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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - INTERNATIONAL BUSINESS AND NATIONAL JURISDICTION

INTERNATIONAL BUSINESS AND NATIONAL JURISDICTION by Sir A. D. Neale and M. L. Stephens. Clarendon Press, Oxford (1988, xix and 211 pp., plus 4 pp. Index). Hardback £25.
This generally well-written and fairly interesting book is written by the distinguished economist Sir Alan Neale, author of the well-known work The Antitrust Laws of the U.S.A., and Dr Stephens, an American attorney. The first point to be made about it is that there is no index. Apart from the fact that this deprived the reviewer of the chance of finding out quickly how many times and on what pages the name of “Colombia” was misspelt “Columbia”, it is really deplorable that such reputable publishers should perpetrate such an omission. It tempts one to finish the review at this point.
However, we will go on to say that the work might have its uses. It provides the relatively uninstructed reader with a fair survey and critique of the enforcement of the United States anti-trust laws over conduct which takes place outside the U.S. by means of the “effects” doctrine. It also deals in some detail with the relevant American cases on that matter and those in which the U.S. courts and other agencies have attempted to complete the discovery and production of documents which are in other countries and to compel persons to act in conformity with U.S. laws when they are in foreign countries. Mention is also made of EEC cases.
The book deals with some of the most intractable modern problems in international law. None of the information it contains should be new to any international lawyer. The solutions which the authors suggest to the conflicts which have arisen between the U.S. and other countries are hardly new or profound, though they are quite acceptable. The main proposals

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