the state department has encouraged
foreign governments to communicate their views directly to united
states courts.
/22/ to the best of our knowledge, foreign sovereign compulsion has
not been found in any case heretofore brought by the united states and
is not involved in any pending case. |
|
/23/ there may, of course, be circumstances in which the united
states would deem it more appropriate to engage in diplomatic efforts
to persuade the foreign sovereign to cease compelling the conduct (or
to take no action at all) rather than to bring suit.
/24/ indeed, the same result would follow in virtually every case
from either our contention that the defense is wholly inapplicable in
suits by the united states, or from an alternative theory that the
defense presumptively should be unavailing in such cases because the
judgment implicit in the executive's decision to bring suit -- that
the legitimate interests of the united states in proceeding outweigh
those of the other concerned government -- is entitled to great
deference. the district court did not decide the
foreign compulsion issue because it ruled for petitioners on other
grounds (see pet. |
| while this conclusion may be
overly technical -- the miti statement referred to the regulations of
the japan machinery exporters association rather than to the rule
itself -- we do not at this point dispute the court's conclusion that
the government of japan failed to spell out its role in the creation
of the rule with sufficient clarity. after the filing of the petition
for certiorari in this case, however, the japanese government
transmitted a note verbale to the state department, in which it stated
unequivocally that it had compelled adoption of the five-company rule. |
| in the unusual circumstances
of this case, the court may appropriately choose to treat this clear,
definitive statement of the japanese government as dispositive on this
point.
/*/ acting solicitor general fried is disqualified in this case second, the period of inward-looking
australia, canada, scandinavia-were able to take industrialization discouraged innovation and created a
advantage of. fundamental to this poor performance was sector whose growth depended on artificial monopoly
deficient technological adoption driven by two factors. rents rather than the quasi-rents arising from
first, deficient national "learning" or innovative" technological adoption, and at the same time
capacity, arising from low investment in human capital undermined resource-intensive sectors that had the
and scientific infrastructure, led to weak ability to potential for dynamic growth. |
|
this paper-a product of the office of the chief economist, latin america and the caribbean region-was prepared as
a background paper for the region's flagship report, from natural resources to the knowledge economy (2001). policy research
working papers are also posted on the web at http://econ. the author may be contacted at
wmaloney@worldbank. (40 pages)
the policy research working paper seres dissemp ates the findrgs of work in progress to encourage the exchange of ideas about
developmenzt issuies an objective of the series is to get the findings out quickly, even if the presentations are less that? fully polished. the
papers carry the names of the authors and should be cited accordingly. |
| the findings, nterpretations, and conclusions expressed in this
paper are entirely those of the authors. maloney
office of chief economist
latin america and caribbean region
the world bank
this paper prepared as a background paper for the world bank latin american and caribbean region's
regional flagship report, from natural resources to knowledge economy (2001) by de ferranti,
perry, lederman, and maloney.
i am especially grateful to montes rojas for research assistance. introduction
the 20'h century offered opportunities for resource-based growth that
america systematically missed. even if were clear that average natural resource
abundant countries have experienced slower growth, the more interesting question is
some - australia, canada and the nations of -developed successfully while
others did not.. .. |
| cotton gauze apparel |