Law Commons^™

International Legal Careers: Paths And Directions, James R. Maxeiner

Syracuse Journal of International Law and Commerce

This contribution first advances the hypothesis that there is no acknowledged path to a career in international legal practice. It then considers the value of international credentials in general in the light of that hypothesis. Finally, it discusses certain education and employment decisions one must make early in one's career.

The European Intergovernmental Conference: An American Perspective, George A. Bermann

Syracuse Journal of International Law and Commerce

the European IGCs invariably also hold interest from a comparative constitutional law perspective. Judged in these terms, the IGC is a highly curious phenomenon. This article seeks to sketch what appear to be the most salient characteristics of the intergovernmental conference as a general instrument of constitutional reform. In so doing, it also examines the fruits of the latest intergovernmental conference-the IGC that opened in Turin, Italy, in March 1996 and culminated in the Amsterdam Treaty of 1997. Finally, it implies some of the ways in which the intergovernmental conference, as a vehicle for constitutional reform, might in the future …

The French Refere Procedure And Conflicts Of Human Rights, Wallace R. Baker, Patrick De Fontbressin

Syracuse Journal of International Law and Commerce

The purpose of this article will be to ascertain to what extent Pierre Drai' s prediction has been realized. We examine cases where the ref ere procedure has been used in private human rights disputes where one party seeks to limit the right of freedom of the press or expression by claiming such right has been used illegally or in an abusive way. We will not deal with human rights violations by member states.

The Presidency Of The Council Of The European Union, Bernhard Schloh

Syracuse Journal of International Law and Commerce

There are five distinctive functions of the Presidency of the Council. They are: as manager of Council business; as a source of political initiatives; as a package-broker in negotiations; as a point of contact with other Community institutions; and as a representative of the Community in external relations. In the following pages, the first three of these functions will be grouped under the heading "The Presidency of the Council, internally," with two subheadings: General considerations, and; Specific comments respectively. The fourth will be enlarged to allow a discussion of the presidency of the European Council, and the fifth has obviously …

U.S. Income Taxation Of Foreign Parties: A Primer, Ernest R. Larkins

Syracuse Journal of International Law and Commerce

Over the last five years for which data are available, the number of foreign corporations showing net income on Form 1120F, U.S. Income Tax Return of a Foreign Corporation, has increased 36.5 percent. [1] In addition, the number of individuals granted temporary stays in the United States as non-immigrants has steadily increased from 9.5 million in 1985 to 24.8 million in 1996, an average annual increase of 9.1 percent. [2] These increases evidence growing opportunities to serve international clients and suggest that tax professionals must have a fundamental working knowledge of the way the U.S. tax system treats foreign parties. …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Economic Espionage: The Front Line Of A New World Economic War

Syracuse Journal of International Law and Commerce

No abstract provided.

The Sps Agreement Of The World Trade Organization And International Organizations: The Roles Of The Codex Alimentarius Commission, The International Plant Protection Convention, And The International Office Of Epizootics, Terence P. Stewart, David S. Johanson

Syracuse Journal of International Law and Commerce

The proper fanctioning of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) of the World Trade Organization (WTO) depends in part upon three international organizations, the Codex Alimentarius Commission (Codex), the International Plant Protection Convention (IPPC), and the International Office of Epizootics (OIE). The SPS Agreement states that the sanitary and phytosanitary (SPS) standards of these organizations are the benchmark international standards for WTO members, and recent WTO decisions demonstrate the importance of international standards in the settlement of WTO disputes involving SPS measures. The Codex, IPPC, and OIE also provide valuable services that benefit the …

1997-1998 Survey Of International Law In The Second Circuit

Syracuse Journal of International Law and Commerce

This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from Aug. 1, 1997 through Aug. 1, 1998. Only those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.

Table of Contents I. Foreign Sovereign Immunity Act II. Forum Non-Conveniens III. Immigration and Nationality Act IV. Quasi-In-Rem Jurisdiction and the Question of Due Process for Foreign Entities V. Warsaw Convention

Sur La Non-Codification Du Droit International Prive Francais, Paul Lagarde

Syracuse Journal of International Law and Commerce

The private international law is essentially positive fran9ais is by the case law of the Court of Cassation, which s is long Leaning on skeletal Article 3 of the Civil Code and prepare today to avoid prolonging the fiction, based on that it calls general principles of private international law and which are only the formulation this same jurisprudence.

American Assistance To Litigation In Foreign And International Tribunals: Section 1782 Of Title 28 Of The U.S.C. Revisited, Hans Smit

Syracuse Journal of International Law and Commerce

In the following, primary consideration will be given to the constructions given to Section 1782 by the courts. My conclusion will be that, on the whole, Section 1782 has served its intended purpose, that, on occasion, some courts have given it a construction that is at odds with both its clear text and evident purpose, but that it is reasonable to expect that, over time, the courts and commentators will fall into line and will apply Section 1782 in a manner consistent with its purpose of facilitating the conduct of litigation with international aspects.

Front Matter And Dedication

Syracuse Journal of International Law and Commerce

Dedication to Professor Peter E. Herzog, CRANDALL MELVIN PROFESSOR OF LAW The Syracuse Journal of International Law and Commerce is greatly honored to dedicate our twenty-fifth issue to Professor Peter E. Herzog. It is with profound admiration and respect that we honor our most senior faculty member here at the College of Law. We can think of no greater way to celebrate the twenty-fifth anniversary of our Journal.

Syracuse Journal Of International Law And Commerce - Vol. 26, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

A Dynasty Weaned From Biotechnology: The Emerging Face Of China

Syracuse Journal of International Law and Commerce

No abstract provided.

Saddam Hussein As Hostes Humani Generis? Should The U.S. Intervene?, Edieth Y. Wu

Syracuse Journal of International Law and Commerce

This article discusses several jurisdictional principles which may assist the United States in its efforts to acquire jurisdiction in certain situations that are declared, by the United States, egregious enough to warrant intervention. The United States has long used the "effects doctrine" 1 to assert extraterritorial jurisdiction. This article concentrates on developing and employing the Hostes Humani Generis Theory 2 and its past and possible future use. The central focus is to determine whether the possibility exists that the United States may use the theory in an effort to acquire physical jurisdiction over Saddam Hussein.

A survey, though not comprehensive, …

Book Review, Henry H. Perritt Jr.

Syracuse Journal of International Law and Commerce

Book Review: Richard Haas, The Reluctant Sheriff: The United States After the Cold War, New York, Council on Foreign Relations (1997)