international law open for the courts to clear up will not achieve a desired result for any
party. One day a court may decide to follow the harsh rules of the Bank of Nova Scotia
Case which will lead to one result. Yet on another day a court may decide upon the
principles in Societe Internationale which would lead to a different result. Yet a further
court decision may be upon reliance solely on the Restatement on Foreign Relations
which arguably will lead to a result different from the either the former or the latter case.
Equally, important the pathway now set by the OECD and its membership cannot with its
methods prove to be any more productive. Rather, a preferred approach based on equal
respect for sovereign nations and upon the firm principles of customary international law
would achieve a degree of success for both sides in this arena.