Law Commons^™

International Protection Of Computer Programs, Dale L. Carlson

Syracuse Journal of International Law and Commerce

This Comment is designed to acquaint the international lawyer with various considerations which underlie the obtaining of copyright and patent protection for computer programs. Both patent and copyright protection are considered in view of the statutory provisions of several technologically developed countries-the United States, Canada, the United Kingdom and the Soviet Union. In addition, the statutory provisions of the various countries are related to the particular ideologies of the administrative agencies which implement the patent and copyright laws within each jurisdiction.

Back Matter

Syracuse Journal of International Law and Commerce

Recent cases and book reviews.

The State As A Secular Phenomenon, Erhard Mock

Syracuse Journal of International Law and Commerce

In all his works Julius Stone has always put stress on the importance of historical reflection. Therefore, the author wishes to dedicate to Professor Stone this essay which deals from a Continental point of view with the historical background of one of the most fundamental principles of the modem state. This is the development of the secular character of the state. The essence of this. process (which predated the rise of the Continental democracies) is that the state as such is not to be identified with any religious or ideological position, thus guaranteeing the plurality of society.

A Synopsis Of Canadian Immigration Law, John Hucker

Syracuse Journal of International Law and Commerce

During the century which has elapsed since Confederation, a continuing feature of Canadian law has been the extensive use made of subordinate legislation and administrative powers to control the flow of immigrants. As well as being few and far between,3 successive Immigration Acts have included broad regulation-making authority, which has permitted the implemention and adjustment of governmental policy without the necessity of statutory amendment. To obtain a realistic picture of contemporary Canadian immigration law it is, therefore, necessary to examine a considerable array of regulations, whose practical significance frequently outweighs that of the legislation itself

The Petrodollar Energy Crisis: An Overview And Interpretation, Abbas Alnasrawi

Syracuse Journal of International Law and Commerce

Any meaningful analysis of the current petrodollar situation requires an understanding of the evolution of relationships between oil companies and the governments of the oil producing countries during the first half of this century, due to the great influence these relationships have had on the present situation. This paper hope to present an understanding of these dynamic players during the 20th century.

Following In Another's Footsteps: The Acquisition Of International Legal Standing By The Palestine Liberation Organization, Robert A. Fisher

Syracuse Journal of International Law and Commerce

The Palestine Liberation Organization (PLO) is a public body which has been accorded certain international legal standing. The purpose of this Comment is to chronicle the acquisition of that standing by reference to identifiable stages in a similar process undertaken by the Zionist Organization/Jewish Agency for Palestine. This kind of analysis should illustrate not only how international law bears upon Middle Eastern developments, but also how international practice of the last half century has allowed peoples such as the Jews and Palestinians to attain legal standing, as a vehicle for acquiring territorial sovereignty.

Bank Secrecy: The End Of An Era?, Milton Steven Blaut

Syracuse Journal of International Law and Commerce

Over the past decade legitimate businesses and organized crime have substantially increased their use of financial institutions in order to circumvent various U.S. laws. In 1969 the covert transfer of proceeds from narcotics trafficking, securities frauds, income tax evasion, S.E.E. margin violations and other illegal activities to secret foreign bank accounts constituted a significant portion of the U.S. balance of trade deficit. Congress responded to this problem by passing the Bank Secrecy Act of 1970 which has recently been upheld as constitutional by the Supreme Court, and is considering the United States-Switzerland Treaty on Mutual Assistance in Criminal Matters. This …

Thoughts On Practicing International Law, Richard Young

Syracuse Journal of International Law and Commerce

Many of the disputes that arise in international law mirror those in private and public practice law, the major difference being on an international scale the actors are different. The same set of skills lawyers bring to the equation are the same, with negotiation taking center stage. The author presents a thoughtful discussion of what qualities a lawyer should posess if he or she wishes to enter international law.

The Counter-Formula Method And Its Applications In International Judicial Reasoning, Gabriel Moens

Syracuse Journal of International Law and Commerce

Julius Stone has pointed out that in view of the limited range of international judicial power and the corresponding necessity of restrained and careful reasoning, the contributions of international judges deficient in stringency of reasoning would lack the persuasive force so much required by the feebleness of the execution machinery of international judicial decisions. An efficient logical decisionprocedure, as the counter-formula method promises to be, would therefore be a much needed intellectual tool for international judges and other international lawyers.

On The Objective Foundation Of Natural Law Norms, Ilmar Tammelo

Syracuse Journal of International Law and Commerce

It may well be that the term "natural law" has outlived its usefulness and that it should be replaced by another expression, under whose label that which is sound and of continued value in natural law thought would have a better chance to assert itself. However, an appropriate alternative term for "natural law" does not seem to be readily available.

Petrodollars-The Recycling Problem: Some Introductory Remarks, David M. Sassoon

Syracuse Journal of International Law and Commerce

Whatever the actual size and volume of surplus funds that ultimately accrue to the oil producing countries as a result of the quadrupling of oil prices in late 1973 and early 197 4, there is no doubt that a dramatic and unprecedented shift in financial resources from the oil importing to the oil exporting countries has occurred. This trend will continue for at least the immediate future and probably will not reverse before the end of this decade, when new or alternative energy sources and changes in consumption patterns may begin to show their effects. To be sure, early forecasts …

Bargaining Power And Strategy In The Foreign Investment Process: A Current Andean Code Analysis, Frederick M. Abbott

Syracuse Journal of International Law and Commerce

An overview and analysis of the Andean Common Market (ANCOM).

Polemic In The International Court Of Justice, Timothy C. Mack

Syracuse Journal of International Law and Commerce

Jurisprudence, used as a technical term, has two meanings of equal currency, referring both to a philosophy of law and a science which "treats of the principles of positive law and legal relations." These meanings are vastly different in import. "Philosophy" suggests speculation and ideology, while "science" suggests fact and functionalism. Jurisprudence, like any discipline of observation and conclusion, can be a very useful tool in the legal analysis of one's own work and the work of others. The science, with its clear sight and objective standards, is obviously more dependable than the polemics of philosophy, and therefore the sole …

Legal Sociology And Historical Materialism, Johann J. Hagen

Syracuse Journal of International Law and Commerce

This paper presents a dialogue between legal sociology and historical materialism, highlighting their arguments, illustrating their positions and defining Julius Stone's place in the debate.

Revolution-A Spiritual Phenomenon: A Study In The History Of Ideas, Henry E. Strakosch

Syracuse Journal of International Law and Commerce

The irrational and utopian note of the revolution remained constant through its long and eventful history. I will try to show that the idea of modern revolution is not simply an attack on an established authority, but a phenomenon sui generis, i.e., an attack on order as such, based on an identifiable metaphysical position. The present article may be regarded as an attempt to contribute through an uncovering of the spiritual roots of the revolution, to an understanding upon which depends the survival of personal values in the social order, at a time when that order seems threatened from without …

Contents

Syracuse Journal of International Law and Commerce

Contents and table addenda

Recycling The Petrodollar: Current Problem, Future Opportunity, Donald M. Pattillo

Syracuse Journal of International Law and Commerce

Have the U.S. balance of payments position and the value of our currency in relation to other national currencies been weakened by the increased petroleum prices? The answer is not self-evident. While increased imported oil prices have undoubtedly caused certain difficulties in the U.S. economy and in the BOP, it is entirely possible that over the long-term this situation could be economically advantageous to the United States. This paper seeks to illustrate the multifaceted dimension of currency movements and how money moves through the world's economy.

Back Matter

Syracuse Journal of International Law and Commerce

Book reviews

The Pragmatic Realism Of Julius Stone, Milton R. Konvitz

Syracuse Journal of International Law and Commerce

If realism and impossible ideals are both relevant for judgment, if one sees all the ironies and ambiguities in the wills and actions of men and nations and yet refuses to accept the actual or historical as normative, how does one find an adequate rubric to do justice to such a dialectical position? This essay seeks to answer this question in relation to the disposition to Julius Stone.

Julius Stone And The Adventure Of The Idea Of Justice, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

In developing the theory of an emergent international enclave of justice, Stone seeks to suggest alternative arguments regarding assistance to the developing communities of mankind which could interrelate the mutual compassion of peoples and long-term political and economic prudence. His thesis gives concreteness to notions of what is feasible, rather than what is ideal, in international economic justice.

The Meaning And Role Of Prescriptive And Descriptive Statements: Particularly In The Legal Universe Of Discourse, Ivanhoe Tebaldeschi

Syracuse Journal of International Law and Commerce

In a sense, any positive legal system can be considered as a body of prescriptive statements. Prescriptive statements represent indications of models of conduct. They include most often the linguistic expression "ought" (or "ought not") which works as a link between the grammatical subject and the predicate of the relevant sentence. Accordingly, prescriptive statements have also been called "ought-statements." This name has been mainly adopted in order to contrast prescriptive statements with descriptive statements, which are accordingly called "is-statements."

Another label for prescriptive statements is "deontic statements" or "statements having a deontic quality." Deontic quality imports a conceptual reflexion or …

International Law-Making And The Judicial Process: The World Court And The French Nuclear Tests Case, Edward Mcwhinney

Syracuse Journal of International Law and Commerce

For the student of sociology of law (and especially for one in the tradition of Julius Stone) the most interesting aspects of the French Nuclear Tests case are those concerning the international lawmaking process, and the special political-institutional role of the World Court in comparison to other organs of world community policy-making. This paper examines the legal dimensions and opinions of the Australia-New Zealand complaint against the French high-altitude nuclear bomb tests of the early 1970's and how it played out in the World Court.

A Tribute To Julius Stone On His Retirement From The Challis Chair, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

Honoring Julius Stone on his retirement from Sydney University Law School.

Black Lawyers And Corporate And Commercial Practice: Some Unfinished Business Of The Civil Rights Movement, John T. Baker

Articles by Maurer Faculty

No abstract provided.

Kentucky Law Survey: Commercial Law, Harold R. Weinberg

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of commercial law. The focus of this survey is whether a creditor’s statutory prejudgment remedies, which involve an application of state authority, are constitutional under the due process clause of the fourteenth amendment.

Kentucky Law Survey: Commercial Law, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.