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Full-Text Articles in Law
The New York Convention And Saudi Arabia: Can A Country Use The Public Policy Defense To Refuse Enforcement Of Non-Domestic Arbitral Awards?, Kristin T. Roy
The New York Convention And Saudi Arabia: Can A Country Use The Public Policy Defense To Refuse Enforcement Of Non-Domestic Arbitral Awards?, Kristin T. Roy
Fordham International Law Journal
This Note examines whether Saudi Arabia's adoption of the New York Convention will advance the successful use of international arbitration by non-Saudi Arabian investors. Part I provides a background of the New York Convention, its purpose, and its historical application in the United States and the Middle Eastern countries of Kuwait and Syria. Part II examines the conflict between the Saudi Arabian legal system and Saudi Arabia's adoption of the New York Convention. Part III argues that Article V(2)(b) of the New York Convention allows a country with a unique legal system, such as Saudi Arabia, to give the appearance …
Welcoming Remarks, Constantine Katsoris
Welcoming Remarks, Constantine Katsoris
Fordham International Law Journal
No abstract provided.
Are U.S. Regulatory Requirements For Foreign Firms Appropriate?, James L. Cochrane
Are U.S. Regulatory Requirements For Foreign Firms Appropriate?, James L. Cochrane
Fordham International Law Journal
No abstract provided.
The Role Of Sec In Evaluating Foreign Issuers Coming To U.S. Markets, Richard Kosnik
The Role Of Sec In Evaluating Foreign Issuers Coming To U.S. Markets, Richard Kosnik
Fordham International Law Journal
No abstract provided.
Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni
Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni
Fordham International Law Journal
This Article retraces some of the historic initiatives that have sought to establish a permanent international criminal court and focuses on the contemporary experience of the Commission of Experts Established Pursuant to Security Council Resolution 780 and the International Criminal Tribunal for the Former Yugoslavia. More particularly, it reflects upon the problems of investigating and prosecuting violations of international humanitarian law, and the interaction between pursuing an international criminal justice goal and political settlements of international disputes.
The United Nations: Reflections On Fifty Years, 1945-1995, Joseph C. Sweeney
The United Nations: Reflections On Fifty Years, 1945-1995, Joseph C. Sweeney
Fordham International Law Journal
Introduction in relation to the 50th anniversary of the United Nations.
Balancing Collective Security And National Sovereignty: Does The United Nations Have The Right To Inspect North Korea's Nuclear Facilities?, Susan Carmody
Fordham International Law Journal
This Note examines the legal conflicts in the nuclear nonproliferation regime that developed due to the Agency's attempt to verify North Korea's compliance with the NPT. Part I reviews the history of the nonproliferation regime, as well as the pertinent textual provisions of the IAEA Statute, the NPT, and the North Korean-Agency Safeguards Agreement. Part II reviews the events leading up to North Korea's alleged withdrawal from the NPT and discusses the DPRK's and the Agency's legal arguments concerning North Korea's rights under the regime. Part III argues that the Agency has the right to inspect the DPRK's facilities because: …
The Role Of Multilateral Financial Institutions In Bringing Developing Companies To U.S. Markets, Alain Soulard
The Role Of Multilateral Financial Institutions In Bringing Developing Companies To U.S. Markets, Alain Soulard
Fordham International Law Journal
No abstract provided.
Gaining The Consent Of The Governed: A Prerequisite To Peace In Northern Ireland, Dick Spring
Gaining The Consent Of The Governed: A Prerequisite To Peace In Northern Ireland, Dick Spring
Fordham International Law Journal
This address asserts that in seeking to resolve the political dilemma of Northern Ireland, the lesson of the U.S. Constitution is particularly relevant. The root of the political conflict in Northern Ireland is that, unlike in America, no consensus exists as to fundamental constitutional principles or the idea that the source of political authority is legitimately derived from the “consent of the governed.” The author argues that there is little hope of accommodation between the unionist and nationalist communities as long as the symbols of sovereignty and the structures of government administration serve or express the partisan agenda of one …
Welcoming Remarks, Donald Sharpe
Welcoming Remarks, Donald Sharpe
Fordham International Law Journal
No abstract provided.
Overview Of U.S. Securiteis Markets And Foreign Issues, James R. Silkenat
Overview Of U.S. Securiteis Markets And Foreign Issues, James R. Silkenat
Fordham International Law Journal
No abstract provided.
The Attractions Of The U.S. Securities Markets To Foreign Issuers And The Alternative Methods Of Accessing The U.S. Markets: From The Issuer's Perspective, William E. Decker
The Attractions Of The U.S. Securities Markets To Foreign Issuers And The Alternative Methods Of Accessing The U.S. Markets: From The Issuer's Perspective, William E. Decker
Fordham International Law Journal
No abstract provided.
The Attractions Of The U.S. Securities Markets To Foreign Issuers And The Alternative Methods Of Accessing The U.S. Markets: Froma Legal Perspective, Frode Jensen
Fordham International Law Journal
No abstract provided.
Panel I Discussion, Joe Velli
Foreign Companies And U.S. Securities Markets In A Time Of Economic Transformation, Richard C. Breeden
Foreign Companies And U.S. Securities Markets In A Time Of Economic Transformation, Richard C. Breeden
Fordham International Law Journal
No abstract provided.
Practical Company Experience In Entering U.S. Markets: Significant Issues And Hurdles From The Issuer's Perspective, M. Shane Warbrick
Practical Company Experience In Entering U.S. Markets: Significant Issues And Hurdles From The Issuer's Perspective, M. Shane Warbrick
Fordham International Law Journal
No abstract provided.
Practical Company Experience In Entering U.S. Markets: Significant Issues And Hurdles From The Advisor's Perspective, Pat Mcconnell
Practical Company Experience In Entering U.S. Markets: Significant Issues And Hurdles From The Advisor's Perspective, Pat Mcconnell
Fordham International Law Journal
No abstract provided.
Panel Ii Discussion, Panel Discussion
Panel Ii Discussion, Panel Discussion
Fordham International Law Journal
No abstract provided.
Living With U.S. Regulations: Complying With The Rules And Avoiding Litigation, Roberta S. Karmel
Living With U.S. Regulations: Complying With The Rules And Avoiding Litigation, Roberta S. Karmel
Fordham International Law Journal
No abstract provided.
Out In Left Field: Cuba's Post-Cold War Strikeout, Berta Esperanza Hernández Truyol
Out In Left Field: Cuba's Post-Cold War Strikeout, Berta Esperanza Hernández Truyol
Fordham International Law Journal
This Article studies the Cuban situation in four parts. First, it reviews whether Cuba actually fits basic expectations of "Third World country" status. As discussed in Part I, the figures of social and human development indicators, as well as economic development figures, reveal that Cuba does not match the definition neatly. Its health, education, and welfare figures rival those of industrial states. Economic development figures, however, paint a completely different picture. Economic considerations certainly permit labelling the island as a "developing country," particularly since the onset of the 1986 recession, as exacerbated by the demise of communism and Cuba's consequent …
The Hesitant Privatization Of Lithuanian Land, William Valletta
The Hesitant Privatization Of Lithuanian Land, William Valletta
Fordham International Law Journal
Three years after Lithuania’s independence, the government and the Seimas are adopting fundamental laws and regulations that define the concepts of land ownership rights and land tenure and address the problems of real property administration and land use control. Their thinking has led to a progressive concept of land tenure in which owners' rights and responsibilities are carefully balanced in the fundamental law. Although it is too soon to tell whether, in practice, this balanced concept will lead to harmonious land relations and the efficient use of land, the experience of Lithuania is an important case study for analyzing the …
The Legal Status Of Gibraltar: Whose Rock Is It Anyway?, Simon J. Lincoln
The Legal Status Of Gibraltar: Whose Rock Is It Anyway?, Simon J. Lincoln
Fordham International Law Journal
This Note argues that the right to self-determination, as expressed in Resolution 1514, empowers the people of Gibraltar with the right to determine their own destiny. Part I discusses the factual and legal background of the dispute over sovereignty of both the City of Gibraltar, as well as the isthmus connecting the city to Spain. Part II explains the British, Spanish, and Gibraltarian claims to the territory, analyzing the relevant U.N. resolutions, agreements and legislation that have defined the respective rights of the three parties. Part III argues that Gibraltar has the right to self-determination and that Great Britain should …
Vision Of Europe: Lessons For The World, Eleanor Fox
Vision Of Europe: Lessons For The World, Eleanor Fox
Fordham International Law Journal
In this introductory essay, the author defines the economic vision of Europe for its internal market. Next, she will note how various Articles in this issue either express the vision, the tensions that lie within it, or the difficulties of the tasks involved in achieving it. She concludes by observing that Europe is grappling with a panoply of questions that will, in one decade or another, present themselves to the world, and while the world may not choose Europe's answers to the questions, it will be the wiser for confronting them.
The Role And Mechanism Of The Preliminary Ruling Procedure, Carl Otto Lenz
The Role And Mechanism Of The Preliminary Ruling Procedure, Carl Otto Lenz
Fordham International Law Journal
This Article examines the preliminary ruling procedure, by far the most important procedure for legal practitioners and courts. Because Community law, by reason of its supremacy and direct effect, impacts relationships between individuals, Member State courts are asking the Court to decide Community law questions more frequently. Although the law to be applied in these cases is the same in all Member States, there is a potential danger to the functioning of the EC legal system as a whole if the law is not applied uniformly in the Member States. The founding fathers of the Community averted this situation by …
State Aids Under European Community Competition Law, Claus-Dieter Ehlermann
State Aids Under European Community Competition Law, Claus-Dieter Ehlermann
Fordham International Law Journal
Part I of this Article describes the historical development of state aid in the European Community. Part II examines “public enterprises” and the need for transparency of state aid. Part III considers the future of regulating state aid in light of the European Economic Area (“EEA”) and the Europe Agreements concluded with the Central and East European Countries. Part IV proposes procedural guidelines with respect to the European Court of Justice, as well as the Commission's proposal of Council legislation under Article 94 of the Treaty Establishing the European Community (“EC Treaty”).
Defining Legitimate Competition: Companies' Duties To Supply Competitors And Access To Essential Facilities, John Temple Lang
Defining Legitimate Competition: Companies' Duties To Supply Competitors And Access To Essential Facilities, John Temple Lang
Fordham International Law Journal
This Article considers the European Community (“Community” or “EC”) antitrust law rules on the duty to supply competitors with important goods or services. It is convenient to begin, in Part I of this Article, by summarizing the relevant Treaty provisions, and the case law of the Court of Justice of the European Communities (the “Court”) and the Commission of the European Communities (the “Commission”) on essential facilities. Part I begins with the less specialized cases, and outlines the Court and Commission cases on telecommunications and performing rights societies, as well as some relevant Community legislation. This provides the basis for …
Marshall Ii: Enhancing The Remedy Available To Individuals For Gender Discrimination In The Ec, Gina L. Ziccolella
Marshall Ii: Enhancing The Remedy Available To Individuals For Gender Discrimination In The Ec, Gina L. Ziccolella
Fordham International Law Journal
This Comment asserts that although the Court of Justice may not have employed well-defined judicial principles, Marshall II nevertheless harmonizes the application of the Equal Treatment Directive in Member State courts. Part I explores how directives are enacted by the Council and enforced by the Court of Justice. In addition, Part I discusses the Equal Treatment Directive, as well as Marshall I , the precursor to Marshall II. Part II sets forth the factual and procedural history of Marshall II and examines the opinion of the Court. Part III argues that the Court of Justice, in Marshall II, engaged in …
Derrick Wyatt & Alan Dashwood, European Community Law, Laurence W. Gormley
Derrick Wyatt & Alan Dashwood, European Community Law, Laurence W. Gormley
Fordham International Law Journal
Despite the fact that the book's coverage of institutional and administrative EC law is not detailed enough to qualify it as the sole textbook for a general course, Wyatt & Dashwood must continue to form a standard part of any comprehensive reading list in undergraduate and postgraduate courses. However, recourse to Hartley, at least on the recommended list, will still be necessary. Despite this, Wyatt & Dashwood remains an excellent and practical selection for a substantive law course. Yet, Weatherill & Beaumont is more modern in its approach. Their wine has a different bouquet and taste, regarding both its discussion …
The Foundations Of A New Brazil, J.M. Pinheiro-Neto
The Foundations Of A New Brazil, J.M. Pinheiro-Neto
Fordham International Law Journal
It looks as if Brazil has found herself, finally. To have a law journal such as the Fordham International Law Journal dedicate one of its five yearly issues to a newly-elected president of a Latin American country is homage in itself. The fact that the chosen country is Brazil would have to be considered by the Brazilians as a meritorious decision. Further, to have a man like our new President, Mr. Fernando Henrique Cardoso, as the focus of the Journal's attention is certainly interesting.
The Future Of Free Trade In Europe And The World, Jacques Delors
The Future Of Free Trade In Europe And The World, Jacques Delors
Fordham International Law Journal
This speech discusses the future of global free trade, and recommends more international efforts to bolster the multilateral system. The author looks to the European Union as playing a leading role in this effort, not only, as is sometimes claimed, because of its economic weight and its interest in free trade, but primarily because of its identity as an ordered community of nations, representing the very model of balance.