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Full-Text Articles in Law
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: …
Subsidiarity And Soverignty In The European Union, Paul D. Marquardt
Subsidiarity And Soverignty In The European Union, Paul D. Marquardt
Fordham International Law Journal
The institutional quick fix may support the nation-state in the short run, but the underlying logic of subsidiarty reduces the claim of rightful governance to a technocratic question of functional efficiency that will eventually undercut the nation-state's claims to loyalty. In reaching this conclusion, this Article first explores the origins and underpinnings of the doctrine of subsidiarity. Second, it examines the application of subsidiarity to the European Community. Finally, it examines the compatibility of the principles developed with today's understanding of sovereignty in Western Europe.
Evasion And Flowback In The Regulation S Era: Strengthening U.S. Investor Protection While Promoting U.S. Corporate Offshore Offerings, Josh Futterman
Evasion And Flowback In The Regulation S Era: Strengthening U.S. Investor Protection While Promoting U.S. Corporate Offshore Offerings, Josh Futterman
Fordham International Law Journal
This Note examines whether the structure of Regulation S has caused increased flowback of unregistered securities into the United States. Part I discusses the development of the offshore capital markets and the registration requirements of the Securities Act. Part I also details the evolution of the SEC's application of the Securities Act registration requirements to international securities sales, and summarizes Regulation S. Part II discusses the benefits to issuers of using Regulation S, and the effect that Regulation S has had on U.S. corporate participation in the offshore markets. Part II also analyzes the threat that flowback poses to the …
Protection Of Computer Software Programs Under The 1994 Polish Copyright Law, Tenley K. Adams
Protection Of Computer Software Programs Under The 1994 Polish Copyright Law, Tenley K. Adams
Fordham International Law Journal
This Comment provides a study of the 1994 Polish Copyright Law and examines whether the law will lead to increased investment in the Polish software market by U.S. software publishers. Part I discusses the U.S. and Polish computer software industries and the role of U.S. software companies in Poland. Part I also analyzes the 1952 Polish Copyright Law and the problems it precipitated, as well as the dilemma of software piracy as a function of copyright law. Finally, Part I discusses the forces of change that culminated in the enactment of the 1994 Polish Copyright Law. Part II provides an …
Refugees And Their Human Rights, Louis Henkin
Refugees And Their Human Rights, Louis Henkin
Fordham International Law Journal
This Introduction discusses the state of refugees in international law.
Acceptance Of Diversity: The Essence Of Peace In The North Of Ireland, John Hume
Acceptance Of Diversity: The Essence Of Peace In The North Of Ireland, John Hume
Fordham International Law Journal
True unity, as I have said, is based on respect for diversity. In Ireland, we must build political institutions that reflect the diversity of all our people, both North and South. These institutions will allow us to work together in our common economic interests to create hope for all our people. In time, the old sectarian barriers will break down and, in a generation or two, we will see a new Ireland. It will be very different from the models traditionally suggested by unionists and nationalists because it will be built on consensus and acknowledge the diversity of our people. …
Challenges And Questions Around Competition Policy: The Hungarian Experience, Ferenc Vissi
Challenges And Questions Around Competition Policy: The Hungarian Experience, Ferenc Vissi
Fordham International Law Journal
This Essay is principally about economic policy. It highlights the importance of competition policy and suggests that its weight needs to be increased in the overall economic policy, and specifically in some areas closely related to competition. The increased weight principally means that the objectives of economic policy as public values must be included in professional, political and governmental decision-making. This is not driven by any professional chauvinism, but rather by the political need of necessary interest reconciliation and search for compromise. I also believe that competition policy must be in the same category as monetary, financial, or trade policy.