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"Statement of Oscar B. Ryder, chairman, United States Tariff Commission, Washington, D. C. ,,, before the Committee on Finance of the United States Senate, April 1947." -- [p. 1] ; "October 1947." ; Cover title. ; Mode of access: Internet.

by Yves Chapel This is both a detailed account and a brief comment on the rules governing foreign trade in France. The author first comments on the three guiding principles of the relevant French legislation: 1) the individual has a right to import goods, within known procedures, 2) in the procedure of examination of applications, use is made of the services of organs which do not belong to the State as such, 3) there is a strong link with the control of currencies, and the administrative execution is markedly centralised. Monsieur CHAPEL goes on to study the two fundamental legal provisions, and the agencies entrusted with their practical enforcement: Technical Directorates in the Ministries and « Technical Committees », the Office of Currency Control (« Office des Changes »), and finally delineates the actual working of this administrative machinery. His conclusion is that the « Office des Changes » possibly enjoys excessive powers, even though they are indirect, and that this may point to a regrettable tendency towards « dirigism », but he adds that the French legislation is imbued with the principle that such concentration of powers in the hands of the State must be balanced by provisions enabling the individual to defend his interests. This hopeful attitude was justified by a recent liberation of some specified imports, a provision which is commented on in an additional note.

The second session of the Executive Committee of the Interim Commission for the International Trade Organization was convened in Geneva on August 25, 1948. Among the items discussed were 1) a report of the work of the secretariat and its information activities, 2) relations with the United Nations and other intergovernmental organizations, non-governmental organizations, and the International Court of Justice, 3) financial and staff regulations for the permanent Organization, 4) a report by the secretariat on the Havana resolution relating to economic development and reconstruction, and 5) representation of the Interim Commission on the Interim Coordinating Committee for International Commodity Agreements. Consultations were held with the Secretariat of the United Nations and Registry of the International Court of Justice in connection with the preparation of agreements bringing the ITO into relationship with these two organizations.

(Précis of a course of lectures on Industrial Legislation) by M.-A. Flamme Lecturer at the University of Brussels The author begins by defining « Industrial Legislation » as an academic field. This subject is optional for undergraduates of the Faculties of Laws of the four Belgian Universities, in the last two semesters of their studies. But its scope has never yet been determined precisely. French, and Belgian, authors writing on Industrial Legislation, in point of fact treat only of labour legislation — classed in Belgian universities under « Social Legislation ». Yet, between Private and Public Law, there is an important sector, the limits of which are not closely defined, comprising inter alia Transport, Motive Power, and Mines, considered as « the big three » of Industrial Legislation. The author reviews: rail transport, both railways proper and the rural lines operated respectively (in Belgium) by the Société Nationale des Chemins de fer Belges and the Société Nationale des Chemins de fer Vicinaux; tramways (of which the Brussels Intercommunal régie or « directly operated public enterprise » is the most advanced example); road transport, both passengers and goods; inland waterways transport; air transport, for each of which the regime of concessions, of control, and, in some cases, of direct operation comes under consideration. The second chapter deals with power production and distribution; the third with mines. Further, the doctrinal aspects of the freedom of trade and of industry are studied, in Law. In conclusion, the author finds that the title Industrial Legislation, is somewhat of a misnomer. Economists often place industry in opposition to trade, whilst jurists group them both under « Commercial Law ». Speaking more generally, human industry is a global concept. And it is hard to say under what heading industrial ownership, distinct or not from freedom of trade and industry, is to be classed, in view of problems such as that of the civil or the public rights involved. Industrial Legislation would appear to come best under Economic Administrative Law, or Economic Public Law, concerned with State regulatory powers and protectionism, or even interventionism. Freedom or Control of industry? The choice between the two is the very crux of modern existence.

I do not propose to discuss here the problems of the transition from war to peace, or how unions can help to get full employment in the first place. I am concerned with the more fundamental problem of the place of unions in a society which has achieved full employment in peace-time, without sacrificing any of the essential freedoms, and which wants to keep both full employment and freedom. I am assuming that full employment involves planning. I am assuming also that unions are not just nuisances but, in one form or another, permanent and desirable social institutions. Can we plan production without planning wages, hours, and conditions of work? If full employment involves planning these also, where do the unions come in ? Must they sacrifice their traditional freedom to bargain collectively on behalf of their members, and suffer a sea-change into something, if not rich and strange, at least very different from what they have ever been before? Or can the community do this part of its planning through collective bargaining? Can we continue to have purely sectional bargaining, plant by plant, industry by industry, or must the various unions act as a unit according to a general wage policy laid down by some central organization? Must trade unionism change its functions, or its structure, or both?These questions have been widely discussed in Britain, and to some extent also in the United States; in Canada, as far as I know, hardly at all. If we mean business when we talk of full employment, especially full employment in a free society, it is high time they were. For they are not by any means minor questions. Mrs. Wootton goes so far as to say that "Of all the possible points of conflict between conscious planning of priorities and traditional freedoms, the regulation of wages is likely to prove the most stormy"; and of course in this context "wages" include hours and conditions of work—not only what is paid, but what it is paid for. In Canada, freedom to bargain collectively can scarcely be called one of the "traditional" freedoms; for most Canadian workers it is still a recent, hard won, and imperfect conquest. But it is none the less prized for that, and it will not be easily surrendered, even as the price of full employment. For of all the freedoms, this is perhaps the one that comes closest home to the ordinary worker.

Treaties — Conclusion and operation of — Entry into force — Whether one paragraph of an article can enter into force before another paragraph — Effect of both paragraphs as integral parts of article — Treaty establishing European Coal and Steel Community, Article 65 — Date of entry into force of Article 65 (1) prohibiting restrictive agreements — Whether Article 65 (1) intended to enter into force before Article 65 (2).Treaties — Interpretation of — Principles and rules of — Meaning and principal object of treaty — Convention on Transitional Provisions annexed to Treaty establishing European Coal and Steel Community.Court of Justice of European Coal and Steel Community — Competence to pronounce upon questions of municipal law.339International organization — European Coal and Steel Community — Treaty establishing Community, 1951, Article 65 — Convention containing Transitional Provisions — Date of entry into force of Article 65 (1) prohibiting restrictive agreements — Whether any derogation from this date for particular provision in Article 65 — Relevance of motive of evasion in making trade regulations — Whether Article 65 (1) intended to enter into force before Article 65 (2) — Meaning and purpose of Convention containing Transitional Provisions — Powers exercised by Governments of member States during transitional period — Whether identical with powers of High Authority after establishment of Common Market — Détournement de pouvoir — Violation of Treaty — Alleged duty of High Authority to apply municipal law in determining validity of trade regulations made before entry into force of Treaty — Law applied by High Authority — Article 8 of Treaty — Whether competent to apply municipal law of member States — Whether High Authority concerned with validity of trade regulations under municipal law when exercising its functions under Article 65 (2).

Court of Justice of European Coal and Steel Community — Procedure — Barristers and advocates — Capacity to appear before Court after being prohibited from practising in national State — Effect of prohibition on validity of prior acts by barrister connected with action before the Court.Procedure — Request for injunction — Time for making request — Effect of principal action being out of time — Rules of Court, Article 83.Capacity of parties — Capacity of unincorporated firm to proceed against application to it of trade regulations alleged to be in breach of Treaty establishing Community — Necessity for plaintiff to have status of "producer " — Effect of Article 80 equating distributing organization with producers for purposes of certain appeals to Court — Whether Article 80 aplicable to actions based upon indirect effects of Articles 65 and 66.Capacity of parties — Company in liquidation — Law governing legal status and capacity of company — Law applied by Court in determining locus standi of representative of company before it.321International organization — European Coal and Steel Community — Decisions of High Authority — Grounds for grant by Court of suspension of application of decisions — Treaty establishing Community, Article 33 — Distinction between individual and general decisions — Decisions authorizing trade regulations — Retention of private law character of such trade regulations — Decisions indirectly affecting legal validity of actions by individual enterprises — Whether decisions general or individual — Whether decision which is individual with regard to enterprise to which addressed may also be general with regard to third parties — Decision amounting to discrimination against third parties — Violation of Treaty, Articles 15 and 65 (2) — Relevance of alleged violation of Federal German Constitution — Détournement de pouvoir — Violation of substantial procedural requirement — Purpose of obligation of High Authority under Article 15 to give reasons for decisions — Whether Court of Community may consider ex propria motu possible failure to give reasons — Whether insufficient reasons equivalent to absence of reasons for purposes of Articles 15.

"February 20, 1948--Protocol was read the first time and the injunction of secrecy was removed therefrom and the protocol, the letter of transmittal, and the report by the Secretary of State were referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate." ; Caption title. ; Mode of access: Internet.

"February 28, 1947--Protocol was read the first time and the injunction of secrecy was removed therefrom. The protocol was referred to the Committee on Foreign Relations and, together with the message and the accompanying report, was ordered to be printed for the use of the Senate." ; Caption title. ; Mode of access: Internet.

"April 20, 1948--Ordered to be printed." ; Submitted by the Committee on Foreign Relations. ; Caption title. ; Mode of access: Internet.

The Spanish consulado — or Catalan consolat de mar — emerged from the medieval economy of Mediterranean towns. From a simple maritime court, its prototype in thirteenth-century Valencia, the Consulado evolved into a permanent tribunal with appellate as well as original jurisdiction in mercantile disputes. Ultimately, the consular court constituted one of three divisions of the guild merchant. The matrícula, or guild membership, comprised resident merchants who met various qualifications of age, property, and vocation. In annual assemblies the guildsment elected the judges of their court, usually a prior and two consuls. The prior and consuls were at once judges, active merchants, and members ex-officio of an executive council or junta. This governing body represented the merchant class in negotiating with other groups, especially public officials. It administered customs and taxes, enforced trade regulations, carried out public works projects, and in many other ways intervened in the economic life of the community.

Considers (87) S. 2800, (87) S. 2801, (87) S. 2829. ; Considers following bills to amend the Merchant Marine Act of 1936. S. 2800, to increase permanently maximum construction differential subsidies for construction of new vessels. S. 2801, to extend the minimum age of 12 years for vessels to be traded in toward the construction of new vessels. S. 2829, to revise regulations on war risk insurance for construction subsidized ships. ; Record is based on bibliographic data in CIS US Congressional Committee Hearings Index. Reuse except for individual research requires license from Congressional Information Service, Inc. ; Indexed in CIS US Congressional Committee Hearings Index Part VII ; Considers (87) S. 2800, (87) S. 2801, (87) S. 2829. ; Considers following bills to amend the Merchant Marine Act of 1936. S. 2800, to increase permanently maximum construction differential subsidies for construction of new vessels. S. 2801, to extend the minimum age of 12 years for vessels to be traded in toward the construction of new vessels. S. 2829, to revise regulations on war risk insurance for construction subsidized ships. ; Mode of access: Internet.

The Secretary-General of the Far Eastern Commission, Nelson T. Johnson, released his report on the activities of the organization from December 24, 1948, to June 30, 1950. The report was a summary of activities and a description of the nine policy decisions made during the period. Cessation of the trial of Japanese war criminals, reform of the Japanese agricultural system, restoration of patent rights to allied nationals (including rights previously held on utility models and designs), restoration of trade-mark rights together with regulations governing Japanese use of trade names and marking of merchandise and revisions of previous decisions governing restitution of looted property and access to technical and scientific information in Japan by Allied governments were the subjects covered by the decisions of the Commission.