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International Trade As A Vector In Domestic Regulatory Reform: Discrimination, Cost-Benefit Analysis, And Negotiations, Joel P. Trachtman

Fordham International Law Journal

This brief Essay summarizes, updates, and integrates work I have done elsewhere in order to suggest, first, why cost-benefit analysis is not used in dispute settlement, second, how to evaluate substitute formulae that are available for use within dispute settlement, and finally, how dispute settlement and treaty-making relate to one another in this field. This Essay considers the role of international discipline by dispute resolution bodies, in comparison to multilateral treaty-making or other legislation. Treaty-making or other legislation may take the form of harmonization to one degree or another, or importantly, may take the form of agreed rules of prescriptive …

International Project Finance And Arbitration With Public Sector Entities: When Is Arbitrability A Fiction?, Mark Kantor

Fordham International Law Journal

This article reviews the events surrounding two prominent arbitration decisions related to two Indonesia geothermal power projects sponsored by CalEnergy Company, Inc. ("CalEnergy"), known as the Patuha and Himpurna projects, and a Pakistani power project developed by the Hub Power Company, Ltd. ("HubCo"). The aggressive involvement of local courts in the CalEnergy and HubCo proceedings does not reassure investors relying on the perceived neutrality of international arbitral institutions to mitigate the risk of uncertain justice in unstable countries. The author asks: Are problems between State entities in troubled developing countries and international project sponsors simply not arbitrable as a practical …

Sovereignty, Human Rights, And Self-Determination: The Meaning Of International Law, Father Robert Araujo

Fordham International Law Journal

This Essay contends that popular sovereignty and the other rights enumerated in the Universal Declaration of Human Rights (UDHR) are inextricably linked. When popular sovereignty is criticized, what will become of the other rights? The principal goal of this Essay, then, is to examine the concept of sovereignty as it relates to the practice and protection of human rights issues grounded in international law. This examination should reveal the existence of more than one kind of sovereignty: that of the State and that of the people (the nation or nations). This Essay's goal is to demonstrate that a State is …

Equal Access To Justice: Comparing Access To Justice In The United States And Other Industrial Democracies, Justice Earl Johnson, Jr.

Fordham International Law Journal

It is time--long past time--for the United States to join the growing international consensus that words like “due process,” “fair hearing,” “equal protection of the laws,” and “equality before the law,” all express a universal principle--a right to equal justice to be enjoyed by everyone. And, as the European Court on Human Rights pointed out, if this right is to be “practical and effective,” and not merely “theoretical or illusory,” then for those unable to afford counsel, the right to equal justice must include the right to a lawyer supplied by government. Why is this so important? As the European …

Access To Justice In Lithuania, Linas Sesickas

Fordham International Law Journal

This article examines the state of the Lithuanian legal system ten years after its independence and offers suggestions for reforms that would increase citizens' access to justice. The article addresses issues arising from the increasing legal and economic complexity of Eastern Europe and the corresponding increased need for legal advice. Finally, the article notes the difficulty in acheiving individualism and human rights goals while socio-economic disparity is increasing.

Welcoming Remarks: The Paris Bar: Access To Justice And Access To Legal Advice, Franics Teitgen

Fordham International Law Journal

Francis Teitgen, Batonnier of the Paris Bar Assocation, gave welcoming remarks on April 7, 2000, and discussed France's system for provision of legal aid services. He began by describing the history of legal aid in France. He then discussed the role of the Paris Bar Association in providing access to legal representation to those who could not otherwise afford it. Mr. Teitgen then discussed the process by which incarcerated individuals access lawyers. He also described a free legal consultation system run by the Paris Bar. He concluded by discussing new initiatives the Paris Bar is spearheading to increase access to …

An Overview Of Civil Legal Services Delivery Models, Edwin Rekosh, Pascal Dourneau-Josette, Daniel L. Greenberg, David J. Mcquoid-Mason, Anne Owers

Fordham International Law Journal

The panel, moderated by Edwin Rekosh, discussed access to civil legal aid in various contexts. Pascal Dourneau-Jostte described the French system of legal aid, as well as the European Court of Human Right's methods of providing free legal services. Daniel McQuoid-Mason described the civil legal aid system in South Africa; he noted that only 20% of the country's legal aid goes to civil aid. Anne Owers discussed civil legal aid in the UK. Daniel Greenberg gave an overview of civil legal aid in the United States.

The Effect Of Globalization On Domestic Legal Services, Michael Dowdle, E. Clinton Bamberger, Dorchen Leidholdt, Filipe Gonzalez Morales, Lucie White

Fordham International Law Journal

Globalization, in the context of this panel, refers to international, trans-border processes which are not regulated by the international legal framework, either private law or public international law. These processes, these unregulated influences, are having both positive and negative effects and affecting aspects of culture and society which had previously been considered domestic or wholly domestic concerns. This is creating a tension within both the domestic and international environments, and it is this particular tension that this panel seeks to address.

E. Clinton Bamberger, Emeritus Professor of Law, University of Maryland Law School, will speak about how domestic systems in …

Closing Address, April 8, 2000, Vincent Saldanha

Fordham International Law Journal

Vincent Saldanha thanked the participants for attending the conference. He noted that it is also an uncomfortable situation to presume to speak on behalf of the poor, as the poor are neither voiceless nor invisible. He noted, however, that the discussions over the previous days were devoid of arrogance and patronage. He went on to note that, despite the many international perspectives presented at the conference, there were a great deal of commonalities between the issues facing those who provide legal services for indigent populations. Mr .Saldanha argued that there is a fundamental right to justice, and noted that this …

Broadening The Scope Of The Foreign Sovereign Immunities Act: The Explicit Waiver Provision And Limited Foreign Submissions To Domestic Litigation In Aquamar S.A. V. Del Monte Fresh Produce, Inc., Barry L. Mccoy

Villanova Law Review

No abstract provided.

Homage To A Bull Moose: Applying Lessons Of History To Meet The Challenges Of Globalization, Theodore R. Posner, Timothy M. Reif

Fordham International Law Journal

It would appear that some critics' cure for the World Trade Organization (“WTO”) is to build it up, while for others, the cure is to tear it down, or at least to diminish its competence. This seeming contradiction makes it difficult to assess and respond to legitimate criticisms of the WTO. The purpose of this Essay is to address this apparent conundrum. In particular, we attempt to shed light on it by (1) describing the nature of the imbalance that exists in the world trading system today (Part I); (2) offering an historical and legal framework for understanding the seemingly …

Wto Blue-Green Blues: The Impact Of U.S. Domestic Politics On Trade-Labor, Trade-Environment Linkages For The Wto's Future, Gregory Schaffer

Fordham International Law Journal

Part I of this Article provides a brief overview of the dominant discourse on linkages, which focuses on whether World Trade Organization (“WTO”) rules should be modified (or interpreted) to permit trade restrictions on environmental and labor rights grounds. Those fully familiar with the competing conventional approaches to trade-environment and trade-labor debates may either skim Part I or move directly to Part II. Parts II through V examine the political economy of trade-environment and trade-labor policy, particularly in the United States. Part II addresses the politics of trade-environment agenda setting and the reasons why U.S. critics more likely direct their …

More Than Money, Justice Catherine Branson

Fordham International Law Journal

In this Paper, I refer to probably the most disadvantaged sector of the Australian community, its indigenous peoples. I have chosen this group, because Aboriginal and Torres Strait Islander peoples have become a significant body of litigants in my Court since the Federal Court of Australia was given jurisdiction to make determinations of native land title. I will start by providing some limited information concerning indigenous Australians. This information, by necessity, glosses over the diverse experiences and lifestyles of the Aboriginal and Torres Strait Islander peoples, and indeed, the diversity of non-indigenous Australian experiences and lifestyles. Nonetheless, it reflects the …

The Delivery Of Civil Legal Aid Services In South Africa, David J. Mcquoid-Mason

Fordham International Law Journal

This paper is intended to deal with the different methods of delivering civil legal aid services in South Africa. Before doing so, however, brief mention will be made of the structure of the legal profession and the impact of the new South African Constitution (or "Constitution"), as both have influenced the development of legal aid services in the country. Mention in passing will also be made to special procedures and courts that can be used to access justice in civil matters.

What Is Access To Justice? Identifying The Unmet Legal Needs Of The Poor, Philip Alston, Dr. Alex Boraine, Justice Catherine Brannon, Hina Jilani, Justice Earl Johnson, Jr.

Fordham International Law Journal

Philp Alston moderated a panel featuring Dr. Alex Boraine, Justice Catherine Branson, Hina Jilani, and Justice Earl Johnson, Jr.. The panelists discussed access to justice for the poor in their respective countries (South Africa, Australia, Pakistan, and the United States). The panelists discussed how the current system fails to address the legal needs of the poor, and what progress is being made in that area.

Reception, Justice Juanita Bing Newton

Fordham International Law Journal

Justice Juanita Bing Newton, Deputy Chief Administrative Judge for Justice Initiatives for the State of New York, welcomes participants to a reception. She described her position and her role in spearheading access to justice initiatives in New York.

Procedural Rights And Issues In The Enforcement Of Articles 81 And 82 Of The Ec Treaty, Koen Lenaerts, Ignace Maselis

Fordham International Law Journal

A discussion of evidentiary and procedural standards regarding Articles 81(1) and 82 of the EC Treaty, which deal with infringements of anti-competitive collusion.

Droits D'Urgence: Access Of Citizens To Legal Information In France, Jean-Luc Bédos

Fordham International Law Journal

The purpose of this Article is to give a brief overview of citizen access to justice and legal information in France, both before and after the implementation of the reform. This Article will primarily focus on the work of non-governmental organizations in this field, especially the work of Droits d'Urgence, the NGO of which I am a founder and President. Droits d'Urgence deals primarily with access to legal information for the most marginalized sectors of the population. It is a humanitarian organization of legal professionals involved in the promotion of rights for those suffering from exclusion.

Legal And Judicial Development: The Role Of Civil Society In The Reform Process, Maria Bakolias

Fordham International Law Journal

While many governments are undertaking reforms that aim to improve judicial and legal systems, there is a growing realization that civil society plays a vital and even necessary role in these efforts. Civil society is critical in these, as well as the reform efforts which are outside of government-initiated programs. Drawing on a few selected examples, this Paper aims to show why civil society is a key player in such reform activities and how civil society has participated in the reform process in selected countries. Specifically, many of these examples are supported by projects financed by the World Bank. The …

Preserving Indigenous Paradigms In An Age Of Globalization: Pragmatic Strategies For The Development Of Clinical Legal Aid In China, Michael William Dowdle

Fordham International Law Journal

This Essay uses the experiences of international efforts to promote clinical legal aid in China to explore one such unexpected consequence of globalization: international assistance's understandable focus on more familiar kinds of legal aid institutions and activities can unintentionally impede the development of indigenous legal aid practices and institutions that might ultimately be better suited for the particular domestic environment. Part I of this essay will discuss international efforts to promote clinical legal aid in China, Part II will discuss reductive strategies for promoting legal development and the problems they present, Part III will discuss pragmatic strategies for promoting legal …

Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers

Fordham International Law Journal

There are likely to be two effects on the provision and demand for legal aid. First, under Article 6 of the ECHR, there may be a requirement for free legal advice and representation for those whose civil rights are at issue in complex cases and who could not otherwise afford it. This may particularly affect representation before tribunals, which deal with matters for which no legal aid is currently available such as employment, welfare benefits, and immigration. Legal aid has already been promised for immigration and asylum tribunals. Second, there is likely to be a large amount of litigation in …

Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas

Fordham International Law Journal

Led by moderator Maria L. Imperial, the panelists discussed funding strategies for legal services for the poor. Each panelist gave an overview of funding mechanisms in their home country (Canada, Lithuania, the United States, Australia).

Presumed Guilty?: Criminal Justice And Human Rights In Mexico, Luke Mcgrath

Fordham International Law Journal

This Report is divided into five parts, which track the main issues that the mission examined. Part I examines the arbitrary arrest and detention practices that are widespread in Mexico. Part II explores the conditions and standards that lead to the taking of coerced confessions, as well as the ready use of such confessions at trial. In Part III, this Report turns to issues relating to legal representation in Mexico, especially the denial of access to counsel at critical points of the criminal process. The intimidation of defense attorneys, persons of confidence, and human rights advocates furnishes the subject of …

Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i

Fordham International Law Journal

This Essay first reviews the controversy surrounding the issuance of procedures for amicus curiae submissions by the Appellate Body in E.C.—Asbestos. Second, it looks at the history and practice of amicus curiae briefs at the WTO. Third, the Essay looks at how in the United States an amicus curiae has changed from being a “friend of the court” to a “judicial lobbyist,” and specifically, focusing on the procedural approach taken by the U.S. Supreme Court in addressing the negative impact of such judicial lobbying. Finally, the Essay draws certain lessons from the U.S. experience and concludes that the Appellate Body …

The Wto As A Legal System, David Palmeter

Fordham International Law Journal

Part I describes Hart's view of the primary and secondary rules that are necessary for the existence of a modern legal system. Part II examines his view of international law, as resembling a primitive legal system. Part III evaluates the GATT legal system according to Hart's criteria for a modern legal system, while Part IV will do the same for the World Trade Organization (“WTO”). Part V will conclude with an evaluation of the WTO legal system.

The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.

Kentucky Law Journal

No abstract provided.

East Timor: Will There Be Justice? , Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

Counterpoint: Plan Colombia And Human Rights , Luis Alberto Moreno

Human Rights Brief

No abstract provided.

A Global Court? U.S. Objections To The International Criminal Court And Obstacles To Ratification, Teresa Young Reeves

Human Rights Brief

No abstract provided.

News From The Inter-American System , Terri J. Harris

Human Rights Brief

No abstract provided.