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Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom •
United States
 International Business Law and Its Environment, 8e

Richard Schaffer, Filiberto Agusti, Lucien J. Dhooge, and Beverly Earle

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 R. S.
To my wife, Avery, for her love, patience, and encouragement.
And to Freda Adler, criminologist, educator, and above all dear sister, by whose
example I teach and write,
and to whom I owe this book

F. A.
To my father, Filiberto, and my mother, Maria Luisa, who sacrificed so much that I
might be free to write and
read as I wish; and to my wife, Susan, and our daughters, Caroline, Olivia, and
Jordan, for their patience.

L. J. D.
To my wife, Julia, for her encouragement, support, and patience.

B. E.
To my husband, John, for his support and to our daughter, Molly, for inspiring me
with her dedication and hard work.
About the Authors

Richard Schaffer is Professor Emeritus of Business Law (retired) in the Department

of Finance of the Walker College of Business at Appalachian State University. He
taught for twenty-five years in the area of business law, international business
transactions, and the law of international trade and investment. Professor Schaffer
received his J.D. from the University of Mississippi and his LL.M. from New York
University. From 1976 through 1982, he assisted United Nations agencies in New
York, San Jose, and Vienna, with projects examining the relationship among corrupt
practices, multinational corporations, and socioeconomic development, and served
as rapporteur of UN working groups on international economic crime. Schaffer was
founder of ASU’s international business and business study abroad programs. He has
served as consultant to business schools on the internationalization of curriculum,
and to industry trade groups. Professor Schaffer has extensive experience in
business, including manufacturing and global sourcing, and regularly consults on
matters related to the international home textile industry.
Filiberto Agusti is a partner in the international law firm of Steptoe & Johnson
LLP, where he has practiced law since 1978. He represents governments,
multinational corporations, manufacturers, and investors in international
arbitrations, lawsuits between multinational enterprises, and transactional
negotiations. His work has involved disputes and negotiations involving
international infrastructure, power generation facilities, cross-border corporate
acquisitions, international joint ventures, and bankruptcy reorganizations. Mr.
Agusti has authored articles for the Harvard Law Review and other legal
publications. He is a frequent speaker at professional seminars around the world and
regularly comments on legal issues on camera for Univisión, Telemundo, and CNN
en Español. Mr. Agusti was law clerk to the U.S. Court of Appeals for the Second
Circuit in 1977–78. He is a graduate of the Harvard Law School, where he was a
senior editor of the Harvard Law Review. He graduated summa cum laude with a
B.A. from the University of Illinois in 1974.
Lucien J. Dhooge is the Sue and John Staton Professor of Law at the College of
Management at the Georgia Institute of Technology, where he teaches international
business law and ethics and serves as director of the global executive M.B.A.
program and area coordinator in law and ethics. Prior to his tenure at the Georgia
Institute of Technology, Professor Dhooge practiced law for eleven years and served
on the faculty of the University of the Pacific in California for twelve years. He has
authored more than fifty scholarly articles, coauthored five books, and is a past
editor-in-chief of the American Business Law Journal and Journal of Legal Studies
Education. Professor Dhooge has presented courses and research throughout the
United States, as well as in Asia, Europe, and South America, and has received
numerous research and teaching awards, including six Ralph C. Hoeber Awards for
excellence in published research. After completing an undergraduate degree in
history at the University of Colorado, Professor Dhooge earned his J.D. from the
University of Denver College of Law and his LL.M. from the Georgetown University
Law Center.
Beverley Earle is Professor and Chair of the Law, Taxation and Financial Planning
Department at Bentley University (Waltham, Massachusetts), where she has been on
the faculty since 1983. She teaches international business law at the undergraduate
and graduate level as well as courses on the legal environment of business and law
and society. She graduated with a B.A. from the University of Pennsylvania and a
J.D. from Boston University and is admitted to practice in Massachusetts. Her law
review articles have been published by universities including U. C. Berkeley,
Northwestern, Cornell, and University of Iowa (forthcoming). She has received
numerous awards including the Academy of Legal Studies in Business Holmes-
Cardozo award as well as Bentley’s Scholar of the Year, Innovation in Teaching
Award and Outstanding Scholarly Contribution Award. She is past president of the
International Section of the ALSB. Since 2006, she has been an appointee to the
Massachusetts Board of Bar Overseers Hearing Committee on Attorney Discipline.
Brief Contents

Table of Cases
Table of Treaties
Table of Statutes
Preface
Acknowledgments

Part One The Legal Environment of International Business

1 Introduction to International Business

2 International Law and the World’s Legal Systems
3 Resolving International Commercial Disputes

Part Two International Sales, Credits, and the Commercial Transaction

4 Sales Contracts and Excuses for Nonperformance

5 The Documentary Sale and Terms of Trade
6 The Carriage of Goods and the Liability of Air and Sea Carriers
7 Bank Collections, Trade Finance, and Letters of Credit

Part Three International and U.S. Trade Law

8 National Lawmaking Powers and the Regulation of U.S. Trade

9 GATT Law and the World Trade Organization: Basic Principles
10 Laws Governing Access to Foreign Markets
11 Regulating Import Competition and Unfair Trade
12 Imports, Customs, and Tariff Law
13 The Regulation of Exports
14 North American Free Trade Law
15 The European Union and Other Regional Trade Areas
Part Four Regulation of the International Marketplace

16 International Marketing Law: Sales Representatives, Advertising, and

Ethical Issues
17 Licensing Agreements and the Protection of Intellectual Property Rights
18 Takings and National Controls on Foreign Direct Investment
19 Labor and Employment Discrimination Law
20 Environmental Law
21 Regulating the Competitive Environment

Index

Appendices All appendices are located on the companion website

(accessible via www.cengagebrain.com)

A United Nations Convention on Contracts for the International Sale of Goods

B The General Agreement on Tariffs and Trade
C Multilateral Agreements on Trade in Goods (Selected Provisions)
D General Agreement on Trade in Services (Selected Provisions)
E Agreement on Trade-Related Aspects of Intellectual Property Rights
F North American Free Trade Agreement
Contents

Table of Cases
Table of Treaties
Table of Statutes
Preface
Acknowledgments

Part One The Legal Environment of International Business

CHAPTER 1

Introduction to International Business

Economic Interdependence
America in International Markets
Forms of International Business
Trade
Exporting
Importing and Global Sourcing
Government Controls over Trade: Tariffs and Non-tariff Barriers
Intellectual Property Rights and International Licensing Agreements
International Licensing Agreements
Foreign Direct Investment
Multinational Corporations
United States Foreign Direct Investment
Conducting Business in Developing and Newly Industrialized Countries
The Developed Countries
The Developing Countries
The Economic Environment in Developing Countries
Controls on Investment in Developing Countries
The Road to Free Markets, Consumer-Based Economics, and Private Ownership
The Newly Industrialized Countries
The Least Developed Countries
 The Least Developed Countries
Countries in Transition: Russia, and the Newly Independent Republics of the
Former Soviet Union
Managing the Risks of International Business
Risk Assessment and the Firm’s Foreign Market Entry Strategy
Transaction Risks in Contracts for the Sale of Goods
Managing Currency and Exchange Rate Risks
Managing Distance and Communications
Language and Cultural Differences
Managing Political Risk
Causes of Political Risk
Risks of Exposure to Foreign Laws and Courts
Receiving Professional Assistance in Going International
CHAPTER 2

International Law and the World’s Legal Systems

International Law
Defining International Law
Public and Private International Law
Sources of International Law
Customary International Law
The Law of Treaties
International Human Rights and Humanitarian Law
International Criminal Law
Basic Principles of International Criminal Jurisdiction
Mutual Legal Assistance and Extradition
Some General Concepts of Public International Law
Comity
Sovereign Immunity
Act of State
International Organizations
The Role of the United Nations in International Law
International Court of Justice
UN Agencies Affecting International Business Law
 Ethics, Social Responsibility, and Corporate Codes of Conduct
Corporate Social Responsibility in Developing Countries: A Tale of Two
Worlds
Codes of Conduct
Corporate Codes of Conduct
Comparative Law: Differences in National Laws and Legal Systems
Modern Legal Systems of the World
Origins of Civil Law Systems
Origins of Common Law Systems
Differences between Modern Civil Law and Common Law Countries
Islamic Law
CHAPTER 3

Resolving International Commercial Disputes

Avoiding Business Disputes
Cultural Attitudes toward Disputes
Methods of Resolution
Alternative Dispute Resolution
Mediation
Arbitration
Litigation
Jurisdiction
Venue
Forum Non Conveniens
Forum Selection Clauses
Conflict of Laws
The Restatement (Second) of the Conflict of Laws
Choice of Law Clauses
The Application of Foreign Law in American Courts
Judicial Assistance: Discovery and the Collection of Evidence
Antisuit Injunctions
Enforcement of Foreign Judgments
Commercial Disputes with Nations
 Part Two International Sales, Credits, and the Commercial Transaction

CHAPTER 4

Sales Contracts and Excuses for Nonperformance

Introduction to Contracts for the International Sale of Goods
The Law of Sales
The Law Merchant and English Sales Law
The U.S. Uniform Commercial Code
Contract Law in China
The Convention on Contracts for the International Sale of Goods (CISG)
Applicability of the CISG to International Sales
Validity and Formation of International Sales Contracts
Enforcement of Illegal Contracts
The Writing Requirement
Problems of Contract Interpretation
Mutual Assent: The Offer
Mutual Assent: The Acceptance
Standard Business Forms and Contract Modifications
Performance of Contracts
Performance of Seller
Remedies for Breach of Contract
Fundamental Breach
Seller’s Right to Remedy
Price Reduction
Money Damages
Specific Performance
Anticipatory Breach
Events Beyond the Control of the Parties: Excuses for Nonperformance
Impossibility of Performance
Frustration of Purpose
Commercial Impracticability
The CISG Exemptions for Impediments Beyond Control
 Force Majeure Clauses
Cultural Influences on Contract Negotiations
Negotiating Contracts in Japan
CHAPTER 5

The Documentary Sale and Terms of Trade

Transaction Risk
The Documentary Sale
The Document of Title
The Bill of Lading
Rights of Purchasers of Documents of Title
Certificates of Inspection or Analysis
Measuring Damages for Breach of the Documentary Sale
Types of Ocean Bills of Lading
Other Types of Transport Documents
Electronic Data Interchange
Allocating Shipping Responsibilities and the Risk of Loss
Freight and Transportation Charges
Allocating the Risk of Loss
The Risk of Loss in International Sales under the CISG
Trade Terms
International Rules for the Interpretation of Trade Terms
E Terms
F Terms
Modification of Trade Terms
CHAPTER 6

The Carriage of Goods and the Liability of Air and Sea Carriers
The Liability of International Air Carriers
The Warsaw Convention of 1929
The Montreal Convention of 1999
Air Carrier’s Liability for Death or Bodily Injury
The Death on the High Seas Act
Liability for Air Cargo and Baggage Losses
 Liability for Air Cargo and Baggage Losses
Liability for the Carriage of Goods by Sea
History of Carrier Liability
Nautical Liability of the Carrier
Shipper’s Liability for Hazardous Cargo
Carrier’s Liability for Cargo Shortages
The Per-Package Limitation
Liability for a Material Deviation
The Liability of Ocean Transportation Intermediaries
Freight Forwarders
Non-Vessel Operating Common Carriers
The Ocean Shipping Reform Act of 1998
Marine Cargo Insurance
Marine Insurance Policies and Certificates
General Average and FPA Losses
Particular Average Losses
Types of Coverage
CHAPTER 7

Bank Collections, Trade Finance, and Letters of Credit

The Bill of Exchange
The Origin of Bills of Exchange
Brief Requirements of a Bill of Exchange
The Documentary Draft and the Bank Collection Process
Documentary Drafts Used in Trade Finance
Credit Risks in Factoring Accounts Receivable: The Rights of the Assignee
The Letter of Credit
The Documentary Letter of Credit
Law Applicable to Letters of Credit
The Independence Principle of Letters of Credit
Following a Letter of Credit Transaction
The Rule of Strict Compliance
Enjoining Banks from Purchasing Documents in Cases of Fraud
Confirmed Letters of Credit
 Standby Letters of Credit
Other Specialized Uses for Letters of Credit
Electronic Data Interchange and the eUCP
Letters of Credit in Trade Finance Programs

Part Three International and U.S. Trade Law

CHAPTER 8

National Lawmaking Powers and the Regulation of U.S. Trade

The Separation of Powers
The Executive–Legislative Debate
Legislative Power
Presidential or Executive Power
The Treaty Power
The Domestic Law Effect of U.S. Treaties
Executive Agreements
Sole Executive Agreements and the President’s Inherent Power
Congressional–Executive Agreements and the President’s Delegated Power
U.S. Trade and Tariff Legislation
The Smoot-Hawley Tariff Act of 1930
The Reciprocal Trade Agreements Act of 1934
More Recent U.S. Trade Legislation
Trade Agreements
The General Agreement on Tariffs and Trade
Trade Promotion Authority
Federal-State Relations
The Supremacy Clause
Burma, Human Rights, and Federal Preemption
The Import-Export Clause
The Commerce Clause
Federal Agencies Affecting Trade
United States Department of Commerce
 International Trade Commission
The U.S. Court of International Trade
CHAPTER 9

GATT Law and the World Trade Organization: Basic Principles

Introduction to Trade Regulation
Reasons for Regulating Imports
Tariffs
Non-tariff Barriers to Trade
Indirect Non-tariff Barriers
Transparency
Impact of Trade Barriers on Managerial Decisions
The General Agreement on Tariffs and Trade
The GATT Framework
GATT and U.S. Law
Scope and Coverage of GATT 1947
Scope and Coverage of GATT 1994
The World Trade Organization
Organization of the WTO
GATT/WTO Dispute–Settlement Procedures
WTO Dispute-Settlement Procedures
WTO Reports as Legal Precedent
GATT 1994: Major Principles of Trade Law
Multilateral Trade Negotiations
Tariffication
Tariff Concessions, Bound Rates, and Tariff Schedules
Nondiscrimination, Most Favored Nation Trade, and National Treatment
Most Favored Nation Trade
National Treatment
GATT and the Elimination of Quotas
Quantitative Restrictions: The Balance-of-Payments Exception and Developing
Countries
CHAPTER 10
 Laws Governing Access to Foreign Markets
The General Principle of Least Restrictive Trade
Technical Barriers to Trade
The Protection of Public Health, Safety, or Welfare
European Union Standards and Technical Regulations
Japanese Standards and Technical Regulations
Chinese Standards and Technical Regulations
The WTO Agreement on Technical Barriers to Trade
International Organization for Standardization
Import Licensing Procedures
The WTO Agreement on Import Licensing Procedures
Trade Facilitation
Government Procurement
The WTO Agreement on Government Procurement
Administering Government Procurement Rules in the United States
Trade in Services
The WTO General Agreement on Trade in Services
Trade in Agriculture
Some Agricultural Trade Issues in the EU and Japan
The WTO Agreement on Agriculture
Sanitary and Phytosanitary Measures: Food, Animal, and Plant Safety
Trade in Textiles and Clothing
History of Textile Import Regulation and Deregulation
Other WTO “Trade-Related” Agreements
Trade-Related Investment Measures
Trade-Related Aspects of Intellectual Property Rights
Information Technology Agreement
Trade Sanctions and U.S. Section 301: The Threat of Retaliation
Basic Section
The Carousel Law: Rotating Products Subject to Retaliation
Special
CHAPTER 11

Regulating Import Competition and Unfair Trade

 Regulating Import Competition and Unfair Trade
Safeguards Against Injury
The GATT Escape Clause
The WTO Agreement on Safeguards
Safeguards against Injury under U.S. Law
Trade Adjustment Assistance
Unfair Import Laws: Dumping and Antidumping Duties
The Economics of Dumping
The WTO Antidumping Agreement
The Material Injury Requirement
WTO Dispute Settlement in Dumping Cases
Dumping and Non-market Economy Countries in Transition
Market-Oriented Exporters
Unfair Import Laws: Subsidies and Countervailing Duties
WTO Agreement on Subsidies and Countervailing Measures
Prohibited Subsidies
Actionable Subsidies
Countervailing Duty Actions
Subsidies and State-Owned Enterprises
Judicial Review in International Trade Cases
CHAPTER 12

Imports, Customs, and Tariff Law

The Administration of Customs and Tariff Laws
The Formal Entry
Liquidation and Protest
Enforcement and Penalties
Binding Rulings
Judicial Review
Dutiable Status of Goods
The Harmonized Tariff Schedule
The Classification of Goods
Using the General Rules of Interpretation
Tariff Engineering
Another random document with
no related content on Scribd:
smoke candle, certain of the smoke grenades and in various forms
of colored smokes. The basis of this was the Berger Mixture, which
had the composition:
Zinc 25
Carbon tetrachloride 50
Zinc oxide 20
Kieselguhr 5
This formula produced a light gray carbon smoke, with much
carbon in the residue. In this mixture the zinc and carbon
tetrachloride react to form zinc chloride and carbon; the kieselguhr
keeps the mixture solid by absorbing the tetrachloride, while the zinc
oxide is practically useless, as its absorbing power is small.
In order to accelerate the reaction and to oxidize the carbon,
thereby changing the color of the smoke from gray to white, an
oxidizing agent was added. Sodium chlorate was chosen for
economic reasons. The reaction now proved to be too violent, and
the zinc oxide was replaced by ammonium chloride. This cooled the
smoke, retarded the rate of burning and added to the density of the
smoke, since the obscuring power of the ammonium chloride is high.
The kieselguhr was replaced by precipitated magnesium carbonate,
which is as good an absorbent, gives a much smoother burning
mixture, and also adds somewhat to the density of the smoke by
virtue of the magnesium mechanically expelled. The mixture then
had the composition:
Zinc 34.6
Carbon tetrachloride 40.8
Sodium chlorate 9.3
Ammonium chloride 7.0
Magnesium carbonate 8.3

Size of Smoke Particles

 In the problem of smoke production, the size of the particle is of
great importance. Being a physical quantity it can easily be
correlated with such physical properties as settling, diffusion,
coagulation, and evaporation. These factors are more important in
connection with toxic smokes, since there the penetration factor
must be considered.
Smoke appears to consist of particles of all sizes from 10⁻³ cm.,
which may just be resolved by the unaided eye, to molecular
dimensions, 10⁻⁸ cm. The larger particles settle out most rapidly and
so do not remain long in suspension.

Measurement
Wells and Gerke have developed a form of ultra-microscope
which is well adapted to the measurement of the size of smoke
particles. The ultra-microscope is a low power microscope using
intense dark ground illumination for viewing particles which are too
small to be seen by transmitted light. They are rendered visible in
this way, since any object, no matter how small, which emits enough
light to affect the retina is visible, provided the background is
sufficiently dark. Thus stars are visible at night and dust particles are
easily seen in a sunbeam in a darkened room. The larger particles,
viewed in this way, do not appear larger but brighter. The apparent
size of the particles is determined by the diffraction pattern and is
thus dependent only on the optical system used to view them. The
more intense the incident light, the brighter the particles appear. In
the ultra-microscope described, the image of an intense source,
such as a concentrated filament lamp, or an arc, is focused upon the
particles in the microscopic field, but the axis of the illuminating
beam, instead of coinciding with the axis of the microscope, as
ordinarily used, is perpendicular to it. The beam itself, therefore,
never enters the microscope at all, but passes under the objective
into a blackened chamber where it is absorbed. The field of the
microscope is made dark by placing underneath the objective
another “black hole” or blackened chamber with an opening just a
little larger than the field.[34]
The method used for measuring the velocity consisted in causing
the particle to describe a definite stroke many times in succession in
an electric field. This was accomplished by reversing the direction of
the field with a rotating commutator. The convection due to the
source of light is perpendicular to this motion so that a zigzag line is
obtained (see Fig. 88). The amplitude of this oscillation is an
accurate measure of the distance traversed by the particle under the
electric force for a definite small interval of time. The speed of the
rotating commutator and the electric field are both susceptible of
precise measurement, so that the size of a single particle is precisely
determined.

Fig. 87.—Ultramicroscope for Measuring Size of

Smoke Particles.
 Fig. 88.—Measurement of Smoke Particles by Use
of Ultramicroscope.

When a sample of smoke is viewed in the ultra-microscope, it

appears like the starry heavens, except that the stars are dancing
violently about. At first little distinction is made between the particles,
as there seems to be no order in their motion, but soon it becomes
evident that the brighter particles are more sluggish than the dim
ones. This is due to the greater mass of the bright particles, for they
are larger. The particles are all moving slowly away from the source
of light and eventually diffuse to the walls of the cell.
When the electric field is turned on, about one-third of the
particles immediately migrate, about equally in both directions, to the
two electrodes. If the field is reversed, the direction of migration is
reversed and if the commutator is used the particles oscillate
regularly. Sometimes the particles may be seen to combine and
become neutral, in which case oscillation ceases.

Concentration of Smoke
In measuring the concentration of smokes, the following terms
are useful:
Density. The density of a smoke is defined as the reciprocal of
the thickness of the smoke layer in feet necessary to obscure a
given filament. Thus six inches of a smoke of density 2.0 is required
to obscure an electric light filament, whereas one requiring four feet
would have a density of 4. Another way to show the significance of
this definition is to point out that if a definite weight of a stable smoke
is diluted with air after it is formed, the product of the volume by the
density always remains constant. Any marked variation in this rule
may be taken as evidence that the particles of smoke are
undergoing a change, in most cases due to evaporation.
Total Obscuring Power. The volume of smoke produced per unit
weight of material used is the second factor in determining the value
of a smoke. The product of this volume per unit weight by the density
of the smoke is the real measure of effectiveness, and is called the
total obscuring power (T. O. P.) of the smoke. If the volume is
expressed in cubic feet per pound and the density in reciprocal feet,
the unit of T. O. P. is square feet per pound. That is, it expresses the
square feet of a smoke wall, thick enough to completely obscure a
light filament behind it, which could be produced from a pound of the
reacting substances. The total obscuring power of some typical
smokes are as follows:
Phosphorus 4600
NH₄Cl(NH₃ + HCl) 2500
SnCl₄ + NH₃ + H₂O 1590
Berger Mixture 1250
SnCl₄ + NH₃ 900
 SO₂ + NH₃ 375
In all measurements of density, and therefore of T. O. P., the rate
of burning must be considered. If a slow burning material be
compared with a rapid one, the former will not reach its true
maximum density, as a great deal of the smoke may settle out during
the time of burning. Comparisons of T. O. P. are significant only
when made on smoke mixtures of the same type and in about the
same quantities.

Measurement
Two methods of measuring the effectiveness of a smoke cloud
have been devised, one, the smoke box, which measures the
obscuring power directly by observing at what distance a lamp
filament is obscured by intervening smoke, the other, the Tyndall
meter, which measures the intensity of the scattering of the light.
The earliest measurements of smoke intensity are perhaps those
of Ringelmann (Revue Technique, 19, 286), who devised the well
known chart of that name, intended mainly for measuring intensities
of black smoke issuing from a chimney at a distance. The first
measurements for military purposes are probably due to Bertrand,
who made numerous comparative studies with his “salle
opacimetrique.” This was a room 23 × 14 × 3.6 meters, with 7
windows. Two doors, one provided with 3 oculars 2 cm. in diameter,
gave access to the room. On the other door, opposite the first, were
hung several black signs. Six pairs of columns were spaced along
the room at measured distances. When a smoke is produced in the
room, the black paper signs first become invisible, then the door
itself, and finally the columns, pair by pair. They reappear in the
reverse order, and as a measure of relative opacity Bertrand took the
time elapsing between the detonation and the reappearance of the
farther door.
Fig. 89.—Tyndall Meter.
 Fig. 90.—Cottrell Precipitation Tube.

Smoke Box. The smoke box, used by the C. W. S., was

constructed of wood with tight joints, and had a moveable brass rod
running through it to which was attached a small size 25-Watt Mazda
lamp. The density of each smoke introduced in the box is determined
by moving this lamp back and forth until a point is reached when the
pattern of the filament can just be distinguished by the observer
looking in at the glass window, external light being excluded by a
black cloth. The thickness of the smoke layer between the glass
window and the light is recorded as the measure of the smoke
density. For field tests, a larger box, 6 × 8 × 8 feet (288 cubic feet)
was constructed. The observation light was moveable in a line
connecting the mid-points of opposite sides of the box. To insure
uniform distribution of smoke, a fan with 18-inch blade revolved at
any desired speed between 60 and 250 r.p.m. With this, results are
obtained indicating both the original density and its stability.
Tyndall Meter. The Tyndall meter was first devised for studying
smokes and mists. Tolman and Vliet adapted it to Chemical Warfare
purposes, and used it in studying the properties of smokes.
The apparatus (Fig. 89) consists eventually of an electric light
bulb, a condensing lens giving a beam of parallel light which passes
through the diaphragm, and a Macbeth illuminometer for measuring
the strength of the Tyndall beam. In case the material is a liquid
suspension or solution, it is introduced into a cylindrical glass tube,
while smokes and mists are premixed directly through the apparatus.
The long closed tubes are provided, respectively, for absorbing the
beam after it has passed through the disperse system and for giving
a dark background for observing the Tyndall beam. Methods of
standardization are given in the Journal of the American Chemical
Society, 41, 299.
A third method for analyzing smokes consists in the use of an
electrical precipitator. This apparatus consists essentially of a
modified Cottrell Precipitator, with a central wire as cathode
surrounded by a cylindrical foil as anode (Fig. 90). The smoke to be
analyzed is drawn through the apparatus at a known rate, and the
particles of smoke precipitated on the foil by means of a high
voltage, direct current. The determination of concentration is made
by weighing the foil before and after precipitation.

Apparatus for Smoke Production

Smoke Box

The smoke box was developed for the Navy for use when it was
desirable to have the smoke screen generated away from the ship.
(The smoke funnel, described later, was operated on board ship).
The float consists of an iron container (holding the smoke mixture)
surrounded by an iron float to support the apparatus when it is
thrown into the water (Fig. 91). The iron container consists of a
cylinder 22 inches high and 10 inches in diameter. One inch holes
are bored 1½ inches from the top of this cylinder, from which the
smoke is emitted. The iron float is about 2 feet in diameter and 8
inches deep. This box holds approximately 100 pounds of smoke
mixture, and is so constructed that it will float one hour. When
ignited, the mixture burns 9 to 9½ minutes. The smoke produced has
a T. O. P. of about 1900. Fig. 92 shows the Navy Smoke Box in
action.
Fig. 91.—Navy Smoke Box.
 Fig. 92.—Navy Smoke Box in Action.

Smoke Candle

Smoke candles are used for producing a cloud of smoke for

screening purposes in or behind the lines. They are made by
packing about three pounds of the modified Berger Mixture in a
container (Fig. 93) (galvanized can 5¼ inches by 3½ inches) and are
lighted by means of the match head type of ignition. Smoke is given
off at a uniform rate for about 4 minutes, forming a dense, fog-like
cloud which hangs low (Fig. 94). This smoke is absolutely harmless,
and can be breathed without discomfort. The obscuring power is
high and, with a favorable wind, a small number of the candles will
produce a screen sufficiently dense to allow operations to be carried
out unseen by the enemy.
 Fig. 93.—B. M. Smoke Candle.

Smoke Grenade

The smoke grenade is also designed for use in trench and field
warfare, where it is desired to produce a dense smoke screen. It is
made by packing 340 grams of the standard smoke mixture in an
ordinary light metal gas grenade. Around the top of the grenade are
vents closed by a zinc strip. The ignition is caused by the standard
bouchon when the grenade is thrown. The heat of the reaction burns
through the zinc strip and a dense cloud of smoke is evolved for 45
seconds.
 Fig. 94.—Smoke Cloud from B. M. Candle.

Stannic chloride has also been used extensively in hand

grenades, as it gives a very disagreeable cloud of smoke upon
detonation. Due to the high prices and urgent need of tin for other
purposes, silicon tetrachloride was substituted for tin tetrachloride
towards the close of the war. A mixture of silicon tetrachloride and
chloropicrin was also used. This not only gives a very good smoke
cloud, but combines with it the toxic properties of the chloropicrin
cloud.
The method of firing the smoke grenade is the same as that of
any grenade using the same type of bouchon. Usually the grenade is
grasped in the hand for throwing in such a manner that the handle of
the bouchon is under the fingers. The safety clip is pulled out with
the other hand and the grenade is thrown with an overhand motion.
When the grenade leaves the hand, the handle of the bouchon flies
off, allowing the trigger to hit the cap which ignites the fuse.
 The white phosphorus combined hand and rifle grenade became
the standard smoke grenade by the end of the war. Stannic chloride
was used to clear out dugouts, but not as a smoke producer.

Stokes’ Smoke Shell

Fig. 95.—Stokes’ Smoke Shell.

The Stokes’ smoke shell was perfected to furnish a means of

maintaining the best possible smoke screen at long ranges by
means of an easily portable gun. The 3-inch Stokes shell, as
adapted for combustion smokes, weighs about 13 pounds and
contains about 4 pounds of standard smoke mixture. This shell is
designed to produce a continuous screen over a period of 3 to 4
minutes.

Livens Smoke Drum

 The Livens smoke drum was designed for use with the 8-inch
Livens projector, so as to produce a smoke screen of large volume
and long duration at long ranges. The drum, as adapted for
combustion smokes, weighs 17.5 pounds empty and 49 pounds
loaded. The smoke-gas mixture was specially adapted for use in the
Livens drum.

Fig. 96.—Livens Smoke Bomb.

Smoke mixtures in Livens were never used to any considerable

extent in the war and it is questionable if they ever will be. A Livens
can usually only be fired once before resetting, hence Stokes
mortars are used whenever possible.
 Smoke Funnel

The smoke funnel was developed for the production of a white

smoke cloud from the stern of a vessel. The smoke producing
materials are liquid ammonia and silicon tetrachloride, with carbon
dioxide as a compressing medium. This is the most satisfactory
compressing medium, because: (1) The silicon tetrachloride is forced
out at nearly constant pressure. (2) The carbon dioxide is easily
compressed to a liquid and can be handled in this form. Further, it
has a vapor pressure of 800 pounds at 60° F., and a cylinder can be
nearly emptied without loss in efficiency. (3) Carbon dioxide is
sufficiently soluble in silicon tetrachloride to cause the latter to
effervesce and thus materially aid in its evaporation on spraying. (4)
Liquid carbon dioxide, behaving in a manner similar to liquid
ammonia, affords a means for the silicon tetrachloride to “keep pace”
with the ammonia, under changes in temperature, and thus ensures
a more nearly neutral, and therefore the most effective, smoke.

Fig. 97.—Navy Smoke Funnel.

 The smoke funnel proper consists of an open end cylinder, about
2 feet in diameter and 7 feet long, mounted in a horizontal position
on an angle iron frame. At one end is an 18-inch fan securely
fastened to the cross supports. This fan is operated by hand, through
gears giving a ratio of about 30 to 1. The silicon tetrachloride enters
the cylinder through a pipe, which terminates in four spray nozzles,
while the ammonia enters through a single nozzle. The air forced
into the funnel serves to hydrolyze the silicon tetrachloride and mixes
the vapors. The resulting reaction evolves a dense white cloud of
very large volume and high obscuring power. One set of cylinders is
capable of maintaining this cloud for over 30 minutes. Under normal
conditions the discharge is at the rate of 2 pounds of silicon
tetrachloride to 1 pound of ammonia. To stop the smoke, the silicon
tetrachloride is closed first, the ammonia allowed to run about half a
minute, and the fan is shut off last.

Fig. 98.—Navy Smoke Funnel in Operation.

Smoke Knapsack
 The smoke knapsack furnishes a portable apparatus for smoke
production. The gross weight is about 70 pounds; when in operation
it gives a dense white smoke for about 15 minutes. The operation
may be intermittent or continuous and the quantity of smoke is
sufficient to completely hide one platoon of men in skirmish
formation with a 5-mile per hour enfilade wind. The apparatus
consists of two steel tanks about 26 inches in height and 6 inches in
diameter. From the side of each tank, but near the bottom, extends a
short pipe on which is placed a suitable valve. A flexible armored
hose connects the valve to a short length of pipe which is equipped
with spray nozzle. The cylinders are charged with silicon
tetrachloride and ammonia under pressure. The valves may be
operated with the left hand, while the sprayer apparatus is held in the
right. The release buckles are within easy reach of both hands.

Shell

While many special devices have been developed by means of

which the gas troops and infantry are able to set up smoke clouds on
short notice, the smoke shell, fired by the artillery, always played an
important part in this work. In the same way that a large number of
the poison gases were adapted to artillery use, so were most of the
smoke producing substances.
As a filler for smoke shell, phosphorus easily ranks first, and is
approached only by sulfur trioxide in very humid weather. A rough
approximation to the relative values of some of its rivals is given in
the following table:
White phosphorus 100
Sulfur trioxide 60-75
Stannic chloride 40
Titanium chloride 25-35
Arsenic chloride 10
Comparison of the value of different forms of phosphorus for shell
purposes has invariably pointed to the superiority of the white
variety. Mixtures of white and red (2 to 1) have also proved effective.
A complete barrage over a front of 200 yards can be established
in from 40 seconds to 1 minute and maintained by firing a salvo
followed by battery fire of 3 seconds. Four 4.5-inch howitzers could
maintain an effective barrage over a front of 1000 yards. The
influence of sunshine is very marked, as in moist, cool weather one
shell every 15 seconds is sufficient.

Fig. 99.—Smoke Screen for Tanks.

Screening Tanks
Tests have demonstrated (see Fig. 99) that successful smoke
screens for tanks may be produced by spraying oleum into the
exhaust. On a 7-ton tank of the Renault type (40 H. P.) 110 cc. per
minute produced a large volume of smoke, which had excellent
covering power, and which could be made intermittent or continuous
at will.