International Law Commons^™

Coriolan V. Immigration And Naturalization Service: A Closer Look At Immigration Law And The Political Refugee, Patricia J. Sheridan

Syracuse Journal of International Law and Commerce

Coriolan liberalized current interpretations of immigration law by relaxing, somewhat, the evidentiary burden facing the alien seeking political refuge in the United States. The concepts articulated in Coriolan provide a more humanitarian approach for refugees and are the key to a more realistic interpretation of the law.

Book Review, James K. Weeks

Syracuse Journal of International Law and Commerce

Review of the book “The Law of the European Economic Community-A Commentary on the EEC Treaty” by Hans Smit and Peter Herzog.

Panel Discussion: Regulation Of Foreign Investment And Trade, John J. Barcelo Iii, William Connell, Jon E. Bischel, James M. Spence, Michael Gadbaw

Syracuse Journal of International Law and Commerce

Article is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

Discussion among panelists regarding the new Foreign Investment and Trade Act of Canada, its implications regarding investment to Canada from the United States, tax treatment, and other investment issues.

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Syracuse Journal of International Law and Commerce

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Panel Discussion: Prognostications, L.F.E. Goldie, James M. Spence, Lorne S. Clark, Harold Russell, Michael Gadbaw, Frank Ruddy, John J. Barcelo Iii, William Connell

Syracuse Journal of International Law and Commerce

Discussion is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

The panel discusses effects of the Foreign Investment Review Act will have on the future of United States investment flows into Canada, while acknowledging the unique relationship these two trading patterns have and the symbiosis that each provides to the other for the betterment of both North American trading partners.

Foreign Commerce Regulation Under The Interstate Commerce Act: An Analysis Of Intermodal Coordination Of International Transportation In The United States, Paul Stephen Dempsey

Syracuse Journal of International Law and Commerce

The economic regulation of the transportation of commodities moving in foreign commerce is, in the United States, divided among three separate and independent regulatory agencies. This analysis explores the legal developments which have in recent years appeared in the arena of international transportation. More specifically, it shall focus on such regulation as promulgated in the Interstate Commerce Act (ICA) and, concomitantly, the interrelationship of regulatory responsibilities between the separate administrative bodies holding jurisdiction over international transportation and their efforts to stimulate intermodal cooperation.

The Rule On Interlocutory Injunctions Under Domestic Law And The Interim Measures Of Protection Under International Law: Some Critical Differences, A. O. Adede

Syracuse Journal of International Law and Commerce

The author describes Article 41 of the Statute of the International Court of Justice, which is meant to preserve the respective rights of parties to the dispute pending litigation. The view adopted in this Article is that it is evidently necessary to state specifically, in an instrument conferring jurisdiction to indicate interim measures upon an international forum, that such measures shall be binding as between the parties to the dispute and in respect of that particular case. Without such a specific provision on the binding nature of interim measures, an instrument conferring jurisdiction will be understood as having left the …

The Law Of Natural Resources Development: Agreements Between Developing Countries And Foreign Investors, Andrew N. Onejeme

Syracuse Journal of International Law and Commerce

Explores the changing idea of national sovereignty issues in respect to the natural resources held by an economically developing country, and how laws and legal thinking have changed from the times of colonial legal reasoning to today’s newly independent and self-governing countries.

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Syracuse Journal of International Law and Commerce

No abstract provided.

International Law And Natural Resources, Lorne S. Clark

Syracuse Journal of International Law and Commerce

Article is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

In both Canada and the United States, the finite nature of our resource inheritance is increasingly appreciated, and this has raised similar concerns about availability in relation to national needs. Canada -- which has a greater percentage of its resources owned by foreign corporations than any other industrialized nation in the world -- this realization is matched by a desire to improve the economic benefit to Canadians from the export of our nonrenewable resources. Canadians are now seeking to take fuller advantage …

Books Received

Syracuse Journal of International Law and Commerce

Reviewing: “International Law: Chiefly as Interpreted and Applied in Canada” edited by J.-G. Castel; “The Irish Triangle: Conflict In Northern Ireland” by R. Hull; “Racial Discrimination and Repression in Southern Rhodesia” by The International Commission Of Jurists; “Pattern for Profit in Southern Africa” by Ian Mackler; and “Arbitration In International Trade,” by P. O'keefe.

Recent Developments In The Legal Framework Of U.S.-Canadian Trade, Michael Gadbaw

Syracuse Journal of International Law and Commerce

Article is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

This paper reviews recent trade law developments affecting U.S.-Canadian trade flows. Specifically, it covers: (1) the General Agreement on Tariffs and Trade, (2) the Agreement with Canada Concerning Automotive Products, and (3) several provisions of U.S. law which directly affect U .S.-Canadian trade. Illustrated is the dynamic and complex system of laws through which national economic policies are implemented. While great progress has been made in the reduction of trade barriers, there are still a number of serious problems which need to …

Changes In The 1976 Tax Reform Act In The Treatment Of Discs: Streamlining The Disc Provisions, Alan Laufer

Syracuse Journal of International Law and Commerce

This paper examines the creation of the Domestic International Sales Corporation (DISC) method of deferral of tax on export income in 1971. The DISC legislation was part of a general effort by Congress, in the late 1960's and early1970's, to bolster the United States economy by using tax incentives in order to solve an ever worsening balance of payments deficit, followed by the subsequent Tax Reform Act of 1976 that responded to many of the longstanding criticisms of the DISC shelter, which had been present since the DISC scheme was first enacted.

Sovereignty In Antarctica: The Anglo-Argentine Dispute, Russell W. Mackechnie Jr.

Syracuse Journal of International Law and Commerce

The purpose of this article is to examine the relevant arguments of Argentina and Great Britain and, in light of an analysis of the theories of territorial sovereignty and prior decisions, to suggest that, should the dispute be referred for decision to the International Court of Justice, Argentina has a formidable array of arguments at her disposal. It may be argued that the opportunity for decision by the Court is foreclosed by the existence of the Antarctic Treaty, that the issue of territorial sovereignty in Antarctica is moot. It is submitted, however, that the possibility of a Court determination is …

The Foreign Investment Review Act Of Canada, James M. Spence

Syracuse Journal of International Law and Commerce

An assessment of the Foreign Investment Review Act of Canada of 1972, describing the rationale for the legislation, its results, and uncertainties about the scope of the jurisdiction of the Act.

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Syracuse Journal of International Law and Commerce

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Syracuse Journal of International Law and Commerce

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Personal Jurisdiction Over Alien Corporate Parents And Affiliates In Antitrust Actions: A Plea For Perspicuity, William D. Kingery Jr.

Syracuse Journal of International Law and Commerce

The purpose of this Comment is to read the entrails of judicial conceptions which have been sacrificed for reasons of public policy. Antitrust law provides a fertile source of cases which consider these problems. Almost since the passage of the Sherman Act, alien corporations have been sued when acts committed abroad have adversely affected U.S. plaintiffs. The extraterritorial application of antitrust law is well established. In most antitrust cases against corporations, a single sixty-year-old statute governs venue and service of process. There is nevertheless little agreement on its meaning.

After a brief review of the historical background, this Comment will …

Panel Discussion: Regulation Of Natural Resource Development, Harold Russell, Frank Ruddy, Lorne S. Clark, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

This panel discussion is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

A lively discussion of trade issues, laws and treatment of investments between the United States and Canada.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

The State As A Secular Phenomenon, Erhard Mock

Syracuse Journal of International Law and Commerce

In all his works Julius Stone has always put stress on the importance of historical reflection. Therefore, the author wishes to dedicate to Professor Stone this essay which deals from a Continental point of view with the historical background of one of the most fundamental principles of the modem state. This is the development of the secular character of the state. The essence of this. process (which predated the rise of the Continental democracies) is that the state as such is not to be identified with any religious or ideological position, thus guaranteeing the plurality of society.

The Petrodollar Energy Crisis: An Overview And Interpretation, Abbas Alnasrawi

Syracuse Journal of International Law and Commerce

Any meaningful analysis of the current petrodollar situation requires an understanding of the evolution of relationships between oil companies and the governments of the oil producing countries during the first half of this century, due to the great influence these relationships have had on the present situation. This paper hope to present an understanding of these dynamic players during the 20th century.

Following In Another's Footsteps: The Acquisition Of International Legal Standing By The Palestine Liberation Organization, Robert A. Fisher

Syracuse Journal of International Law and Commerce

The Palestine Liberation Organization (PLO) is a public body which has been accorded certain international legal standing. The purpose of this Comment is to chronicle the acquisition of that standing by reference to identifiable stages in a similar process undertaken by the Zionist Organization/Jewish Agency for Palestine. This kind of analysis should illustrate not only how international law bears upon Middle Eastern developments, but also how international practice of the last half century has allowed peoples such as the Jews and Palestinians to attain legal standing, as a vehicle for acquiring territorial sovereignty.

Thoughts On Practicing International Law, Richard Young

Syracuse Journal of International Law and Commerce

Many of the disputes that arise in international law mirror those in private and public practice law, the major difference being on an international scale the actors are different. The same set of skills lawyers bring to the equation are the same, with negotiation taking center stage. The author presents a thoughtful discussion of what qualities a lawyer should posess if he or she wishes to enter international law.

Petrodollars-The Recycling Problem: Some Introductory Remarks, David M. Sassoon

Syracuse Journal of International Law and Commerce

Whatever the actual size and volume of surplus funds that ultimately accrue to the oil producing countries as a result of the quadrupling of oil prices in late 1973 and early 197 4, there is no doubt that a dramatic and unprecedented shift in financial resources from the oil importing to the oil exporting countries has occurred. This trend will continue for at least the immediate future and probably will not reverse before the end of this decade, when new or alternative energy sources and changes in consumption patterns may begin to show their effects. To be sure, early forecasts …

Legal Sociology And Historical Materialism, Johann J. Hagen

Syracuse Journal of International Law and Commerce

This paper presents a dialogue between legal sociology and historical materialism, highlighting their arguments, illustrating their positions and defining Julius Stone's place in the debate.

Revolution-A Spiritual Phenomenon: A Study In The History Of Ideas, Henry E. Strakosch

Syracuse Journal of International Law and Commerce

The irrational and utopian note of the revolution remained constant through its long and eventful history. I will try to show that the idea of modern revolution is not simply an attack on an established authority, but a phenomenon sui generis, i.e., an attack on order as such, based on an identifiable metaphysical position. The present article may be regarded as an attempt to contribute through an uncovering of the spiritual roots of the revolution, to an understanding upon which depends the survival of personal values in the social order, at a time when that order seems threatened from without …

Contents

Syracuse Journal of International Law and Commerce

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Recycling The Petrodollar: Current Problem, Future Opportunity, Donald M. Pattillo

Syracuse Journal of International Law and Commerce

Have the U.S. balance of payments position and the value of our currency in relation to other national currencies been weakened by the increased petroleum prices? The answer is not self-evident. While increased imported oil prices have undoubtedly caused certain difficulties in the U.S. economy and in the BOP, it is entirely possible that over the long-term this situation could be economically advantageous to the United States. This paper seeks to illustrate the multifaceted dimension of currency movements and how money moves through the world's economy.

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Syracuse Journal of International Law and Commerce

Book reviews