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Full-Text Articles in Law

Front Matter Jan 1992

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.


Re-Thinking Self-Determination: A Critical Analysis Of Current International Law Theories, Deborah Z. Cass Jan 1992

Re-Thinking Self-Determination: A Critical Analysis Of Current International Law Theories, Deborah Z. Cass

Syracuse Journal of International Law and Commerce

The aim of this paper is to demonstrate the need to re-think the principle of self-determination by establishing that an undesirable level of uncertainty exists regarding the usage of the term, and to show that a major cause of the confusion is due to the inadequacy of conventional approaches. These objectives will be achieved by identifying and evaluating conflicting approaches toward the meaning of self-determination, proposing an explanation for why the debate has evolved and suggesting which approach best serves the needs of the international community.


Investing In Democracy: Joint Venture Opportunities In The Czech And Slovak Federal Republic, Kristina Smith Jan 1992

Investing In Democracy: Joint Venture Opportunities In The Czech And Slovak Federal Republic, Kristina Smith

Syracuse Journal of International Law and Commerce

The purpose of this Note is to assess the potential for successful business ventures in the C.S.F.R. in relation to the 1990 amendments to the Act. This Note will first discuss the needs and concerns of U.S. business persons who, until now, have been hesitant to join their Western European counterparts in establishing a business presence in the Eastern European marketplace. It will then analyze the Act and determine whether the 1990 amendments sufficiently remove traditional legal barriers to foreign equity investment in the C.S.F.R. Finally, this Note concludes that there are numerous economic and political measures, embodied in both …


1990-91 Survey Of International Law In The Second Circuit, Douglas Hollowell Jan 1992

1990-91 Survey Of International Law In The Second Circuit, Douglas Hollowell

Syracuse Journal of International Law and Commerce

WARSAW CONVENTION : Victoria Sales Corp. v. Emery Air Freight Inc., 917 F.2d 705 (2d Cir. 1990); Recovery of money damages afforded under article 18 of the Warsaw Convention does not extend to loss of cargo outside the physical boundaries of an airport . In re Air Disaster At Lockerbie, Scotland (Rein v. Pan American World Airways, Inc.), 928 F.2d 1267 (2d Cir.), cert. denied, 112 S. Ct. 331 (1991); Punitive damages are not recoverable under article 17 of the Warsaw Convention even in the case of willful misconduct by an airline. C. Sulewski v. Federal Express Corp., 933 F.2d …


German Jewish Refugee Lawyers Abroad: The Bonn Conference Of 1991, M. H. Hoeflich Jan 1992

German Jewish Refugee Lawyers Abroad: The Bonn Conference Of 1991, M. H. Hoeflich

Syracuse Journal of International Law and Commerce

During World War I, Jews were allowed to serve in the German armed forces. Gradually Jews were permitted to practice the professions, including law. By the time of the establishment of the Weimar Republic after the war, Jewish lawyers had assumed a major role in the profession and were amongst the most well-known practitioners and law professors. With the accession to power of Hitler and the National Socialist party in the 1930s, however, things changed radically. They were deprived of their rights and dismissed from their jobs. During the period from 1933 to 1941, when escape became impossible, a few …


Mexico's New Foreign Investment Regulations: A Legal Analysis, J. H. Kepner Jr. Jan 1992

Mexico's New Foreign Investment Regulations: A Legal Analysis, J. H. Kepner Jr.

Syracuse Journal of International Law and Commerce

new Regulations seem to open Mexico up for foreign investment, they cause potential legal problems of which an investor must be aware. The Regulations are vague and confusing in many areas, and the Mexican government exercises great discretion in interpreting many of its provisions. Moreover, the Regulations, as they are written, appear to violate certain provisions of Mexico's Constitution. 7 If so, a potential investor may one day find, that though he followed the Regulations to the letter, he nonetheless violated Mexican law. This could have serious ramifications for both himself and his investment.


The Law Professor Refugee, Bernhard Grossfeld, Peter Winship Jan 1992

The Law Professor Refugee, Bernhard Grossfeld, Peter Winship

Syracuse Journal of International Law and Commerce

Jurists operate with, and think in, language; it is a matter of life or death for their professional activity. When their linguistic environment is changed, they lose their natural freedom of expression. They are thrown into the cage of a foreign language - a language that will seldom come as naturally as is necessary to express their creativity. He often loses his emotional and intellectual identity! In this essay we seek to cast light on this loss of identity. In doing so, we hope to bring out from the shadows some of the frustrations and tribulations of the law professor …


The New World Order And The Rule Of Law, John Quigley Jan 1992

The New World Order And The Rule Of Law, John Quigley

Syracuse Journal of International Law and Commerce

This article reviews the United States' recent practices, both executive and congressional, to assess whether they bespeak an adherence to the rule of law. The article explores two aspects of United States practice: the extent to which the United States works cooperatively through international organizations, and the frequency with which it resorts to use of armed force.


International Law And The United Nations' Role In The Gulf Crisis, Shaw J. Dallal Jan 1992

International Law And The United Nations' Role In The Gulf Crisis, Shaw J. Dallal

Syracuse Journal of International Law and Commerce

This article will examine the historical background which precipitated Iraq's invasion, occupation and annexation of Kuwait. It will also examine the political and legal aspects of the U.N. Security Council's resolutions pertaining to Iraq's actions against Kuwait. Finally, it will examine the legitimacy in international law of the use of force against Iraq by the U.S. and its coalition partners.


Canada's Constitutional Crisis After Meech Lake: Setting A New Course For A European Union?, Anthony J. Davis Jan 1992

Canada's Constitutional Crisis After Meech Lake: Setting A New Course For A European Union?, Anthony J. Davis

Syracuse Journal of International Law and Commerce

The purpose of this Note is to analyze whether the European Union is a viable solution to Canada's disintegrating constitutional order. Part II will discuss the historical background of the present constitutional order of Canada. It will examine the historical, political and social context that brought about changes in Canada's basic laws. In part III, the impact that the Meech Lake Accord would have had on the present constitutional framework in Canada and the events after its failure will be analyzed. Part IV will provide an overview of the historical context of the European Union's creation and the fundamental principles …