Law Commons^™

Opportunities In Puerto Rico: Tax Planning Under New Section 936, Steven J. Cohen

UC Law SF International Law Review

No abstract provided.

The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen

UC Law SF International Law Review

In a world of increased tension and open hostility toward the United States and its policies, an attack or assault on a member of Congress traveling abroad is not inconceivable. Section 351 of the United States Criminal Code prescribes penalties for offenses directed at members of Congress including assault, killing, kidnapping, and attempted conspiracies. Section 351, however, is silent as to a court's reach in asserting subject matter jurisdiction. This Note addresses the issue of whether the United States federal courts could obtain jurisdiction over a foreign group or individual who attacked or killed a Congressperson in a foreign country. …

People's Republic Of China's Foreign Enterprises Income Tax Law And Regulations, Anna M. Han

UC Law SF International Law Review

As part of the People's Republic of China's continued effort to strengthen and define its legal system, the Fifth National People's Congress promulgated the Income Tax Law Concerning Foreign Enterprises. This enactment reflected the Chinese Government's recognition that clear tax rules were needed which would assist tax planning by foreign investors. The Law and its accompanying Regulations were designed to fill major gaps in China's taxation system by reaching previously ignored major sources of income. This Article provides a general introduction to the various provisions of the Foreign Enterprise Tax Law and Regulations which remain unclear due to the newness …

United States Antidumping Laws And Chinese Exports To The United States, Clyde Stoltenberg

UC Law SF International Law Review

Less than five months after the United States and China signed an agreement to promote and expand trade an antidumping petition was filed against China. This was one of the first times China had been a party to litigation in the United States since Normalization of relations in 1979. In the future the antidumping issue may be one of the most significant barriers to the development of United States-China trade relations. This article examines the general framework of United States antidumping laws, the key issues which have emerged in proceedings and the antidumping cases decided or pending. It also examines …

The Constitutional Court Reviews The Early Dissolution Of The West German Parliament, Mary Lovik

UC Law SF International Law Review

The December 1982 dissolution of the Bundestag, in order to make way for new elections, was only the second time in the thirty-five year history of the Federal Republic that such an event occurred. The 1949 Bonn Constitution provides severely restrictive provisions regarding early dissolution. The Federal Constitutional Court, however, upheld the dissolution proceedings. This Article investigates the legal issues raised by the early dissolution, and the Constitutional Court's decision as to its constitutionality. It also discusses several proposals which have been made which would amend the Bonn Constitution to permit easier dissolution. The dissolution marked an important milestone in …

Act Of State And Other Problems With Restatement Ii (Revised), Malvina Halberstam

Articles

No abstract provided.

Front Cover, Front Cover

Syracuse Journal of International Law and Commerce

No abstract provided.

Contents Page

Syracuse Journal of International Law and Commerce

No abstract provided.

Editorial Board

Syracuse Journal of International Law and Commerce

No abstract provided.

A Note On Some Diverse Meanings Of "The Common Heritage Of Mankind.", L. F.E. Goldie

Syracuse Journal of International Law and Commerce

The author attempts to define the notion of The Common Heritage Of Mankind as pertains to the mining of the ocean floor.

International Commercial Arbitration: Domestic Recognition And Enforcement Of The Inter-American Convention On International Commercial Arbitration, Chaim Alexander Levin

Syracuse Journal of International Law and Commerce

An investigation of the provisions of the Inter-American Convention on International Commercial Arbitration.

Export Trading Company Act Of 1982, Stephen R. Crilly

Syracuse Journal of International Law and Commerce

An overview of the Export Trading Act of 1982

Countervailing Duties And Non-Market Economies: The Case Of The Peoples Republic Of China, David James Cichanowicz

Syracuse Journal of International Law and Commerce

This article offers a summary of the arguments presented to the U. S. Department of Commerce at a hearing on November 6, 1983 regarding the issue of whether U.S. countervailing duty (CVD) laws are to be applied in investigations of imports from non-market economy (NME) countries, specifically, the Peoples Republic of China.

Reflections On Criminal Jurisdiction In International Protection Of Cultural Property, M. Cherif Bassiouni

Syracuse Journal of International Law and Commerce

This article focuses on the issue of jurisdiction in international agreements concerning the protection of cultural property.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Irs Summons Issued At Canada's Request Enforceable Even Though Information Would Also Be Used For Criminal Prosecution Purposes In Canada, Ami Setright

Syracuse Journal of International Law and Commerce

The United States-Canada Tax Convention of 1942 requires each contracting state to furnish the other with information obtainable under the former's revenue laws insofar as the information may be of use to the requesting state in the assessment of taxes. This Recent Development analyzes the Second Circuit Court of Appeals' decision in United States v. Manufacturers and TradersTrust Co., in which the Tax Convention of 1942 was held to permit the transfer of information despite the fact that such information would also be used for criminal prosecution in the requesting nation.

When Is There Going To Be A United States Law Governing The Admission Of Refugees And Asylum Seekers, Linda T. Cox

Penn State International Law Review (1982 - 2011)

This comment will trace the development of United States refugees and asylum laws. In addition, the policies underlying past, current and proposed immigration laws will be analyzed.

Empirical Research About Law: The German Picture With Comparisons And Observations, Robert A. Riegert

Penn State International Law Review (1982 - 2011)

While studying current legal developments in West Germany during the summer of 1979, the author became convinced that the most important development in German law in the past two decades was the movement toward empirical research about law. This research is often referred to by German jurists as fact research in law. During the intervening years, the author has been able to trace dome major developments of this movement.

The principal aim of this article is to furnish information to the American legal community about social-fact research in law resulting from the German experience. Discussion of Germany's experience is appropriate …

Investment And The Andean Pact: From Political Response To Legal Structures To Safe Harbors, Robert Carcano

Penn State International Law Review (1982 - 2011)

The Latin American experience clearly establishes that economic development involves profound social and political change. Despite modernization efforts, economuc benefits eluded Latin American leaders. This fact led to the widespread perception that a new international legal strucure had to be forged if the region's myriad social concerns were to be addressed. Regional economic integration was a necessary first step.

Integration enabled Latin American statesmen to address insurmountable national problems on a regional level. In the Latin American context, however, economic integration efforts became intertwined with the new nationalism. Despite this beginning, the structures that eventually arose formed a relationship which …

British Anti-Discrimination Law: An Introduction, Christopher Mccrudden

Penn State International Law Review (1982 - 2011)

The United Kingdom is a signatory of a number of international treaties protecting various aspects of human rights, including freedom from discrimination. Yet, there is no legislation in this country protecting a comprehensive list of human rights in the manner of the United States Bill of Rights, although there have been a number of unsuccessful atempts to enact such legislation since 1969. Moreover, prior to race relations legislation, there was no general rule, policy or principle in common law directly relevant to combating racial discrimination or incitement to racial hatred.

The inadequacies of the common law and statutes stimulated several …

Cumulative Subject Index To Volumes 1-14, Index

Case Western Reserve Journal of International Law

cumulative subject index

Injured Industries, Imports And Industrial Policy: A Comparison Of United States And Japanese Practices, H. William Tanaka, B. Jenkins Middleton

Case Western Reserve Journal of International Law

No abstract provided.

Foreign Branches Of United States Banks-A Proposal For Partial Suspension During Periods Of Unrest, Francis X. Curci

Fordham International Law Journal

This Note discusses the liability of United States banks for the deposits at an expropriated foreign branch. The case of Vishipco Line v. Chase Manhattan Bank, which illustrates the problems banks face under the current law, is also discussed. This Note also proposes a Federal Reserve Regulation which, if adopted, would permit a partial suspension of operations of a foreign branch during periods of unrest in the host country.

Technology Transfers In The Eec: A Look At The Proposed Block Exemption For Exclusive Patent Licensing Agreements, Jose E. Gonzalez

Fordham International Law Journal

In this Note, the Present Draft is examined in light of the goals and history of Community competition policy. After a discussion of patents and licensing, the previous drafts and criticisms thereof are examined. An analysis of the recent decisions in Nungesser v. Commission (Maize Seed) and Coditel v. Ciné Vog as they relate to the proposed regulation follows. Finally, it is suggested that the Commission's present position, as evidenced by the Present Draft of the proposed regulation, constitutes an appropriate balance between the demands of industry and the needs of the Community.

The Validity Of The Foreign Sovereign Immunity Defense In Suits Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Tara A. O'Brien

Fordham International Law Journal

This Note examines the interrelationship between the Convention and the FISA, specifically, whether a sovereign's ratification of the Convention constitutes a waiver of immunity under section 1605(a)(1) of the FISA in actions to enforce arbitration agreements and awards. The development of sovereign immunity law in arbitration enforcement actions, pre-FISA and under the FISA's "waiver" exception, is reviewed in light of the Convention. The confusion over the Convention as it affects sovereign immunity is discussed, and a resolution of the issue is proposed in favor of barring the sovereign immunity defense in actions falling under the Convention.

Eec Competition Actions In Member States' Courts – Claims For Damages, Declarations And Injunctions For Breach Of Community Antitrust Law, John Temple Lang

Fordham International Law Journal

It seems likely that the need for protection against private claims for damages will cause more corporations to notify the Commission of their agreements and practices so as to obtain exemptions or, if appropriate, negative clearances. Whether this will cause a net increase in the Commission’s workload is not clear, since there will be a concomitant decrease in the number of cases dealt with by the Commission. The Commission could try to solve any problem of increasing workload by proposing a directive to harmonize national laws and procedures in a way which would encourage plaintiffs to bring claims in national …

Hong Kong's Future: Can The People's Republic Of China Invalidate The Treaty Of Nanking As An Unequal Treaty?, Katherine A. Greenberg

Fordham International Law Journal

This Note analyzes the PRC's claim that, according to accepted principles of international law, it is justified in abrogating the Treaty of Nanking. The basis for the PRC's position is that the treaty is not reciprocal in its terms and is the product of coercion. Therefore, according to the PRC, the Treaty is unequal and nonbinding. The first part of this Note provides the historical background surrounding the conclusion of the Treaty of Nanking. Part II briefly defines the principle of pacta sunt servanda and examines problems that arise when the rule is applied to unequal treaties. Part III presents …

Dispute Settlement Pursuant To The Agreement On Technical Barriers To Trade: The United States-Japan Metal Bat Dispute, Fred J. Coccodrilli

Fordham International Law Journal

In this Note, the dispute settlement case involving the marketing of United States-made metal baseball bats in Japan will be examined. The effectiveness of the Standards Code's dispute settlement procedures will be analyzed through an examination of the metal bat case and its effect on Japan's standards laws and certification systems.

Soviet Diversion Of United States Technology: The Circumvention Of Cocom And The United States Reexport Controls, And Proposed Solutions, James Plousadis

Fordham International Law Journal

This Note examines the Soviet diversions of United States technology and suggests possible countermeasures. Part I examines diversions and their impact on United States national security. Parts II and III review present United States and Western export and reexport controls and the problems with these controls. Parts IV and V introduct and evaluate proposals offered to modify Western export policy to stop, or at least to impede, Soviet diversions.

Seabeds, Soverignty And Objective Regimes, Dennis W. Arrow

Fordham International Law Journal

The United States and some of its major allies have been negotiating for some time concerning the establishment of an “alternative” seabed mining regime. Before confronting this issue, however, several threshold issues will be addressed. These will include descriptions of the nodule mining venture, the proposed UNCLOS regime to govern it, and the most recent developments in the U.S. backed “alternative” or reciprocating states” regime. After addressing the “objective regime” hypothesis, a strategy for avoiding potential U.S. estoppel to deny the validity of UNCLOS’ seabed mining regulations will be explored. Finally, possible scenarios for future seabed regulations and their attendant …