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Full-Text Articles in Law

Frontmatter Sep 1984

Frontmatter

Syracuse Journal of International Law and Commerce

No abstract provided.


The Status Of The Gulf Of Sirte In International Law, Francesco Francioni Jan 1984

The Status Of The Gulf Of Sirte In International Law, Francesco Francioni

Syracuse Journal of International Law and Commerce

This article examines whether Libya's declaration that the Gulf of Sirte is part of its territory is lawful.


The Trade And Tariff Act Of 1984: From The Customs Treatment Of Manhole Covers To The Return Of Goods From Outer Space, N. David Palmeter Jan 1984

The Trade And Tariff Act Of 1984: From The Customs Treatment Of Manhole Covers To The Return Of Goods From Outer Space, N. David Palmeter

Syracuse Journal of International Law and Commerce

The Trade and Tariff Act of 1984 (TTA) began life as a Miscellaneous Tariff Bill, but became the vehicle to which other, more significant, trade measures were attached.


The Impact Of Security Concerns Upon International Economic Law, David D. Knoll Jan 1984

The Impact Of Security Concerns Upon International Economic Law, David D. Knoll

Syracuse Journal of International Law and Commerce

Having raised the question of whether differently structured economies can both gain from trade and retain a sense of national security, this paper seeks to analyze the progress of international economic law in regulating the interface between trade and defense policies.


Back Matter Jan 1984

Back Matter

Syracuse Journal of International Law and Commerce

ANNUAL SYMPOSIUM ANNOUNCEMENT and Index


International Regulation Of Pharmaceuticals: A Who International Code Of Conduct For The Marketing Of Pharmaceuticals? Jan 1984

International Regulation Of Pharmaceuticals: A Who International Code Of Conduct For The Marketing Of Pharmaceuticals?

Syracuse Journal of International Law and Commerce

The international pharmaceutical trade is important to both exporting and importing countries. Exporting countries are concerned with maintaining and further expanding their foreign pharmaceutical markets.1 Importing countries, especially developing or less developed countries (LDC's),2 are concerned with the price and quality of drugs that they import.3 Poor and newly independent states that have no pharmaceutical industry of their own are the most vulnerable in the international pharmaceutical trade. They must rely on exports from the more developed nations. The likelihood of these LDC's importing drugs of unacceptable quality. is high6 because they usually buy at the lowest prices available and …


Is The Gulf Of Taranto An Historic Bay?, Natalino Ronzitti Jan 1984

Is The Gulf Of Taranto An Historic Bay?, Natalino Ronzitti

Syracuse Journal of International Law and Commerce

This article examines the question of whether the Gulf of Taranto in Italy is an historic bay.


Book Reviews Jan 1984

Book Reviews

Syracuse Journal of International Law and Commerce

Book review of LOYALTIES by Daniel Patrick Moynihan. San Diego: Harcourt Brace Jovanich (1984) and book review of CULTURES IN COLLISION-A CANADIAN-U.S. CONFERENCE ON COMMUNICATIONS POLICY. Foreward by Goodwin Cooke. New York: Praeger, 1984.


The Recovery Of Hong Kong By The People's Republic Of China--A Fifty Year Experiment In Capitalism And Freedom, Christian C. Day Jan 1984

The Recovery Of Hong Kong By The People's Republic Of China--A Fifty Year Experiment In Capitalism And Freedom, Christian C. Day

Syracuse Journal of International Law and Commerce

This article analyzes the 1984 UK-PRC agreement which returned Hong Kong to China, and argues that this unique experiment, involving fundamentally dissimilar societies, will permit Hong Kong to flourish and that the PRC must respect the terms of the agreement for sound economic, political, and diplomatic reasons.


International Law & International Order, Daniel Patrick Moynihan Jan 1984

International Law & International Order, Daniel Patrick Moynihan

Syracuse Journal of International Law and Commerce

It is just a quarter-century since I first came to Syracuse University to teach at the Maxwell School. Sobered by the discovery that elections can be lost as well as won, I settled down and promptly finished my doctoral dissertation in the field of international law and organization. In time, along with Harlan Cleveland, then Dean at Maxwell, I left to join the Kennedy Administration. He became Assistant Secretary of State for International Affairs and, generous as always, he saw to it that I had a small hand in such matters, beginning an involvement that has been more or less …


Book Review: Japanese Business Law And The Legal System By Elliot J. Hahn. Westport, Connecticut: Quorum Books (1984)., Brigitte Herzog Jan 1984

Book Review: Japanese Business Law And The Legal System By Elliot J. Hahn. Westport, Connecticut: Quorum Books (1984)., Brigitte Herzog

Syracuse Journal of International Law and Commerce

This review offers the reviewer's perception of the strengths and shortcomings of Eliot J. Hahn's book, Japanese Business Law and the Legal System.


Historic Bays Of The Mediterranean: A Conference Sponsored By Syracuse University And The University Of Pisa, Goodwin Cooke Jan 1984

Historic Bays Of The Mediterranean: A Conference Sponsored By Syracuse University And The University Of Pisa, Goodwin Cooke

Syracuse Journal of International Law and Commerce

On every continent, and since time practically immemorial, nation states have invoked the phrase "historic bays" to assert sovereignty over waters which would otherwise be part of the high seas. This foreword introduces the issues raised in regard to historic bays at a conference held in New York City, October 12-13, 1984.


The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman Jan 1984

The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman

Syracuse Journal of International Law and Commerce

The author examines the issue of coastal indentations in relation to the international law of the sea and argues that Professor Natalino Ronzitti has erroneously concluded that the Gulf of Taranto is an historic bay.


Foreign Sales Corporations: A New Form Of Tax Relief For Exporters, Stanley J. Marcuss, Kathryn Hoff-Patrinos Jan 1984

Foreign Sales Corporations: A New Form Of Tax Relief For Exporters, Stanley J. Marcuss, Kathryn Hoff-Patrinos

Syracuse Journal of International Law and Commerce

This article compares the U.S. export incentives, the Domestic International Sales Corporation (DISC) and the newer Foreign Sales Corporation (FSC), and concludes that the complexities of the FSC will make achieving the objective of reducing the tax on imports a challenge to lawyers and accountants alike.


The Law Of The Sea: Anadromous And Catadromous Fish Stocks, Sedentary Species, And The Highly Migratory Species, John Warren Kindt Jan 1984

The Law Of The Sea: Anadromous And Catadromous Fish Stocks, Sedentary Species, And The Highly Migratory Species, John Warren Kindt

Syracuse Journal of International Law and Commerce

The fishing industry has been important to many nations of the world since mankind first sailed the ocean. The diets and economies of many nations are still inextricably linked to the sea. Prior to 1900, the international fishing fleets were guided only by the principle of "catch-as-catch-can." Demand seemed relatively light when contrasted with the seemingly endless supply, and fishing had little effect on the international stock of fish. In addition, the gain to be realized by restricting access and extending jurisdictional claims over the ocean was slight in comparison to the costs of enforcing an exclusive access system. The …


1983-1984 Survey Of International Law In The Second Circuit, Patricia J. Youngblood Jan 1984

1983-1984 Survey Of International Law In The Second Circuit, Patricia J. Youngblood

Syracuse Journal of International Law and Commerce

During 1983 and 1984, the United States Court of Appeals for the Second Circuit and the New York Court of Appeals decided significant cases raising issues of international law and of domestic law presented in international contexts.


Front Matter Jan 1984

Front Matter

Syracuse Journal of International Law and Commerce

Front cover, Editorial board of advisors, Table of contents, Publication information, College of Law administration and faculty, Editorial Board


Recent Developments: Rehearing Granted: Allied Bank International V. Banco Agricola Credito De Cartago And The Current International Debt Crisis Jan 1984

Recent Developments: Rehearing Granted: Allied Bank International V. Banco Agricola Credito De Cartago And The Current International Debt Crisis

Syracuse Journal of International Law and Commerce

The United States District Court for the Southern District has ordered a rehearing of the ruling in Allied Bank International v. Banco Agricola Credito de Cartago1 (Allied). This is well received news in the banking community because the magnitude of foreign debt, especially to Latin and South American countries, is at an all time zenith. The early 1970's evidenced an unprecedented American growth in banking when United States banks expanded their international operations.2 The potential for future loan activity may be affected to a considerable extent, depending on how Allied is decided upon rehearing.


Countertrade And Export Trading Companies: Has The United States Joined The Successful Trading Game Of Japan And Others?, Lori-Ann Ricci Jan 1984

Countertrade And Export Trading Companies: Has The United States Joined The Successful Trading Game Of Japan And Others?, Lori-Ann Ricci

Syracuse Journal of International Law and Commerce

The purpose of this article is to examine the use of countertrade and export trading companies in the United States.


Back Matter Jan 1984

Back Matter

Syracuse Journal of International Law and Commerce

Law journal advertisements, Back cover


Copyright Protection For Computer Software: An International View Jan 1984

Copyright Protection For Computer Software: An International View

Syracuse Journal of International Law and Commerce

The best method for protection of computer software has been a topic of debate and considerable controversy during the past few decades both in the United States, and in technologically advanced countries throughout the world. Current legal theories of protection include patent, trade secret and copyright law. Although each theory has its particular merits, this Note will focus on the growing trend toward copyright protection for computer software.


The Delimitation Of Territorial Waters In The Mediterranean Sea, Andrea De Guttry Jan 1984

The Delimitation Of Territorial Waters In The Mediterranean Sea, Andrea De Guttry

Syracuse Journal of International Law and Commerce

This article focuses on the delimitation of territorial waters in the Mediterranean Sea.


Foreign Sales Corporations: A Viable Solution To The Disc Controversy? Jan 1984

Foreign Sales Corporations: A Viable Solution To The Disc Controversy?

Syracuse Journal of International Law and Commerce

The Foreign Sales Corporation Act of 1983 (FSC)1 was introduced in Congress on August 4, 1983 as a replacement for the embattled ten year old tax export aid, the Domestic International Sales Corporation (DISC).2 Given the criticism which has plagued DISC since its inception in 1971, this year's enactment of FSC is indeed a welcome change. However, as a solution to the DISC controversy under the General Agreement on Tariffs and Trade (GATT),3 or as a comparable incentive to DISC, FSC is arguably somewhat lacking.


Historic Bays In International Law--An Impressionistic Overview, L. F. E. Goldie Jan 1984

Historic Bays In International Law--An Impressionistic Overview, L. F. E. Goldie

Syracuse Journal of International Law and Commerce

This paper takes up the traditional concept of historic bays as one time-honored basis for asserting national claims at the expense of the common high seas, which, however, unlike some of the more recent forms of decentralized enclosures, purports to rely on, or should rely on, a specific, objective, and clearly articulated definition, rather than on a subjective one.


Front Matter Jan 1984

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.


The Implementation Process Of The International Code Of Marketing Of Breastmilk Substitutes Jan 1984

The Implementation Process Of The International Code Of Marketing Of Breastmilk Substitutes

Syracuse Journal of International Law and Commerce

The passage of the World Health Organization (WHO) "International Code of Marketing of Breastmilk Substitutes" (Code of Breastmilk Substitutes) in May of 1981 marked a great achievement in the fight for improved infant health, but did not signify a lasting solution to the problem of poor marketing practices of infant formula manufacturers. The implementation of the Code of Breastmilk Substitutes is a long and difficult process because the Code was adopted as a recommendation under article 23 of the WHO Constitution, rather than as a regulation. The practical significance of the Code's status as a recommendation is that the Code …


Recent Development: Franklin Mint Corporation V. Trans World Airlines Inc.: Limiting Air Carrier Liability Under The Warsaw Convention, Steven D. Mellema Jan 1984

Recent Development: Franklin Mint Corporation V. Trans World Airlines Inc.: Limiting Air Carrier Liability Under The Warsaw Convention, Steven D. Mellema

Syracuse Journal of International Law and Commerce

This article describes the facts of the 1984 Franklin Mint v. Trans World Airlines court case, providing the relevant background to the case. It also reviews the district court, circuit court, and Supreme Court opinions, with particular attention and analysis given to the Supreme Court opinion, and highlights the significant implications of the case.


Tunisia's Claims Over Adjacent Seas And The Doctrine Of "Historic Rights", Andrea Gioia Jan 1984

Tunisia's Claims Over Adjacent Seas And The Doctrine Of "Historic Rights", Andrea Gioia

Syracuse Journal of International Law and Commerce

This article examines Tunisia's claims to have "historic rights" to the seas along its coasts.