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The Rule On Interlocutory Injunctions Under Domestic Law And The Interim Measures Of Protection Under International Law: Some Critical Differences, A. O. Adede

Syracuse Journal of International Law and Commerce

The author describes Article 41 of the Statute of the International Court of Justice, which is meant to preserve the respective rights of parties to the dispute pending litigation. The view adopted in this Article is that it is evidently necessary to state specifically, in an instrument conferring jurisdiction to indicate interim measures upon an international forum, that such measures shall be binding as between the parties to the dispute and in respect of that particular case. Without such a specific provision on the binding nature of interim measures, an instrument conferring jurisdiction will be understood as having left the …

The Law Of Natural Resources Development: Agreements Between Developing Countries And Foreign Investors, Andrew N. Onejeme

Syracuse Journal of International Law and Commerce

Explores the changing idea of national sovereignty issues in respect to the natural resources held by an economically developing country, and how laws and legal thinking have changed from the times of colonial legal reasoning to today’s newly independent and self-governing countries.

State Responsibility To Espouse Claims Of Nationals Based On Contracts With Foreign Nations, David Hamilton

North Carolina Journal of International Law

No abstract provided.

International Law And Natural Resources, Lorne S. Clark

Syracuse Journal of International Law and Commerce

Article is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

In both Canada and the United States, the finite nature of our resource inheritance is increasingly appreciated, and this has raised similar concerns about availability in relation to national needs. Canada -- which has a greater percentage of its resources owned by foreign corporations than any other industrialized nation in the world -- this realization is matched by a desire to improve the economic benefit to Canadians from the export of our nonrenewable resources. Canadians are now seeking to take fuller advantage …

Books Received

Syracuse Journal of International Law and Commerce

Reviewing: “International Law: Chiefly as Interpreted and Applied in Canada” edited by J.-G. Castel; “The Irish Triangle: Conflict In Northern Ireland” by R. Hull; “Racial Discrimination and Repression in Southern Rhodesia” by The International Commission Of Jurists; “Pattern for Profit in Southern Africa” by Ian Mackler; and “Arbitration In International Trade,” by P. O'keefe.

Recent Developments In The Legal Framework Of U.S.-Canadian Trade, Michael Gadbaw

Syracuse Journal of International Law and Commerce

Article is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

This paper reviews recent trade law developments affecting U.S.-Canadian trade flows. Specifically, it covers: (1) the General Agreement on Tariffs and Trade, (2) the Agreement with Canada Concerning Automotive Products, and (3) several provisions of U.S. law which directly affect U .S.-Canadian trade. Illustrated is the dynamic and complex system of laws through which national economic policies are implemented. While great progress has been made in the reduction of trade barriers, there are still a number of serious problems which need to …

Changes In The 1976 Tax Reform Act In The Treatment Of Discs: Streamlining The Disc Provisions, Alan Laufer

Syracuse Journal of International Law and Commerce

This paper examines the creation of the Domestic International Sales Corporation (DISC) method of deferral of tax on export income in 1971. The DISC legislation was part of a general effort by Congress, in the late 1960's and early1970's, to bolster the United States economy by using tax incentives in order to solve an ever worsening balance of payments deficit, followed by the subsequent Tax Reform Act of 1976 that responded to many of the longstanding criticisms of the DISC shelter, which had been present since the DISC scheme was first enacted.

Written Statement Submitted By Professor Chung-Sen Yang

Maryland Journal of International Law

No abstract provided.

United States Policy Regarding Recognition Of Foreign States, Randall S. Leff

UC Law SF International Law Review

Recognition is the act whereby the executive of a nation formally acknowledges the existence of a new state or government and determines all of the legal consequences flowing from this act to the new state or government. The author of this note proposes that recognition should be founded upon international legal standards, rather than political considerations.

The 1975 Constitution Of The People's Republic Of China, Chin Kim

UC Law SF International Law Review

On January 17, 1975, the People's Republic of China adopted a new national constitution. In this article, the author discusses the new constitution in light of its substantive changes from the 1954 constitution, concluding that the basic purpose of the 1975 constitution is to formalize by way of document the political changes which have taken place in the People's Republic of China since 1954.

The New Argentine Foreign Investment Law: An Analysis And Commentary, Thomas W. Studwell, Guillermo Cabanellas

UC Law SF International Law Review

The authors guide investors and their attorneys through the complexities of the recently enacted Argentine Foreign Investment Law. The new law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American Countries.

The Application Of Forum Non Conveniens In Maritime Personal Injury Actions Brought By Foreign Seamen In Federal Courts: An Analysis And Reappraisal, Eugene Vincent Flynn

UC Law SF International Law Review

Despite the regularity with which the issue of forum non conveniens is raised by defendants in maritime personal injury actions brought by foreign seamen, no reported case has presented a definitive analysis of the doctrine since the Lauritzen-RhodtLs choice of law method was established by the Supreme Court, In order to fill this void the author first suggests policy reasons which underpin the consistent judicial refusal to dismiss cases controlled by American maritime law. Next the author turns to the application of forum non conveniens in cases controlled by foreign law and discusses relatively recent innovations in law, technology and …

Broach Of Duty: The United States Foreign-Trade Zones Program In Transition, Daniel G. Durbin

UC Law SF International Law Review

The concept of the foreign-trade zone has undergone recent change in the United States. Under the founding legislation, foreign-trade zones were defined as areas where goods could be stored temporarily without being subject to many customs regulations. Today, the potential purposes and activities for which a zone can be utilized have been extended. The federal court decision in Armco Steel Corp. v. Stans, legislative amendments and policy statements by the Foreign Trade Zones Board have contributed substantially to this evolution. Certainly, observers of its early form would have difficulty recognizing the modern foreign-trade zone.

Trust & Estate Planning: The Effect Of Soviet Polices On Legacies From Abroad, Claudia Brooks

UC Law SF International Law Review

When one attempts to create or administer a money estate or trust in favor of an alien residing in the Soviet Union he or she must be aware of the problems commonly associated with such a gift. This article examines the inheritance laws of California and other states with regard to nonresident alien heirs, and analyzes the past and present attitudes of the Soviet Government toward interitances from abroad intended for its citizens. In addition the author proposes drafting techniques to aid an attorney in creating an effective will or trust instrument for the benefit of a Soviet resident.

The Foreign Investment Review Act Of Canada, James M. Spence

Syracuse Journal of International Law and Commerce

An assessment of the Foreign Investment Review Act of Canada of 1972, describing the rationale for the legislation, its results, and uncertainties about the scope of the jurisdiction of the Act.

Book Review. International Claims: Their Settlement By Lump Sum Agreements By R. B. Lillich And B. H. Weston, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Financing Exports: Private Methods And Public Assistance, David Morris

North Carolina Journal of International Law

No abstract provided.

Pueblo And Mayaguez: A Legal Analysis, Stephen B. Finch Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Economic Aggression & Self-Defense In International Law: The Arab Oil Weapon And Alternative American Responses Thereto, Paul Stephen Dempsey

Case Western Reserve Journal of International Law

No abstract provided.

U.S. Antitrust Law- Clayton Act - Private Trebel Damage Suits - Standing Of Foreign Governments To Sue: Pfizer, Inc V. Government Of India, Jeannine Mcgrane

Maryland Journal of International Law

No abstract provided.

Transfer And Protection Of Industrial And Intellectual Property - Patent Infringement Practice Before The United States International Trade Commission, Robert Greene Sterne

Maryland Journal of International Law

No abstract provided.

Stockholders' Derivative Suit May Be Brought Against Multinational Corporation For Its Failure To Sue To Recover Illicit Payments To Foreign Officials, Where It Is Shown That Such Decision Was Based On Collusion, Self-Interest, Dishonesty Or Lack Of Good Faith: Gall V. Exxon Corp. , Lawrence Hooper

Maryland Journal of International Law

No abstract provided.

Labor Relations - Unfair Labor Practices - Court Sees Union Picketing Of Domestic Importer As Valid Expression Of Opposition To Export And Labor Policy Of Foreign State: Danielson V. Fur Dressers Local No. 2f, Amalgamated Meat Cutters And Butchers Workmen Of North America, Afl-Cio, Leslie Gradet

Maryland Journal of International Law

No abstract provided.

The Republic Of China In The 1970s: Striving For A Future Of Growth, Equity, And Security, Yung Wei

Maryland Journal of International Law

No abstract provided.

Discussion

Maryland Journal of International Law

No abstract provided.

How To Structure Investment And Trade Operations For Americans In The Roc: A Lawyer's Experience, Chun Li

Maryland Journal of International Law

No abstract provided.

The Development Of Foreign Investment Encouragement Law In The Roc, Norman Littell

Maryland Journal of International Law

No abstract provided.

Subsidies And Countervailing Duties In The Gatt, John W. Evans

Maryland Journal of International Law

No abstract provided.

Enforcement Of Foreign Exchange Control Laws, Keith L. Baker

Maryland Journal of International Law

No abstract provided.

Evangelinos V. Trans World Airlines: Aviation - Warsaw Convention - Liability Of Airline Carrier

Maryland Journal of International Law

No abstract provided.