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Articles 1 - 14 of 14

Full-Text Articles in Law

Technology Transfer In The People's Republic Of China: An Assessment, Stanley J. Marcuss, Arthur R. Watson Jan 1989

Technology Transfer In The People's Republic Of China: An Assessment, Stanley J. Marcuss, Arthur R. Watson

Syracuse Journal of International Law and Commerce

Perhaps the most striking aspect of the trading relationship between the United States and the People's Republic of China is its explosive growth over the last fifteen years. In 1973, the total value of bilateral trade between the U.S. and China was $805 million (up from a mere $5 million just two years earlier). In 1987, this figure reached $10.4 billion - an increase of over 1000 per cent. This growth notwithstanding, the United States is not a commanding presence in the PRC's overall trade picture. The U.S. share of total PRC imports in 1986 (almost $43 billion) is only …


The Present Status Of The Southeast Asian Refugees Under The 1980 Refugee Act: A Call For Reform, Jan H. Klinek Jan 1989

The Present Status Of The Southeast Asian Refugees Under The 1980 Refugee Act: A Call For Reform, Jan H. Klinek

Syracuse Journal of International Law and Commerce

The issue addressed here is whether the Southeast Asian refugee has been fairly dealt with under the Refugee Act of 1980. Part II examines the purposes behind the Refugee Act of 1980. It will show how congressional intent has been displaced by a concern for meeting political and social pressures. Part III and Part IV set forth discussion and recommendations urging the renovation of U.S. refugee policies in order to alleviate the bias prevalent in the existing system. In addition, this Note recognizes the need to balance international humanitarian principles and national limitations in order to develop, a means for …


Law For A World Community, John Quigley Jan 1989

Law For A World Community, John Quigley

Syracuse Journal of International Law and Commerce

Changes in international relations are creating a context for a new role for law. The exigencies of survival require solutions that can be achieved only at a supranational level. In the process, international law is being transformed from a law between and among states to a law that includes international organizations, individual persons, corporations, and other non-state groups. It is moving from a set of negative prohibitions that sought to keep states from injuring each other by acts of violence to a set of positive obligations to preserve and improve life for all. Law is shifting from being an interstate …


Jurisdictional Quagmire: The Implications Of K-Mart Corp. V Cartier, Giovanna M. Cinelli Jan 1989

Jurisdictional Quagmire: The Implications Of K-Mart Corp. V Cartier, Giovanna M. Cinelli

Syracuse Journal of International Law and Commerce

The scope of this article extends solely to reviewing the pressing question of proper jurisdiction as between the CIT and the district courts regarding issues of international trade.


Front Matter Jan 1989

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.


China's New Cooperative Joint Venture Law, Timothy A. Gelatt Jan 1989

China's New Cooperative Joint Venture Law, Timothy A. Gelatt

Syracuse Journal of International Law and Commerce

In the decade since the People's Republic of China (PRC) began opening its doors to foreign investment in the late 1970s, several vehicles have been developed through which foreign firms may invest in the PRC to undertake manufacturing or service projects. The first vehicle to be officially offered to foreigners as a means for investment was the "equity" joint venture (EJV), which was given its legislative basis in a brief 1979 statute, since supplemented by detailed implementing regulations and substantial other legislation. The EJV is a limited liability4 joint venture company formed by one or more Chinese enterprises with one …


Recent Efforts In China's Drive To Promote Investment Through The Protection Of Intellectual Property Rights: The 1988 Trademark Rules And The 1988 Technology Import Contract Rules, Mitchell A. Silk Jan 1989

Recent Efforts In China's Drive To Promote Investment Through The Protection Of Intellectual Property Rights: The 1988 Trademark Rules And The 1988 Technology Import Contract Rules, Mitchell A. Silk

Syracuse Journal of International Law and Commerce

In an attempt to further enhance the investment environment in general, and the protection of intellectual property rights in specific, in January 1988 China promulgated two sets of detailed implementing rules under the Trademark Law and the Regulations on the Administration of Technology Import Contracts. This article will analyze these two developments in an effort to assess how they promote China's stated policy of using advanced technology to spur economic development and thus aid in its modernization efforts.


Blood On North American Soil: A Comparison Of United States And Canadian Infectious Waste Disposal Regulations, Scott B. Goldie Jan 1989

Blood On North American Soil: A Comparison Of United States And Canadian Infectious Waste Disposal Regulations, Scott B. Goldie

Syracuse Journal of International Law and Commerce

It is the intent of this note to show that the United States federal government has failed to establish a clear national definition and standard for the handling of infectious waste, and that that failure is responsible for the confusion among state infectious waste policies. The federal approach taken by the United States will be compared with that of the Canadians, and both will be examined to determine the impact each has had on its nation, and the support each has given its state or provincial governments. By making these comparisons, this note will show the importance of a clear …


Prosecuting Nazi War Criminals In The United States: The Time In Which To Punish Them Is Running Out, Debbie Morowitz Jan 1989

Prosecuting Nazi War Criminals In The United States: The Time In Which To Punish Them Is Running Out, Debbie Morowitz

Syracuse Journal of International Law and Commerce

The purpose of this Note is to demonstrate that the United States can and must assert jurisdiction over Nazi war criminals in order to punish them properly.


Canadian Signal Piracy Revisted In Light Of United States Ratification Of The Free Trade Agreememt And The Berne Convention: Is This A Blueprint For Global Intellectual Property Protection?, Nancy R. Weisberg Jan 1989

Canadian Signal Piracy Revisted In Light Of United States Ratification Of The Free Trade Agreememt And The Berne Convention: Is This A Blueprint For Global Intellectual Property Protection?, Nancy R. Weisberg

Syracuse Journal of International Law and Commerce

This note will examine the Canadian piracy problem in light of these recent developments. Next, it will analyze whether the FTA and the Berne Convention can provide an adequate means of preventing unauthorized retransmission of United States intellectual property in the future. Finally, this note will consider practicable alternatives, which would alleviate electronic piracy on a global scale. This note will conclude that if a practicable remedy can be enacted in Canada, then such a remedy could act as a blueprint for global implementation.


Germany's New Telecommincation Law, Arval A. Morris Jan 1989

Germany's New Telecommincation Law, Arval A. Morris

Syracuse Journal of International Law and Commerce

This article is a critical, comparative introduction to West Germany's new telecommunication law that suggests solutions to some of the problems the new law creates but does not address. Government regulations both at the national and international levels, however, often lag behind, are often sorely outdated, and frequently hamper attempts to modernize. When the regulations are current, they tend to be episodic, seemingly more designed to defuse existing trade crises than to anticipate and avoid them. However, constructive governmental regulation of telecommunications at the national level is stirring. It is beginning to look as though telecommunication at the national level …


Front Matter Jan 1989

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.


The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown Jan 1989

The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown

Syracuse Journal of International Law and Commerce

The so-called "traditions" of Japanese labor relations are being put into practice in the United States in adapted form by Japanese investors and are being adopted by U.S. companies as well. This Japanese-style labor relations is in effect - the "new labor relations" in the United States.


The Evolving Chinese Enterprise, James V. Feinerman Jan 1989

The Evolving Chinese Enterprise, James V. Feinerman

Syracuse Journal of International Law and Commerce

If, indeed, Chinese enterprises are becoming the equivalent of Western corporations, then what does Chinese corporate law look like? Are there corresponding legal enactments which support the historic decentralization of China's industrial production and embrace of market mechanisms? Briefly, the answer is, "Yes, there are Chinese laws which embody many of these changes." Recent legislation detailing the newest powers of Chinese enterprises and factory managers is, in fact, merely the latest lawmaking in an area which has seen prodigious activity since 1978. This article will first attempt to analyze the stages of economic and legal reform which have resulted in …