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Full-Text Articles in Law
Transparency In The European Union, Laurens Jan Brinkhorst
Transparency In The European Union, Laurens Jan Brinkhorst
Fordham International Law Journal
The reason why I chose the issue of transparency is that I have a personal stake in the matter. Now someone has said that the European Union is really a conspiracy of the initiators. At the time the European Community (or “Community”) was created, we had a totally different political culture, both in the Member States, but certainly in the international field. The European Community concentrated on highly technical matters--economic matters, trade matters, matters that were relevant to the farmers, and the public at large was really not very interested. In general, the concept of democracy was a somewhat different …
The European Union In International Affairs: Recent Developments, Hugo Paemen
The European Union In International Affairs: Recent Developments, Hugo Paemen
Fordham International Law Journal
I have been invited to discuss the changing role of the European Union (or “EU”) in the world today. Let me start by highlighting some random examples of EU action in international affairs during 1997. As Europe continues to integrate domestically, it will be forced to reassess the image that it projects in the world. As it does so, institutional reform will become even more compelling if the European Union is to conduct the coherent external policy that most people in the world expect of it. Some had hoped that last the June 1997 Summit in Amsterdam would at least …
External Relations Powers Of The European Community, Jacques H.J. Bourgeois
External Relations Powers Of The European Community, Jacques H.J. Bourgeois
Fordham International Law Journal
As a result both of the way in which the external relations powers of the European Community (“EC” or “Community”) have been organized by the Treaty establishing the European Community (“EC Treaty”) and of the interpretation by the Court of Justice of the European Communities (“ECJ”), an analysis of the evolution of the external relations powers requires distinguishing between powers relating to foreign trade in the strict sense of the terms, i.e., “common commercial policy” under Article 113 of the EC Treaty, and other external relations powers both express and implied. The subject of this contribution is the external relations …
The Treaty Of Amsterdam's Changes To The Common Foreign And Security Policy Chapter And An Overview Of The Opening Enlargement Process, Giorgio Maganza
The Treaty Of Amsterdam's Changes To The Common Foreign And Security Policy Chapter And An Overview Of The Opening Enlargement Process, Giorgio Maganza
Fordham International Law Journal
The European Union (“Union” or “EU”) is an important actor in the international arena. The Union behaves and acts as a political entity towards the outside world and it is perceived as such. That is certainly the case for international economic relations, where the European Community (“EC” or “Community”) has played a significant role as a major partner in multilateral negotiations for several years now. It is more frequently the case with respect to foreign policy matters, as a result of the choice made by the signatories to the Maastricht Treaty (“Treaty on European Union” or “TEU”) in which the …
Economic And Monetary Union In Europe: Legal Implications Of The Arrival Of The Single Currency, Werner Van Lembergen, Margaret G. Wachenfeld
Economic And Monetary Union In Europe: Legal Implications Of The Arrival Of The Single Currency, Werner Van Lembergen, Margaret G. Wachenfeld
Fordham International Law Journal
Part I of this Article presents an overview of EMU, addressing first the Member States that will participate in EMU from the outset and how they were chosen, as well as the new institutions that will guide and support EMU. This Article will then focus on the EU regulations that provide the legal framework for EMU, analyzing issues in the regulations of particular legal interest. This structural discussion will also describe what Participating Members States must achieve to ensure that EMU stays on track and how EU institutions will supervise their performance. Part I closes with a brief look at …
Waging War Against The World: The Need To Move From War Crimes To Environmental Crimes, Mark A. Drumbl
Waging War Against The World: The Need To Move From War Crimes To Environmental Crimes, Mark A. Drumbl
Fordham International Law Journal
The international community has been more hesitant in accounting for the environmental consequences of war. All that the international community has been able to negotiate is scattered collateral references in a variety of treaties and conventions. One immediate task will be to consolidate these references into a single document or treaty. A more daunting task, of which this easy shall provide a brief overview, is to develop a mechanism to ensure compliance with these standards, to deter deviation therefrom, and to allocate responsibility for wrongdoing. More specifically, this essay considers the ability of the International Criminal Court to perform such …
Master Of Puppets: How Japan's Ministry Of Finance Orchestrates Its Own Reformation, Gregory D. Ruback
Master Of Puppets: How Japan's Ministry Of Finance Orchestrates Its Own Reformation, Gregory D. Ruback
Fordham International Law Journal
This Comment analyzes Japan's effort to create a competitive securities market that is free, transparent, and reliable. Part I describes Japan's regulatory environment, emphasizing the power and authority of the Ministry and its influence within the Japanese government and over the securities industry. Part II details elements of the Big Bang reforms and describes the current political situation that will influence the effectiveness of the reforms. Part III addresses the probable effectiveness of the reforms in the context of Japan's regulatory structure, past scandals and reforms, and current political environment. Finally, this Comment argues that the Ministry has the ability …
1948-1998 : The Universal Declaration Of Human Rights And The Statute Of The International Criminal Court, Adriaan Bos
1948-1998 : The Universal Declaration Of Human Rights And The Statute Of The International Criminal Court, Adriaan Bos
Fordham International Law Journal
I am pleased to comply with the request of the Editorial Board of the Fordham International Law Journal to introduce the readers to Book II of Volume 22, devoted to international human rights. This year we celebrate two important events: the adoption in Rome of the Statute of the International Criminal Court ("Rome Statute"), and the Fiftieth Anniversary of the Universal Declaration of Human Rights ("Universal Declaration"). Both events are very closely linked to one other. The adoption of the Rome Statute can be considered an implementation of part of the Universal Declaration. Many articles of the Rome Statute can …
The Protection Of Human Rights In The New Polish Constitution, Ryszard Cholewinski
The Protection Of Human Rights In The New Polish Constitution, Ryszard Cholewinski
Fordham International Law Journal
This Article examines the extent of human rights protection under the Constitution of the Republic of Poland of April 2, 1997 ("new Polish Constitution" or "Constitution"), adopted on April 2, 1997, by the Polish National Assembly and approved by the Polish people in a referendum on May 25, 1997. The Constitution, a lengthy document composed of 243 articles, came into force on October 17, 1997, and is one of the last constitutions to be adopted in Central and Eastern Europe since the start of the political and socio-economic transformations of the post-communist era. This Article emphasizes the importance of the …
A Prospective Enlargement Of The Roles Of The Bretton Woods Financial Institutions In International Peace Operations, John D. Ciorciari
A Prospective Enlargement Of The Roles Of The Bretton Woods Financial Institutions In International Peace Operations, John D. Ciorciari
Fordham International Law Journal
This Article reviews the principal means of IFI peace-building and offers several proposals to enhance the effectiveness of those means. Focusing primarily on the World Bank Group and the IMF, this Article posits that profound changes are necessary if the Bretton Woods institutions are to realize their potential as leaders in the international peace process. Part I of this Article provides a brief historical account of the Bretton Woods institutions and discusses relevant provisions in their charters, elucidating the factors that have traditionally prevented IFI participation in peace operations. Part II describes and reviews IFI post-conflict reconstruction programs in the …
Defining Crimes Against Humanity In The Rome Statute Of The International Criminal Court, Phylilis Hwang
Defining Crimes Against Humanity In The Rome Statute Of The International Criminal Court, Phylilis Hwang
Fordham International Law Journal
In Part I, this Article surveys the evolution of crimes against humanity. This part reviews interpretations of crimes against humanity by post-World War II tribunals, national courts, and the International Law Commission ("ILC"). Part II examines the formulation of crimes against humanity in the statutes that established the International Criminal Tribunals for the former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR"). It also looks at how the reports issued in connection with the ICTY statute and the case law from the ICTY dealt with crimes against humanity. Part III draws some preliminary conclusions regarding the status of …
Smoke Across The Waters: Tobacco Production And Exportation As International Humans Rights Violations, Lucien J. Dhooge
Smoke Across The Waters: Tobacco Production And Exportation As International Humans Rights Violations, Lucien J. Dhooge
Fordham International Law Journal
This Article examines the operation of the tobacco industry in the United States. Part I examines the organization of the industry, the health consequences resulting from the industry's domestic operations and receipt of governmental financial support, and the restraints upon these operations. Part II examines the role of the U.S. tobacco industry in the international marketplace, with emphasis on its operations in its largest points of sale in Europe, the Pacific Rim, the Middle East, and Latin America. Finally, Part III analyzes the activities of the U.S. tobacco industry and the U.S. government in light of the obligations of the …
Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher
Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher
Fordham International Law Journal
This Article discusses the historic course of recent events insofar as it first describes the Maglite decision of the European Free Trade Association Court. Second, it summarizes the opinion of the Advocate General and the judgment of the Court of Justice of the European Com- munities in the Silhouette case. Part III focuses on the development of the law in the European Union ("EU") and European Economic Area ("EEA") Member States, as well as in the EU and in the EEA before Silhouette and Maglite. In Part IV, comments are made with regard to the reasons given in Maglite …
European Community Tax Law And Its Development In Light Of The Recent Case Law Of The European Court Of Justice, Siegbert Alber
European Community Tax Law And Its Development In Light Of The Recent Case Law Of The European Court Of Justice, Siegbert Alber
Fordham International Law Journal
Part I of this Essay addresses the Community's impact on national taxation in general. Part II examines Article 95 of the EC Treaty concerning the prohibition on discriminatory internal taxation. The aim is to show, based on a brief summary of the relevant legislation, to what extent the Court has developed its case law in specific areas of Community tax law. Emphasis will then be placed on the structure and various legal aspects of Article 95, which, although a rather complex provision, often tends to be neglected in favour of the harmonized taxes as well as the recent developments in …
The Euro--Ready Or Not: Trading Implications Of The New Common Currency, Kathy Jones, Alan N. Rechtschaffen
The Euro--Ready Or Not: Trading Implications Of The New Common Currency, Kathy Jones, Alan N. Rechtschaffen
Fordham International Law Journal
This Essay outlines the specific events leading to the common currency as well as the implications for trading foreign exchange, short-term interest rate futures, and fixed-income securities and futures. It describes the mechanics of the newly formed European Central Bank (“ECB”) and outlines the potential effects on monetary policy and economics in individual countries.
Transparency- Not Just A Vogue Word, Bo Vesterdorf
Transparency- Not Just A Vogue Word, Bo Vesterdorf
Fordham International Law Journal
I therefore intend to focus my attention on transparency issues as they relate to the decision-making process and leave out those issues relating to the legislative process. Moreover, I shall restrict myself to examining a few selected issues concerning the topic and shall base my examination principally on some of the more recent judgments of the Court of First Instance and the Court of Justice of the European Communities (together, “Community Courts”).
International Order, Political Community, And The Search For A Eurpoean Public Philosophy, Ian Ward
International Order, Political Community, And The Search For A Eurpoean Public Philosophy, Ian Ward
Fordham International Law Journal
The shaping of international order, and the place of concepts such as law and community within that order, has emerged as one of the most pressing issues in contemporary legal and political thought. This Essay examines three recent theses, each of which attempts to locate a public philosophy appropriate to the emerging new world order. Part I of this Essay takes a look at these theses: the orthodox Kantian theory of international relations, as recently articulated by Fernando Teson in A Philosophy of International Law, the liberal communitarian theory, which has been eloquently restated by Martha Nussbaum in Cultivating Humanity: …
U.S.-Mexican Extradition Policy: Were The Predictions Right About Alvarez?, Argiro Kosmetatos
U.S.-Mexican Extradition Policy: Were The Predictions Right About Alvarez?, Argiro Kosmetatos
Fordham International Law Journal
This Comment analyzes the effect of such predictions on current U.S.-Mexican extradition policy. Part I examines the events leading up to the Court's controversial ruling in Alvarez in the context of established principles and legal precedent on extradition and foreign abductions. Part II describes how controversial the Court's decision was on a domestic and global scale. Specifically, Part II explores opposition from the international community, including responses from the Mexican government and other Latin American countries. Part II also examines domestic reactions to the decision among commentators and scholars, executive leaders, federal courts, and members of the U.S. Congress ("Congress"). …
The Belfast Agreement, David Trimble
The Belfast Agreement, David Trimble
Fordham International Law Journal
Jim Molyneaux and Ian Paisley, the then unionist leadership, began this process in 1987 when they gave alternative proposals to Tom King, the then Secretary of State for Northern Ireland. The Brooke talks ended in apparent failure in November 1992, but from a unionist perspective, in fact made significant progress. There was a period in 1993 when it appeared that the British government was receptive to unionist urging to implement the "strand one committee report." Despite these doubts, we in the Ulster Unionist Party remained in the talks when Sinn Fein, the political wing of the IRA, was admitted in …
Ireland--The Healing Process, John Hume
Ireland--The Healing Process, John Hume
Fordham International Law Journal
As you are aware, the quarrel on our island has gone on for several centuries. Looking at the example of the conflict in Ireland, there are two mentalities in our quarrel - the Nationalist and the Unionist. The real political challenge to the Unionist mindset occurred when Nationalist Ireland essentially said: "Look, your objective is an honorable objective, the protection and preservation of your identity." Geography, history, and the size of the Unionist tradition guarantee that the problem cannot be solved without them, nor against them. If we can leave aside our quarrel while we work together in our common …
To Cherish A Just And Lasting Peace, Gerry Adams
To Cherish A Just And Lasting Peace, Gerry Adams
Fordham International Law Journal
In the opening line of the diary that he kept during the first three weeks of his hunger strike, republican prisoner Bobby Sands, who died after fifty-five days on strike, wrote: "I am standing on the threshold of another trembling world." This system has created a unionist one party state that has rejected basic principles of democracy, justice, and equality. Throughout the development of our peace strategy and the talks process, republicans pursued the peace process in the context of our republican analysis of the situation and with a solid strategy to meet all of the difficulties head on. In …
An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne
An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne
Fordham International Law Journal
They include the treatment of the issues of self-determination, consent, and the status of Northern Ireland in the Irish Constitution and in British constitutional legislation; the establishment of new democratic institutions in Northern Ireland on a partnership basis; the creation of formal new links between the two jurisdictions in Ireland through a North/South Ministerial Council and a number of related bodies exercising executive functions; and the development of wider connections within Britain and Ireland through a British-Irish Council involving the two governments and devolved institutions in Scotland, Wales, and Northern Ireland, as well as a continuing British-Irish Intergovernmental Conference. There …
Beyond The "Band-Aid" Approach: An Alliance Party Perspective Upon The Belfast Agreement, Stephen Farry, Sean Neeson
Beyond The "Band-Aid" Approach: An Alliance Party Perspective Upon The Belfast Agreement, Stephen Farry, Sean Neeson
Fordham International Law Journal
In the absence of a ready-made solution that could be adopted by the people of Northern Ireland, or a magical formula from the British and Irish Governments, the only alternative lay in locally-mandated political parties negotiating a political agreement. This alternative in turn entailed a common recognition that the zero-sum politics of "winner takes all" ultimately leaves everyone a loser. An accommodation, while requiring each party to sacrifice some of its aspirations, stood to benefit Northern Ireland society as a whole.
The Good Friday Agreement: A Triumph Of Substance Over Style, Kate Fearon, Monica Mcwilliams
The Good Friday Agreement: A Triumph Of Substance Over Style, Kate Fearon, Monica Mcwilliams
Fordham International Law Journal
This Essay consists of five parts. Part I locates the Agreement in a series of constitutional attempts to resolve the "Irish question" from 1971 onwards, arguing that the Agreement is both similar to, yet fundamentally different from, other settlement propositions. Part II introduces the reader to the Northern Ireland Women's Coalition (or "NIWC"), saying something of its founding rationale and environment before considering its priorities for the political process in which it found itself immersed in May 1996. Part III further outlines the role that the NIWC assumed in that process, and its modus operandi, going on to describe the …
The Belfast Agreement, Duncan Shipley-Dalton
The Belfast Agreement, Duncan Shipley-Dalton
Fordham International Law Journal
The Belfast Agreement (or "Agreement"), to give it its proper name, reached at Stormont on Good Friday 1998, is an important document of Irish history. It is certainly a political text, but it has important legal effects. And these I wish to emphasize. As a member of the Ulster Unionist Party ("UUP") - elected later to the Northern Ireland Assembly - I accepted the Agreement on April 10 as the best opportunity for the return of power to all the people of Northern Ireland. At the time of writing (early March 1999), the major issue remains the decommissioning of Irish …
Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley
Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley
Fordham International Law Journal
These include a "commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community" and eight particular rights are spelled out: the "complete incorporation into Northern Ireland law of the European Convention on Human Rights, with direct access to the courts, and remedies for breach of the Convention, including powers for the courts to overrule Assembly legislation on the grounds of inconsistency"; a new Northern Ireland Human Rights Commission; a new statutory Equality Commission; a normalization of security arrangements and practice, including the reduction in the numbers and role of British Armed Forces deployed …
Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman
Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman
Fordham International Law Journal
This Essay explores the problems that have emerged over the right to parade since 1994. It begins with a brief review of the historical significance of parades in Ireland before summarizing the background to the current disputes. This Essay considers the causes of the problem, the arguments of the various parties, and the development of legal controls on parades. The Essay then moves on to review the attempts that have been made to resolve the issue. In particular, the Essay focuses on the formal measures that have been taken by the British Government to resolve the disputes rather than the …
Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy
Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy
Fordham International Law Journal
The same dilemma remains for those in Northern Ireland today who genuinely want peace, reconciliation, and stability, but who at the same time see in what is termed the peace process, if not deceit, then much glossing over, a lot of ambiguity, and a deal of bad history. In 1921 the new institutions in Northern Ireland, the regional government and Parliament began life under the fiercest onslaught from Irish nationalism, both within its own boundaries and from the rest of the island. It was also critical of the early peace process under which John Hume of the SDLP had commenced …
From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien
From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien
Fordham International Law Journal
This Essay examines the process by which the language of human rights moved to center stage in the political process. It looks to peace processes elsewhere to determine whether the Agreement is deserving of the High Commissioner's special praise and analyzes, from a human rights perspective, the content of the Agreement and the extent to which the promises made therein have been fulfilled to date.
The Northern Ireland Human Rights Commission, Stephen Livingstone
The Northern Ireland Human Rights Commission, Stephen Livingstone
Fordham International Law Journal
The extent of these powers [...powers to scrutinize proposed legislation before the Northern Ireland Assembly for its compliance with human rights standards, to assist litigants in bringing human rights complaints before the courts, and to conduct investigations into matters that give rise to human rights concerns...advising the Secretary of State for Northern Ireland as to whether any additional human rights, beyond those to be introduced for the whole of the United Kingdom by the Human Rights Act 1998, should be included in a Bill of Rights specific to Northern Ireland...], and their adequacy to the task that the Commission is …