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Articles 61 - 90 of 378
Full-Text Articles in International Law
Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer
Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer
Syracuse Journal of International Law and Commerce
The Rome Statute for the International Criminal Court (ICC) provides an ideal opportunity for Native American nations to begin attaining the rights and protections they have sought from the U.S. Government. Essentially, ratification would establish a legal relationship between Native American tribal governments and the ICC, as an international body, permitting Native American nations to interact independently with international organizations and States. Native Americans could help lay the foundation for establishing international legal personality-something previously denied by the United Nations (U.N.)-through ratification. In tum Native Americans would place pressure on the United States Government to recognize their political sovereignty. The …
Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty
Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty
Syracuse Journal of International Law and Commerce
Lawmakers in the world's two largest economies, the United States and Japan, have enacted legislation to require firms to at least consider altering their governance structure. In the United States, the 2002 Sarbanes-Oxley Act (SOX) and Securities and Exchange Commission (SEC) rules have led to revised governance structures at the 30 Dow Jones (DJ) companies. The governance changes affect the composition, size and functions of the board of directors and its relations with the chief executive officer (CEO). A 2003 change in the Japanese Commercial Code provided firms with three governance options, including a "Company with Committees" system similar to …
Breaking The Chain Of Violence In Israel And Palestine: Suicide Bombings And Targeted Killings Under International Humanitarian Law, Demian Casey
Syracuse Journal of International Law and Commerce
This note examines the legal justifications for these acts under international humanitarian law, in order to determine whether the law is sufficient to break the chain of suicide bombings and retaliatory assassinations in Israel and Palestine. The legal status of the suicide bombing of Egged Bus 32A and the retaliatory assassination of Shehadeh are examined as typical instances of violence that have marked the al-Aqsa Intifada. The attacks are analyzed to determine how the law should be applied to prevent this violence. Part I provides background information on the suicide bombing and retaliatory assassination. Part II discusses international humanitarian law …
Towards A Test Of The International Character Of An Armed Conflict: Nicaragua And Tadic, Leo Van Den Hole
Towards A Test Of The International Character Of An Armed Conflict: Nicaragua And Tadic, Leo Van Den Hole
Syracuse Journal of International Law and Commerce
Two international Tribunals recently examined what level of direction and control has to be wielded by a State over military or paramilitary groups to make a non-international conflict an international one. The general view perceives the holdings of both tribunals to be in conflict, this article maintains that they are not. It argues that both tribunals were weighing factors, and that every court of first instance always has to weigh these factors to decide whether acts of armed groups can be attributed to a State.
On Law And Democratic Development: Popular Constitutionalism And Judicial Supremacy, Daan Braveman
On Law And Democratic Development: Popular Constitutionalism And Judicial Supremacy, Daan Braveman
Syracuse Journal of International Law and Commerce
I was asked to comment on the topic of the conference as it relates to the United States. It is not simply my law background that persuaded me to focus on the issue of judicial supremacy. Examination of law and democracy in the United States at some point must tum its attention to the role of the courts, particularly the Supreme Court, in furthering democratic principles. A fundamental aspect of our democratic experience has been the institution of judicial review, the proposition that unelected, life-tenured judges have the power to declare that our elected representatives have acted unconstitutionally. This is …
Roads To Democracy, Lawrence M. Friedman
Roads To Democracy, Lawrence M. Friedman
Syracuse Journal of International Law and Commerce
Of course, "democracy" is not a simple concept; and no two systems that claim to be democracies are exactly the same. The "rule of law" is if anything an even more contested concept. For the purposes of this paper, we do not really need to define democracy rigorously. A society with a reasonable dose of freedom of speech and the press, freedom of religion, more or less fair elections, and the customary package of basic human rights, respected (on the whole) by the government, qualifies as a democracy. These will also tend to be societies that respect the rule of …
Constitutional Responsibility To Provide A System Of Free Public Schools: How Relevant Is The States' Experience To Shaping Governmental Obligations In Emerging Democracies?, Denise A. Hartman
Syracuse Journal of International Law and Commerce
This article will first briefly outline the evolution of public education in the United States from a national perspective. Next, it will focus in on a couple of states, Massachusetts and Pennsylvania, setting forth in more detail the history of public education in those states, the constitutionalization of the government's responsibility for public education in those states, and judicial interpretations of that constitutional responsibility. Finally, this paper will attempt to draw some inferences and propose a set of principles to guide the formulation of a national role for providing a system of public education in emerging constitutional democracies.
The Tension Between Legal Instrumentalism And The Rule Of Law, Brian Z. Tamanaha
The Tension Between Legal Instrumentalism And The Rule Of Law, Brian Z. Tamanaha
Syracuse Journal of International Law and Commerce
At the heart of the United States legal culture lie two core notions that exist in deep tension with one another: the idea that law is an instrument, and the rule of law ideal. Although they continue to coexist despite this tension, there are indications that the instrumental view of law is putting a serious strain on the rule of law ideal. The substantive version of the rule of law is the idea that there are legal limits on the government: there are certain things the government cannot do, even when exercising its sovereign lawmaking power. This version of the …
Do Free Markets Create Free Societies?, Samuel Krislov
Do Free Markets Create Free Societies?, Samuel Krislov
Syracuse Journal of International Law and Commerce
The notion that markets lead to law and freedom is said to have originated in Adam Smith's work and rooted in history. Both the progression and roots seem highly problematic. Neo-Smithian approaches have been refurbished by general acceptance of a contingent nature of the relation. They have also been enhanced by the failures of European Marxist economics in ways predicted with uncanny accuracy. On the other hand, neo-classical claims of democratic welfare system were only a step away from similar failures, which have been refuted. Hopes that an international system might impose democracy from outside the nation-state are overly optimistic. …
Democratic Norms And Regional Stability Panel Deiscussion: An Introduction, David S. Berry
Democratic Norms And Regional Stability Panel Deiscussion: An Introduction, David S. Berry
Syracuse Journal of International Law and Commerce
The following three brief articles raise and address fundamental questions about the role of democracy at the regional and international levels. They examine the current status of democracy and the suggested "right to democracy" at international law, particularly in the Americas context. Developed from papers presented at a panel entitled "Democratic Norms and Regional Stability: Global Challenges and Responses in the Americas," these three pieces examine the current role of democracy in the region, including the role of the Inter-American Democratic Charter. The latter document, paralleled by provisions in the Charter of the Organization of American States and resolutions of …
Thicker Than Blood: Holding Exxon Mobil Liable For Human Rights, Kerrie M. Taylor
Thicker Than Blood: Holding Exxon Mobil Liable For Human Rights, Kerrie M. Taylor
Syracuse Journal of International Law and Commerce
This Note focuses on the accountability of multinational corporations that commit human rights violations abroad. More specifically, this note will focus on whether Exxon Mobil, who reported approximately $210 billion in revenue and was listed by Fortune as the largest publicly held corporation for the year 2000, may be held liable under the Alien Torts Claim Act ("ATCA") for knowingly supporting the egregious behavior of the Indonesian military. Part I of this Note explores the scope of the corporate human rights problem. Part II discusses the birth of multinational corporations ("MNCs"). Part III examines the history of the A TCA …
2003-2004 Survey Of International Law In The Second : Alien Tort Claims Act And Subject Matter Jurisdiction, Rohit Punj
2003-2004 Survey Of International Law In The Second : Alien Tort Claims Act And Subject Matter Jurisdiction, Rohit Punj
Syracuse Journal of International Law and Commerce
In Presbyterian Church of Sudan v. Talisman Energy, the District Court for the Southern District of New York held that there was subject matter jurisdiction under the Alien Tort Claims Act [hereinafter ATCA], and that the Court could assert personal jurisdiction over a foreign corporation under New York law. The Court treated Talisman Energy [hereinafter Talisman], a Canadian corporation, as a state actor for ATCA purposes and further found that Talisman's acts constituted jus cogens violations. This Court's ruling reaffirmed Second Circuit and international treaty precedent, which holds that corporations may be held liable for }us cogens violations under the …
International Money Laundering And U.S. Law: A Need To "Know-Your-Partner", Marian Hagler
International Money Laundering And U.S. Law: A Need To "Know-Your-Partner", Marian Hagler
Syracuse Journal of International Law and Commerce
This article seeks to draw attention to the importance of understanding and mitigating the risks associated with the broad sweep of U.S. money laundering laws for persons pursuing new business relationships, such as new ventures in emerging markets. This article first examines the technical aspects of U.S. money laundering laws in the context of international transactions, and then provides recommendations for measured due diligence and other steps that work to reduce exposure to them by complying with the law's implicit "know your partner" requirement.
Introduction To Indigenous Law Symposium Transcripts, Danielle R. Lapierre
Introduction To Indigenous Law Symposium Transcripts, Danielle R. Lapierre
Syracuse Journal of International Law and Commerce
The Center for Indigenous Law, Governance and Citizenship was established in 2003 at Syracuse University College of Law under the direction of Robert Odawi Porter. The Center has four main goals: To conduct research relating to the citizenship rights and responsibilities of Indigenous peoples in the United States, Canada, and throughout the world; To conduct research relating to the law and governance of Indigenous nations in the United States and Canada; To provide technical assistance to Indigenous nations in the United States and Canada seeking to reform their governing institutions and administrative laws, as well as federal, state, local, and …
What Is The Federal Government's Trust Responsibility Towards Removed And Unremoved Indian Nations?, Ann C. Juliano
What Is The Federal Government's Trust Responsibility Towards Removed And Unremoved Indian Nations?, Ann C. Juliano
Syracuse Journal of International Law and Commerce
The question of removed and unremoved Indian nations competing with each other arises here in New York in the context of the land claims. There is also a land claim which has been filed in Pennsylvania. There are no federally recognized tribes in Pennsylvania and thus, there is an issue of a removed tribe returning to exercise jurisdiction. This raises the next question: what kind of jurisdiction do returning removed tribes have, and, given that removal policy across the country, can these types of cases arise in any number of states?
Small State With A Big Tradition: Norway Continues Whaling At The Expense Of Integration And Nordic Cooperation, Sonja M. Halverson
Small State With A Big Tradition: Norway Continues Whaling At The Expense Of Integration And Nordic Cooperation, Sonja M. Halverson
Syracuse Journal of International Law and Commerce
This Note has been separated into five parts. Part I summarizes the history of whaling, details Norwegian contributions to the whaling industry, and outlines the formation and transformation of the International Whaling Commission. Part II discusses the legality of Norwegian whaling, enforcement failures within the International Whaling Commission, and exceptions to international law that legalize Norwegian whaling. Part III illustrates the negative effect of Norwegian whaling on Norway's relationship with the European Union and the potential effect that whaling could have on other Nordic countries. Part IV examines the future of Norwegian whaling and contemplates the possibility of Norway discontinuing …
2003-2004 Survey Of International Law In The Second : Warsaw Convention, Rebecca E. Hill
2003-2004 Survey Of International Law In The Second : Warsaw Convention, Rebecca E. Hill
Syracuse Journal of International Law and Commerce
In Magan v. Lufthansa German Airlines, the plaintiff appealed the granting of summary judgment in favor of the defendant, Lufthansa German Airlines [hereinafter Lufthansa]. The complaint arose out of an incident that occurred on an aircraft destined for Sofia, Bulgaria on March 27, 1997.2 Plaintiff claimed that, following the pilot's announcement to be seated, some turbulence caused him to hit his head on an overhang. As a result of the impact, Plaintiff Magan broke his nose and "dislodged a dental bridge from his mouth.'' Additionally, Magan complained of blurred vision and claimed he blacked out as a result of striking …
America's Struggle To Develop A Consistent Legal Approach To Controversial Human Embryonic Stem Cell Research And Therapeutic Cloning: Are The Politics Getting In The Way Of Hope?, Melissa S. Burchell
America's Struggle To Develop A Consistent Legal Approach To Controversial Human Embryonic Stem Cell Research And Therapeutic Cloning: Are The Politics Getting In The Way Of Hope?, Melissa S. Burchell
Syracuse Journal of International Law and Commerce
Part I of this note evaluates human embryonic stem cell research, including an explanation of the potential benefits of this procedure and the ethical debates surrounding this type of research. Part I also identifies the legal approach to human embryonic stem cell research currently used in the U.S. Next, Part I addresses therapeutic cloning. First, therapeutic cloning is explained and then distinguished from reproductive cloning. Second, Part I discusses the ethical concerns that arise from therapeutic cloning. Third, Part I outlines the current U.S. legal approach to therapeutic cloning. Part II of this note explains the British approach to both …
2003-2004 Survey Of International Law In The Second: Foreign Sovereign Immunities Act, Rebecca E. Hill
2003-2004 Survey Of International Law In The Second: Foreign Sovereign Immunities Act, Rebecca E. Hill
Syracuse Journal of International Law and Commerce
In Abrams v. Societe Nationale des Chemis de Fer Francais, 332 F .3d 173 (2002), plaintiff brought suit this individually and on behalf of other Holocaust victims and such heirs against the French International Railroad, Societe Nationale des Chemis de Fer Francais [hereinafter SNCF] for actions arising out of the operation of trains which transferred thousands of French civilians to Nazi concentration camps. The allegation stated that SNCF violated customary international law by committing crimes against humanity and acts of war crimes.
Perspectives, Donna Arzt, Gerald Grant
Perspectives, Donna Arzt, Gerald Grant
Syracuse University Magazine
No abstract provided.
2003-2004 Survey Of International Law In The Second: National Stolen Property Act, Pooja Sethi
2003-2004 Survey Of International Law In The Second: National Stolen Property Act, Pooja Sethi
Syracuse Journal of International Law and Commerce
In United States of America v. Schultz, the United States Court of Appeals for the Second Circuit examined whether conspiring to take antiquities that were owned by the Government of Egypt under Egyptian Law 117 violates the National Stolen Property Act [hereinafter NSPA]. In analyzing this issue, the Second Circuit analyzed the law of Egypt- Law 117, the meaning of the term stolen, and the Fifth Circuit's definition of the NSP A. The Second Circuit found in this case that the Egyptian antiquities were stolen within the meaning of 18 U.S.C. § 2315, NSPA. To support this finding, the Second …
2003-2004 Survey Of International Law In The Second: International Money Laundering Statue, Rebecca E. Hill
2003-2004 Survey Of International Law In The Second: International Money Laundering Statue, Rebecca E. Hill
Syracuse Journal of International Law and Commerce
In United States v. Dinero Express, Inc., the Second Circuit Court of Appeals was required to decide whether the remittance scheme, viewed as an entire process, qualifies as "transfer" under § 1956(a), despite the fact no money was wired from the United States to the Dominican Republic. The Court of Appeals affirmed the trial court's holding stating that the actions of defendant qualified as a "transfer."
When Good Tax Law Goes Bad: Stanley Works' Recent Dilemma And How The Internal Revenue Code Disadvantages U.S. Multinational Corporations Forcing Their Flight To Foreign Jurisdictions, Heather Campbell
Syracuse Journal of International Law and Commerce
This article will attempt to describe how the U.S. international tax system hinders the competitiveness of U.S.-based multinational corporations in the global economy by increasing their economic burdens. Additionally, this article will discuss how these corporations have expatriated themselves to lower tax jurisdictions to increase competitiveness in the global market. The Stanley Works Corporation's recent proposal to reincorporate in Bermuda to decrease its own tax liability will be used as an example. Part I of this article provides a brief overview of the two main methods employed by countries to tax income derived by its own corporations from their operations …
Charging The Jury On Damages In Personal-Injury Cases: How New York Can Benefit From The English Practice, Charles D. Cole Jr
Charging The Jury On Damages In Personal-Injury Cases: How New York Can Benefit From The English Practice, Charles D. Cole Jr
Syracuse Journal of International Law and Commerce
The trial of a personal-injury case to a jury is fraught with uncertainty. Uncertainty stems from whether the plaintiff will prevail (and whether the jury will find the defendant at fault) and the amount of damages. Personal injuries, such as a broken ankle or a busted knee, do not translate well into specific dollar awards. Awarding a sum of money for a personal injury is firmly rooted in the law and is the only means available to compensate the plaintiff for a loss. These means are entrusted to the jury beginning at jury selection and continuing throughout the trial. trial …
The Legal Arguments In The Seneca-Cayuga Tribe Bingo Hall, Daan Braveman
The Legal Arguments In The Seneca-Cayuga Tribe Bingo Hall, Daan Braveman
Syracuse Journal of International Law and Commerce
The Seneca-Cayuga Tribe of Oklahoma brought a lawsuit in federal court against the Town of Aurelius and some other defendants. That lawsuit, as much as any lawsuit that I know of that has been decided in the past, presents the issue that we are confronted with today and that is: What is the right of people to return, and what kind of jurisdictional controls can they have over the land once they return?
Necessary Reform Of Insurance Law In China After Its Wto, Kuan-Chun Chang
Necessary Reform Of Insurance Law In China After Its Wto, Kuan-Chun Chang
Syracuse Journal of International Law and Commerce
This paper will include five parts: Part I will clearly examine China's obligations under the General Agreement on Trade in Service and its WTO commitments through official WTO documents. Part II will briefly introduce the history of China's insurance business and relevant legislation, discuss the recent rapid growth in the Chinese insurance market, and reveal that, although the legal reform in insurance law and related regulations has been initiated, other reforms are still necessary to back the continuing growth of the insurance market. Part III will examine whether the Insurance Law of 2002 and related regulations have conformed with all …
Does The Right Of Self-Determination Include A Right To A Homeland?, Allison M. Dussias
Does The Right Of Self-Determination Include A Right To A Homeland?, Allison M. Dussias
Syracuse Journal of International Law and Commerce
I would like to spend some time pinning down some of the legal support for this proposition that the right of self-determination has to include the right to a homeland. The starting point is defining self-determination. What do we mean by self-determination? What do we mean by the right of self-determination? Once we define that then we can think more about how the idea of a homeland fits into that broader concept of self-determination.