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Articles 1 - 30 of 1554
Full-Text Articles in Law
Who Starved For That Smartphone?: Limitations Of The Sec's Approach To The Congolese Conflict Minerals Trade Problem And The Need For The European Union To Better Address Its Associated Human Rights Abuses, Joan Abelardo
Fordham International Law Journal
No abstract provided.
"So Close, Yet So Far": The United States Follows The Lead Of The European Union In Mandating Gmo Labeling. But Did It Go Far Enough?, Courtney Begley
"So Close, Yet So Far": The United States Follows The Lead Of The European Union In Mandating Gmo Labeling. But Did It Go Far Enough?, Courtney Begley
Fordham International Law Journal
No abstract provided.
The Quest For Justice: Joseph Kony And The Lord's Resistance Army, Christopher E. Bailey
The Quest For Justice: Joseph Kony And The Lord's Resistance Army, Christopher E. Bailey
Fordham International Law Journal
No abstract provided.
The Legitimacy Of Informal Constitutional Amendment And The "Reinterpretation" Of Japan's War Powers, Craig Martin
The Legitimacy Of Informal Constitutional Amendment And The "Reinterpretation" Of Japan's War Powers, Craig Martin
Fordham International Law Journal
The government of Japan has purported to reinterpret the famous war-renouncing provision of the Constitution in a controversial process that deliberately circumvented the formal amendment procedure. This article argues that these developments should be of great interest to constitutional law scholars in America because they bring into sharp focus issues that remain underdeveloped and unresolved in the debate over informal amendment. Theories on informal amendment suggest that there are some constitutional changes that exceed the reasonable range of normal interpretive development, but which are not implemented through formal amendment procedures. The existence, scope, and legitimacy of such informal amendments remains …
Refugee Reception And Perception: U.S. Detention Camps And German Welcome Centers, Valeria Gomez, Karla Mari Mckanders
Refugee Reception And Perception: U.S. Detention Camps And German Welcome Centers, Valeria Gomez, Karla Mari Mckanders
Fordham International Law Journal
No abstract provided.
The Culture War: A Look At The Cultural Exception Principle In International Trade Law, Liz Schéré
The Culture War: A Look At The Cultural Exception Principle In International Trade Law, Liz Schéré
Fordham International Law Journal
In studying the concepts of trade and culture in the context of international law, it appears at first that the two are at odds: the cultural exception approach vouches for protectionism and national sovereignty while trade defends liberalization and globalization. However, within this distinction lies a misconception. Culture doesn’t necessarily reject trade. The word “exception” does. This study presents and analyzes the notion of cultural exception within the framework of international trade law, specifically examining the legal protections and recourses offered by the World Trade Organization (“WTO”) and alternative treaties and agreements (e.g. Canada-U.S. Free Trade Agreement (“CUSFTA”), United Nations …
Stranglehold Refoulment: Fear Of Constructively Forced Returns Of Burmese Refugees As Consequence Of Thailand's Combined Human Rights Violations, Zach Hudson
Fordham International Law Journal
No abstract provided.
The External Dimension Of Eu Investment Law: Jurisdictional Clashes And Transformative Adjudication, Daniele Gallo, Fernanda G. Nicola
The External Dimension Of Eu Investment Law: Jurisdictional Clashes And Transformative Adjudication, Daniele Gallo, Fernanda G. Nicola
Fordham International Law Journal
EU trade and investment policy is in flux. The rate at which the global trade and investment architecture is evolving through the mega-regional Free Trade Agreements (“FTAs”) is unprecedented. In this context, we explain how European lawyers and trade negotiators are addressing the newly acquired investment competence, while at the same time reforming investment arbitration and proposing new systems of dispute resolution at the international level. EU trade negotiators have put forward transformative proposals for investment chapters in their FTAs to safeguard, above all, the autonomy of the EU legal order in its relationship with international arbitration law. By mapping …
The Right To Reputation And The Case For Boris Nemtsov, Thomas M. Callahan
The Right To Reputation And The Case For Boris Nemtsov, Thomas M. Callahan
Fordham International Law Journal
No abstract provided.
Investor-State Arbitration Mechanism Negotiations In The Ttip: An Unpopular Endeavor Into The Potential Politicization Of Dispute Settlement, Chiara Coppotelli
Investor-State Arbitration Mechanism Negotiations In The Ttip: An Unpopular Endeavor Into The Potential Politicization Of Dispute Settlement, Chiara Coppotelli
Fordham International Law Journal
No abstract provided.
From 'No Bailout' To The European Stability Mechanism, Jeffery Atik
From 'No Bailout' To The European Stability Mechanism, Jeffery Atik
Fordham International Law Journal
No abstract provided.
Coping With Crisis: The Role Of The European Council President, Desmond Dinan
Coping With Crisis: The Role Of The European Council President, Desmond Dinan
Fordham International Law Journal
No abstract provided.
Financial Stability, Financial Services, And The Single Market, Caroline Bradley
Financial Stability, Financial Services, And The Single Market, Caroline Bradley
Fordham International Law Journal
No abstract provided.
One Nation Under God(S)?: Post-Secular Governance In The United States And Republic Of Ireland, A Comparison, Christopher M.W. Pioch
One Nation Under God(S)?: Post-Secular Governance In The United States And Republic Of Ireland, A Comparison, Christopher M.W. Pioch
Fordham International Law Journal
No abstract provided.
Tax Transparency: A Tale Of Two Countries, Tracy A. Kaye
Tax Transparency: A Tale Of Two Countries, Tracy A. Kaye
Fordham International Law Journal
No abstract provided.
The Many Formations Of The Court Of Justice: 15 Years After Nice, Sacha Prechal
The Many Formations Of The Court Of Justice: 15 Years After Nice, Sacha Prechal
Fordham International Law Journal
No abstract provided.
Chinese Gift-Giving, Anti-Corruption Law, And The Rule Of Law And Virtue, Mary Szto
Chinese Gift-Giving, Anti-Corruption Law, And The Rule Of Law And Virtue, Mary Szto
Fordham International Law Journal
This Article addresses the question of whether virtuous giftgiving in China can be used in the fight against corruption. Giftgiving, ubiquitous in Chinese familial, business, and official practices, has been under fire by both laws outside and within China.
A Postal Code Lottery: Unequal Access To Abortion Services In The United States And Northern Ireland, Hailey K. Flynn
A Postal Code Lottery: Unequal Access To Abortion Services In The United States And Northern Ireland, Hailey K. Flynn
Fordham International Law Journal
This Note argues that one’s postal code, or where one lives within the United States or in Northern Ireland, should not negatively impact a woman’s access to safe abortion services. This Note will examine abortion-related jurisprudence in the United States and Northern Ireland and will make recommendations for the ways in which access to abortion services can be legally improved. Part I will explain current jurisprudence on abortion in the United States within the Due Process Clause and Equal Protection Clause contexts. Part II will analyze the current legal framework that governs access to abortion in Northern Ireland and will …
A Wolf In Sheep's Clothing? Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher
A Wolf In Sheep's Clothing? Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher
Fordham International Law Journal
If international atrocity crimes are acts so egregious that their impunity cannot be legally tolerated, why don’t we punish States that commit them? The rise of international criminal law is celebrated as an achievement of the international rule of law, yet its advance effectively may come at the expense of holding States accountable for their role in mass violence. Transitional justice has emerged as the dominant normative framework for how the international community responds to mass violence. Liberalism strongly influences transitional justice, which has produced individual criminal accountability as the desired form of legal accountability for atrocities. Transitional justice rejects …
Time To Retire: Is Lifetime Employment In Japan Still Viable?, Sayuri A. Shimoda
Time To Retire: Is Lifetime Employment In Japan Still Viable?, Sayuri A. Shimoda
Fordham International Law Journal
Given the rich literature regarding lifetime employment, the purpose of this Comment is to provide an overview of the evolution of this system as well as hlight broader policy implications for the Japanese economy and society. Part I will provide background information on lifetime employment including an overview of the main theories that explain the origins of lifetime employment, its relationship to labor laws in Japan, and provide a comparison between employment systems in the United States and Japan. Part II attempts to answer the frequently asked question, “is lifetime employment disappearing?” by considering existing quantitative studies as well as …
Does Nationality Influence Neutrality? The Ethical Standards And Expectations Of International Mediators, Melissa Katsoris
Does Nationality Influence Neutrality? The Ethical Standards And Expectations Of International Mediators, Melissa Katsoris
Fordham International Law Journal
This Comment examines how a mediator’s nationality can influence the mediating parties’ and communities’ perceptions of his neutrality and how cultural differences play a role in the ethical expectations of a cross-cultural mediator. Part I discusses the role of neutrality in cross-cultural mediation and how neutrality is required and interpreted by codified ethical standards for mediators in the United States and in several international organizations. Part II discusses the role of culture in mediation, how culture influences ethical expectations, and the case studies of George Mitchell, a mediator in Ireland and Israel-Palestine, and Lakhdar Brahimi, a mediator in Syria. Mitchell …
Bridging The Cultural Gap In International Arbitrations Arising From Fcpa Investigations, Daniel Schimmel, Anthony Mirenda, Shrutih Tewarie
Bridging The Cultural Gap In International Arbitrations Arising From Fcpa Investigations, Daniel Schimmel, Anthony Mirenda, Shrutih Tewarie
Fordham International Law Journal
No abstract provided.
Class Actions In International Commercial Arbitration, Francisco Blavi, Gonzalo Vial
Class Actions In International Commercial Arbitration, Francisco Blavi, Gonzalo Vial
Fordham International Law Journal
This Article attempts to contribute to the study of international class arbitrations by providing a clear framework for discussion, an explanation of the current status, and a description of the challenges facing the development of class actions in the field of international commercial arbitration. As international arbitration is a system praised for offering a predictable and efficient mechanism to resolve transnational business disputes, it is submitted that the international commercial arbitration community should promptly implement a specific regulatory framework for class arbitrations that avoids uncertainties and addresses its special features.
Slipping Through The Cracks: How Tiny Plastic Microbeads Are Currently Escaping Water Treatment Plants And International Pollution Regulation, Guy Graney
Fordham International Law Journal
No abstract provided.
The Origins Of Argentina's Litigation And Arbitration Saga, 2002-2016, Arturo C. Porzecanski
The Origins Of Argentina's Litigation And Arbitration Saga, 2002-2016, Arturo C. Porzecanski
Fordham International Law Journal
The voluminous and protracted litigation and arbitration saga featuring the Republic of Argentina (mostly as defendant or respondent, respectively) established important legal and arbitral precedents, as illustrated by three cases involving Argentina which were appealed all the way up to the US Supreme Court and were settled in 2014. At first glance, the scale of Argentina-related litigation activity might be explained by the sheer size of the government’s 2001 default, the world’s largest-ever up to that point. However, its true origins are to be found in the unusually coercive and aggressive way that the authorities in that country went about …
To Work And To Love: How International Human Rights Law Can Be Used To Improve Mental Health In The United States, Rebecca A. Zarett
To Work And To Love: How International Human Rights Law Can Be Used To Improve Mental Health In The United States, Rebecca A. Zarett
Fordham International Law Journal
No abstract provided.
What Does Lawfare Mean?, David Hughes
What Does Lawfare Mean?, David Hughes
Fordham International Law Journal
No abstract provided.
Does Every Cloud Have A Silver Lining?: Brexit, Repeal Of The Human Rights Act And The Northern Ireland Bill Of Rights, Anne Smith, Monica Mcwilliams, Priyamvada Yarnell
Does Every Cloud Have A Silver Lining?: Brexit, Repeal Of The Human Rights Act And The Northern Ireland Bill Of Rights, Anne Smith, Monica Mcwilliams, Priyamvada Yarnell
Fordham International Law Journal
Following the Brexit referendum in the United Kingdom and the Conservative’s plans to replace the Human Rights Act with a British Bill of Rights, this article argues that this is an opportunity to re-open the debate on how best to address the current political stalemate on a Northern Ireland Bill of Rights, an unfulfilled element of the Belfast/Good Friday Agreement. We argue that at a time when there is so much uncertainty about the protection and safeguarding of rights with a real risk of lesser rights for fewer people in the United Kingdom, more than ever is the need to …
Restituting Justice: Applying The Holocaust Restitution Process To Subsequent Genocides And Human Rights Violations, Zahava Moerdler
Restituting Justice: Applying The Holocaust Restitution Process To Subsequent Genocides And Human Rights Violations, Zahava Moerdler
Fordham International Law Journal
No abstract provided.
Feminism And International Law In The Post 9/11 Era, Jayne Huckerby
Feminism And International Law In The Post 9/11 Era, Jayne Huckerby
Fordham International Law Journal
No abstract provided.