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Palestinian Refugees In Gaza, Susan Martin, John G. Warner, Patricia Fagen
Palestinian Refugees In Gaza, Susan Martin, John G. Warner, Patricia Fagen
Fordham International Law Journal
Events since Arthur Helton's death - including the change in leadership of the Palestinian Authority and the Israeli proposal for disengagement from Gaza make it even timelier to examine some "practical solutions." For improving Palestinian lives in the short term, much can be learned from the approaches taken in other refugee situations. This Article begins with background information on Palestinian refugees in Gaza. It then discusses Israeli plans for disengagement from Gaza. In the following section, the Article reviews options for addressing the problems faced by Palestinian refugees in Gaza, utilizing the broader literature devoted to the integration of refugees …
The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops
The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops
Fordham International Law Journal
This Article considers the trend to effectuate judicial economy within international criminal trials juxtaposed with the principle of equality of arms from the standpoint of the defense. It focuses on this juxtaposition as exemplified in contemporary case law of the ICTY. In addressing this issue, the analysis in this Article will build on the assumption that the interrelationship between these two notions must be interpreted in light of two cardinal parameters: first, the protection of the interests of the defense, and second, the principle of independence and non-political use of the notion of judicial economy.
Article 82: Remedies In Search Of Theories?, Ian S. Forrester
Article 82: Remedies In Search Of Theories?, Ian S. Forrester
Fordham International Law Journal
I submit that over the last two or three years, we may observe troubling signs that Article 82 of the EC Treaty is being used more as an adjunct to industrial policy than as a pure competition law tool. This is especially evident in refusal to deal cases. The intervention of antitrust in a situation of refusal to deal is a critical pointer of how an antitrust enforcer perceives itself and of what kind of competition law is in force. At a time when ten new agencies have joined the family, it is especially desirable to approach controversies in a …