Commercial Law Commons^™

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 …

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

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.

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

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.

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 …

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 …

Economic Advantage In East-West Trade: Abandoning Market Fictions In Trade With Nonmarket Economy Countries, William Mock

North Carolina Journal of International Law

No abstract provided.

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

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.

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.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

"Bad Faith Breach": A New And Growing Concern For Financial Institutions, Susan D. Gresham

Vanderbilt Law Review

A majority of courts have determined that all contracts impose on the parties to the contract an implied covenant of good faith and fair dealing in their actions with each other. This implied covenant prohibits a contracting party from injuring another party's right to receive the benefits of the agreement. Breach of this implied covenant usually creates a cause of action based on contract rights. Moreover, California courts maintain that breach of the implied covenant of good faith and fair dealing creates a tort action as well. The California courts initially limited these tort actions to claims against insurance companies. …

Software Performance Standards Under Article 2 Of The Uniform Commercial Code, 9 Computer L.J. 465 (1989), James H. Salter

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Commercial Law, Thomas J. Bamonte, Beth Ballina Swank

Loyola University Chicago Law Journal

No abstract provided.

Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton

Maryland Law Review

No abstract provided.

Risky Business: Age And Race Discrimination In Capital Redeployment Decisions, Marley S. Weiss

Maryland Law Review

No abstract provided.

Choice Of Law Issues In International Sale Of Goods Contracts, Bayu Seto Hardjowahono

LLM Theses and Essays

The growing quality and quantity of today’s international sales of goods activities is unquestionably influential and vital to the shaping of current national economies throughout the world.

The present work will explore the issue of choice of law questions in international sale of goods contracts by examining the approaches of the Vienna 1980 Convention, the Hague 1955 Convention and the 1985 Draft Convention. The present work concludes by showing that it is advisable for a forum to use the 2^nd Restatement approach in such a situation because of the degree of flexibility it offers in international trade practices.

Table Of Contents - Issue 1, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

General Agreement On Tariffs And Trade, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Elements Of A Multilateral Framework For Trade In Services, Murray Gibbs, Mina Mashayekhi

North Carolina Journal of International Law

No abstract provided.

Gatt Dispute Settlement: An Agenda For Evaulation And Reform, Jeffrey M. Waincymer

North Carolina Journal of International Law

No abstract provided.

A Rainy Day For The Gatt Umbrella: Trade Negotiations On Services, Elaine M. Whitford

North Carolina Journal of International Law

No abstract provided.

K Mart Corp. V. Cartier, Inc.: Limiting The Protection Of Section 526 Of The Tariff Act Of 1930, Andrea L. Harris

North Carolina Journal of International Law

No abstract provided.

Book Reviews, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

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

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 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 …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

The Questionable Viability Of The Des Moines Warranty In Light Of Brown-Forman Corp. V. New York, Thomas E. Rutledge

Kentucky Law Journal

No abstract provided.

The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg

Law Faculty Scholarly Articles

The "malformed mouse" is section 9-306(4)(d) of the Uniform Commercial Code. It provides a formula that determines the extent to which an insolvent debtor's commingled bank account contains funds subject to a security interest. A special entitlement is necessary because it is impossible to physically distinguish this collateral after commingling. The label malformed mouse is appropriate if one agrees with critics who have questioned the mouse's statutory architecture and underlying rationale. The image of an elusive creature is also apt. The mouse continues to elude understanding, although it has been part of the Code for many years and the subject …