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Full-Text Articles in Law
An Analysis Of The Achille Lauro Affair: Towards An Effective And Legal Method Of Bringing International Terrorists To Justice, Andrew L. Liput
An Analysis Of The Achille Lauro Affair: Towards An Effective And Legal Method Of Bringing International Terrorists To Justice, Andrew L. Liput
Fordham International Law Journal
This Note will propose five steps towards establishing an effective method of bringing terrorists to justice. Part I of this Note will detail the facts surrounding the Achille Lauro incident. Part II will discuss the laws governing extradition, including the obligations of Egypt and the United States arising under the United States-Egypt Extradition Treaty, the Convention Against the Taking of Hostages, and the doctrine of mala captus bene delentus. Part III will also discuss the international community's historical inability to define terrorism. Part III will examine the legal precedent for acts of abduction. Part IV details the criticism of the …
The Applicability Of The United States Countervailing Duty Law To Imports From Nonmarket Economy Countries, Karen A. O'Brien
The Applicability Of The United States Countervailing Duty Law To Imports From Nonmarket Economy Countries, Karen A. O'Brien
Fordham International Law Journal
This Note will examine the applicability of the countervailing duty law to nonmarket economies. Part I will review the legislative history of the countervailing duty statute and its judicial and administrative interpretations. Part II will discuss the Commerce Department rulings, the Court of International Trade's reversal of these rulings in Continental Steel Corp. v. United States and the Federal Circuit's reversal of the CIT. Finally, Part III will analyze both approaches to the issue. This Note will conclude that the counterveiling duty law should apply to goods from nonmarket economies.
Compelled Waiver Of Bank Secrecy In The Cayman Islands: Solution To International Tax Evasion Or Threat To Sovereignty Of Nations?, Ellen C. Awwarter
Compelled Waiver Of Bank Secrecy In The Cayman Islands: Solution To International Tax Evasion Or Threat To Sovereignty Of Nations?, Ellen C. Awwarter
Fordham International Law Journal
Part I of this Note describes the conflict of laws between foreign bank secrecy policies and United States tax laws, and how the use of unilateral investigatory methods have intensified that conflict. Part II surveys the development of compelled waiver case law in the United States and the Cayman Islands since the introductino of the evice in 1981, and sicusses how use of the waiver has raised questions of international comity and conflict of laws. Part III evaluates the failure of United States courts to address completely the international legal problems posed by unilateral investigatroy methods, and cites the analysis …
United States Antitrust Law And Industrial Policy: International Joint Ventures And Global Competition After Gm-Toyota, Paul C. Curnin
United States Antitrust Law And Industrial Policy: International Joint Ventures And Global Competition After Gm-Toyota, Paul C. Curnin
Fordham International Law Journal
Part I of this of this Note will describe the evolution of United States antitrust laws and their application to international joint ventures. Part II of this Note will then demonstrate, through an analysis of the GM-Toyota decision, that the FTC's settlement of its proceedings against GM and Toyota embodies an industrial policy. Part III will show that implementation of an industrial policy through the antitrust laws is logical, necessary, and above all, preferable to protectionist legislation as a means of stimulating United States industrial competitiveness in world markets. Finally, this Note will propose a program of restrictions, similar to …
The Economic Unity Doctrine In The Eec: A Limited Exemption To Article 85 Of The Treaty Of Rome, Sarah M. Ward
The Economic Unity Doctrine In The Eec: A Limited Exemption To Article 85 Of The Treaty Of Rome, Sarah M. Ward
Fordham International Law Journal
Section I of this Note analyzes the cases in which the Commission and the Court of Justice have implied a doctrine of economic unity and argues that this economic unity exemption to the prohibitions of article 85 may indeed be a limited one. Section II sets forth the theoretical and practical difficulties that such a limited economic unity doctrine entails. Finally, section III presents an alternative analysis for determining when article 85 of the Treaty of Rome sould apply to practices between related firms.
The Meaning Of "Well-Founded Fear Of Persecution" In United States Asylum Law And In International Law, Barry Sautman
The Meaning Of "Well-Founded Fear Of Persecution" In United States Asylum Law And In International Law, Barry Sautman
Fordham International Law Journal
Part I of this Article reviews the position of these administrative agencies and of the courts that have agreed with them. Part II discusses the contrary position of the majority of the circuit courts. Part III examines the international law bases of the relevant statutory language. It will be demonstrated that legislative history, United States case law, and international policy and practice, indicate that the United States government’s stringent administrative interpretation of the phrase “well-founded fear of persecution” is erroneous.
Tax Planning Issues Affecting International Entertainers And Athletes, Theodore Delaney Weis
Tax Planning Issues Affecting International Entertainers And Athletes, Theodore Delaney Weis
Fordham International Law Journal
This Note will focus on the major tax planning issues confronting entertainers and athletes (hereinafter collectively referred to as “performers” unless separately stated) who perform in the United States and around the world. This Note will first explore the United States rules that apply when there is no applicable treaty; then it will discuss the effect of typical treaty provisions on those basic rules and the optimal business structure by which a performer can maximize the benefits of a given treaty. In particular, the Note will examine the unfavorable provisions, from the performer’s point of view, of two bilateral tax …
The Noncommercial Torts Exception To The Foreign Sovereign Immunities Act, Judi L. Abbott
The Noncommercial Torts Exception To The Foreign Sovereign Immunities Act, Judi L. Abbott
Fordham International Law Journal
This Note examines the development of judicial interpretation of the noncommercial torts exception, section 1605(a)(5) of the Foreign Sovereign Immunities Act of 1976 (FSIA), in United States law. The Note first traces the historical development of the doctrine of sovereign immunity to its statutory codification. Next, it identifies trends in the interpretation of the torts exception that have emerged since the enactment of the FSIA. Finally, this Note proposes a coherent, uniform method of preparing a claim under section 1605(a)(5).
Unilateral Action By Oil-Producing Countries: Possible Contractual Remedies Of Foreign Petroleum Companies, Stephen A. Zorn
Unilateral Action By Oil-Producing Countries: Possible Contractual Remedies Of Foreign Petroleum Companies, Stephen A. Zorn
Fordham International Law Journal
At the end of 1982, Mobil Oil Corporation (Mobil) withdrew from its Libyan oil exploration and production concessions. Subsequently, Mobil filed an arbitration claim against the Libyan Government, alleging that government action had effectively destroyed the economic value of Mobil's concession. This arbitration raises substantial questions of transnational contract law. Part I of this Note provides the factual background to the Mobil-Libya dispute and a review of the major issues involved. Part II discusses the right of a host government to set export prices. Part III considers whether a host government may take unilateral action even though the concession agreement …
Computer Data Base Protection -The Impact Of Japanese Legislative Developments On United States And Japanese Copyright Laws, Takashi Yuasa
Computer Data Base Protection -The Impact Of Japanese Legislative Developments On United States And Japanese Copyright Laws, Takashi Yuasa
Fordham International Law Journal
Part I of this article describes the basic framework of the ACA’s proposal for copyright protection of data bases. It also compares and contrasts the opposing viewpoints expressed by MITI and in the ACA Report. Part II examines United States legal theories relating to data bases and analyzes the conflicts between the ACA Report and the United States approach to data bases arising under copyright law. Part III examines the impact of the above discussions on issues to relating to data protection law, including copyright law.
Prejudgment Attachment Of Foreign Sovereign Assets Under The Proposed Amendments To The Foreign Sovereignty Immunities Act, Stephen G. Foresta
Prejudgment Attachment Of Foreign Sovereign Assets Under The Proposed Amendments To The Foreign Sovereignty Immunities Act, Stephen G. Foresta
Fordham International Law Journal
This Note will focus on the proposed amendment contained in S.1071 that would strengthen prejudgment attachment of foreign assets. Part I will discuss the doctrine of sovereign immunity as it has developed in this country, and its present status in the field of United States international litigation. Part II of the Note will examine the prejudgment attachment remedy in light of these sovereign immunity developments. Part III will analyze the proposed amendment dealing with prejudgment attachment. Finally, the Note will conclude that the United States Congress should adopt the proposed judgment provision. By doing so, Congress would remove a formidable …
Promises, Promises: A Critical Analysis Of Lome Iii's Private Investment Provisions, Theresa I. Yard
Promises, Promises: A Critical Analysis Of Lome Iii's Private Investment Provisions, Theresa I. Yard
Fordham International Law Journal
This Note will analyze Lome III's private investment protection and promotion provisions to determine whether the provisions would actually promote the flow of capital needed by the ACP States to meet their development goals, or whether these provisions merely perpetuate the elements of the historical colonial relationship that persisted under the prior Lome Conventions. Part I of this Note will detail the historical relationship between the ACP States and the EEC countries, emphasizing the prior Lome Conventions. Part II will give the background of Lome III, and will review the Convention's private investment provisions. Part III will analyze the effect …
Protection Of Legal Privilege In Eec Competition Law: The Imperfections Of A Case, Theofanis Christoforou
Protection Of Legal Privilege In Eec Competition Law: The Imperfections Of A Case, Theofanis Christoforou
Fordham International Law Journal
The AM & S Europe judgment by the Court of Justice of the European Union was the first ruling on the principle of confidentiality. Part I will deal with certain facets of the principle of confidentiality, not considered by the Court, in the light of a comparative analysis of the laws of the Member States. Finally, part II will analyse the impact of the Court’s ruling on both Community and national laws and briefly discuss the implications of the judgment for lawyers from third countries.
Compulsory Adjudication In International Law: The Past, The Present, And Prospects For The Future, Anthony Giustini
Compulsory Adjudication In International Law: The Past, The Present, And Prospects For The Future, Anthony Giustini
Fordham International Law Journal
Given the very clear and limited role that states created for judicial settlement in the United Nations Charter, a serious attempt to expand the International Court of Justice’s jurisdiction would inevitably involve an amendment of the Charter itself. In light of the hostility that all but a few states have shown with regard to compulsory adjudication, such an effort would be doomed to failure.
Our Neighbor's Keeper? The United States And Canada: Coping With Transboundary Air Pollution, Elizabeth Knapp
Our Neighbor's Keeper? The United States And Canada: Coping With Transboundary Air Pollution, Elizabeth Knapp
Fordham International Law Journal
This Note will review the scientific research and evidence that support the existence of an acid rain phenomenon, and discuss the principles of international law that apply to a transboundary air pollution problem. The recognition and application of these legal principles to cases of interstate pollution and resource sharing in the United States will then be discussed. This Note will examine recent attempts to seek a solution to the North American acid rain problem through the negotiation of a bilateral treaty, and through Canadian resort to the courts of the United States. This Note will conclude that the only viable …
Selecting An Appropriate Federal Court In An International Antitrust Case: Personal Jurisdiction And Venue, Daniel J. Capra
Selecting An Appropriate Federal Court In An International Antitrust Case: Personal Jurisdiction And Venue, Daniel J. Capra
Fordham International Law Journal
Finding an appropriate U.S. forum for an international antitrust case is unnecessarily complicated. Congress, with its intent to effectuate broad enforcement of the antitrust laws, has provided statutory authority, which allows suit in any judicial district so long as the antitrust defendant has minimum contacts with the United States. Thus far the courts have generally ignored the solution provided by Congress in favor of the long-arm statutes of the state legislature. This state of affairs must be corrected in order to prohibit a jurisdictional windfall to alien defendants that was not intended by Congress.
Jurisdiction Over Alien Corporations Based On The Activities Of Their Subsidiaries In The Forum: Whither The Doctrine Of Corporate Separateness?, Juliet Sarkessian
Jurisdiction Over Alien Corporations Based On The Activities Of Their Subsidiaries In The Forum: Whither The Doctrine Of Corporate Separateness?, Juliet Sarkessian
Fordham International Law Journal
This Note argues that without the finding of an agency or alter-ego relationship between a parent and its subsidiary, the acts of a subsidiary cannot, under the doctrine of corporate separateness, be attributed to a parent. Unless the acts of a subsidiary can be attributed to the parent, the existence of the parent-subsidiary relationship alone cannot supply the minimum contacts needed to confer jurisdicition on a court over an alien parent. Part I of this Note will discuss the corporation as a legal entity and the doctrine of corporate seperateness. After an examination of the pertinent United States Supreme Court …
An Analysis Of The Conflicts Between Congressional Import Quotas And The General Agreement On Tariffs And Trade, John J. Reinke
An Analysis Of The Conflicts Between Congressional Import Quotas And The General Agreement On Tariffs And Trade, John J. Reinke
Fordham International Law Journal
This Note will discuss recent US import quotas in light of the United States' obligations under GATT. Part I of this Note will examine the legal frameworks of the US Constitution, GATT, and section 301. Part Ii will focus on the domestic and international conflicts that have stemmed from recent protectionist legislation proposed by Congress. Part III will criticize the conflict between the President and congress, the application of section 301, and the dispute resolution provisions of GATT. Finally, Part IV will propose improvements for the performance of the United States under GATT and section 301. This Note will conclude …