Law of the Sea Commons^™

Don't Be Left Out In The Cold: An Argument For Advancing American Interests In The Arctic Outside The Ambits Of The United Nations Convention On The Law Of The Sea, Jason W. Howard

Georgia Law Review

In the world of fast-depleting fossil fuel reserves, any area promising new sources of oil and natural gas will be valuable to the nation controlling it. The Arctic Circle could be such an area. Recognizing this, in August 2007, while gathering scientific data, a submarine placed a titanium Russian flag on the Arctic seafloor in a symbolic statement of Russia's claim to the area. As Russia and other nations prepare their claims under the U.N. Convention on the Law of the Sea, the United States, because it has not yet ratified the treaty, is left to defend its interest outside …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han

Florida State University Journal of Transnational Law & Policy

No abstract provided.

From Hot Air To Action? Climate Change, Compliance, And The Future Of International Environmental Law, Meinhard Doelle

PhD Dissertations

This dissertation considers the evolution, current state, and future prognosis of the global climate change regime under the umbrella of the United Nations Framework Convention on Climate Change. The focus of the dissertation is on State compliance with the Kyoto Protocol. Compliance is considered from the perspective of the internal compliance regime developed under the Kyoto Protocol as well as a select set of potential external international law influences. The dissertation concludes with an assessment of the level of compliance to be expected and its potential influence on the future of the climate change regime. Implications for international environmental law …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

International Legal Compliance: Surveying The Discipline, William C. Bradford

ExpressO

No abstract provided.

The Role Of The United Nations And Recognition In Sovereignty Determinations: How Australia Breached Its International Obligations In Ratifying The Tmor Gap Treaty, Michael Shane French-Merril

Cardozo Journal of International and Comparative Law

The note examines the International Court of Justice's (ICJ) decision in the *Case Concerning East Timor*, highlighting the tension between factual sovereignty and legal principles in international law. It argues that the ICJ's dismissal of Portugal's case against Australia due to lack of jurisdiction underscored the limitations of international adjudication in resolving sovereignty disputes. The case raises critical questions about the recognition of sovereignty acquired through force, the role of erga omnes obligations, and the UN's role in territorial disputes.

Caribbean Shiprider Agreements: Sunk By Banana Trade War?, Michelle Williams

University of Miami Inter-American Law Review

No abstract provided.

U.S. Income Taxation Of Foreign Parties: A Primer, Ernest R. Larkins

Syracuse Journal of International Law and Commerce

Over the last five years for which data are available, the number of foreign corporations showing net income on Form 1120F, U.S. Income Tax Return of a Foreign Corporation, has increased 36.5 percent. [1] In addition, the number of individuals granted temporary stays in the United States as non-immigrants has steadily increased from 9.5 million in 1985 to 24.8 million in 1996, an average annual increase of 9.1 percent. [2] These increases evidence growing opportunities to serve international clients and suggest that tax professionals must have a fundamental working knowledge of the way the U.S. tax system treats foreign parties. …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Economic Espionage: The Front Line Of A New World Economic War

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 26, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

1997-1998 Survey Of International Law In The Second Circuit

Syracuse Journal of International Law and Commerce

This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from Aug. 1, 1997 through Aug. 1, 1998. Only those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.

Table of Contents I. Foreign Sovereign Immunity Act II. Forum Non-Conveniens III. Immigration and Nationality Act IV. Quasi-In-Rem Jurisdiction and the Question of Due Process for Foreign Entities V. Warsaw Convention

Saddam Hussein As Hostes Humani Generis? Should The U.S. Intervene?, Edieth Y. Wu

Syracuse Journal of International Law and Commerce

This article discusses several jurisdictional principles which may assist the United States in its efforts to acquire jurisdiction in certain situations that are declared, by the United States, egregious enough to warrant intervention. The United States has long used the "effects doctrine" 1 to assert extraterritorial jurisdiction. This article concentrates on developing and employing the Hostes Humani Generis Theory 2 and its past and possible future use. The central focus is to determine whether the possibility exists that the United States may use the theory in an effort to acquire physical jurisdiction over Saddam Hussein.

A survey, though not comprehensive, …

The Sps Agreement Of The World Trade Organization And International Organizations: The Roles Of The Codex Alimentarius Commission, The International Plant Protection Convention, And The International Office Of Epizootics, Terence P. Stewart, David S. Johanson

Syracuse Journal of International Law and Commerce

The proper fanctioning of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) of the World Trade Organization (WTO) depends in part upon three international organizations, the Codex Alimentarius Commission (Codex), the International Plant Protection Convention (IPPC), and the International Office of Epizootics (OIE). The SPS Agreement states that the sanitary and phytosanitary (SPS) standards of these organizations are the benchmark international standards for WTO members, and recent WTO decisions demonstrate the importance of international standards in the settlement of WTO disputes involving SPS measures. The Codex, IPPC, and OIE also provide valuable services that benefit the …

Book Review, Henry H. Perritt Jr.

Syracuse Journal of International Law and Commerce

Book Review: Richard Haas, The Reluctant Sheriff: The United States After the Cold War, New York, Council on Foreign Relations (1997)

A Dynasty Weaned From Biotechnology: The Emerging Face Of China

Syracuse Journal of International Law and Commerce

No abstract provided.

Re-Evaluating The Status Of Flags Of Convenience Under International Law, David F. Matlin

Vanderbilt Journal of Transnational Law

This Note re-examines the role and status of flags of convenience in the international shipping arena. The author argues that universal condemnation of flags of convenience or open ship registration is unwarranted from legal and factual standpoints. The Note first examines the significance of ship nationality as a means of regulating conduct on ships when at sea or in foreign ports. This analysis leads into an examination of the methods states use to ascribe nationality to vessels. The author then analyzes attempts to impose "genuine link" requirements in several conventions and questions whether such requirements are legitimate under customary international …

United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge

Northwestern Journal of International Law & Business

Fierce policy disputes are inevitable whenever two basic, widely-accepted principles intersect in a situation where one must prevail and the other give way. In the maritime field, these disputes occur whenever a nation-state is forced to choose between promoting free and open trade in maritime services or protecting its domestic merchant marine. The clash of these policies has generated vigorous debates in the United States on a wide variety of maritime issues (e.g., cargo preference requirements, operating and construction differential subsidies, vessel construction loan guarantee programs and whether to retaliate against foreign countries' attempts to reserve import and export trades …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

The Human Rights of Aliens in Contemporary International Law By Richard B. Lillich Dover, New Hampshire: Manchester University Press, 1985. Pp. xii, 126. $38.00

Banking on the Act of State By Carsten Thomas Ebenroth Universitdtsverlag Konstanz Gmbh: 1985. Pp. 101.DM66,80.

The Iran-United States Claims Tribunal, 1981-1983 Edited by Richard B. Lillich Charlottesville, Virginia: The University Press of Virginia, 1985. Pp. viii, 156. $25.00

Emerging Standards of International Trade and Investment Edited by Seymour J. Rubin and Gary Clyde Hufbauer Totowa, New Jersey: Rowman & Allanheld, 1984. Pp. ix,196

The World of International Tax Planning By Milton Grundy New …

Third World Trade Partnership: Supranational Authority Vs. National Extraterritorial Antitrust--A Plea For "Harmonized" Regionalism, Wolfgang Fikentscher

Michigan Law Review

That "Third World countries" should receive the assistance of the "industrialized nations" in increasing the level of their economic development is a matter beyond dispute. Yet the years following the "economic decade" of the 1970's have made apparent a crisis in the concepts underlying this philosophy of Third World assistance. The nature of this crisis has not yet been fully ascertained, and the following text does not undertake that task. Rather, it starts from the general feeling among experts involved in one way or another with "development aid" that the paths so far followed and the methods so far applied …

Onshore And Offshore Solutions To The Nonfuel Minerals Shortage, G. Kevin Jones

BYU Law Review

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

The Law of Transnational Business Transactions

Edited by Ved P. Nanda

New York: Clark Boardman Company, Ltd., 1981.Pp. 631. Looseleaf (Supplemented periodically). $75.00.

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Managing the Risks of International Agreement

By Richard B. Bilder

Madison, Wisconsin: The University of Wisconsin Press, 1981. Pp. 302. $22.50.

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The Family in International Law: Some Emerging Problems

Edited by Richard B. Lillich

Charlottesville, Virginia: The Michie Company, 1981. Pp. 164.

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International Aspects of Criminal Law: Enforcing United States Law in the World Community

Edited by Richard B. Lillich

Charlottesville, Virginia: The Michie Company, 1981. Pp.245.

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Boundaries: National Autonomy and its Limits …

Cargo Preference And Flag Discrimination In International Shipping -- Actions And Reactions, F. Thomas Schornhorst, James R. Patton Jr.

Articles by Maurer Faculty

No abstract provided.