Authority and Execution of Judicial Decisions, Arbitral Awards, and Authentic Acts, signed July 8, 1899 (92 Br. & For. St. Paps. 784, 786 (1903)).

3. Convention between Belgium and the Netherlands, Concerning Territorial Jurisdiction, Bankruptcy and the Authority and Execution of Judgments, Arbitral Awards, and Notarial Acts, with Additional Protocol, signed Mar. 28, 1925 (93 LNTS 431).

4. Convention between France and Italy on the Enforcement of Judgments in Civil and Commercial Matters, signed June 3, 1930 (153 LNTS 135).

III

Jurisdiction: Initiation of Proceedings

(Some tentative suggestions)

1. The first and principal question to be settled is the determination of the national court which has the principal responsibility for the adjudication or initiation of the procedures with transnational scope.

This does not exclude that other courts may have ancillary jurisdiction or provisional jurisdiction. Their jurisdiction, however, would not be transnational.

2. The bankruptcy court with transnational jurisdiction should be the court of the country where the debtor has the principal place of business or where the principal assets are located.

3. If a petition is filed in the court of a country which does not have transnational jurisdiction under 2 and subsequently a petition is filed in the court with transnational jurisdiction, the earlier proceedings shall be transferred to that court, but the benefits of the earlier filing date shall be preserved with respect to the assets within the jurisdiction of the court where the first petition was filed.

4. A subsidiary should be treated as the subject of a separate case unless the prerequisites of substantive consolidation are present.

IV

Uniform Rules or Conflict of Laws Rules?

1. On principle the treaty should not enact new substantive law governing the administration of the estates subject to the treaty. The attempt to do so in the draft bankruptcy treaty of the EEC has created difficulties which can be avoided in view of the similar structures of the bankruptcy laws of Canada and the United States. Jurisdiction under the treaty should determine applicable law including its conflict-of-laws rules.

2. In some selective sensitive areas the law of the party particularly concerned should be applicable with respect to assets in the estate or postbankruptcy acquisitions. The status of tax claims or the operation of discharges are examples of such areas.

Dept. of State File No. P80 0056–1352.

INDEX

Abandoned Property Act (1965), 953
Abdallah, Ahmed, 76

Ablondi, Italo H., 1279

Abu Musa sovereignty dispute, Iran and
Sharjah, 919-929

Acheampong, Ignatius Kuto, 79
Act of state doctrine

commercial obligations, repudiation
of, 914-917

and Foreign Sovereign Immunities
Act, 916, 918-919

foreign territorial or boundary dis-
putes, 919-929

and Hickenlooper amendment, 923,

925

port closure, 914, 918

Acton v. U.S. (1968), 1239

Adams, Brock, 490, 549, 1096-1098,

1129, 1146, 1153

Adams, John Quincy, 742

Agency for International Development
(AID), 118

and drug control, 1499

energy resource development in de-
veloping countries, 1340

human rights, 509, 511, 513-515
investment guaranty contract, Revere
Copper & Brass, Inc., 1242, 1246-
1247

and Lebanon, 1595

procurement from developing coun-
tries, 1341-1342, 1344

third country training, 1311-1343
and transfer of technology, 1343
and Uganda, 80

U.S.-Turkey debt rescheduling agree-
ment (1978), 1364-1365
Aggression, definition of (1974), 431,
435

Aging, World Assembly on the Elderly,
1463-1465

Adams v. Vance (1977, 1978), 166, 1494- Ago, Roberto, 1210

1496

Adelman, Roger A., 804

Agosto v. Immigration and Naturaliza-
tion Service (1978), 328

ADL. See Armistice Demarcation Line Agricultural Adjustment Act (1933),

under Lebanon.

Administrative Procedure Act (1946),

224, 273-274, 328, 331, 355, 357,
359-362, 1419

Adoptions. See admission under Aliens.
Adranas v. Hogan (1957), 225
Adriaanse, P., 1233

Aeroflot

and U.S.-U.S.S.R. civil air transport
agreement
(1966), amended
(1978), 1151
Aerotrade, Inc. v. Republic of Haiti
(1974), 918

Afghanistan, Democratic Republic of,

recognition of, 64-66

1311

Agricultural commodities

export sales, promotion of, 1456-1450
and human rights, 499-500, 509
P.L. 480, 1452

and U.S.-Turkey debt rescheduling
agreement (1978), 1363-1365
Agricultural counselors and attachés,
1458

Agricultural Foreign Investment Dis-
closure Act (1978), and implement-
ing regulations, 319-328
Agricultural Trade Act (1978), 1456-
1459

Agricultural Trade Development and
Assistance Act (1954), 1454, 1458-
1459

Africa, Horn of. See Ethiopia; Somalia. | Agricultural Trade Offices, 1458-1459

African-American Institute, 68

African Development Fund and human
rights, 508

African National Council, 54

Afroyim v. Rusk (1967), 236-237, 240–
242

Agriculture, assistance to developing
countries, 1452-1454
Agriculture, Department of

and drug control, 1499
meat imports, 1301
sugar import control, 1311

rescission of status as permanent res- American Samoa Elected Governor and