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Spiess v. C. Itoh & Co. (America)

Published online by Cambridge University Press:  27 February 2017

Monroe Leigh
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Type
Judicial Decisions
Information
American Journal of International Law , Volume 75 , Issue 4 , October 1981 , pp. 972 - 974
Copyright
Copyright © American Society of International Law 1981

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References

1 469 F.Supp. 1 (S.D. Tex. 1979); for a more detailed summary, see 74 AJIL 195 (1980).

2 643 F.2d353,356.

3 “Unlike domestic legislation, treaties must create a common ground between differing cultures before the rights of the parties can be defined.” Ibid.

4 Id. at 357 (quoting Walker, , Provisions on Companies in United States Commercial Treaties, 50 AJIL 373, 380–83 (1956)Google Scholar).

5 Id. at 359.

6 Id. at 360. In addition, the plaintiffs contended that even if the American subsidiary of a Japanese company could enjoy immunity from U.S. employment laws, the United Nations Charter’s provision for freedom from racial discrimination superseded the Treaty. The court, however, did not agree.

7 638 F.2d 552 (2d Cir. 1981), 75 AJIL 671 (1981).