International Law Commons^™

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.

Back Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Back Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Dennis Levine, An Exception Or The Norm: Inside Trading And Foreign Bank Secrecy, Stephen J. Psutka

Syracuse Journal of International Law and Commerce

As national securities markets rapidly become international markets, the idealized precept that federal securities laws are to create "a system providing equal access" to information for all investors, appears to falter. One cause of this breakdown is "insider trading." Traditionally prosecuted under the Securities Exchange Act of 1934,• illegal activities conducted through secret bank accounts outside U.S. borders and jurisdiction have posed a sobering challenge to prosecution of the inside trader.

Extending Extraterritorial Accomodations In Foreign Insolvency Proceedings, Joseph J. Wielebinski

Syracuse Journal of International Law and Commerce

The Bankruptcy Reform Act of 1978 (Bankruptcy Code)2 provided a flexible means to achieve an economic and efficient administration of creditors' claims and debtors' assets in foreign insolvency proceedings, while recognizing well-established principles of international law. Moreover, if implemented properly, the Bankruptcy Code provisions can effectively address the increasingly complex issues arising in foreign bankruptcy proceedings.

Back Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Terror In The Skies: Who Should Pay The Price?, Cheryl B. Feldmus

Syracuse Journal of International Law and Commerce

Since the 1960's, the vulnerability, visibility, and mobility of the aircraft has made it a favorite target for terrorists. 6 As a result, the airlines, as well as the innocent civilian victims, are forced to "pay the price" in the terrorists war against civilized society.

Air carrier liability for injuries to passengers on international

flights is governed by the Warsaw Convention, as modified by the Montreal Agreement. The articles of the Warsaw Convention attempt to regulate international air carrier liability in a uniform manner by establishing a presumption of liability, by limiting liability, and by establishing defenses against liability.

International Terrorism And The Problem Of Jurisdiction, Sompong Sucharitkul

Syracuse Journal of International Law and Commerce

Problems of pluri-dimensional complexity of definition, classification and norm-formulation converge in any meaningful endeavor to explore practical measures to prevent, preempt or otherwise to discourage and suppress acts of terrorism on an international scene. The present study is devoted to the treatment of only one of these problems, namely, the problem of jurisdiction. This problem presents itself in more than one connection. To ensure proper appreciation of the nature and scope of the multi-faceted problem of jurisdiction in the context of international terrorism, preliminary attention is focused on the need to adopt a balanced approach to the basic notion of …

Developing Countries Are Undermining Corporate America's Capacity To Market Its Creativity: A Call For A Reasoned Solution By The United States Government In Light Of The Continuing Deterioration Of The International Trademark System., Raymer Mcquiston

Syracuse Journal of International Law and Commerce

There is a growing crisis among international trademark owners over the protection afforded international trademarks in developing countries. American companies face increasingly restrictive foreign barriers on trademark use.

Abandoning The Deference Rule In Itc Interpretations Of The Antidumping Duty Law, Kevin C. Kennedy

Syracuse Journal of International Law and Commerce

In this article, I undertake a similar review of three recent Federal Circuit opinions involving an interpretation of the antidumping duty statute by the U.S. International Trade Commission (ITC). In two instances,7 the CAFC upheld the ITC's statutory interpretation of the antidumping duty law; in the third decision, the court rejected the ITC's view. In this article, I argue that in the two cases where the Federal Circuit sustained the ITC's interpretation of the antidumping duty law, the court conducted an independent review, notwithstanding its purported deference to the Commission's expertise. In the third case, Bingham & Taylor Div., Virginia …

Profile Of A Terrorist: Distinguishing Freedom Fighters From Terrorists, L. F. E. Goldie

Syracuse Journal of International Law and Commerce

As the terrorist becomes increasingly internationalized, he becomes more the enemy of all mankind than at any previous time. In this process, states are seeking everwidening bases for exercising their jurisdiction in their pursuit of security and the implementation of punishment for indiscriminate killing and injury. This paper will review and advocate developments in this search for a universal or near-universal jurisdiction against a crime which once was seen as consecrated to patriotism but which is now seen as an inhuman, anarchistic act having, possibly, its own twisted validity for its perpetrator but, in truth, being perpetrated against all mankind.

Israeli Human Rights Violations And Palestinian Violence, Shaw J. Dallal

Syracuse Journal of International Law and Commerce

This article will attempt to show that scrupulous adherence by both Israel and the United States to principles of international and U.S. law could be a major step in the resolution of the Palestinian- Israeli conflict. It will also attempt to show that the implementation of internationally recognized principles of human rights could reduce terrorism and violence in the region.

The United States-Canadian Automotive Trading Relationship And The Legality Of The Canadian Duty Remission Program, David A. Cohen

Syracuse Journal of International Law and Commerce

The automotive industry influences the entire U.S. economy. This huge industrial structure directly affects over four million jobs in the United States. In terms of foreign trade in 1985, the United States exported approximately $6 billion worth of new passenger cars to foreign nations; 96 percent of those automobiles went to Canada. This is an illustration of the U.S. automotive industry's direct interest in the U.S.-Canadian trading relationship, and the desire to obtain the potential benefits of a "broadened trading relationship" between the two countries. Presently, the United States and Canada have a unique dutyfree automotive trading arrangement which is …

Editor's Comment, Peter H. Sennett

Syracuse Journal of International Law and Commerce

Entering our fifteenth year, the Journal would like to thank all those who have served before us, as well as the College of Law administration, for their continued support. Also, we would like to extend special recognition to our alumni author, Joseph J. Wielebinski, who devoted his time and professional expertise to contribute to this edition. It is my belief that with such support, the Journal will continue to grow and provide a valuable experience for students while serving the legal community.

Preventing Billions From Being Washed Offshore: A Growing Approach To Stopping International Drug Trafficking, Andrea M. Grilli

Syracuse Journal of International Law and Commerce

Many of the approaches to stopping the growth of the drug problem have been based on two conflicting theories centered around supply and demand concepts. The United States, in supporting a supply-based approach, has aimed many of its drug programs toward the eradication of the narcotics trade, mainly in marijuana, cocaine and heroin, at the source, mostly Third World countries. The drug-producing countries, however, advocate a demand- oriented solution where the objective is to wipe out demand by rehabilitating drug users, thus eliminating the need for the supply. A third solution is now emerging, one that focuses on another aspect …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Terrorism: Israel's Legal Responses, Justus R. Weiner

Syracuse Journal of International Law and Commerce

Terrorism - politically motivated terrorism - is widely recognized today as one of the scourges of civilization. The frequency of terrorist acts, and the number of deaths and injuries that resulted have steadily increased during the past 20 years. Terrorism poses three challenges to the modern nation state: a security challenge, a moral challenge and a legal challenge. This article seeks to address the issues raised by the legal challenge, and particularly the responses to that challenge by Israel, whose citizens have been unceasing victims.

The End To Unilateral U.S. Action In Latin America: A Call For Expanding The Role Of O.A.S., David A. Rikard

Syracuse Journal of International Law and Commerce

Nevertheless, due to the threat of general warfare in Central

America, fears of "Revolution Without Borders," and perceived threats to national security interests, the United States may feel that it has no alternative but to continue its already expanding involvement in this region.

This Note advocates the establishment of a multi-national police force, organized under the auspices of the organization of American States. Such a force should preclude the perceived need for unilateral U.S. action, and could be utilized without violating international laws prohibiting intervention.

Frontmatter

Syracuse Journal of International Law and Commerce

No abstract provided.

The Status Of The Gulf Of Sirte In International Law, Francesco Francioni

Syracuse Journal of International Law and Commerce

This article examines whether Libya's declaration that the Gulf of Sirte is part of its territory is lawful.

1983-1984 Survey Of International Law In The Second Circuit, Patricia J. Youngblood

Syracuse Journal of International Law and Commerce

During 1983 and 1984, the United States Court of Appeals for the Second Circuit and the New York Court of Appeals decided significant cases raising issues of international law and of domestic law presented in international contexts.

Recent Developments: Rehearing Granted: Allied Bank International V. Banco Agricola Credito De Cartago And The Current International Debt Crisis

Syracuse Journal of International Law and Commerce

The United States District Court for the Southern District has ordered a rehearing of the ruling in Allied Bank International v. Banco Agricola Credito de Cartago1 (Allied). This is well received news in the banking community because the magnitude of foreign debt, especially to Latin and South American countries, is at an all time zenith. The early 1970's evidenced an unprecedented American growth in banking when United States banks expanded their international operations.2 The potential for future loan activity may be affected to a considerable extent, depending on how Allied is decided upon rehearing.

Countertrade And Export Trading Companies: Has The United States Joined The Successful Trading Game Of Japan And Others?, Lori-Ann Ricci

Syracuse Journal of International Law and Commerce

The purpose of this article is to examine the use of countertrade and export trading companies in the United States.

Copyright Protection For Computer Software: An International View

Syracuse Journal of International Law and Commerce

The best method for protection of computer software has been a topic of debate and considerable controversy during the past few decades both in the United States, and in technologically advanced countries throughout the world. Current legal theories of protection include patent, trade secret and copyright law. Although each theory has its particular merits, this Note will focus on the growing trend toward copyright protection for computer software.

The Delimitation Of Territorial Waters In The Mediterranean Sea, Andrea De Guttry

Syracuse Journal of International Law and Commerce

This article focuses on the delimitation of territorial waters in the Mediterranean Sea.

Historic Bays In International Law--An Impressionistic Overview, L. F. E. Goldie

Syracuse Journal of International Law and Commerce

This paper takes up the traditional concept of historic bays as one time-honored basis for asserting national claims at the expense of the common high seas, which, however, unlike some of the more recent forms of decentralized enclosures, purports to rely on, or should rely on, a specific, objective, and clearly articulated definition, rather than on a subjective one.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

The Implementation Process Of The International Code Of Marketing Of Breastmilk Substitutes

Syracuse Journal of International Law and Commerce

The passage of the World Health Organization (WHO) "International Code of Marketing of Breastmilk Substitutes" (Code of Breastmilk Substitutes) in May of 1981 marked a great achievement in the fight for improved infant health, but did not signify a lasting solution to the problem of poor marketing practices of infant formula manufacturers. The implementation of the Code of Breastmilk Substitutes is a long and difficult process because the Code was adopted as a recommendation under article 23 of the WHO Constitution, rather than as a regulation. The practical significance of the Code's status as a recommendation is that the Code …