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Full-Text Articles in Law
The Impact Of The Amsterdam Treaty Upon The Court Of Justice, Ole Due
The Impact Of The Amsterdam Treaty Upon The Court Of Justice, Ole Due
Fordham International Law Journal
The Intergovernmental Conference leading up to the adoption of the Maastricht Treaty was probably the first during which the case law of the Court of Justice formed a topic of discussion. The result of this discussion was certainly positive in relation to the new Treaty's general rules. But, clearly, criticism had also been voiced during the discussion. This criticism can be seen from two protocols to the Treaty, both drawn up as unfortunate reactions to specific rulings. It is important that the establishment of a closer cooperation between some Member States does not permit them to escape from the rules …
The Commission's Role In The Igc's Drafting Of The Treaty Of Amsterdam, Michel Petite
The Commission's Role In The Igc's Drafting Of The Treaty Of Amsterdam, Michel Petite
Fordham International Law Journal
This essay shall attempt to describe initially how the Commission approached the Amsterdam negotiation in the first place. It will explore the institutional issues that it addressed and the strategies it implemented. It then evaluates the likely impact of the new provisions of the Treaty of Amsterdam upon the Commission.
An Appraisal Of The Treaty Of Amsterdam From The Perspective Of A Member Of The European Parliament, Laurens Jan Brinkhorst
An Appraisal Of The Treaty Of Amsterdam From The Perspective Of A Member Of The European Parliament, Laurens Jan Brinkhorst
Fordham International Law Journal
When one has such learned predecessors, representing the two powerful institutions, who give such a balanced view of the Treaty of Amsterdam (or “Amsterdam Treaty”), what more can a simple parliamentarian say? I think my first comment would be, Amsterdam--yes, the worst has been avoided. I think that this comment is an honest compliment to the efforts of my predecessors during the Intergovernmental Conference (“IGC”). The outcome could have been much worse.
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 …
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 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”).
Toward Peace In Northern Ireland, George J. Mitchell
Toward Peace In Northern Ireland, George J. Mitchell
Fordham International Law Journal
That is one side of the coin of liberty. When we adjourned for the Christmas holiday the prospects were bleak. It was in mid-February 1998, on the flight from Dublin back to the United States, that I began to devise a plan to establish an early deadline for an end to the talks. He stayed up all night at the White House, telephoning several of the delegates at critical times in the final hours of negotiation. Most importantly for its survival, the agreement was overwhelmingly endorsed by the people of Ireland, North and South, in a free and democratic election. …
Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley
Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley
Fordham International Law Journal
Indeed, it is the distress caused by the content of the Agreement that has provoked such widespread alarm and division within Unionism. The proposals contained in the Agreement are not remarkably new in content, but they now have the endorsement of those who were previously opposed to such mechanisms that will fundamentally undermine the status of Northern Ireland within the Union and impose a system of government so alien that it is far removed from any known concept of democracy and fairness. According to the author's copy of the Mitchell draft, the UUP lost out on the number of seats …
Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey
Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey
Fordham International Law Journal
This Essay examines the structure and functions of the new Northern Ireland Assembly within the context of the constitutional changes in the Britain and Ireland. Since its election in May 1997, the new Labour Government has been steadily putting in place key constitutional reforms. The changes were widely discussed, both internally while the party was in opposition and externally within the scholarly community. The Labour Government came to power on a manifesto that promised substantial constitutional reform with an emphasis on decentralization and participation. It is evident that the change of government had an impact on the process in Northern …
Schools: Lessons From The Agreement, Jerry Tyrrell, Brendan Hartop, Seamus Farrell
Schools: Lessons From The Agreement, Jerry Tyrrell, Brendan Hartop, Seamus Farrell
Fordham International Law Journal
This article discusses how education will help lead to the success of the Multi-Party Negotiations, which attempt to resolve the conflict in Ireland. Citizenship development can teach values such as tolerance, care, and respect for others as equals. Education can promote movement from the rhetoric to the practice of collaboration and encourage participative democracy. Education can also be a foundation for social harmony.
A New Human Right--The Right To Globalization, Michael D. Pendleton
A New Human Right--The Right To Globalization, Michael D. Pendleton
Fordham International Law Journal
This Essay attempts to give globalization an ideology and suggests that global identity and allegiance will use the law to establish these ideals. It argues that the principal tool will be extensions via the legal device of human rights--an individual's human right to globalization. This Essay also argues that national allegiance and globalization cannot stand together. Today, national allegiance is an anachronism and simply wrong. In the past, it was, in many cases, considered a virtue and resulted often in the highest individual self-sacrifice for the common good. Human rights to globalization, it is argued, entail at least the following …
The Recent Evolution Of The European Union, Marcelino Oreja
The Recent Evolution Of The European Union, Marcelino Oreja
Fordham International Law Journal
I believe that we need to compare the constitutional systems of the two most important players on the international stage to obtain a more clear idea of the difficulties, the problems, and also the different attitudes that may exist on both sides. Mutual comprehension between the United States and the European Union, and transatlantic cooperation in general, are essential for the structuring of international relations. It is useful to take a brief look at what is changing in Europe. If we leave aside the different reactions to the relative successes and failures of the Treaty of Amsterdam, as well as …
The Amsterdam Treaty: Overview And Institutional Aspects, Jean-Claude Piris, Giorgio Maganza
The Amsterdam Treaty: Overview And Institutional Aspects, Jean-Claude Piris, Giorgio Maganza
Fordham International Law Journal
The overall picture presented by the media regarding the two day and two night Amsterdam meeting of the Heads of State and Government in June 1997 was largely negative. The main reason for the negativity was that the Intergovernmental Conference (“IGC”), by failing to agree on Treaty amendments concerning the size of the Commission and the weighting system for qualified majority voting in the Council, supposedly could not produce satisfactory responses as to the need to reform the institutions of the European Union with a view to its next enlargement. Is this picture justified in light of the actual outcome …
Social Policy And Employment Aspects Of The Treaty Of Amsterdam, Patrick Venturini
Social Policy And Employment Aspects Of The Treaty Of Amsterdam, Patrick Venturini
Fordham International Law Journal
Commenting on employment and social policy gives me the opportunity to start by pointing out how positive the outcome of the Treaty of Amsterdam (or “Treaty”) was in those fields. Indeed, the following four main fields are concerned with substantial extensions or reinforcements of European Community (“EC” or “Community”) competencies and responsibilities following the Amsterdam Summit: employment, social policy, equality between men and women, and fundamental rights and non-discrimination. Last but not least, the strengthening of the co-decision procedure, which is now the principal legislative procedure and requires a joint decision of the Council and the European Parliament, does affect …
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 …
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 …
Local Administration And The Binding Nature Of Community Directives: A Lesser Known Side Of European Legal Integration, Kurt Riechenberg
Local Administration And The Binding Nature Of Community Directives: A Lesser Known Side Of European Legal Integration, Kurt Riechenberg
Fordham International Law Journal
This article will deal with specific aspects of the divided-power system of the European Union and provide a legal analysis concerning federalism issues in the European Union raised before the Court of Justice that are similar to those in the United States. First, the article will reference recent U.S. case law on federalism. The bulk of the Article will concentrate on the question of whether and to what extent European Community ("EC") directives, as legislative instruments, are capable of mandating specific courses of action to be pursued on the local or regional level in Member States. Next, the article will …
The "Power Of Appraisal" (Pouvoir D'Appreciation) Of The Commission Of The European Communities Vis-À-Vis The Powers Of Judicial Review Of The Communities' Court Of Justice And Court Of First Instance, Virpi Tiili, Jan Vanhamme
The "Power Of Appraisal" (Pouvoir D'Appreciation) Of The Commission Of The European Communities Vis-À-Vis The Powers Of Judicial Review Of The Communities' Court Of Justice And Court Of First Instance, Virpi Tiili, Jan Vanhamme
Fordham International Law Journal
It is, therefore, clear that the Courts must test the soundness of the Commission's appraisals. This means, however, that judges are obliged to examine the administrative file, thereby inevitably bringing themselves intellectually close to building their own bridge from the facts, via the legal framework of the case, to a legal outcome in casu. In some instances, it may prove almost impossible to disguise the conflict between the Court’s and the Commission's assessments in the judgment, especially if annulment or damages is the outcome of the case. It is in this regard that an appropriate balance must be found between …
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 …
Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan
Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan
Fordham International Law Journal
This Comment addresses the intersection of gender issues and human rights law as illustrated by the formation of the permanent ICC. Specifically, it argues that the inclusion of gender- motivated crimes in the ICC's definition of crimes against humanity was necessary to emphasize women's wartime experiences and injuries, but that such inclusion is not enough to ensure gender justice as the ICC begins to prosecute war crimes and crimes against humanity. Part I of this Comment discusses the concept of gender-based crimes and illustrates these crimes through recent examples of gender-based violence. It also reviews the history of the ICC, …
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 …
Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall
Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall
Fordham International Law Journal
The point of this Essay is to examine the role of economic sanctions, particularly those taken unilaterally by the United States, in influencing the development of human rights policies worldwide. In some cases those unilateral sanctions are imposed without considering cultural differences behind the human rights themselves. In other instances, the United States fails to consider the effectiveness of those sanctions. In still other situations, the United States fails to realize important self-determination issues or the idea of participating in the broader international community. In all cases, the United States, in its role as international arbiter of human rights, needs …
You Cannot Fight What You Cannot See: Securities Regulation On The Internet, David M. Cielusniak
You Cannot Fight What You Cannot See: Securities Regulation On The Internet, David M. Cielusniak
Fordham International Law Journal
This Note suggests that the more effective resolution to regulating securities on the Internet is to look to the global nature of the medium itself and to establish an international body of law that is both uniformly understood and implemented. Part I of this Note provides background to Internet transactions and describes the traditional methods for security regulation and problems of securities fraud on the internet. Part II discusses the approaches that securities regulators are taking regarding securities fraud on the internet. Part III describes the application of conventional methods of securities regulation to Internet transactions and argues that such …
The Protection And Promotion Of E-Commerce: Should There Be A Global Regulatory Scheme For Digital Signatures?, Sanu K. Thomas
The Protection And Promotion Of E-Commerce: Should There Be A Global Regulatory Scheme For Digital Signatures?, Sanu K. Thomas
Fordham International Law Journal
This Note addresses the issue of whether all nations should enact a uniform global legal scheme governing digital signatures for the purpose of promoting E-Commerce. Part I of this Note describes digital signatures and considers their different functions. Part I also discusses E-Commerce and the application of digital signatures to E-Commerce. Further, Part I briefly examines the major legal schemes set up by organizations, states, nations, and international bodies. Part II analyzes arguments for and against global digital signature laws in order to facilitate E-Commerce. Part III argues that nations should adopt a global digital signature legal scheme in order …
Regulation Of The Turkish Straits: Unclos As An Alternative To The Treaty Of Montreux And The 1994 Maritime Traffic Regulations For The Turkish Straits And Marmara Region, Serge V. Pavlyuk
Fordham International Law Journal
This Note discusses the need for a modern international legal regime that would address navigational and environmental safety in the Turkish Straits in a manner consistent with customary international law of the transit passage through the straits used for international navigation. Part I provides an overview of the recent history of the Turkish Straits and the legal regimes regulating navigation in the Turkish Straits and other straits used for international navigation. Part II explores the positions and arguments of the parties involved in the dispute over the legality of the 1994 Turkish Regulations. Part III proposes that the circumstances surrounding …
Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore
Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore
Fordham International Law Journal
It is the contention of this Essay that the international principles of human rights must form the foundations of any future policing service in Northern Ireland. Leaving behind the sterile communalism that has characterized past approaches to policing in favor of a rights-based approach, would benefit all in Northern Ireland. A human rights policing framework would particularly relieve those living in working class communities, both catholic and protestant, who have borne the brunt of heavy policing policies and tactics. While acknowledging that no approach to policing reform can appease all shades of Northern Ireland's political and cultural opinion, the current …