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Full-Text Articles in International Law

On Democratic Personalities, Robert W. Daly Jan 2005

On Democratic Personalities, Robert W. Daly

Syracuse Journal of International Law and Commerce

In Part I, I describe and discuss the ideal traits of a democratic personality, note the contribution of education to the acquisition of these traits, and describe other immature traits of personality that impede or preclude the emergence of a democratic personality. In Part II, I note how the traits of a democratic personality are or are not acquired through the processes of identity formation in late adolescence and early adulthood. Finally, I contrast the ideal traits of a democratic personality with other traits that can frustrate attempts to develop a democracy but which can contribute to successful adaptation in …

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Front Matter Jan 2005

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

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Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell Jan 2005

Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell

Syracuse Journal of International Law and Commerce

Part I of this Note examines how food insecurity threatens global security. Part II will examine ways that food insecurity is treated today through food aid and charity donated from the wealthy countries of the world. Part II will also discuss agricultural productivity: how it was improved tremendously in the twentieth-century using "Green Revolution" methods of agricultural production, and why such methods are not the optimal solution for the crisis ahead in the countries of sub-Saharan Africa. Part III first examines how intellectual property rights function in the United States and throughout the world, and then ends with a narrower …

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Front Matter Jan 2005

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

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A Quick Look At The Inter-American Democratic Charter Of The Oas: What Is It And Is It "Legal"?, Timothy D. Rudy Jan 2005

A Quick Look At The Inter-American Democratic Charter Of The Oas: What Is It And Is It "Legal"?, Timothy D. Rudy

Syracuse Journal of International Law and Commerce

This article briefly discusses the Democratic Charter-its creation, its perhaps murky legal status, and Chapter IV. But I have added new developments that took place after the ASIL meeting which further indicate the Democratic Charter represents an important expression of the progressive development of international law. Democratic government is required for every country in the Western Hemisphere. 8 But the Democratic Charter takes this internal domestic right and establishes it as an external collective right as well. The first article of the Democratic Charter clearly states that it is "[t]he peoples of the Americas [who] have a right to democracy …

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Non-Democratic Transitions: Reactions Of The Oas And Caricom To Aristide's Departure, David S. Berry Jan 2005

Non-Democratic Transitions: Reactions Of The Oas And Caricom To Aristide's Departure, David S. Berry

Syracuse Journal of International Law and Commerce

In the last 25 years, however, the Member States of the Organization of American States have allowed democracy to play an even stronger role in the operation of the Organization. Several resolutions, declarations, and an amendment to the OAS Charter have made a non-democratic transition of government a ground for suspension of a Member State's right to participate in either the Organization of American States or Summit of the Americas. This process started with Resolution 1080 on "Representative Democracy" in 1991, and was further grounded and developed in the Protocol of Washington of 1992, the Declaration of Quebec City of …

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Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick Jan 2005

Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick

Syracuse Journal of International Law and Commerce

The idea of legal evolution to a rule of law necessarily implies restraints upon the coercive power of the state. Whatever we might mean by coercive state power, surely the institution of the police embodies the essence of such power. Democratic policing has long been a guiding concern in studies of American policing; and it is a major goal of nations in transition to democracy, especially those in Eastern Europe.2 By those seeking change, democratic policing must be concerned with the rule of law as well as with crime and public order and terrorism. In this article, I intend to …

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Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer Jan 2005

Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer

Syracuse Journal of International Law and Commerce

The Rome Statute for the International Criminal Court (ICC) provides an ideal opportunity for Native American nations to begin attaining the rights and protections they have sought from the U.S. Government. Essentially, ratification would establish a legal relationship between Native American tribal governments and the ICC, as an international body, permitting Native American nations to interact independently with international organizations and States. Native Americans could help lay the foundation for establishing international legal personality-something previously denied by the United Nations (U.N.)-through ratification. In tum Native Americans would place pressure on the United States Government to recognize their political sovereignty. The …

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Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty Jan 2005

Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty

Syracuse Journal of International Law and Commerce

Lawmakers in the world's two largest economies, the United States and Japan, have enacted legislation to require firms to at least consider altering their governance structure. In the United States, the 2002 Sarbanes-Oxley Act (SOX) and Securities and Exchange Commission (SEC) rules have led to revised governance structures at the 30 Dow Jones (DJ) companies. The governance changes affect the composition, size and functions of the board of directors and its relations with the chief executive officer (CEO). A 2003 change in the Japanese Commercial Code provided firms with three governance options, including a "Company with Committees" system similar to …

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From St. Ives To Cyberspace: The Modern Distortion Of The Medieval 'Law Merchant', Stephen E. Sachs Jan 2005

From St. Ives To Cyberspace: The Modern Distortion Of The Medieval 'Law Merchant', Stephen E. Sachs

American University International Law Review

No abstract provided.

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A Question Of Justice: The Wto, Africa, And Countermeasures For Breaches Of International Trade, 38 J. Marshall L. Rev. 1153 (2005), Nsongurua J. Udombana Jan 2005

A Question Of Justice: The Wto, Africa, And Countermeasures For Breaches Of International Trade, 38 J. Marshall L. Rev. 1153 (2005), Nsongurua J. Udombana

UIC Law Review

No abstract provided.

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Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii Jan 2005

Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii

UIC Law Review

No abstract provided.

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An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy Jan 2005

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

UIC Law Review

No abstract provided.

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What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini Jan 2005

What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini

UIC Law Review

No abstract provided.

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Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep Jan 2005

Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep

UIC Law Review

No abstract provided.

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Breaking The Chain Of Violence In Israel And Palestine: Suicide Bombings And Targeted Killings Under International Humanitarian Law, Demian Casey Jan 2005

Breaking The Chain Of Violence In Israel And Palestine: Suicide Bombings And Targeted Killings Under International Humanitarian Law, Demian Casey

Syracuse Journal of International Law and Commerce

This note examines the legal justifications for these acts under international humanitarian law, in order to determine whether the law is sufficient to break the chain of suicide bombings and retaliatory assassinations in Israel and Palestine. The legal status of the suicide bombing of Egged Bus 32A and the retaliatory assassination of Shehadeh are examined as typical instances of violence that have marked the al-Aqsa Intifada. The attacks are analyzed to determine how the law should be applied to prevent this violence. Part I provides background information on the suicide bombing and retaliatory assassination. Part II discusses international humanitarian law …

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Towards A Test Of The International Character Of An Armed Conflict: Nicaragua And Tadic, Leo Van Den Hole Jan 2005

Towards A Test Of The International Character Of An Armed Conflict: Nicaragua And Tadic, Leo Van Den Hole

Syracuse Journal of International Law and Commerce

Two international Tribunals recently examined what level of direction and control has to be wielded by a State over military or paramilitary groups to make a non-international conflict an international one. The general view perceives the holdings of both tribunals to be in conflict, this article maintains that they are not. It argues that both tribunals were weighing factors, and that every court of first instance always has to weigh these factors to decide whether acts of armed groups can be attributed to a State.

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On Law And Democratic Development: Popular Constitutionalism And Judicial Supremacy, Daan Braveman Jan 2005

On Law And Democratic Development: Popular Constitutionalism And Judicial Supremacy, Daan Braveman

Syracuse Journal of International Law and Commerce

I was asked to comment on the topic of the conference as it relates to the United States. It is not simply my law background that persuaded me to focus on the issue of judicial supremacy. Examination of law and democracy in the United States at some point must tum its attention to the role of the courts, particularly the Supreme Court, in furthering democratic principles. A fundamental aspect of our democratic experience has been the institution of judicial review, the proposition that unelected, life-tenured judges have the power to declare that our elected representatives have acted unconstitutionally. This is …

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Roads To Democracy, Lawrence M. Friedman Jan 2005

Roads To Democracy, Lawrence M. Friedman

Syracuse Journal of International Law and Commerce

Of course, "democracy" is not a simple concept; and no two systems that claim to be democracies are exactly the same. The "rule of law" is if anything an even more contested concept. For the purposes of this paper, we do not really need to define democracy rigorously. A society with a reasonable dose of freedom of speech and the press, freedom of religion, more or less fair elections, and the customary package of basic human rights, respected (on the whole) by the government, qualifies as a democracy. These will also tend to be societies that respect the rule of …

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Constitutional Responsibility To Provide A System Of Free Public Schools: How Relevant Is The States' Experience To Shaping Governmental Obligations In Emerging Democracies?, Denise A. Hartman Jan 2005

Constitutional Responsibility To Provide A System Of Free Public Schools: How Relevant Is The States' Experience To Shaping Governmental Obligations In Emerging Democracies?, Denise A. Hartman

Syracuse Journal of International Law and Commerce

This article will first briefly outline the evolution of public education in the United States from a national perspective. Next, it will focus in on a couple of states, Massachusetts and Pennsylvania, setting forth in more detail the history of public education in those states, the constitutionalization of the government's responsibility for public education in those states, and judicial interpretations of that constitutional responsibility. Finally, this paper will attempt to draw some inferences and propose a set of principles to guide the formulation of a national role for providing a system of public education in emerging constitutional democracies.

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The Tension Between Legal Instrumentalism And The Rule Of Law, Brian Z. Tamanaha Jan 2005

The Tension Between Legal Instrumentalism And The Rule Of Law, Brian Z. Tamanaha

Syracuse Journal of International Law and Commerce

At the heart of the United States legal culture lie two core notions that exist in deep tension with one another: the idea that law is an instrument, and the rule of law ideal. Although they continue to coexist despite this tension, there are indications that the instrumental view of law is putting a serious strain on the rule of law ideal. The substantive version of the rule of law is the idea that there are legal limits on the government: there are certain things the government cannot do, even when exercising its sovereign lawmaking power. This version of the …

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Do Free Markets Create Free Societies?, Samuel Krislov Jan 2005

Do Free Markets Create Free Societies?, Samuel Krislov

Syracuse Journal of International Law and Commerce

The notion that markets lead to law and freedom is said to have originated in Adam Smith's work and rooted in history. Both the progression and roots seem highly problematic. Neo-Smithian approaches have been refurbished by general acceptance of a contingent nature of the relation. They have also been enhanced by the failures of European Marxist economics in ways predicted with uncanny accuracy. On the other hand, neo-classical claims of democratic welfare system were only a step away from similar failures, which have been refuted. Hopes that an international system might impose democracy from outside the nation-state are overly optimistic. …

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Democratic Norms And Regional Stability Panel Deiscussion: An Introduction, David S. Berry Jan 2005

Democratic Norms And Regional Stability Panel Deiscussion: An Introduction, David S. Berry

Syracuse Journal of International Law and Commerce

The following three brief articles raise and address fundamental questions about the role of democracy at the regional and international levels. They examine the current status of democracy and the suggested "right to democracy" at international law, particularly in the Americas context. Developed from papers presented at a panel entitled "Democratic Norms and Regional Stability: Global Challenges and Responses in the Americas," these three pieces examine the current role of democracy in the region, including the role of the Inter-American Democratic Charter. The latter document, paralleled by provisions in the Charter of the Organization of American States and resolutions of …

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Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves Jan 2005

Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves

Scholarly Works

No abstract provided.

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Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu Dec 2004

Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu

LLM Theses and Essays

Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.

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Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy Aug 2004

Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy

ExpressO

ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current …

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Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff Aug 2004

Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff

ExpressO

The United States’ occupational safety and health enforcement system is breaking down. Klaff argues that much of this breakdown has to do with a fundamental lack of worker participation in the United States’ safety and health system. Klaff makes his case by comparing and contrasting the history and enforcement schemes of the United States, Canada, and Sweden. After arguing for economic rights as human rights, Klaff concludes by offering a set of recommendations for the United States’ occupational safety and health system based upon his value-centered analysis.

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The Creation Of International Commercial Law: Sovereignty Felled, Sandeep Gopalan May 2004

The Creation Of International Commercial Law: Sovereignty Felled, Sandeep Gopalan

San Diego International Law Journal

The creation of international commercial law presents an interesting paradox for proponents of sovereignty in international law. Indeed, it could be argued that the creation of international commercial law is the vanishing point of sovereignty in that nation states are becoming increasingly less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the consequent need for international commercial law. The term "harmonization" will be used as a surrogate to discuss the creation of international commercial law, as it is the …

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The Rise Of The Code Of Conduct In Japan: Legal Analysis And Prospect, Koji Ishikawa Apr 2004

The Rise Of The Code Of Conduct In Japan: Legal Analysis And Prospect, Koji Ishikawa

ExpressO

A code of conduct is a set of rules adopted by transnational corporations (“TNCs”) to regulate mainly working conditions and the management of contract factories. TNCs adopted codes of conduct to cope with the rising criticisms from the public in late 1980s and 1990s about unfair labor practices in contract factories in Third World countries. As the globalization of the economy progressed, like American TNCs, Japanese TNCs also transferred their production bases to developing countries like China, Vietnam, Malaysia and Indonesia in search of low wage labor. The development of a code of conduct in Japan is, however, quite different …

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Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem Feb 2004

Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem

ExpressO

Social capital – the level of trust inherent in a society – will affect the contracting practices that are considered standard, practical or fair. These practices in turn will help determine the parties’ positions as they approach their negotiation, how they will communicate, and what terms they will agree in any particular transaction. This is true not only for the small transaction, but also for large and complex deals. As a result, when operating in a low-trust environment, even sophisticated parties (who can bear the costs of tailoring an agreement to their particular case), will be prone to relinquish or …

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