Commercial Law Commons^™

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.

Some Aspects Of Quebec's Official Language Act, Yvonne W. Rosmarin

Syracuse Journal of International Law and Commerce

In July 1974, the legislature of Quebec passed an Official Language Act, declaring French to be the sole official language of the province. Although the majority of Quebec's population speaks French, there is a significant minority of English-speaking Canadians living in the province who will be affected. This Act, commonly known as Bill 22, will also affect businesses, particularly American corporations with subsidiaries operating in Quebec. Bill 22 has sparked a controversy in Canada with respect to both its constitutionality and the power of the Province of Quebec to pass such legislation.

Since no cases thus far have tested Bill …

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).

Back Matter

Syracuse Journal of International Law and Commerce

Recent cases and book reviews.

Expropriation, Threats Of Expropriation And Developmental Policy, Michael W. Gordon

Syracuse Journal of International Law and Commerce

The transference of ownership to host nation control has been, nearly without exception, politically, rather than economically motivated. While there are often viable economic justifications for domestic ownership of the means of production, economic issues are often poorly expressed or arise not in the context of the prior justification for property transference, but rather as a later impediment, due to the inability of a developing nation's current economic resources to meet the demanded payment for the property takeovers.

The Politicization And Death Of Rebus Sic Stantibus, William L. Scheffler

Syracuse Journal of International Law and Commerce

Rebus sic stantibus is a doctrine which, in simple terms, holds that an agreement may, when certain conditions are met, be partially or wholly abrogated. OPEC nations threaten to use this doctrine to change aggreements with oil consuming trading partners.

Legal Approaches To The Trade In Stolen Antiquities, John B. Seabrook

Syracuse Journal of International Law and Commerce

The international trade in stolen antiques and artifacts is examined with a focus on restricting such transactions.

Panel Discussion: American Tax Credits And Foreign Taxes And Royalties, Jon E. Bischel, Stanford G. Ross, Leslie Cookenboo, Pierre F. De Ravel D'Esclapon

Syracuse Journal of International Law and Commerce

This panel discussion primarily focuses on U.S. tax policy with regards to international oil companies.

The Changing Environment Of International Commerce: The Shortage Factor, Robert B. Huguet

Syracuse Journal of International Law and Commerce

An overview of transnational trade in the early 1970s is presented. The author examines oil, food and commodities shortages, international monetary policy, and the regulation of gold reserves.

Some Dilemmas Of An Internationalist In A World Of State Egoism, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

The validity of any statement about international law turns on the meaning one is prepared to give the term. To say that the obligation to pay prompt, adequate and effective compensation for the expropriation of alien property derives from the body of traditional customary international law pertaining to the responsibility of states, or that the obligation derives from domestic (constitutional), and not international law at all, is to speak without clear referent. Clarity of both intent and ideology are absolute necessities.

Panel Discussion: Expropriation, Threats Of Expropriation And Developmental Policy, L.F.E. Goldie, Michael W. Gordon, Fred B. Smith, John G. Laylin, G. W. Haight, Richard Young, Omar Ghobashy

Syracuse Journal of International Law and Commerce

This panel discussion is a conversation about the place of expropriation in international law.

Federal Income Tax Treatment Of United States Oil Corporations, Stanford G. Ross

Syracuse Journal of International Law and Commerce

Oil and gas operations are the single most important activity carried on by American multinational corporations. While there is a vast general literature on the tax laws applicable to foreign income, the particular application of this law to the oil industry is so sparse that one can count on the fingers of one hand the number of significant articles that have dealt specifically with this subject.

Trade Between The European Economic Community And The Eastern Bloc: The Development Of A Common External Commercial Policy For The Eec, Carl Cannucciari

Syracuse Journal of International Law and Commerce

The progression of trade agreements between the European Economic Community and the Eastern Bloc (COMECON) is explored.

Front Matter

Syracuse Journal of International Law and Commerce

Front cover, Table of contents, Board of editors, Subscription information,

Force And The Charter In The Seventies, Julius Stone

Syracuse Journal of International Law and Commerce

Force and the Charter is a very complex problem. It imports not merely the place of force in the relations of States within the Charter of the United Nations, but also the residual rules of international law, which themselves are very much older-several centuries older at least-than the United Nations. These are the residual rules of international law, customary international law, as we call it, concerning the use of force, insofar as the Charter has not abrogated those rules.

What To Expect When Trading With The U.S.S.R.: The Problems Confronting The American Exporter, David Marx Jr.

Syracuse Journal of International Law and Commerce

An examination of the ramifications of the 1972 Trade Agreement between the United States and the Soviet Union.

The Direct Broadcast Satellite: The Need For Effective International Regulation, Gary C. Merckel

Syracuse Journal of International Law and Commerce

This article examines the need for international laws and cooperation in the use of communications satellites.

Back Matter

Syracuse Journal of International Law and Commerce

Back covers, which include advertisements for Darby Printing Company, and the Syracuse University College of Law Placement Office.

Front Matter

Syracuse Journal of International Law and Commerce

Front Matter of volume 2, number 2 (Fall 1974) of the Syracuse Journal of International Law and Commerce. Includes -- Contents, Editorial Board of Advisors, Board of Editors.

Emigration: A Policy Oriented Inquiry, Arthur Jay Silverstein

Syracuse Journal of International Law and Commerce

This inquiry will treat restrictions on the desire to emigrate in a conceptual manner so as to provide criteria and procedures for decision-making. First, a framework will be constructed to assist decision-makers--be they heads of state, diplomats, legislators, bureaucrats, or simply citizens--in evaluating the competing claims involved when an individual seeks to exercise the right to emigrate. Then, an analysis of the emigration policies of Austria, India, the Soviet Union, the United Kingdom, and the United States will be presented as illustrative of the world community's approach toward emigration showing its general expectations about appropriate controls on emigration. Finally, the …

Foreign Governmental Control Of Multinational Corporations Marketing In The United States, Joseph P. Griffin

Syracuse Journal of International Law and Commerce

It seems appropriate to begin this discussion of foreign governmental control of multinational corporations marketing in the United States by briefly reviewing the structure of the petroleum industry and the historical events leading to the Arab oil embargo.

Panel Discussion: Foreign Governmental Control Of Multinational Corporations Marketing In The United States, John Beach, Joseph P. Griffin, Michael W. Gordon, Luke Finlay

Syracuse Journal of International Law and Commerce

This panel discussion focuses on debating the regulation of companies operating in more than one country. The primary emphasis is placed on oil companies.

Implications Of Current House Of Representatives Action To Amend The Foreign Tax Credit As Applied To Foreign Source Petroleum Income, Leslie Cookenboo

Syracuse Journal of International Law and Commerce

The tax treatment of foreign-source income of U.S. oil companies is under a multi-faceted attack which arises largely from a number of serious misconceptions.

The Changing Attitudes In The World Oil Community, Omar Z. Ghobashy

Syracuse Journal of International Law and Commerce

This paper will examine the process of reform, focusing on the actions of the oil producing states and the rationale for the recent acts of expropriation and nationalization. The role international law has played and is now playing will also be examined. Finally, the attitudes of the states in which the oil companies are incorporated will be analyzed. Special attention will be given to the United States.

Exchange Rate Alignment: Domestic And International Objectives, Keith L. Baker

Syracuse Journal of International Law and Commerce

This Comment will discuss the Outline of Reform prepared by the Committee of Twenty at their final meeting in June 1974. A simplified model of international monetary relations will be presented in order to isolate the important problems which necessitate international agreement.

Back Matter

Syracuse Journal of International Law and Commerce

Recent Cases, Books Received, Index: Vols. 1-2

Soviet Policy On The Sea-Bed And The Ocean Floor, Sevinc Carlson

Syracuse Journal of International Law and Commerce

The growth and development of a modern navy has been a somewhat recent phenomenon for the USSR, occurring most significantly in the last decade. Soviet policy towards law of the sea matters, then, is naturally influenced by these factors. The push towards an ever-expanding role in the world's oceans, engendered primarily in the national interest, clearly colors the Soviet views, as expressed in current international discussions.

Front Matter Syracuse Journal Of International Law And Commerce

Syracuse Journal of International Law and Commerce

Table of Contents, Board of Editors, The Syracuse University International Legal Studies Program

Rich And Poor Countries And The Limits Of Ideology -- An Introduction To The Day's Proceedings, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

This is the eighth annual Regional Meeting of the American Society of International Law here at Syracuse. Our topic for this meeting is "The United Nations and the Resources of the Deep-Ocean Floor." The problems which this theme signals are becoming cute as the world's population increasingly presses on our diminishing resources and as our environment is threatened with major and possibly irreversible degradation.

The United States Draft United Nations Convention On The International Sea-Bed Area And The Accomodation Of Ocean Uses, William Palmer

Syracuse Journal of International Law and Commerce

The United States Draft Sea-Bed Convention is a dynamic application of the principle of true accommodation in the broadest sense. It addresses the need to regulate in a fair and orderly fashion the exploitation of sea-bed resources while meeting the needs of other ocean uses by means of mutual accommodation provisions.