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Full-Text Articles in Law
Market Definitions Relevant In Determining Illegal Foreclosure Effects In Export Trade, Elayne K. Robertson
Market Definitions Relevant In Determining Illegal Foreclosure Effects In Export Trade, Elayne K. Robertson
Fordham International Law Journal
This Note will analyze the market definitions relevant in determining illegal foreclosure effects in export trade. Part I will discuss the Export Trading Company Act of 1982 (the ETCA). Part II will analyze potential illegal foreclosure effects in United States export trade practices. Part III will discuss the product and geographic market definitions relevant to a determination of illegal foreclosure effects. This Note proposes a two step process for evaluating foreclosure in export markets. First, determine if there is or will be a negative effect on United States consumers if competitors’ export opportunities are limited. Second, the market should then …
Mcgovern, International Trade Regulation, William J. Davey
Mcgovern, International Trade Regulation, William J. Davey
Fordham International Law Journal
International Trade Regulation is a work with many strengths and few weaknesses. One could nitpick about certain aspects of its organization, but basically the organization is sufficiently logical overall that the book could be read cover to cover and be a coherent introduction to the subject of international trade regulation for a novice in the field. At the same time, within each section, the exposition of the basic international rules, followed by a discussion of the related United States and EEC rules, works well.
Civil Penalty Proceedings Under Section 592 Of The Tariff Act Of 1930, Kevin C. Kennedy
Civil Penalty Proceedings Under Section 592 Of The Tariff Act Of 1930, Kevin C. Kennedy
Fordham International Law Journal
This Article canvasses the experience of importers under revised section 592 over the past eight years as reflected in judicial proceedings in the federal courts, particularly the United States Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC or Federal Circuit). Part I of this Article presents an overview of section 592, both its predecessor and the 1978 revisions enacted by Congress. Part II analyzes section 592 subsection by subsection, with a special focus on the case law under revised section 592. Finally, Part III concludes that although the 1978 legislative revisions of section …
United States Import Relief Laws: Current Developments In Law And Policy, A. Paul Victor, Michelle S. Benjamin
United States Import Relief Laws: Current Developments In Law And Policy, A. Paul Victor, Michelle S. Benjamin
Fordham International Law Journal
Expansion of the availability of judicial review of agency actions has had a marked effect on the nature of trade proceedings, particularly in the antidumping and countervailing duty areas. Since the emergence of the Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC or Federal Circuit), a number of major substantive decisions involving the antidumping and countervailing duty laws, as well as a few other import relief laws, have been issued. The following discussion highlights CIT and CAFC accomplishments in these areas.
Continuing Conflict Between United States And English Admiralty Law On Limitation Of Liability: Whose Privity Binds The Corporate Shipowner, Richard J. Violino
Continuing Conflict Between United States And English Admiralty Law On Limitation Of Liability: Whose Privity Binds The Corporate Shipowner, Richard J. Violino
Fordham International Law Journal
Part I of this Note examines the difference in respective emphasis placed by United States and English admiralty law upon responsibility of a corporate employee and the employee’s position in the corporate hierarchy in determining the employer’s right to limit liability. Part II analyzes the extent to which shipowners in England and the United States are allowed to delegate their responsibilities in ensuring the seaworthiness of their vessels. Part III of this Note argues that under English admiralty law, limitation of liability is granted where none is warranted. This Note concludes by recommending the United States standard for finding privity.
Teclaff, Water Law In Historical Perspective, Albert E. Utton
Teclaff, Water Law In Historical Perspective, Albert E. Utton
Fordham International Law Journal
Water Law in Historical Perspective is a tour de force. Professor Teclaff has given us the advantage of his lifelong experience and learning in water law. Every page is enriched by his mature insight and scholarship. The book is divided into two parts. The first consist of a far ranging discussion of national legal systems, while the second is devoted to the development of international law both as to surface waters and groundwaters. This striking book is one that anyone interested in water resources will want to have as an all purpose reference with a global perspective and a historical …
Public And Private Aspects Of European Community Competition Law, Pierre Pescatore
Public And Private Aspects Of European Community Competition Law, Pierre Pescatore
Fordham International Law Journal
This Article first presents a short sketch of the competition rules of the EEC Treaty with a view towards showing not only the cohesive factors but also the asymmetries that characterize the Treaty system. In some respects, the case law of the Court of Justice (Court) has remedied those asymmetries; in others it has exacerbated the existing disparities and thereby weakened the present competition rules. This Article then postulates that the Community needs a complete system of competition rules, that is to say, a unified system that facilitates control of the activities not only of private operators but also of …
Article 5 Of The Eec Treaty: The Emergence Of Constitutional Principles In The Case Law Of The Court Of Justice, John Temple Lang
Article 5 Of The Eec Treaty: The Emergence Of Constitutional Principles In The Case Law Of The Court Of Justice, John Temple Lang
Fordham International Law Journal
This Article suggests that Article 5 imposes a wide variety of important duties on Member States, and that its implications extend much further than is generally realized.
Practical Considerations Regarding The Preliminary Ruling Procedure Under Article 177 Of The Eec Treaty, Manfred A. Dauses
Practical Considerations Regarding The Preliminary Ruling Procedure Under Article 177 Of The Eec Treaty, Manfred A. Dauses
Fordham International Law Journal
Part I of this Article considers the role played by the preliminary ruling procedure in the context of the Community legal system as a whole. Part II discusses the types of questions that may be appropriately referred to the Court for preliminary ruling. Part III examines the various tribunals and courts that may make a reference to the Court of Justice. Part IV analyzes the tension in the relationship between the Court and the national courts of the Member States. Finally, Part V considers the legal effects of preliminary rulings.
World Litigation Law And Practice, Peter E. Herzog
World Litigation Law And Practice, Peter E. Herzog
Fordham International Law Journal
This review states that the two volumes, "World Litigation law and Practice" and Unit B "Europe" are an up-to-date publication and thus a welcomed event. It goes on to explain how the two studies attempt to provide not only details as to the civil procedure of the country concerned, but also information concerning the general institutional background in which civil litigation takes place. After the review explains how the volumes should facilitate broad-based comparative procedural research, it offers a few suggestions for its continuance.
Securing A Lawyer's Freedom Of Establishment Within The European Economic Community, Jacqueline Friedlander
Securing A Lawyer's Freedom Of Establishment Within The European Economic Community, Jacqueline Friedlander
Fordham International Law Journal
Part I of this Note discusses the right of establishment within the EEC and the difficulties facing foreign attorneys in their efforts to exercise their right of establishment. Part II will examine the reasons why directives advancing a lawyer's freedom of establishment have so far not been approved and will then evaluate three proposed solutions. Finally, Part III presents an alternative proposal to ensure a lawyer's freedom of establishment. This Note concludes that a directive which provides for simplified access requirements, is necessary to ensure foreign lawyers' competence and to place the foreign lawyer on an equal status with the …
The Commercial Space Launch Act: America's Response To The Moon Treaty?, Anthony R. Filiato
The Commercial Space Launch Act: America's Response To The Moon Treaty?, Anthony R. Filiato
Fordham International Law Journal
This note argues that the United States policy, as exhibited by the Launch Act, and the intent of the Moon Treaty are not mutually exclusive. Part I of this Note examines the history of the Moon Treaty. Part II examines the current United States policy regarding private enterprise in outer space in light of the passage of the Launch Act. Part III then argues that private enterprise may legally operate in space under the Moon Treaty and the United States policy of encouraging private space development that would not be adversely affected if the United States signs the Moon Treaty. …
United States, Common Market And International Antitrust: A Comparative Guide, Joel Davidow
United States, Common Market And International Antitrust: A Comparative Guide, Joel Davidow
Fordham International Law Journal
Volumes I and II of the Hawk treatise differ significantly. The second volume treats the entire field of European Communities antitrust law, whereas the first volume deals only with the international application of U.S. antitrust law.
International Trade Policy: The Lawyer's Perspective , Kevin G. Nealer
International Trade Policy: The Lawyer's Perspective , Kevin G. Nealer
Fordham International Law Journal
In International Trade Policy: The Lawyer's Perspective, the editors offer a look at the landscape of issues in United States import relief law which should remain useful for some time. This is accomplished through a series of essays by a group of seasoned commentators. The initial chapters provide an intellectual framework and policy perspectives on current import relief law, along with proposals for change. The core of the book is given over to topical writings on current import relief law, each addressing some aspect of practice under Section 201, countervailing duty, or antidumping statutes. The final section reach beyond to …
United States Antitrust Jurisdictions Over Overseas Disputes After Title Iv Of The 1982 Export Trading Company Act And Timberlane, A. Paul Victor, John G. Chou
United States Antitrust Jurisdictions Over Overseas Disputes After Title Iv Of The 1982 Export Trading Company Act And Timberlane, A. Paul Victor, John G. Chou
Fordham International Law Journal
Extraterritorial application of the United States antitrust laws often has been a sticking point between the United States and its foreign trading partners. Tensions have arisen between the United States and other nations in this area as a result of differing competition policies, regulatory regimes, legal systems and forms of business enterprise. The importance of this subject area, and the global irritations it has generated for many years, suggest the development of a uniform approach by either the United States Congress or via the United States Supreme Court. This Article reviews the case law in this subject area, and discusses …
Confidentiality In Icsid Arbitration After Amco Asia Corp. V. Indonesia: Watchword Or White Elephant, Benjamin H. Tahyar
Confidentiality In Icsid Arbitration After Amco Asia Corp. V. Indonesia: Watchword Or White Elephant, Benjamin H. Tahyar
Fordham International Law Journal
Part I of this Note will discuss the manner in which ICSID arbitration acts as a contractual substitute for litigation before national courts. Part II will review the decision of the ICSID tribunal in Amco Asia Corp. In Part III, the Note will examine the confidentiality requirement imposed by the ICSID Convention and the Arbitration Rules, and will discuss the arguments for and against keeping arbitral proceedings secret. In light of this examination and discussion, the Note will argue that the ICSID tribunal correctly denied injunctive relief to Indonesia, although the denial may be inconsistent with the spirit of confidentiality …
Grey Market Goods And Modern International Commerce: A Question Of Free Trade, Richard A. Fogel
Grey Market Goods And Modern International Commerce: A Question Of Free Trade, Richard A. Fogel
Fordham International Law Journal
This Note argues that the importance of trademark laws to the resolution of the grey goods controversy is outweighed by the overriding public policy considerations of international free trade. Part I discusses the background of the grey goods controversy by examining the history of the controlling statutory and case law and the recent grey goods cases. Part II demonstrates that trademark owners are not significantly injured by the availability of grey goods, but actually gain windfall profits if there is an absolute bar on grey goods. Part III argues that preventing importation of grey goods injures international free trade. This …
Maxeiner, Policy And Methods In German And American Antitrust Law: A Comparative Study, W. David Braun
Maxeiner, Policy And Methods In German And American Antitrust Law: A Comparative Study, W. David Braun
Fordham International Law Journal
This thoughtful contribution to American and German legal literature provides valuable insights for a reader interested in comparing the decisionmaking methodology under the West German and American systems of antitrust law. The work also provides a broader discussion of key distinctions between the jurisprudential and systematic foundations of West Germany’s continental legal system and those of the Anglo-American common law system.
Competition And Deregulation: Nouvelles Frontières For The Eec Air Transport Industry?, Jacqueline O. Licalzi
Competition And Deregulation: Nouvelles Frontières For The Eec Air Transport Industry?, Jacqueline O. Licalzi
Fordham International Law Journal
This comment argues that a coherent approach to the liberalization of air transport in the EEC is desirable; however, despite the impetus of Nouvelles Frontieŕes, liberalization is unlikely in the near future. Part I analyzes the Nouvelles Frontieŕes decision in the context of the international regulatory framework in which EEC air transport functions. Part II evaluates EEC proposals that seek to bring about fairer prices and improved market entry, and concludes that such proposals would not significantly alter the present system. Part III offers proposals that strike a balance between free competition and government intervention, in the interest of liberalizing …
United States Liability For Expropriations In Foreign Territory: Setting The Standard For Responsibility, Miriam A. Kadragich
United States Liability For Expropriations In Foreign Territory: Setting The Standard For Responsibility, Miriam A. Kadragich
Fordham International Law Journal
Part I of this Note will discuss the concepts of sovereignty, state responsibility for injuries to aliens, and compensation for expropriation under international law. Part II will examine United States policy on expropriations and explore how United States citizens may seek redress for foreign property loss in United States courts. Part III will argue that, under an international legal analysis, the United States would be liable in cases such as Ramirez and Langenegger, and will propose a standard for determining when the United States should compensate its citizens for foreign property loss. Next, this Note will conclude that the United …
The Gatt And Services: Quill And Ink In An Age Of Word Processors, Robert N.H. Christmas
The Gatt And Services: Quill And Ink In An Age Of Word Processors, Robert N.H. Christmas
Fordham International Law Journal
This Note argues that because a significant portion of services are traded electronically, for example, via cable and satellite, any new agreement must encompass electronically-delivered services. Part I of this Note discusses the dispute in the international community over extending the GATT to cover services. Part II examines the problems posed by modern technology related to the inclusion of services in any multi-lateral agreement. Part III analyzes the inadequacy of existing and proposed GATT frameworks for dealing with the problems posed by electronically-delivered services. This Note concludes that while the existing and proposed GATT frameworks may provide a structure for …
Competition Between National Economies And Competition Between Businesses--A Response To Judge Pescatore, Giuliano Marenco
Competition Between National Economies And Competition Between Businesses--A Response To Judge Pescatore, Giuliano Marenco
Fordham International Law Journal
This Article challenges the validity of Judge Pescatore’s theory [that Member States of the ECC are prevented by Community law from intervening in the marketplace by legislation].
European Community Competition Law- A Rejoinder By Judge Pescatore, Judge Pescatore
European Community Competition Law- A Rejoinder By Judge Pescatore, Judge Pescatore
Fordham International Law Journal
This article contests the contention by Dr. Marenco that Judge Pescatore asserts a theory that Member States of the EED are prevented by Community law from intervening in the marketplace by legislation. Rather, Judge Pescatore explains how his article envisaged acts of legislation by which Member States specifically intervene in the normal play of competition. He goes on to say that Dr. Marenco is battling an imaginary theory of his own making and not against what he actually wrote.
The New Standard For Admissibility In European Community State Aids Actions After Cofaz, Peter J. Allen
The New Standard For Admissibility In European Community State Aids Actions After Cofaz, Peter J. Allen
Fordham International Law Journal
Part I of this Comment analyzes Community State aid policy and the standing issues facing individuals who seek judicial review of Community measures regarding State aids. Part II examines the rationale of the Court in rendering the COFAZ judgment. Part III explores the practical effect of COFAZ on individuals challenging State aids decisions and on Community State aids policy.
The Right To Be Heard In Rule Making Proceedings In England And In Israel: Judicial Policy Reconsidered, Baruch Bracha
The Right To Be Heard In Rule Making Proceedings In England And In Israel: Judicial Policy Reconsidered, Baruch Bracha
Fordham International Law Journal
The purpose of this Article is to contribute to formulating a judicial policy that balances justice and fairness towards persons affected by the regulations, on the one hand, and administrative efficiency, on the other.
Deemed Liquidation: Whose Rate Is This Anyway, Lawrence M. Segan
Deemed Liquidation: Whose Rate Is This Anyway, Lawrence M. Segan
Fordham International Law Journal
This Note argues that there are many reasons to believe that Congress did intend section 504 to operate as a penalty on Customs for failure to liquidate in a timely manner. Part I discusses the process by which imports are liquidated and how section 504 has been implemented. Part II examines how the CIT has interpreted the statute. Part III argues that the practice of Customs and the CIT's interpretation conflict with the congressional intent behind section 504. Finally, this Note concludes that in order to conform to Congress' intent, the importer's asserted rate should be given effect in deemed …
Libel Law And The Canadian Charter Of Rights And Freedoms: Towards A Broader Protection For Media Defendants, Amy R. Stein
Libel Law And The Canadian Charter Of Rights And Freedoms: Towards A Broader Protection For Media Defendants, Amy R. Stein
Fordham International Law Journal
This Note argues that Canada should recognize a privilege for media defendants similar to the United States actual malice standard in order to guarantee fully the freedom of the press set forth in the new Charter of Rights and Freedoms. Part I examines the recently adopted Charter, and the similarity between its free press provision and the first amendment of the United States Constitution. Part II demonstrates how current Canadian libel law curtails freedom of the press by burdening media defendants. Part III argues that the United States constitutional privilege better protects freedom of the press as guaranteed in the …
Land Acquisition In Developing Countries, Allan J. Berlowitz
Land Acquisition In Developing Countries, Allan J. Berlowitz
Fordham International Law Journal
The book's introduction reveals a startling premise that will potentially affect all counties, not just those in the Third World: by the year 2000, almost sixty urban centers will have populations in excess of five million, and almost fifty of those urban centers will lie in developing countries. The essential structure of Mr. Kitay's book consists of passages of explanation and analysis, with examples and observations concerning land acquisition in developing countries. The explanation and analysis portion begins with a discussion of the threshold issue of whether the private sector or government should be primarily responsible for land policy formulation, …
Carl, Economic Integration Among Developing Nations: Law And Policy, Richard A. Givens
Carl, Economic Integration Among Developing Nations: Law And Policy, Richard A. Givens
Fordham International Law Journal
It is this integration—the reduction in trade barriers between countries—that is explored in Beverly May Carl’s Economic Integration Among Developing Nations: Law and Policy. Professor Carl focuses on regional common market associations of developing nations, their benefits as well as their difficulties, and their utility as a means of reducing trade barriers and dependence on imports by member nations from industrialized nations. Integration thus can be a tool for development, as the Commerce Clause of the Federal Constitution was for the nascent United States of America and still is today.
Remarks On Advocacy Before The United States Court Of International Trade, Jane A. Restani
Remarks On Advocacy Before The United States Court Of International Trade, Jane A. Restani
Fordham International Law Journal
There seems to be a prevailing assumption that advocacy before the United States Court of International Trade (CIT or the court) somehow differs from advocacy in general. I suggest that to a large degree it does not. Despite the similarities to practice in other courts, there are a few matters worth noting about practice in a court that is designed to interpret a few statutes in a uniform manner, especially statutes that are intended to be comprehensive. Now that I have stated the general rules, I would like to mention a few somewhat more philosophical considerations and exceptions.