International Law Commons^™

International Commercial Transactions: 1998, Peter Winship

Faculty Journal Articles and Book Chapters

No abstract provided.

Awarding Costs And Attorneys' Fees In International Commercial Arbitrations, John Yukio Gotanda

Michigan Journal of International Law

This Article examines the practice of awarding costs and fees in international commercial arbitrations. Part I reviews the history of awarding costs and fees and the approaches that countries have adopted to resolve these claims. It concludes that an overwhelming number of countries permit such awards and follow the principle that the losing party should reimburse the prevailing party for expenses incurred in connection with the arbitration, including attorneys' fees. Part II examines the approaches used by international arbitral tribunals in resolving claims for costs and fees and finds that they are inadequate. Part Ill proposes a new model for …

International Secured Transactions And Revised Ucc Articles 9, Neil B. Cohen, Edwin E. Smith

Faculty Scholarship

No abstract provided.

Exit And Voice In The Age Of Globalization, Eyal Benvenisti

Michigan Law Review

The "globalization" of commerce provides ever-growing opportunities for producers, employers, and service providers to shop the globe for more amenable jurisdictions. While they enjoy a "race to the top," an international "race to the bottom," spawned by decreasing relocation costs, threatens to compromise the achievements of the welfare state and lower standards of consumer protection. National governments, weakened by competition that entails leaner budgets, find it increasingly difficult to cooperate in the appropriation of crucial shared natural resources, seriously endangering these assets while damaging the environment. Not only does the growing global competition create both efficiency losses and social-welfare problems, …

Emerging Leader Of The Tax Avant-Garde, Andrzej J. Burba

Vanderbilt Journal of Transnational Law

In 1998, Poland's Minister of Finance Leszek Balcerowicz unveiled a plan to restructure the tax system. His fiat tax proposal promises numerous benefits to individual and corporate taxpayers with significant reduction in tax rates for both groups. The new plan offers to further strengthen Poland's growing economy--a consequence that is especially significant in light of the country's aspiration to join the European Union. It provides a remedy for virtually every ailment plaguing the current tax system and, most importantly, the reform offers to finance itself This Note argues that the plan should be adopted immediately for the following reasons: (1) …

Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

International Legal Careers: Paths And Directions, James R. Maxeiner

Syracuse Journal of International Law and Commerce

This contribution first advances the hypothesis that there is no acknowledged path to a career in international legal practice. It then considers the value of international credentials in general in the light of that hypothesis. Finally, it discusses certain education and employment decisions one must make early in one's career.

The European Intergovernmental Conference: An American Perspective, George A. Bermann

Syracuse Journal of International Law and Commerce

the European IGCs invariably also hold interest from a comparative constitutional law perspective. Judged in these terms, the IGC is a highly curious phenomenon. This article seeks to sketch what appear to be the most salient characteristics of the intergovernmental conference as a general instrument of constitutional reform. In so doing, it also examines the fruits of the latest intergovernmental conference-the IGC that opened in Turin, Italy, in March 1996 and culminated in the Amsterdam Treaty of 1997. Finally, it implies some of the ways in which the intergovernmental conference, as a vehicle for constitutional reform, might in the future …

The Presidency Of The Council Of The European Union, Bernhard Schloh

Syracuse Journal of International Law and Commerce

There are five distinctive functions of the Presidency of the Council. They are: as manager of Council business; as a source of political initiatives; as a package-broker in negotiations; as a point of contact with other Community institutions; and as a representative of the Community in external relations. In the following pages, the first three of these functions will be grouped under the heading "The Presidency of the Council, internally," with two subheadings: General considerations, and; Specific comments respectively. The fourth will be enlarged to allow a discussion of the presidency of the European Council, and the fifth has obviously …

U.S. Income Taxation Of Foreign Parties: A Primer, Ernest R. Larkins

Syracuse Journal of International Law and Commerce

Over the last five years for which data are available, the number of foreign corporations showing net income on Form 1120F, U.S. Income Tax Return of a Foreign Corporation, has increased 36.5 percent. [1] In addition, the number of individuals granted temporary stays in the United States as non-immigrants has steadily increased from 9.5 million in 1985 to 24.8 million in 1996, an average annual increase of 9.1 percent. [2] These increases evidence growing opportunities to serve international clients and suggest that tax professionals must have a fundamental working knowledge of the way the U.S. tax system treats foreign parties. …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Economic Espionage: The Front Line Of A New World Economic War

Syracuse Journal of International Law and Commerce

No abstract provided.

Sur La Non-Codification Du Droit International Prive Francais, Paul Lagarde

Syracuse Journal of International Law and Commerce

The private international law is essentially positive fran9ais is by the case law of the Court of Cassation, which s is long Leaning on skeletal Article 3 of the Civil Code and prepare today to avoid prolonging the fiction, based on that it calls general principles of private international law and which are only the formulation this same jurisprudence.

Front Matter And Dedication

Syracuse Journal of International Law and Commerce

Dedication to Professor Peter E. Herzog, CRANDALL MELVIN PROFESSOR OF LAW The Syracuse Journal of International Law and Commerce is greatly honored to dedicate our twenty-fifth issue to Professor Peter E. Herzog. It is with profound admiration and respect that we honor our most senior faculty member here at the College of Law. We can think of no greater way to celebrate the twenty-fifth anniversary of our Journal.

Syracuse Journal Of International Law And Commerce - Vol. 26, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

1997-1998 Survey Of International Law In The Second Circuit

Syracuse Journal of International Law and Commerce

This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from Aug. 1, 1997 through Aug. 1, 1998. Only those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.

Table of Contents I. Foreign Sovereign Immunity Act II. Forum Non-Conveniens III. Immigration and Nationality Act IV. Quasi-In-Rem Jurisdiction and the Question of Due Process for Foreign Entities V. Warsaw Convention

Saddam Hussein As Hostes Humani Generis? Should The U.S. Intervene?, Edieth Y. Wu

Syracuse Journal of International Law and Commerce

This article discusses several jurisdictional principles which may assist the United States in its efforts to acquire jurisdiction in certain situations that are declared, by the United States, egregious enough to warrant intervention. The United States has long used the "effects doctrine" 1 to assert extraterritorial jurisdiction. This article concentrates on developing and employing the Hostes Humani Generis Theory 2 and its past and possible future use. The central focus is to determine whether the possibility exists that the United States may use the theory in an effort to acquire physical jurisdiction over Saddam Hussein.

A survey, though not comprehensive, …

The Protection Of International Investment At The Start Of The Twenty-First Century: Will Anachronistic Notions Of Business Render Irrelevant The Oecd's Multilateral Agreement On Investment, 31 J. Marshall L. Rev. 1201 (1998), Michael P. Avramovich

UIC Law Review

No abstract provided.

International Commercial Transactions: 1997, Peter Winship

Faculty Journal Articles and Book Chapters

No abstract provided.

American Assistance To Litigation In Foreign And International Tribunals: Section 1782 Of Title 28 Of The U.S.C. Revisited, Hans Smit

Syracuse Journal of International Law and Commerce

In the following, primary consideration will be given to the constructions given to Section 1782 by the courts. My conclusion will be that, on the whole, Section 1782 has served its intended purpose, that, on occasion, some courts have given it a construction that is at odds with both its clear text and evident purpose, but that it is reasonable to expect that, over time, the courts and commentators will fall into line and will apply Section 1782 in a manner consistent with its purpose of facilitating the conduct of litigation with international aspects.

The French Refere Procedure And Conflicts Of Human Rights, Wallace R. Baker, Patrick De Fontbressin

Syracuse Journal of International Law and Commerce

The purpose of this article will be to ascertain to what extent Pierre Drai' s prediction has been realized. We examine cases where the ref ere procedure has been used in private human rights disputes where one party seeks to limit the right of freedom of the press or expression by claiming such right has been used illegally or in an abusive way. We will not deal with human rights violations by member states.

The Sps Agreement Of The World Trade Organization And International Organizations: The Roles Of The Codex Alimentarius Commission, The International Plant Protection Convention, And The International Office Of Epizootics, Terence P. Stewart, David S. Johanson

Syracuse Journal of International Law and Commerce

The proper fanctioning of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) of the World Trade Organization (WTO) depends in part upon three international organizations, the Codex Alimentarius Commission (Codex), the International Plant Protection Convention (IPPC), and the International Office of Epizootics (OIE). The SPS Agreement states that the sanitary and phytosanitary (SPS) standards of these organizations are the benchmark international standards for WTO members, and recent WTO decisions demonstrate the importance of international standards in the settlement of WTO disputes involving SPS measures. The Codex, IPPC, and OIE also provide valuable services that benefit the …

Book Review, Henry H. Perritt Jr.

Syracuse Journal of International Law and Commerce

Book Review: Richard Haas, The Reluctant Sheriff: The United States After the Cold War, New York, Council on Foreign Relations (1997)

A Dynasty Weaned From Biotechnology: The Emerging Face Of China

Syracuse Journal of International Law and Commerce

No abstract provided.

Time To Try Mediation Of International Commercial Disputes, Harold Abramson

Scholarly Works

No abstract provided.

Industrial Espionage As Unfair Competition, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

The Unidroit Principles Of International Commercial Contracts And The Wto: Between An "International Restatement" And A "Globalization" Of Contract Law? A Review Of An International Restatement Of Contract Law: The Unidroit Principles Of International Commercial Contracts, Imtyaz M. Sattar

Indiana Journal of Global Legal Studies

No abstract provided.

Down And Dirty In The Global Village: Jack Webb's Guide To International Commercial Litigation, Jeffrey W. Stempel

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Aspects Of The Uncitral Regimes For Procurement And For International Commercial Arbitration, And Government International Commercial Contracts In The Commonwealth Caribbean, Hugh A. Rawlins

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Beyond Marking: Country Of Origin Rules And The Decision In Cpc International, 31 J. Marshall L. Rev. 179 (1997), Donna L. Bade

UIC Law Review

No abstract provided.