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Articles 121 - 150 of 378
Full-Text Articles in International Law
International Law And The United Nations' Role In The Gulf Crisis, Shaw J. Dallal
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.
Mexico's New Foreign Investment Regulations: A Legal Analysis, J. H. Kepner Jr.
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.
German Jewish Refugee Lawyers Abroad: The Bonn Conference Of 1991, M. H. Hoeflich
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 …
The New World Order And The Rule Of Law, John Quigley
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.
Investing In Democracy: Joint Venture Opportunities In The Czech And Slovak Federal Republic, Kristina Smith
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 …
Canada's Constitutional Crisis After Meech Lake: Setting A New Course For A European Union?, Anthony J. Davis
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 …
Exploitation On Porpoise: The Use Of Purse Seine Nets By Commercial Tuna Fishermen In The Eastern Tropical Pacific Ocean, Kerry L. Holland
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 …
The Court Of First Instance Of The European Communities, Neil J. Weidner
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 …
In Memorian For L.F.E. Goldie, Manfred Lachs, Myres S. Mcdougal, Peter E. Herzog
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.
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
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 …
Cyprus And The Rule Of Law, Eugene T. Rossides
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.
Searching For A New Constitutional Model For East-Central Europe, Rett R. Ludwikowski
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.
Soviet Straitjacket Psychiatry: New Legislation To End The Psychiatric Reign Of Terror In The U.S.S.R., Lorri M. Thompson
Soviet Straitjacket Psychiatry: New Legislation To End The Psychiatric Reign Of Terror In The U.S.S.R., Lorri M. Thompson
Syracuse Journal of International Law and Commerce
this note will briefly develop the history of psychiatric abuse in the Soviet Union. A discussion of the Soviet theory of dissent will be essayed for its role in encouraging psychiatric abuse for purposes of political repression. Part III will provide a thorough analysis of the two legal procedures for psychiatric confinement, along with an analysis of legal reforms implemented under Gorbachev. The question of whether political prisoners will find salvation in these reform measures will be addressed in the conclusion.
The Pathology Of Insider Trading And Japan's Amended Securities Exchange Law, John F. Imhof Jr.
The Pathology Of Insider Trading And Japan's Amended Securities Exchange Law, John F. Imhof Jr.
Syracuse Journal of International Law and Commerce
The failure of insider trading regulation in Japan is the product of social acceptance, traditional business structure, and the political self-interest. These factors explain why recent amendments to Japan's securities laws, adopted as a response to public outrage over government involvement in the Recruit-Cosmos scandal, are not a significant improvement. Part II will explain the limitations on the United States' ability to police foreign markets. Part III will compare insider trading regulation in the United States with the insider trading regulation that existed in Japan prior to the implementation of the new law in 1989. Part IV will explore the …
The Need For Extraterritorial Jurisdiction In The Application Of Title Vii Of The Civil Rights Act Of 1964: Boureslan V. Aramco, Dina S. Goldstein
The Need For Extraterritorial Jurisdiction In The Application Of Title Vii Of The Civil Rights Act Of 1964: Boureslan V. Aramco, Dina S. Goldstein
Syracuse Journal of International Law and Commerce
The Comment concludes that the Boureslan majority adhered to the canon of statutory construction by denying Title VII application overseas in light of the absence of the requisite congressional intent. The majority properly deferred policy considerations to Congress. Although this Comment concludes that the dissent's analysis in statutory construction is technically incorrect, it emphasizes the dissent's opinion because it sets forth national and foreign policy considerations that support the need for Congress to make Title VII enforceable outside the United States.
Closing The Loopholes: 1988 Trade Act Amendments To The Antidumping And Countervailing Duty Laws, Alan F. Holmer, Judith H. Bello, Patricia A. Zinski
Closing The Loopholes: 1988 Trade Act Amendments To The Antidumping And Countervailing Duty Laws, Alan F. Holmer, Judith H. Bello, Patricia A. Zinski
Syracuse Journal of International Law and Commerce
This article will address the changes aimed at rendering the AD and CVD laws more effective. 16 The article first outlines briefly the antidumping and countervailing duty laws. It then discusses the amendments designed to prevent evasion of the antidumping and countervailing duty laws. Next, the article discusses the repeal of duty drawback for antidumping and countervailing duties, and amendments to the determination of injury. Finally, the article assesses the significance of the 1988 Act amendments to the AD and CVD laws.
Technology Transfer In The People's Republic Of China: An Assessment, Stanley J. Marcuss, Arthur R. Watson
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
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
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
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
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
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
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 …
China's New Cooperative Joint Venture Law, Timothy A. Gelatt
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.
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
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.