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Full-Text Articles in Law

Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee Jan 2002

Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee

Faculty Scholarship

This background paper assesses the importance of integrating gender into efforts to address racial discrimination and related intolerance in the WCAR process. While this background paper primarily focuses on racial discrimination, the analysis may be applied to xenophobia and related intolerance where these experiences are "raced" experiences. Addressing these forms of intolerance in a comprehensive manner requires unmasking the ways in which race intersects with gender and other status. A gender analysis is needed to make racism more fully visible, because "racial discrimination does not always affect men and women equally or in the same way." Women often experience compounded …

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Breaking The Public Law Taboo, William S. Dodge Jan 2002

Breaking The Public Law Taboo, William S. Dodge

Faculty Scholarship

No abstract provided.

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Recovering Attorneys' Fees As Damages Under The U.N. Sales Convention (Cisg): The Role Of Case Law In The New International Commercial Practice, With Comments On Zapata Hermanos V. Hearthside Baking, Harry M. Fletcher Jan 2002

Recovering Attorneys' Fees As Damages Under The U.N. Sales Convention (Cisg): The Role Of Case Law In The New International Commercial Practice, With Comments On Zapata Hermanos V. Hearthside Baking, Harry M. Fletcher

Northwestern Journal of International Law & Business

The conclusion I ultimately draw is that, although the holdings of individual cases are ambiguous, as a group the relevant foreign decisions clearly sanction an award of CISG damages to cover attorneys' fees that would not normally be compensable under U.S. national law. As I discuss in Part III of the article, the firmly-established "American rule" on recovery of attorneys' fees is that, in the absence of a statutory or contractual provision to the contrary, each party to a dispute must bear his or her own attorneys' fees. A line of U.S. cases construing Article 2 of the U.C.C. strongly …

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Optimal International Taxation And Tax Competition: Overcoming The Contradictions, William B. Barker Jan 2002

Optimal International Taxation And Tax Competition: Overcoming The Contradictions, William B. Barker

Northwestern Journal of International Law & Business

This paper presents a theory of international taxation based on a new approach to source taxation that reflects world development and synthesizes the objectives of economic efficiency, fairness to taxpayers, and fairness to governments. Adoption of this model results in the preservation of comprehensive income taxation to capital-exporting nations and an expenditure tax base for capital-importing nations. The system would reduce much of the distortion caused by tax competition, eliminating the tax incentive for businesses to use productive assets and technologies outside the country of their development and saving the jobs of many workers.

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Corporatization And Privatization: A Chinese Perspective, Yuwa Wei Jan 2002

Corporatization And Privatization: A Chinese Perspective, Yuwa Wei

Northwestern Journal of International Law & Business

Although the enterprise reform in China has its own causes, it conforms to the current movement of commercializing public enterprises in a global sense. Thus, over the course of its enterprise reform, China has the advantage of drawing lessons and gaining wisdom from the experience of other jurisdictions. Consequently, China may achieve two goals, commercializing its public sector and standardizing the practice of its corporatized enterprises, at the same time. Meanwhile, the Chinese enterprise reform will provide an interesting case for comparative study, since the country is pioneering a different path in the process of corporatizing and privatizing its public …

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How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos Jan 2002

How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos

Northwestern Journal of International Law & Business

The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability …

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International Economic Conflict And Resolution, C. O'Neal Taylor Jan 2002

International Economic Conflict And Resolution, C. O'Neal Taylor

Northwestern Journal of International Law & Business

Conflict and their resolutions contribute to the development of the law. Organizations and systems are structured or restructured and policies are formulated in response to them. In the case of international economic law, conflict comes in a variety of forms and is resolved in a number of ways and in different forums.' The 2001 Conference of the International Economic Law Group focused on the issue of conflict resolution.2 The two plenary sessions of the conference were held at the Warwick Hotel in Houston. This symposium issue of the Northwestern Journal of International Law and Business contains three of the articles …

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International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic Jan 2002

International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic

Northwestern Journal of International Law & Business

This article examines some features of virtual arbitration and argues that the use of new technology and the development of e-commerce raise some interesting questions to international arbitration laws. Part It describes initiatives to develop online dispute resolution. Part III discusses virtual dispute resolution centers, including, how, why, and where they function. More importantly, however, Part III investigates the differences between online and off-line arbitration, where the focus remains on three questions. The first question is a crucial one. It has been debated by scholars and practitioners but still remains unresolved: will arbitration agreements concluded online and arbitration awards rendered …

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Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan Jan 2002

Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan

Northwestern Journal of International Law & Business

International legal research regarding international economic dispute settlement tends to be a-theoretical. A theoretically-grounded analytic framework is employed in this article which draws from scholarship from political science, sociology, and economics regarding institutions and international governmental organizations. The knowledge-legitimacy-efficiency analytic framework is applied in this article to studies of General Agreement on Tariffs and Trade (GA TT)/World Trade Organization (WTO) dispute settlement in order to relate this relevant scholarship to the economic field under primary study, Internet domain names. GA TT/WTO knowledge regarding international trade law has thickened through multi-lateral trade negotiations and dispute settlement decisions. The WTO's legitimacy is …

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Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly Jan 2002

Judicial Activism At The World Trade Organizational: Development Principles Of Self-Restraint, J. Patrick Kelly

Northwestern Journal of International Law & Business

In a number of recent decisions the AB has begun to grapple in a non-systematic way with both the incorporation and creative interpretation issues.14 These decisions raise serious concerns that the AB is exceeding its authority under the DSU and inappropriately incorporating non-WTO law or interpreting WTO agreements in a manner that diminishes the rights of members. This article explores both the incorporation and creative interpretation questions by assessing the relative merits of three different models of how social regulatory policy might be integrated into WTO decision-making: the Judicial Activist Model, the Contract Model, and the Legislative Model.

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Creating A Market For Justice; A Market Incentive Solution To Regulating The Playing Field: Judicial Deference, Judicial Review, Due Process, And Fair Play In Online Consumer Arbitration, Llewellyn Joseph Gibbons Jan 2002

Creating A Market For Justice; A Market Incentive Solution To Regulating The Playing Field: Judicial Deference, Judicial Review, Due Process, And Fair Play In Online Consumer Arbitration, Llewellyn Joseph Gibbons

Northwestern Journal of International Law & Business

Swindlers, purveyors of substandard products or services, and honest traders unable to perform their agreements can access the global market as easily as legitimate and capable businesses. The impersonal nature of e-commerce makes it more difficult for traders to discern a merchant or transaction that will not satisfy their expectations. This article analyzes procedural due process concerns as an element of arbitration in online dispute resolution ("ODR") in business-to-consumer ("B2C") e-commerce. B2C e-commerce will be worth an estimated $250 billion by the end of 2003, but one factor hindering its growth is the lack of effective dispute resolution. For reasons …

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The Abcs And Ntbs Of Gmos: The Great European Union-United States Trade Debate - Do European Restrictions On The Trade Of Genetically Modified Organisms Violate Internaitonal Trade Law, Sarah Lively Jan 2002

The Abcs And Ntbs Of Gmos: The Great European Union-United States Trade Debate - Do European Restrictions On The Trade Of Genetically Modified Organisms Violate Internaitonal Trade Law, Sarah Lively

Northwestern Journal of International Law & Business

The genetic engineering of agriculture has spurred a lively worldwide discussion, and the technology has found both enthusiastic fans and formidable foes. Specifically, the United States has signed on as a proponent of the genetic modification of agriculture. In fact, the United States has become the largest producer of genetically modified organisms ("GMOs") and is consequently the leading exporter of genetically modified goods. On the other side of this debate lies the European Community ("EC"). The European Community is much less enthusiastic about GMOs and effectively questions their presence in our environment and food products. The European Community has focused …

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Turning Competition On Its Head: Economic Analysis Of The Ec's Decision To Bar The Ge-Honeywell Merger, Paul Jin Jan 2002

Turning Competition On Its Head: Economic Analysis Of The Ec's Decision To Bar The Ge-Honeywell Merger, Paul Jin

Northwestern Journal of International Law & Business

On July 3, 2001, the Commission of the European Communities ("Commission") rejected the proposed $45 billion merger between The General Electric Company ("GE") and Honeywell International, Inc. ("Honeywell"), which U.S. antitrust regulators had approved. Of the some 400 mergers involving U.S. companies reviewed by the Commission since 1990, only one had ever been barred. In that instance, however, U.S. authorities had also blocked the proposed transaction. Thus, the failed GE-Honeywell merger marked the first time the Commission had blocked a merger involving U.S. companies that had been approved by U.S. authorities. The Commission's move to block the GE-Honeywell merger brought …

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Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel Jan 2002

Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel

Scholarly Works

In this Article, I offer a case study of one of the hazards presented by legal scholarship in law reviews as it has evolved over the last century. The standard law review article typically begins with an overview of the author's subject, frequently involving a historical perspective or a chronology of the development of a doctrine. This background section stems from a number of causes, but many attribute it to the fact that most law reviews are student-edited. In order to evaluate an author's argument, students need a brief course in, say, the basics of trade law and pollution control …

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An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter Jan 2002

An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter

All Faculty Scholarship

No abstract provided.

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Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle Jan 2002

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

All Faculty Scholarship

No abstract provided.

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The Battle Over Life-Saving Pharmaceuticals: Are Developing Countries Being Tripped By Developed Countries, Michelle M. Nerozzi Jan 2002

The Battle Over Life-Saving Pharmaceuticals: Are Developing Countries Being Tripped By Developed Countries, Michelle M. Nerozzi

Villanova Law Review

No abstract provided.

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The European Union In The World — A Community Of Values, John Richardson Jan 2002

The European Union In The World — A Community Of Values, John Richardson

Fordham International Law Journal

These are momentous times in Europe. The Euro has been successfully introduced, the enlargement negotiations are approaching their climax, and the European Convention (“Convention”) is moving towards the drafting of a constitution for a new, continent-wide political entity. At the same time, unrest is manifest, particularly in two areas. On the one hand, many of our citizens, and not just the political elites, are dissatisfied with Europe's performance on the world stage and are concerned about the maintenance of peace and security within the Union. In these areas they would like to see a strengthened, more effective entity-- “more Europe.” …

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From Common Market To European Union: The New Europe's Place In The Trading World, Mogens Peter Carl Jan 2002

From Common Market To European Union: The New Europe's Place In The Trading World, Mogens Peter Carl

Fordham International Law Journal

What are the philosophical, political, legal and institutional bases for Europe's economic relations with the rest of the world? How have they developed over time, as Europe has moved from the narrow, sectoral basis of the recently defunct European Coal and Steel Community (“ECSC”), to the radical innovation of the European Economic Community (“EEC”), which itself has become part of the wider, politically even more ambitious integrationist structure of the European Union (“EU”), now itself on the verge of a radical expansion of its size? Does today's EU have as much or less in common with the ECSC as a …

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Regulating Financial Services In Europe: A New Approach, John F. Mogg Jan 2002

Regulating Financial Services In Europe: A New Approach, John F. Mogg

Fordham International Law Journal

In March 2000, European leaders met in Lisbon, Portugal, to consider the state of the European economy. While there had been economic growth in Europe in the 1990s, it had been consistently lower than that of the European Union's (“EU” or “Union”) main competitors, with unemployment levels remaining stubbornly high. Determined to blaze a new course in Europe, Heads of State and Government announced that “the Union has [today] set itself a new strategic goal for the next decade: to become the most competitive and dynamic knowledge-based economy in the world, capable of sustainable growth with more and better jobs …

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The Egyptian Pharmaceutical Industry After Trips — A Practitioner's View, Nermien Al-Ali Jan 2002

The Egyptian Pharmaceutical Industry After Trips — A Practitioner's View, Nermien Al-Ali

Fordham International Law Journal

The pharmaceutical industry in Egypt is the largest in the Middle East and North Africa (“MENA”) region, and one that has attracted foreign investment despite the fact that Egyptian law has not always provided pharmaceuticals with patent protection. The situation changed with the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS agreement” or “TRIPS”), strengthening the interest of the U.S. and other pharmaceutical companies in increasing their investment in Egypt. The Egyptian pharmaceutical industry is currently undergoing many changes spurred by the implementation of TRIPS and the globalization of trade. Many of these changes can be …

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The Territoriality Principle Of Patent Protection And Conflict Of Laws: A Review Of Japanese Court Decisions, Teruo Doi Jan 2002

The Territoriality Principle Of Patent Protection And Conflict Of Laws: A Review Of Japanese Court Decisions, Teruo Doi

Fordham International Law Journal

Among the various categories of intellectual property, the territoriality principle is applied most strictly to patent protection of inventions and copyright protection of works of authorship. The basic international standards for patent and copyright protections are set forth, respectively, in the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. As of April 15, 2002, 163 States are members of the Paris Union and 149 States are members of the Berne Union. Japan acceded to the Paris and Berne Conventions in 1899. A patent granted in one country has …

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Challenges And Reforms In The Palestinian Authority, Hiba I. Husseini Jan 2002

Challenges And Reforms In The Palestinian Authority, Hiba I. Husseini

Fordham International Law Journal

This Article looks at the legal structure of the agreements signed between the Palestine Liberation Organization (“PLO”) and Israel from 1993 to 1995 (the “Agreements”). They consist of the Declaration of Principles signed in 1993 (“DOP”), the Agreement on the Gaza Strip and the Jericho Area signed in 1994 (“Gaza-Jericho Agreement”), the Protocol on Economic Relations signed in 1994 (“Paris Protocol”), and the Interim Agreement on the West Bank and Gaza Strip signed in 1995 (“Interim Agreement”). The Article examines the impact of the Agreements on the Palestinian economy and the development of a viable private sector. The Article also …

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The Qualifying Industrial Zone Initiative - A New Tool To Provide Economic Assistance To Middle Eastern Countries Engaged In The Peace Process, Joel Singer Jan 2002

The Qualifying Industrial Zone Initiative - A New Tool To Provide Economic Assistance To Middle Eastern Countries Engaged In The Peace Process, Joel Singer

Fordham International Law Journal

This Article first examines the role of economic and developmental assistance in the context of peacemaking and then focuses on one specific innovative economic assistance measure: the Qualifying Industrial Zone (“QIZ”) initiative. Part I of this Article describes how addressing the economic requirements of the negotiating parties has interplayed with their other requirements within the overall framework of peacemaking. Specifically, based on the experience gained over the last thirty years of the Middle East peace process, this Part describes the overarching requirements that the parties have pursued through peace negotiations. As explained below, former Middle East warriors have always attempted …

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The Jewish Refugees From Arab Countries: An Examination Of Legal Rights - A Case Study Of The Human Rights Violations Of Iraqi Jews, Carole Basri Jan 2002

The Jewish Refugees From Arab Countries: An Examination Of Legal Rights - A Case Study Of The Human Rights Violations Of Iraqi Jews, Carole Basri

Fordham International Law Journal

Although the issues surrounding the Palestinian refugees are frequently addressed at the United Nations ("U.N."), in the news media, and in legal journals, very little has been written about the Jews displaced from Arab lands. In light of the little known fact that approximately 50% of Israelis are Jews from Arab lands or their descendents, this Article will use Jews from Iraq as a case study in examining the history and rights of Jews from Arab countries, who were expelled or forced to seek refuge elsewhere. Part I of this Article examines the historical legal status of Jews in Iraq …

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Trafficking In Persons, Especially Women And Children, In Countries Of The Middle East: The Scope Of The Problem And The Appropriate Legislative Responses, Mohamed Y. Mattar Jan 2002

Trafficking In Persons, Especially Women And Children, In Countries Of The Middle East: The Scope Of The Problem And The Appropriate Legislative Responses, Mohamed Y. Mattar

Fordham International Law Journal

The purpose of this Article is to discuss the scope of the problem of trafficking in persons, especially women and children, in the region of the Middle East, and to examine the legislative responses to this problem. This Article will discuss the forms of trafficking in the countries of the Middle East and explain the current legislative responses to the problem of trafficking. This Article will also evaluate the adequacy of these responses, as determined by the minimum standards for eliminating trafficking in persons set forth by the United States Trafficking Victims Protection Act of 2000 ("TVPA"). The Article will …

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The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem Jan 2002

The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem

Fordham International Law Journal

One of the vital ways to keep human rights safe is by preserving the prevailing role of the judiciary. Standards developed by the judiciary have a significant beneficial effect of making the lives of people better and the accomplishment of the government's goals easier. In addition, these standards may ensure a better understanding of the relationship between the people and their government, on the one hand, and among the members of the international community, on the other. Moreover, major countries, such as the United States, have a great responsibility, by virtue of their international weight and technological advancement, to help …

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Some Impediments To The Rule Of Law In The Middle East And Beyond, Muhamad Mugraby Jan 2002

Some Impediments To The Rule Of Law In The Middle East And Beyond, Muhamad Mugraby

Fordham International Law Journal

The geographic area that this Essay attempts to explore is the one generally known as “the Middle East” and includes the Levant, plus Arabia, Iran, and Pakistan, and is herein referred to as “the Region.” The Levant runs roughly from Egypt in the West to Iraq in the East. The Region is embedded in a wider area that runs from Morocco to India and even Bangladesh. This broad area will be referred to as “the Broad Region.” The main thrust is on the Region, but with frequent references to the Broad Region. All the countries of the Broad Region have …

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Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison Jan 2002

Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison

Fordham International Law Journal

Our focus in this Article is not predominantly on the doctrinal intricacies of the constitutional framework in Northern Ireland. In fact, while we acknowledge the considerable sophistication of that framework, one of our contentions is that an overly legalistic focus on the shape and forms of constitutional architecture masks key questions concerning the broader political and ideological role of constitution-making. We will argue that the particular exigencies of constitution-making in a post-conflict society require a broader understanding of the notion and role of constitutional law. We attempt to trace the source of constitutional ideas in the jurisdiction, and the role …

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Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber Jan 2002

Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber

Fordham International Law Journal

This Essay will argue that any transitional mechanism must be by its nature and temporal historical location a politically contested instrument. This can have differing political and social impacts, and impact on the human rights culture in the society in question. Based on the South African Truth and Reconciliation Commission ("TRC") experience, two rights-based issues -- namely, human rights and victims' rights -- will be discussed.

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