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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.

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