International Law Commons^™

Julius Stone And The Adventure Of The Idea Of Justice, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

In developing the theory of an emergent international enclave of justice, Stone seeks to suggest alternative arguments regarding assistance to the developing communities of mankind which could interrelate the mutual compassion of peoples and long-term political and economic prudence. His thesis gives concreteness to notions of what is feasible, rather than what is ideal, in international economic justice.

The Meaning And Role Of Prescriptive And Descriptive Statements: Particularly In The Legal Universe Of Discourse, Ivanhoe Tebaldeschi

Syracuse Journal of International Law and Commerce

In a sense, any positive legal system can be considered as a body of prescriptive statements. Prescriptive statements represent indications of models of conduct. They include most often the linguistic expression "ought" (or "ought not") which works as a link between the grammatical subject and the predicate of the relevant sentence. Accordingly, prescriptive statements have also been called "ought-statements." This name has been mainly adopted in order to contrast prescriptive statements with descriptive statements, which are accordingly called "is-statements."

Another label for prescriptive statements is "deontic statements" or "statements having a deontic quality." Deontic quality imports a conceptual reflexion or …

International Law-Making And The Judicial Process: The World Court And The French Nuclear Tests Case, Edward Mcwhinney

Syracuse Journal of International Law and Commerce

For the student of sociology of law (and especially for one in the tradition of Julius Stone) the most interesting aspects of the French Nuclear Tests case are those concerning the international lawmaking process, and the special political-institutional role of the World Court in comparison to other organs of world community policy-making. This paper examines the legal dimensions and opinions of the Australia-New Zealand complaint against the French high-altitude nuclear bomb tests of the early 1970's and how it played out in the World Court.

The European Community And The Recycling Of Petrodollars, Peter Herzog

Syracuse Journal of International Law and Commerce

The author discusses the ways and means how surplus funds from oil producing countries can be channeled into Western Europe.

The Codifying Conference As An Instrument Of International Law-Making: From The "Old" Law Of The Sea To The "New", Edward Mcwhinney

Syracuse Journal of International Law and Commerce

Discusses the Third United Nations Conference on the Law of the Sea, delving into the history of international sea law and the problems of implementing, negotiating, and managing these broad laws that include many disparate countries and actors who hold unequal power and have different interests at stake.

Polemic In The International Court Of Justice, Timothy C. Mack

Syracuse Journal of International Law and Commerce

Jurisprudence, used as a technical term, has two meanings of equal currency, referring both to a philosophy of law and a science which "treats of the principles of positive law and legal relations." These meanings are vastly different in import. "Philosophy" suggests speculation and ideology, while "science" suggests fact and functionalism. Jurisprudence, like any discipline of observation and conclusion, can be a very useful tool in the legal analysis of one's own work and the work of others. The science, with its clear sight and objective standards, is obviously more dependable than the polemics of philosophy, and therefore the sole …

Introduction, Edward Mcwhinney

Syracuse Journal of International Law and Commerce

Introduces the following collection of essays in honor of Julius Stone, perhaps the greatest living exponent of the Anglo-Saxon School of Sociological Jurisprudence.

International Protection Of Computer Programs, Dale L. Carlson

Syracuse Journal of International Law and Commerce

This Comment is designed to acquaint the international lawyer with various considerations which underlie the obtaining of copyright and patent protection for computer programs. Both patent and copyright protection are considered in view of the statutory provisions of several technologically developed countries-the United States, Canada, the United Kingdom and the Soviet Union. In addition, the statutory provisions of the various countries are related to the particular ideologies of the administrative agencies which implement the patent and copyright laws within each jurisdiction.

A Tribute To Julius Stone On His Retirement From The Challis Chair, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

Honoring Julius Stone on his retirement from Sydney University Law School.

The Pragmatic Realism Of Julius Stone, Milton R. Konvitz

Syracuse Journal of International Law and Commerce

If realism and impossible ideals are both relevant for judgment, if one sees all the ironies and ambiguities in the wills and actions of men and nations and yet refuses to accept the actual or historical as normative, how does one find an adequate rubric to do justice to such a dialectical position? This essay seeks to answer this question in relation to the disposition to Julius Stone.

Bank Secrecy: The End Of An Era?, Milton Steven Blaut

Syracuse Journal of International Law and Commerce

Over the past decade legitimate businesses and organized crime have substantially increased their use of financial institutions in order to circumvent various U.S. laws. In 1969 the covert transfer of proceeds from narcotics trafficking, securities frauds, income tax evasion, S.E.E. margin violations and other illegal activities to secret foreign bank accounts constituted a significant portion of the U.S. balance of trade deficit. Congress responded to this problem by passing the Bank Secrecy Act of 1970 which has recently been upheld as constitutional by the Supreme Court, and is considering the United States-Switzerland Treaty on Mutual Assistance in Criminal Matters. This …

A Synopsis Of Canadian Immigration Law, John Hucker

Syracuse Journal of International Law and Commerce

During the century which has elapsed since Confederation, a continuing feature of Canadian law has been the extensive use made of subordinate legislation and administrative powers to control the flow of immigrants. As well as being few and far between,3 successive Immigration Acts have included broad regulation-making authority, which has permitted the implemention and adjustment of governmental policy without the necessity of statutory amendment. To obtain a realistic picture of contemporary Canadian immigration law it is, therefore, necessary to examine a considerable array of regulations, whose practical significance frequently outweighs that of the legislation itself

Two Arguments For An Empirical Foundation Of Natural-Law Norms: An Examination Of Johannes Messner's And Victor Kraft's Approaches, Alfred Verdross

Syracuse Journal of International Law and Commerce

The first question that confronts the doctrine of natural law is: how can social norms be ascertained from the Is of human nature? This question raises the preliminary problem as to whether there is a constant human nature at all, a secondary issue which has to be decided before the answer to the main question can be sought.

On The Objective Foundation Of Natural Law Norms, Ilmar Tammelo

Syracuse Journal of International Law and Commerce

It may well be that the term "natural law" has outlived its usefulness and that it should be replaced by another expression, under whose label that which is sound and of continued value in natural law thought would have a better chance to assert itself. However, an appropriate alternative term for "natural law" does not seem to be readily available.

The Counter-Formula Method And Its Applications In International Judicial Reasoning, Gabriel Moens

Syracuse Journal of International Law and Commerce

Julius Stone has pointed out that in view of the limited range of international judicial power and the corresponding necessity of restrained and careful reasoning, the contributions of international judges deficient in stringency of reasoning would lack the persuasive force so much required by the feebleness of the execution machinery of international judicial decisions. An efficient logical decisionprocedure, as the counter-formula method promises to be, would therefore be a much needed intellectual tool for international judges and other international lawyers.

Some Aspects Of Quebec's Official Language Act, Yvonne W. Rosmarin

Syracuse Journal of International Law and Commerce

In July 1974, the legislature of Quebec passed an Official Language Act, declaring French to be the sole official language of the province. Although the majority of Quebec's population speaks French, there is a significant minority of English-speaking Canadians living in the province who will be affected. This Act, commonly known as Bill 22, will also affect businesses, particularly American corporations with subsidiaries operating in Quebec. Bill 22 has sparked a controversy in Canada with respect to both its constitutionality and the power of the Province of Quebec to pass such legislation.

Since no cases thus far have tested Bill …

Bargaining Power And Strategy In The Foreign Investment Process: A Current Andean Code Analysis, Frederick M. Abbott

Syracuse Journal of International Law and Commerce

An overview and analysis of the Andean Common Market (ANCOM).

Back Matter

Syracuse Journal of International Law and Commerce

Recent cases and book reviews.

Expropriation, Threats Of Expropriation And Developmental Policy, Michael W. Gordon

Syracuse Journal of International Law and Commerce

The transference of ownership to host nation control has been, nearly without exception, politically, rather than economically motivated. While there are often viable economic justifications for domestic ownership of the means of production, economic issues are often poorly expressed or arise not in the context of the prior justification for property transference, but rather as a later impediment, due to the inability of a developing nation's current economic resources to meet the demanded payment for the property takeovers.

The Politicization And Death Of Rebus Sic Stantibus, William L. Scheffler

Syracuse Journal of International Law and Commerce

Rebus sic stantibus is a doctrine which, in simple terms, holds that an agreement may, when certain conditions are met, be partially or wholly abrogated. OPEC nations threaten to use this doctrine to change aggreements with oil consuming trading partners.

Legal Approaches To The Trade In Stolen Antiquities, John B. Seabrook

Syracuse Journal of International Law and Commerce

The international trade in stolen antiques and artifacts is examined with a focus on restricting such transactions.

Panel Discussion: American Tax Credits And Foreign Taxes And Royalties, Jon E. Bischel, Stanford G. Ross, Leslie Cookenboo, Pierre F. De Ravel D'Esclapon

Syracuse Journal of International Law and Commerce

This panel discussion primarily focuses on U.S. tax policy with regards to international oil companies.

The Changing Environment Of International Commerce: The Shortage Factor, Robert B. Huguet

Syracuse Journal of International Law and Commerce

An overview of transnational trade in the early 1970s is presented. The author examines oil, food and commodities shortages, international monetary policy, and the regulation of gold reserves.

Some Dilemmas Of An Internationalist In A World Of State Egoism, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

The validity of any statement about international law turns on the meaning one is prepared to give the term. To say that the obligation to pay prompt, adequate and effective compensation for the expropriation of alien property derives from the body of traditional customary international law pertaining to the responsibility of states, or that the obligation derives from domestic (constitutional), and not international law at all, is to speak without clear referent. Clarity of both intent and ideology are absolute necessities.

Panel Discussion: Expropriation, Threats Of Expropriation And Developmental Policy, L.F.E. Goldie, Michael W. Gordon, Fred B. Smith, John G. Laylin, G. W. Haight, Richard Young, Omar Ghobashy

Syracuse Journal of International Law and Commerce

This panel discussion is a conversation about the place of expropriation in international law.

Federal Income Tax Treatment Of United States Oil Corporations, Stanford G. Ross

Syracuse Journal of International Law and Commerce

Oil and gas operations are the single most important activity carried on by American multinational corporations. While there is a vast general literature on the tax laws applicable to foreign income, the particular application of this law to the oil industry is so sparse that one can count on the fingers of one hand the number of significant articles that have dealt specifically with this subject.

Trade Between The European Economic Community And The Eastern Bloc: The Development Of A Common External Commercial Policy For The Eec, Carl Cannucciari

Syracuse Journal of International Law and Commerce

The progression of trade agreements between the European Economic Community and the Eastern Bloc (COMECON) is explored.

Front Matter

Syracuse Journal of International Law and Commerce

Front cover, Table of contents, Board of editors, Subscription information,

Force And The Charter In The Seventies, Julius Stone

Syracuse Journal of International Law and Commerce

Force and the Charter is a very complex problem. It imports not merely the place of force in the relations of States within the Charter of the United Nations, but also the residual rules of international law, which themselves are very much older-several centuries older at least-than the United Nations. These are the residual rules of international law, customary international law, as we call it, concerning the use of force, insofar as the Charter has not abrogated those rules.

What To Expect When Trading With The U.S.S.R.: The Problems Confronting The American Exporter, David Marx Jr.

Syracuse Journal of International Law and Commerce

An examination of the ramifications of the 1972 Trade Agreement between the United States and the Soviet Union.