Commercial Law Commons^™

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

The War In Iraq And Imf Reform, S. Brock Blomberg

Syracuse Journal of International Law and Commerce

IMF is largely failing in its mission to address economic stability. However, the Commission unanimously supported a proposal maintaining that the IMF continues to restrict short-term crises assistance. Why limit IMF assistance? Since the IMF provides funds to countries in need, the expectation of such assistance creates moral hazard or incentives that encourage reckless behavior and bad policies for countries. In other words, countries may not make necessary economic reforms because they believe that the IMF will bail them out during difficult times, especially if there is an important strategic interest in preventing a country from economic crisis. good economic …

Islamic Law And The International Protection Of Women's Rights:, Caroline E. Nicolai

Syracuse Journal of International Law and Commerce

Part I of this article develops Nigeria's history of political unrest and deeply divided Muslim and Christian population resulting in the recent emergence of religious governance by Shari'a Law. Part II describes current international law as well as Nigeria's international commitments under three specific treaties. The three treaties discussed are the Convention on the Elimination of all forms of Discrimination Against Women ("CEDA W"), the Optional Protocol to CEDA W ("The Protocol"), and the Convention Against Torture, and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("CAT"). Part III details how Shari'a Law conflicts with Nigeria's commitments under the treaties …

Iraq And The Future Of United States Foreign Policy : Failures Of Legitmacy, Henry H. Perritt Jr.

Syracuse Journal of International Law and Commerce

This article evaluates the political trusteeship in Iraq, and concludes that the United States failed to apply many lessons that the international community learned from preceding political trusteeships, and that the result is likely to be a serious unraveling of important, though intangible, sources of leverage for U. S. foreign policy and national security. The Iraq intervention has distracted attention from more important foreign policy objectives, including the urgent effort to understand the genesis of terrorism and to mobilize American resources to reduce the terrorist threat, while working through multilateral frameworks. Accomplishment of these is necessary for achieving important foreign …

2003-2004 Survey Of International Law In The Second : Recognition Of Foreign Judgments, P. C. Kulp

Syracuse Journal of International Law and Commerce

In Films By Jove, Inc. v. Berov, the United States District Court for the Eastern District of New York recognized the sovereignty and independence of the United States judiciary in the international arena. In its decision, the Court acknowledged the pervasive corruption in the Russian legal system and revealed an interest in protecting United States business interests. In disregarding the decision of the High Arbitrazh Court of the Russian Federation, Russia's court of last resort, the Court discounted international principles of comity. In doing so, the Court conveyed intolerance for corruption. Future opinions will therefore rely on this decision in …

2003-2004 Survey Of International Law In The Second: Convention Against Torture, Pooja Sethi

Syracuse Journal of International Law and Commerce

In Mu-Xing Wang v. John Ashcroft, the United States Court of Appeals for the Second Circuit announced that they had not set forth a test as to how the Board of Immigration Appeals should apply the facts to the relevant law in habeas review petitions. A specific test was not outlined, because the court decided that the Board of Immigration Appeals [hereinafter BIA] applied the facts properly to the law in Wang's Convention Against Torture claim. Furthermore, on the due process claim, in looking at whether Wang has been denied his due process rights under the Fifth Amendment of the …

2003-2004 Survey Of International Law In The Second: Universal Jurisdiction, Swati Desai

Syracuse Journal of International Law and Commerce

The debate over international jurisdiction has even extended to the United States, where the Second Circuit ruled that the United States, and specifically the State of New York, had jurisdiction over the 1993 World Trade Center attackers, and that jurisdiction did not arise under the principles of universal jurisdiction, but rather under the extraterritorial jurisdiction principle, the protective principle, the passive personality principle, and the objective territoriality principle of customary international law. This survey will cover only the international law implications of United States v. Yousef Facts and issues are limited to that subject matter. This case is a combination …

On The Problem Of Utilizing Unilateral Action To Prevent Acts Of Sea Piracy And Terrorism: A Proactive Approach To The Evolution Of International Law, Leticia Diaz, Barry H. Dubner

Syracuse Journal of International Law and Commerce

The goal of this article is to determine how the international community can prevent piracy and terrorism. The irony is that perhaps piracy may subside at last, but only as a result of the increased efforts of the international community to prevent terrorism. The purpose of this article, therefore, is to explore the parameters of the problems and trends toward serious destruction connected to these acts and to suggest that if regional approaches fail, certain unilateral actions against the perpetrators may be necessary in order to avoid massive human and environmental destruction. The core question is whether unilateral action growing …

The Legal Implications Of Living With Hiv/Aids In A Developing Country: The Afican Story, Florence Shu-Acquaye

Syracuse Journal of International Law and Commerce

This article looks at customary and statutory laws, such as polygamy, widow inheritance, and other cultural practices that have contributed to the entrenchment of the disease in Africa, particularly sub-Saharan Africa. 7 It also provides a discussion of the African dilemma with recommendations. The article further looks at how weak human rights laws are and how the stigmatization associated with HIV/AIDS has contributed to the multi-faceted and complex nature of this disease in Africa. Additionally, it evaluates the possibility of changing or amending some of the related existing laws by offering a checklist for policy makers and legislators. Finally, the …

The Evolving Law On The Eurobank-Customer Relationship And The Common Law : The Need For Clarity, Edmund M. Kwaw

Syracuse Journal of International Law and Commerce

This article discusses the nature and operation of the euro-currency market and how the legal consequences of the euro-bank customer relationship are different from the domestic banker-customer relationship. It argues that there is a need for a redefinition of the common law on the banker-customer relationship.

The Police Powers: A Pretext For Protectionism?, David M. Nelson

Syracuse Journal of International Law and Commerce

The first part of this note will define administrative and technical regulations and discuss recent trends toward these regulations in the European Community. The second part will concentrate on protectionism and analyze the negative effects of protectionism on consumers and producers. This part will set forth four arguments against protectionism. These four rationales can be divided into: (1) economic rationale; (2) retaliation rationale; (3) legitimacy of international law; and (4) purpose of the World Trade Organization (WTO). Part three will examine the current legal atmosphere surrounding health and safety regulations. This part will examine the Agreement on Sanitary and Phytosanitary …

Can Parties Tell Court What To Do? Expanded Judicial Review Of Arbitral Awards, Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.

Uncitral, Its Workings In International Arbitration And A New Model Conciliation Law, William K. Slate Ii, Seth H. Lieberman, Joseph R. Weiner, Marko Micanovic

Cardozo Journal of Conflict Resolution

"The [UNCITRAL] was created by the General Assembly in 1966 to enable the United Nations to play a more active role in reducing or removing legal obstacles to the flow of international trade." The U.N. recognized that various economic and legal differences existed between States. These differences were the source of many of the problems that hindered the advancement of an integrated international trade system. "The General Assembly considered it desirable that the process of harmonization and unification of the law of international trade be substantially coordinated, systemized, accelerated, and that a broader participation by States be secured."

A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi

ExpressO

This paper examines the current trends in a predominantly sectoral U.S. privacy regime that appears to be becoming more comprehensive in nature with respect to data privacy protection. This trend has been greatly attributed to the European Union's comprehensive position on data privacy protection. This paper investigates the growth in U.S. data privacy protection in relation to federal and state legislative history, federal administrative procedures, and private industry efforts. This shift from sectoral to comprehensive regimes is significant in the backdrop of U.S-EU trade relations.

Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

Unification Of The Law Governing Secured Transactions: Progress And Prospects For Reform, Hannah Buxbaum

Articles by Maurer Faculty

This article was published in connection with UNIDROIT's 75th anniversary conference on worldwide harmonization of private law and regional economic integration. It begins by addressing the commercial need for harmonization in the area of secured transactions, discussing both traditional conflicts analysis in that field and particular obstacles to reform. It then outlines the specific reform initiatives that have been implemented to date, grouping them into sectoral instruments and regional instruments. It concludes by speculating on the future of harmonization efforts in security law.

Choice Of Law In Third-Millennium Arbitrations, Fabrizio Marrella

Vanderbilt Journal of Transnational Law

There is little doubt that third-millennium international arbitrators will face the flowering of a transnational rule such as the UNIDROIT Principles for international commercial contracts. They will be used to solve problems of characterization, preliminary questions, and choice of law to the merits of the dispute. In this sense, it appears clearly that these rules are to be construed under a triangular scheme. Thus, lex mercatoria and transnational rules like the UNIDROIT Principles will intervene more and more in the arbitral choice-of-law process in three competing contexts: (1) as a lex contractus; (2) as a means to interpret, supplement, or …

The Culture Of Arbitration, Tom Ginsburg

Vanderbilt Journal of Transnational Law

The relationship between "legal culture" and the practice of international arbitration has received increasing attention in recent years. Many see arbitration as a meeting point for different legal cultures, a place of convergence and interchange wherein practitioners from different backgrounds create new practices. Some have suggested that this process has led to an emergent "international arbitration culture" fusing together elements of the common law and civil law traditions. Others see arbitration as a locus of conflict among traditions or as competition among various players.

This comment contests the view that the current state of convergence in arbitration is properly considered …

The Economics Of Uniform Laws And Uniform Law Making, John Linarelli

Scholarly Works

Uniform law making has a substantial history in the twentieth century. It seems to be continuing with some force into the twenty-first century. A significant American law and economics literature, however, questions its merit. By contrast, there have been limited rational choice oriented investigations of unification or centralization of law in Europe. Critics of the uniform law movement in the United States use methods of analysis influenced by public choice theory, political economics and positive political theory. The paper does not call into question the methods and assumptions of these approaches. The paper claims that economic analysis supports public policy …

The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

Articles

No abstract provided.

The Costs Of Legal Change, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.

An International Antitrust Dilemma: An Analysis Of The Interaction Of Antitrust Laws In The United States And The European Union, 36 J. Marshall L. Rev. 271 (2002), Sandra Ferson Young

UIC Law Review

No abstract provided.

Whistleblowing, Mncs, And Peace, Terry M. Dworkin

Vanderbilt Journal of Transnational Law

This Article examines the relationship among whistleblowing, corporations, and international peace. The Author attempts to establish that whistleblowing is a vital part of transparency and good government. In Part II, the Author examines the rationale for whistleblowing. Part III addresses the cultural dimensions of whistleblowing and its practicability for global organizations. Finally, the Author looks at the advantages of whistleblowing in relation to both corporations and peace efforts.

Income Tax Treaty Arbitration, William W. Park

Faculty Scholarship

Notwithstanding similar fiscal objectives, countries that conclude income tax treaties often arrive at radically different results when treaty language is applied to a practical problem. The task of resolving disagreement on treaty interpretation falls either to national courts or to joint efforts by the tax administrations to work out differences on a voluntary basis. Neither alternative is satisfactory. Judicial proceedings lack political neutrality and yield inconsistent results. And the process for "mutual agreement" among competent fiscal authorities is fraught with delays and uncertainty.

Interview: The Business Of Peace, Madeleine Albright, B. Joseph White

Vanderbilt Journal of Transnational Law

I think the thing that we have really seen, Joe, recently, is the fact that we have global companies that are situated everywhere and are very much a part of the societies in which they operate. The way that they can contribute is by really embedding themselves in the local communities and by providing economic support within those communities to help mitigate some of the aspects of poverty within that particular milieu where they are operating. They can contribute by basically making it clear to people that we are all part of the same story. Just because you may be …

How Free Trade Can Save The Everglades, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt

UIC Law Review

No abstract provided.

Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay

Northwestern Journal of International Law & Business

As more and more U.S. companies engage in overseas operations, even the most routine merger or acquisition seems to have a transnational component which requires analysis and perhaps premerger notification under an increasing number of foreign "competition laws" (or what we call antitrust laws). An understanding of those competition rules has become an imperative for American lawyers.

The Treatment Of Global Mergers: An Australian Perspective, S.G. Corones

Northwestern Journal of International Law & Business

The purpose of this article is to examine some recent global mergers from an Australian perspective. The article begins by considering the administrative tribunal and Court structure in Australia, as well as the procedural, substantive. and remedial aspects of Australian laws regulating global mergers. It then considers the Merger Guidelines and their focus on the unilateral and co-ordinated post-merger effects that are likely to occur. The article examines a number of recent global mergers. including Coopers & Lybrand/Price Waterhouse, BAT/Rothmans, Pepsi Co/Smith's Snack Foods and Coca-Cola/Cadbury Schweppes, as well as their assessment by the ACCC. Finally, it considers some of …

Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend

Northwestern Journal of International Law & Business

This Twentieth Anniversary Issue of JILB again has a symposium on law in China entitled China Revisited: Examining the Rule of Law After Twenty Years." The impetus for the 2000 China Symposium is the unprecedented integration of China into the world economic community, evidenced by China's imminent entry into the World Trade Organization ("WTO").2 The road to China's integration into the WTO was paved by the U. S. Senate's recent vote, "the most significant advance in U.S.-China relations since President Nixon's 1972 visit,'13 which grants China permanent normalized trade relations without annual Congressional review. Although the Senate approval was expected, …