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Articles 781 - 810 of 1519

Full-Text Articles in International Law

Re-Thinking Self-Determination: A Critical Analysis Of Current International Law Theories, Deborah Z. Cass Jan 1992

Re-Thinking Self-Determination: A Critical Analysis Of Current International Law Theories, Deborah Z. Cass

Syracuse Journal of International Law and Commerce

The aim of this paper is to demonstrate the need to re-think the principle of self-determination by establishing that an undesirable level of uncertainty exists regarding the usage of the term, and to show that a major cause of the confusion is due to the inadequacy of conventional approaches. These objectives will be achieved by identifying and evaluating conflicting approaches toward the meaning of self-determination, proposing an explanation for why the debate has evolved and suggesting which approach best serves the needs of the international community.

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1990-91 Survey Of International Law In The Second Circuit, Douglas Hollowell Jan 1992

1990-91 Survey Of International Law In The Second Circuit, Douglas Hollowell

Syracuse Journal of International Law and Commerce

WARSAW CONVENTION : Victoria Sales Corp. v. Emery Air Freight Inc., 917 F.2d 705 (2d Cir. 1990); Recovery of money damages afforded under article 18 of the Warsaw Convention does not extend to loss of cargo outside the physical boundaries of an airport . In re Air Disaster At Lockerbie, Scotland (Rein v. Pan American World Airways, Inc.), 928 F.2d 1267 (2d Cir.), cert. denied, 112 S. Ct. 331 (1991); Punitive damages are not recoverable under article 17 of the Warsaw Convention even in the case of willful misconduct by an airline. C. Sulewski v. Federal Express Corp., 933 F.2d …

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The Law Professor Refugee, Bernhard Grossfeld, Peter Winship Jan 1992

The Law Professor Refugee, Bernhard Grossfeld, Peter Winship

Syracuse Journal of International Law and Commerce

Jurists operate with, and think in, language; it is a matter of life or death for their professional activity. When their linguistic environment is changed, they lose their natural freedom of expression. They are thrown into the cage of a foreign language - a language that will seldom come as naturally as is necessary to express their creativity. He often loses his emotional and intellectual identity! In this essay we seek to cast light on this loss of identity. In doing so, we hope to bring out from the shadows some of the frustrations and tribulations of the law professor …

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International Law And The United Nations' Role In The Gulf Crisis, Shaw J. Dallal Jan 1992

International Law And The United Nations' Role In The Gulf Crisis, Shaw J. Dallal

Syracuse Journal of International Law and Commerce

This article will examine the historical background which precipitated Iraq's invasion, occupation and annexation of Kuwait. It will also examine the political and legal aspects of the U.N. Security Council's resolutions pertaining to Iraq's actions against Kuwait. Finally, it will examine the legitimacy in international law of the use of force against Iraq by the U.S. and its coalition partners.

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Mexico's New Foreign Investment Regulations: A Legal Analysis, J. H. Kepner Jr. Jan 1992

Mexico's New Foreign Investment Regulations: A Legal Analysis, J. H. Kepner Jr.

Syracuse Journal of International Law and Commerce

new Regulations seem to open Mexico up for foreign investment, they cause potential legal problems of which an investor must be aware. The Regulations are vague and confusing in many areas, and the Mexican government exercises great discretion in interpreting many of its provisions. Moreover, the Regulations, as they are written, appear to violate certain provisions of Mexico's Constitution. 7 If so, a potential investor may one day find, that though he followed the Regulations to the letter, he nonetheless violated Mexican law. This could have serious ramifications for both himself and his investment.

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Debt-Equity Conversions, Debt-For-Nature Swaps, And The Continuing World Debt Crisis, Daniel H. Cole Jan 1992

Debt-Equity Conversions, Debt-For-Nature Swaps, And The Continuing World Debt Crisis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

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German Jewish Refugee Lawyers Abroad: The Bonn Conference Of 1991, M. H. Hoeflich Jan 1992

German Jewish Refugee Lawyers Abroad: The Bonn Conference Of 1991, M. H. Hoeflich

Syracuse Journal of International Law and Commerce

During World War I, Jews were allowed to serve in the German armed forces. Gradually Jews were permitted to practice the professions, including law. By the time of the establishment of the Weimar Republic after the war, Jewish lawyers had assumed a major role in the profession and were amongst the most well-known practitioners and law professors. With the accession to power of Hitler and the National Socialist party in the 1930s, however, things changed radically. They were deprived of their rights and dismissed from their jobs. During the period from 1933 to 1941, when escape became impossible, a few …

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The New World Order And The Rule Of Law, John Quigley Jan 1992

The New World Order And The Rule Of Law, John Quigley

Syracuse Journal of International Law and Commerce

This article reviews the United States' recent practices, both executive and congressional, to assess whether they bespeak an adherence to the rule of law. The article explores two aspects of United States practice: the extent to which the United States works cooperatively through international organizations, and the frequency with which it resorts to use of armed force.

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Investing In Democracy: Joint Venture Opportunities In The Czech And Slovak Federal Republic, Kristina Smith Jan 1992

Investing In Democracy: Joint Venture Opportunities In The Czech And Slovak Federal Republic, Kristina Smith

Syracuse Journal of International Law and Commerce

The purpose of this Note is to assess the potential for successful business ventures in the C.S.F.R. in relation to the 1990 amendments to the Act. This Note will first discuss the needs and concerns of U.S. business persons who, until now, have been hesitant to join their Western European counterparts in establishing a business presence in the Eastern European marketplace. It will then analyze the Act and determine whether the 1990 amendments sufficiently remove traditional legal barriers to foreign equity investment in the C.S.F.R. Finally, this Note concludes that there are numerous economic and political measures, embodied in both …

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Canada's Constitutional Crisis After Meech Lake: Setting A New Course For A European Union?, Anthony J. Davis Jan 1992

Canada's Constitutional Crisis After Meech Lake: Setting A New Course For A European Union?, Anthony J. Davis

Syracuse Journal of International Law and Commerce

The purpose of this Note is to analyze whether the European Union is a viable solution to Canada's disintegrating constitutional order. Part II will discuss the historical background of the present constitutional order of Canada. It will examine the historical, political and social context that brought about changes in Canada's basic laws. In part III, the impact that the Meech Lake Accord would have had on the present constitutional framework in Canada and the events after its failure will be analyzed. Part IV will provide an overview of the historical context of the European Union's creation and the fundamental principles …

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Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi May 1991

Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi

Dalhousie Law Journal

Nigeria is a Federation consisting of twenty-one States, and a Federal Capital Territory. It is the largest African Country with probably the largest concentration of foreign investment potentialities with a viable and adequate financing. In the true tenet of Federalism, the 1979 Constitution provided for a distinction in the legislative powers between the central Government and the State Governments. The Constitution of the Federal Republic of Nigeria 1989 has also maintained this federal arrangement. Although that is the constitutional position, the Military Government has, as a matter of policy, built into the system some element of unitarism in a federal …

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Front Matter Jan 1991

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

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Exploitation On Porpoise: The Use Of Purse Seine Nets By Commercial Tuna Fishermen In The Eastern Tropical Pacific Ocean, Kerry L. Holland Jan 1991

Exploitation On Porpoise: The Use Of Purse Seine Nets By Commercial Tuna Fishermen In The Eastern Tropical Pacific Ocean, Kerry L. Holland

Syracuse Journal of International Law and Commerce

This note will focus on the killing of dolphins in the Eastern Tropical Pacific Ocean (ETP) where the majority of fishing-related dolphin deaths occur. Part II will explain past and present fishing methods and discuss how the development of fishing technology has caused a serious depletion of dolphin stock at an alarming rate. Part III will address the United States' response to the situation through the promulgation of legislation designed to limit the total number of dolphins killed. Part IV will focus on initial steps taken by the international community that serve to supplement and extend laws already existing on …

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The Court Of First Instance Of The European Communities, Neil J. Weidner Jan 1991

The Court Of First Instance Of The European Communities, Neil J. Weidner

Syracuse Journal of International Law and Commerce

The purpose of this Note is to examine the organization and structure of the Court of First Instance to determine whether it is suited to assume its role as a trial court. In particular, emphasis will be placed on the new court's ability to be a fact-finder as this is one of its primary tasks. It may be helpful in this connection to first review the role and function of the Court of Justice within the European Community; and, then the circumstances under which the Community chose to attach a lower level court to the Court of Justice. With this …

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In Memorian For L.F.E. Goldie, Manfred Lachs, Myres S. Mcdougal, Peter E. Herzog Jan 1991

In Memorian For L.F.E. Goldie, Manfred Lachs, Myres S. Mcdougal, Peter E. Herzog

Syracuse Journal of International Law and Commerce

Professor Louis Frederick Edward Goldie died suddenly of a heart attack on January 12, 1991 at the age of seventy-two. Professor Goldie's death deprives the world's legal community of one of its most outstanding scholars and is a grievous personal loss to his students and colleagues at the Syracuse University College of Law. Professor Goldie specialized in teaching the international law of the sea, international environmental and resources law, boundaries and zones, and treaties under the United States Constitution.

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Rule 144a, Regulation S And Amending The Glass-Steagall Act: A New Look At Foreign Banks And Foreign Issuers Participating In The United States Securities Market, Raymer W. Mcquiston Jan 1991

Rule 144a, Regulation S And Amending The Glass-Steagall Act: A New Look At Foreign Banks And Foreign Issuers Participating In The United States Securities Market, Raymer W. Mcquiston

Syracuse Journal of International Law and Commerce

Article will review Rule l44A, Regulation S and PORT AL, and examine their application to foreign issuers, foreign banks and the possible expansion of secondary market trading in foreign equity securities. Certain restrictions set forth in Rule l 44A inhibit the creation of an effective secondary market trading in equity securities which may unnecessarily prohibit foreign issuers from participating in this new market. Part V will examine the sale of foreign banks' securities in this newly created secondary market and discuss the effect applicable United States banking laws may have on foreign banks' participation in Rule 144A transactions. As set …

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Cyprus And The Rule Of Law, Eugene T. Rossides Jan 1991

Cyprus And The Rule Of Law, Eugene T. Rossides

Syracuse Journal of International Law and Commerce

This article addresses two broad questions. First, whether the Turkish government, by its 1974 invasion and occupation of over a third of Cyprus using American-supplied arms, violated United States laws, bilateral agreements between Turkey and the United States under those laws, and any international charters, treaties and conventions. Second, whether the government of the United States, through the actions of Secretary of State Henry A. Kissinger, violated its own laws in connection with Turkey's invasion and occupation of Cyprus. The last section of the article briefly discusses a future course of action.

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Recent Developments In Inter-American Commercial Arbitration, Charles Robert Norberg Jan 1991

Recent Developments In Inter-American Commercial Arbitration, Charles Robert Norberg

Northwestern Journal of International Law & Business

Arbitration has become an effective procedure for resolving international commercial disputes in the Western Hemisphere. A framework of treaties exists, establishing substantive law and procedure for that purpose. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) has been ratified by sixteen Western Hemisphere countries. The Inter-American Convention on International Commercial Arbitration (1975) has been ratified by thirteen countries. Furthermore, the World Bank's Convention establishing the International Centre for the Settlement of Investment Disputes has been ratified by four Latin American countries and six anglophobe Western Hemisphere countries and it has been signed but not …

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Non-Lawyers In International Commercial Arbitration: Gathering Splinters On The Bench, James E. Meason, Alison G. Smith Jan 1991

Non-Lawyers In International Commercial Arbitration: Gathering Splinters On The Bench, James E. Meason, Alison G. Smith

Northwestern Journal of International Law & Business

In light of the frequent appearance of arbitration clauses in international contracts, and the volume of litigation handled in this manner, international commercial arbitration' has become a favorite subject of commentators who have primarily focused on the relative benefits of arbitration versus litigation and cross-institutional rules comparisons. One area that has received scant attention is the factors concerning the actual selection of particular individuals to serve as arbitrators. This article looks at how arbitrators are chosen today within the institutional context. Following this are general discussions of selected professions for indications of their members' inherent suitability for and adaptability to …

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The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond Jan 1991

The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond

Northwestern Journal of International Law & Business

In short, an arbitrator must have what Professor Pierre Lalive has called the "ability to judge," which implies a capacity to evaluate conflicting statements of law and/or fact and to have the wisdom, courage and expertise to reach and render a decision in such a way that the parties - and perhaps most of all the losing party - will recognize both the essential fairness of the procedure and the futility of efforts to overturn the award or oppose its execution. Only when this occurs, as happens in about ninety percent of ICC cases, can arbitration truly achieve the relative …

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The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz Jan 1991

The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz

Northwestern Journal of International Law & Business

One additional advantage of arbitration, the parties' ability to predetermine the law governing the resolution of the dispute, has gained growing recognition in recent years. This recognition, however, has been myopic to some extent. Some commentators see choice of law options confined either to the selection of one national legal system from several possibilities or to the selection of a single national, international, or anational legal system. Such a self-imposed limitation of the applicable law to one system of law often denies parties many of the benefits and powers allowed them in international commercial arbitration. As an alternative, an agreement …

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The Place Of Arbitration In The Conflict Of Laws Of International Commercial Arbitration: An Exercise In Arbitration Planning, Filip De Ly Jan 1991

The Place Of Arbitration In The Conflict Of Laws Of International Commercial Arbitration: An Exercise In Arbitration Planning, Filip De Ly

Northwestern Journal of International Law & Business

Growing complexities in the law and practice of international commercial arbitration and a certain loss of the spirit of arbitration require reflection by all interested parties (litigating parties, their counsels, arbitrators and arbitration centers) in order to maintain some of the traditional advantages of arbitration… The purpose of such reflection is to maintain the reputation of international commercial arbitration as a speedy and cost efficient dispute resolution mechanism for international business transactions. This may be achieved by an attempt to identify the options which interested parties may have and to indicate their respective advantages and disadvantages. This process may be …

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1992: The Case Of Financial Services, Caroline Bradley Jan 1991

1992: The Case Of Financial Services, Caroline Bradley

Northwestern Journal of International Law & Business

By the end of 1992 the European Community (EC) intends to create a single internal market in goods, services, labor and capital. Of all the internal markets to be created by the end of 1992, the single internal market in financial services may be the most interesting. This paper considers three aspects of the single market in financial services: regulatory harmonization as a solution to the problems caused by the development of international financial markets; the rules which the EC has adopted and proposed to create the single market in financial services; and the extent to which the single market …

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A Response To Elliot Richardson, 25 J. Marshall L. Rev. 33 (1991), George S. Spindler Jan 1991

A Response To Elliot Richardson, 25 J. Marshall L. Rev. 33 (1991), George S. Spindler

UIC Law Review

No abstract provided.

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Searching For A New Constitutional Model For East-Central Europe, Rett R. Ludwikowski Jan 1991

Searching For A New Constitutional Model For East-Central Europe, Rett R. Ludwikowski

Syracuse Journal of International Law and Commerce

The purpose of this Article is to review the constitutional traditions of the East-Central European states with emphasis on their liberal and democratic attributes. The Article will also examine the common core of the socialist constitutions and analyze the current constitutional development in the Soviet Union and in the two Central European countries most advanced in the process of constitutional transformation, Poland and Hungary. Finally, it will supply observations on the process of forming a new constitutional model in East-Central Europe.

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The Eec Merger Regulation And Its Impact On Non-Eec Businesses, Alec Burnside, Carl Meyntjens False Nov 1990

The Eec Merger Regulation And Its Impact On Non-Eec Businesses, Alec Burnside, Carl Meyntjens False

BYU Law Review

No abstract provided.

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Agency Investigation: Adjudication Or Rulemaking - The Itc's Material Injury Determiniations Under The Anitidumping And Contervailing Duty Laws, Edwin J. Madaj Oct 1990

Agency Investigation: Adjudication Or Rulemaking - The Itc's Material Injury Determiniations Under The Anitidumping And Contervailing Duty Laws, Edwin J. Madaj

North Carolina Journal of International Law

No abstract provided.

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The Rule Of Non-Inquiry And The Impact Of Human Rights On Extradition Law, John Quigley Oct 1990

The Rule Of Non-Inquiry And The Impact Of Human Rights On Extradition Law, John Quigley

North Carolina Journal of International Law

No abstract provided.

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Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation Oct 1990

Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

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The Harmfulness Tax: A Proposal For Regulation And Taxation Of Drugs, Lester Grinspoon Oct 1990

The Harmfulness Tax: A Proposal For Regulation And Taxation Of Drugs, Lester Grinspoon

North Carolina Journal of International Law

No abstract provided.

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