L. & ECON. 483 (1975). JOURNAL OF INTERNATIONAL LAW AND POLICY VOL. 9:169 sures and by exchanging information and coordinating measures to pre- vent such acts. The Hostages Convention is patterned on the approach embodied in the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft,4 the 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, 6 and the Convention on the Protection and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents.' The impressive numbers of states party to the Hague Convention (49), the Montreal Convention (48), and the more recent Protection of Diplomats Convention (50), gives reason for optimism that the Hostages Convention will also become rapidly and widely ratified. While the Hostages Convention closely follows the earlier models which Mr. Wood correctly identifies
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