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Full-Text Articles in Law
Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden
Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden
Fordham International Law Journal
The purpose of this Article is to discuss this change, concentrating on the development of the approach to equality in the Agreement, and its subsequent incorporation into the Northern Ireland Act of 1998 ("Act"), which now forms the legal basis for the new constitutional settlement in Northern Ireland. The Agreement's approach is that equality should be "mainstreamed" in the future governance of Northern Ireland. But, following the Agreement, there was a real danger that equality would be pushed back to the margins. Fortunately, a coalition of the disadvantaged and politicians ensured that this did not happen. The Act, taken together …
Counteract: Working For Change, Billy Robinson, Stevie Nolan
Counteract: Working For Change, Billy Robinson, Stevie Nolan
Fordham International Law Journal
This article discusses Counteract, an anti-intimidation unit, that was formed in 1990 with the sponsorship and support of the Irish Congress of Trade Unions. Their aims are to develop actions, policies, and strategies to alleviate the incidence of sectarianism and intimidation in the workplace and the community. The article discusses how their work affects North Ireland, as it tries to become an increasingly pluralistic society.
Prospects For Justice: The Procedural Aspect Of The Right To Life Under The European Convention On Human Rights And Its Applications To Investigations Of Northern Ireland's Bloody Sunday, Kara E. Irwin
Fordham International Law Journal
This Comment examines how the new doctrine of the procedural aspect of Article 2 of the European Convention can provide recourse for the travesty of justice inherent in failed investigations of alleged violations of the right to life, such as the contended failure of the Widgery Tribunal's investigation of Bloody Sunday in Northern Ireland.
Does The Ec Council Directive No. 95/46/Ec Mandate The Use Of Anonymous Digital Currency?, Julia Alpert Gladstone
Does The Ec Council Directive No. 95/46/Ec Mandate The Use Of Anonymous Digital Currency?, Julia Alpert Gladstone
Fordham International Law Journal
This Essay focuses on the relationship between the privacy and the retail payment systems on the Internet. Part I of this Essay reviews several payment mechanisms that are in use or that have been introduced for retail commerce on the Internet. The description is not intended to offer a thorough study of the technology, but rather to highlight the data trail that is created under each method. Part II reviews the relevant statutory and self-regulatory mechanisms that have been applied to the Internet to ensure privacy. This leads to a discussion of the European Community's data protection directive, Council Directive …
International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave
International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave
Fordham International Law Journal
Part I describes a few experiences with international computer hackers in order to provide a context for the rest of the Essay. Part II extracts from that experience the central issues that have arisen-and predictably will continue to arise-in connection with investigating and prosecuting international electronic crimes. These concerns are divided into three subject areas: the substantive law, the procedural law, and operational issues. Finally, Part III summarizes international efforts to address concerns raised by crimes in cyberspace.
How Would You Like Your Television: With Or Without Borders And With Or Without Culture--A New Approach To Media Regulation In The European Union, Kevin M. Mcdonald
How Would You Like Your Television: With Or Without Borders And With Or Without Culture--A New Approach To Media Regulation In The European Union, Kevin M. Mcdonald
Fordham International Law Journal
This Essay analyzes the effectiveness of television broadcasting regulations as a means to effectuate the promotion and protection of a pan-European culture, namely, television broadcasting regulations. First, in Part I, this Essay considers the broader background developments in the audio-visual sector that led to the passing of the Directive. Part II looks at the advantages and disadvantages of the most controversial aspect of the Directive, namely, the quota provisions. Part III critiques the Directive's effectiveness in realizing its dual goals of both protecting and promoting a pan-European culture. Finally, Part IV compares the goals enunciated in the Federal Communications Act …
Orchestrating Transatlantic Approaches To Personal Data Protection: A European Perspective, Graham Pearce, Nicholas Platten
Orchestrating Transatlantic Approaches To Personal Data Protection: A European Perspective, Graham Pearce, Nicholas Platten
Fordham International Law Journal
The purpose of this Essay is to examine current EU and U.S. approaches to data protection in the context of the debate about transborder data flows. Part I begins by outlining the EU approach and the criteria governing data transfers to third countries. Part II examines the scope for self-regulation by organizations to safeguard personal data. Part III reviews the main features of the U.S. model of data protection. Then Part IV critically examines several recent U.S. initiatives to enhance privacy in the light of the EU criteria. This Essay concludes by assessing the potential for reconciling the discontinuities between …
Transfer Of Technology In The Contemporary International Order, Chantal Thomas
Transfer Of Technology In The Contemporary International Order, Chantal Thomas
Fordham International Law Journal
This Essay begins by describing the technology transfer needs arising from both international economic integration and related international law. The Essay then examines the existing international rules for technology transfer and finds them insufficient to address these needs. The goal of this Essay is to advocate the formulation of a viable international legal framework for technology transfer.
Computer Technology For The Benefit Of The Rule Of Law: Communication And Research, Carl A. Yirka
Computer Technology For The Benefit Of The Rule Of Law: Communication And Research, Carl A. Yirka
Fordham International Law Journal
This Essay suggests a number of ways in which rule of law partners in the United States and abroad with modest technical background might more easily communicate, plan, coordinate, and research joint projects. Without the new computer technologies it would be very difficult to conduct rule of law projects between partners in the United States and Russia. Recent advances in technologies now make communication with colleagues across the world by computer easier than ever.
Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund
Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund
Fordham International Law Journal
This Comment explores the interplay between drug trafficking and extradition policy in the U.S.-Latin American-Caribbean region by focusing upon the recent legal shift in Colombia and the Dominican Republic. Part I describes the status of current international extradition law, focusing on modern extradition policy. In particular, this part details the respective extradition treaties of Colombia and the Dominican Republic with the United States. Part I also explores the roles that these two nations assume trafficking drugs into the United States and highlights the corresponding U.S. anti-drug enforcement response. Finally, Part I examines the challenges that drug trafficking and certain anti-drug …
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 …
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.
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 …
Subsidiarity And Transparency, Christian Timmermans
Subsidiarity And Transparency, Christian Timmermans
Fordham International Law Journal
Subsidiarity and transparency are entirely different concepts. … However different, both concepts are twins in the continuing quest of the Framers of European integration to increase the legitimacy of Community decision-making vis-à-vis the citizens. Indeed, there always has been, and there still is a very serious problem of lack of legitimacy. … Increasing the powers of the European Parliament is not sufficient to bridge this legitimacy gap, although the Maastricht Treaty did make progress in that respect, for instance, by introducing the co-decision procedure. The problem is much vaster. At any rate, the negative experiences of the ratification discussions on …