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Full-Text Articles in Law
Prosecuting Crimes Against Humanity: The Lessons Of Wolrd War I, David Matas
Prosecuting Crimes Against Humanity: The Lessons Of Wolrd War I, David Matas
Fordham International Law Journal
In Part I, this Article examines legal responses to crimes against humanity during World War I and World War II. Part II considers the various sources of international law that recognized crimes against humanity prior to World War I. In Part III, this Article examines Canada’s assertion of jurisdiction over crimes against humanity. This Article concludes that those who have committed crimes against humanity during World War II must be punished in order to deter the commission of crimes against humanity in the future.
Section 337 And National Treatment Under Gatt: A Proposal For Legislative Reform, Jeffrey S. Neeley, Hideto Ishida
Section 337 And National Treatment Under Gatt: A Proposal For Legislative Reform, Jeffrey S. Neeley, Hideto Ishida
Fordham International Law Journal
This Article discusses the GATT panel reports on Section 337, the U.S. reaction to the GATT findings and possible amendments to Section 337 that would put the United States in compliance with its international obligations. Taking into account the difficult balancing act necessary to change Section 337 the authors attempt to take these requirements into account in suggesting ways out of the quandary in which the United States and its trading partners now find themselves.
R. Wohl, S. Chemtob, G. Fukushima, Practice By Foreign Lawyers In Japan, Patrick S. Kenadjian
R. Wohl, S. Chemtob, G. Fukushima, Practice By Foreign Lawyers In Japan, Patrick S. Kenadjian
Fordham International Law Journal
Book Review: Richard H. Wohl, Stuart M. Chemtob, and Glen S. Fukushima have put together a very useful volume under the auspices of the American Bar Association Section of International Law & Practice, entitled Practice by Foreign Lawyers in Japan.
The United Nations Convention On Contracts For The International Sale Of Goods And The "Battle Of The Forms", Christine Moccia
The United Nations Convention On Contracts For The International Sale Of Goods And The "Battle Of The Forms", Christine Moccia
Fordham International Law Journal
The Note argues that courts deciding a case involving a battle of the forms should refer to the general principles within the CISG rather than resort to domestic law. It argues that there are solutions within the CISG allowing courts to address adequately a battle of the forms case and that by looking to general principles courts will help promote the drafters' goal of uniformity.
Section 42 Of The Lanham Act And Non-Genuine Gray Market Goods: Re-Evaluating The Affiliate Exception, David A. Piedra
Section 42 Of The Lanham Act And Non-Genuine Gray Market Goods: Re-Evaluating The Affiliate Exception, David A. Piedra
Fordham International Law Journal
The Note argues that the U.S. Customs Service should revise the affiliate exception to resolve the exception's present inconsistency with section 42 of the Lanham Act. The Note argues that the affiliate exception is incongruous with the plain language and underlying intent of section 42 of the Lanham Act. The Note finally argues that the Customs Service should revise the affiliate exception to maintain consistency with the very statute it was promulgated to enforce.
Private Violence, Public Wrongs, And The Responsibility Of States, Dinah Shelton
Private Violence, Public Wrongs, And The Responsibility Of States, Dinah Shelton
Fordham International Law Journal
This Article will discuss the decisions of the Inter-American Court, comparing them with U.S. judicial decisions involving “state action” and private conduct. It will point out the evolution in international law from restraints on the exercise of state power, to the more generalized obligation of ensuring respect for human rights. This Article concludes that the American Convention provides guarantees for individual rights that are lacking in U.S. constitutional law.
Human Rights In The People's Republic Of China, Arthur C. Helton
Human Rights In The People's Republic Of China, Arthur C. Helton
Fordham International Law Journal
This Book Review looks at Chinese human rights developments in light of the aftermath of Tiananmen Square.
Constitutional Rules Of Community Law In Eec Competition Cases, David Edward
Constitutional Rules Of Community Law In Eec Competition Cases, David Edward
Fordham International Law Journal
Part I of this paper seeks to investigate the possible bias, or difference in usage, in the use of the word “constitutional” with particular reference to the now resolved tension between the Court of Justice of the European Communities and the German Constitutional Court. Part II discusses some landmark cases in which the European Courts had to decide whether the powers of the Commission of the European Communities in competition investigations are limited by “constitutional” rules. Part III discusses the Court’s use of the general principles of legal certainty, legitimate expectation, and proportionality to resolve problems of interpretation and application …
Ecc Merger Control: Distinguishing Concentrative Joint Ventures From Cooperative Joint Ventures, Horst-Peter Götting, Werner Nikowitz
Ecc Merger Control: Distinguishing Concentrative Joint Ventures From Cooperative Joint Ventures, Horst-Peter Götting, Werner Nikowitz
Fordham International Law Journal
This Article examines the European Economic Community’s new procedure for controlling large-scale mergers in contrast to the existing control procedure under Community cartel law. It explains these two positions by defining the difference between Concentrative Joint Ventures and Cooperative Joint Ventures.
P.J.G Kapteyn & P. Verloren Van Themaat, Introduction To The Law Of The European Communities After The Coming Into Force Of The Single European Act, William J. Davey
P.J.G Kapteyn & P. Verloren Van Themaat, Introduction To The Law Of The European Communities After The Coming Into Force Of The Single European Act, William J. Davey
Fordham International Law Journal
This Article reviews the book: “Introduction to the Law of the European Communities After the Coming Into Force of the Single European Act” by P.J.G. Kapteyn & P. VerLoren van Themaat. He finds the book to be well-timed considering the European Community’s recent completion of its 1992 program. He criticizes the book for being too short to create a comprehensive treatise on European Community law but nevertheless praises it as a clear, understandable and comprehensive work.
An Overview Of Eec Trade With Non-Community Countries And The Law Governing These External Agreements, William Rawlinson
An Overview Of Eec Trade With Non-Community Countries And The Law Governing These External Agreements, William Rawlinson
Fordham International Law Journal
This Article examines the authority of the EEC Treaty and various trade agreements concluded between the Community and non-Community countries pursuant to these provisions by presenting an overview of certain noteworthy agreements and the law providing for them.
"Special 301": Its Requirements, Implementation, And Significance, Judith H. Bello, Alan F. Holmer
"Special 301": Its Requirements, Implementation, And Significance, Judith H. Bello, Alan F. Holmer
Fordham International Law Journal
This Article reviews the Special 301 provisions and their implementation to date. Special 301 is designed to use the credible threat of unilateral retaliation by the United States to persuade trading partners to reform currently deficient IP practices. The article praises the US's use of Special 301 use thus far but warns against taking harsher action.
The United Kingdom's Obligation To Balance Human Rights And Its Anti-Terrorism Legislation: The Case Of Brogan And Others, Patricia M. Roche
The United Kingdom's Obligation To Balance Human Rights And Its Anti-Terrorism Legislation: The Case Of Brogan And Others, Patricia M. Roche
Fordham International Law Journal
The Note argues that the UK must modify its extrajudicial detention legislation in order to comply with the prompt appearance requirement of Article 5(3) of the European Convention. It analyzes the history of the conflict between Northern Ireland the the UK leading to the implementation of the extrajudicial powers of arrest and detention and the Court's decision in the Case of Brogan and Others. The Note further argues that the eventual permanent derogation which the UK employs is untenable under the EC and recommends judicial reinterpretation.
From Columbus To Cooperation - Trade And Shipping Policies From 1492 To 1992, Joseph C. Sweeney
From Columbus To Cooperation - Trade And Shipping Policies From 1492 To 1992, Joseph C. Sweeney
Fordham International Law Journal
This Article summarizes the history of international trade agreements from the time of Columbus to the present.
Telecommunications Law And Policy In The European Community, Reinhard Schulte-Braucks
Telecommunications Law And Policy In The European Community, Reinhard Schulte-Braucks
Fordham International Law Journal
This Article discusses the proposals of the Green Paper and the implementation of its principles with regard to the provision of telecommunications services and equipment throughout the Community.
Europe Towards The Year 2000 Seen In A Danish Perspective, Leif Donde
Europe Towards The Year 2000 Seen In A Danish Perspective, Leif Donde
Fordham International Law Journal
The address points to several dramatic changes through which Europe is going, and states that it is an exciting time for Europe. The world is entering a multipolar stage, Eastern Europe is reforming, technological advances have significantly effected Europe, and the EC is becoming stronger. It is the beginning of an important decade for Europe, and one which will greatly impact America.
European Community Competition Policy And International Shipping, Helmut W.R. Kreis
European Community Competition Policy And International Shipping, Helmut W.R. Kreis
Fordham International Law Journal
This Article discusses the regulation of competition in maritime transport by the European Community. Part I examines the history of the relationship between transport and competition policy under the “Treaty Establishing the European Economic Community.” Part II discusses competition in maritime transport and, in particular, the new competition regulation in this area. Part III analyzes the application of the Community’s maritime competition regulation in relation to non-Community countries. The Article concludes that the Community must protect its interests in the shipping industry without impeding international shipping or imposing barriers on free, worldwide trade.
The Recoverability Of Punitive Damages Under The Warsaw Convention In Cases Of Wilful Misconduct: Is The Sky The Limit?, Barbara J. Buono
The Recoverability Of Punitive Damages Under The Warsaw Convention In Cases Of Wilful Misconduct: Is The Sky The Limit?, Barbara J. Buono
Fordham International Law Journal
The Note argues that punitive damages should be recovered under the Warsaw Convention in cases of wilful misconduct.The Note traces the history and intentions of the drafters of the Pact, analyzes the legal controversy in the U.S. courts concerning the recoverability of punitive damages in similar cases, and concludes that the threat of punitive damages may encourage air carriers to improve safety conditions in international transportation.
The U.S. Courts And The Treatment Of Suspects Abducted Abroad Under International Law, Andrew M. Wolfenson
The U.S. Courts And The Treatment Of Suspects Abducted Abroad Under International Law, Andrew M. Wolfenson
Fordham International Law Journal
The Note argues that U.S. courts should consider treatment of an apprehended individual in determining whether to retain jurisdiction. It examines U.S. and international law, and argues that the U.S., in order to comply with international law, must consider the treatment of an apprehended individual. It concludes that the U.S. courts must divest themselves of jurisdiction if U.S. agents have mistreated an apprehended individual in violation of international law.
G. Reynolds & R. Merges, Outer Space: Problems Of Law And Policy, Edward S, Binkowski
G. Reynolds & R. Merges, Outer Space: Problems Of Law And Policy, Edward S, Binkowski
Fordham International Law Journal
This Book Review reviews the casebook: “Outer Space: Problems of Law and Policy” by G. Reynolds & R. Merges. The reviewer gives the book a favorable review but warns that the book is lacking in certain areas that it could spend more time on and is subject to change considering how the area is often shifting with new treaties.
Expanding The International Definition Of Refugee: A Multicultural View, Isabelle R. Gunning
Expanding The International Definition Of Refugee: A Multicultural View, Isabelle R. Gunning
Fordham International Law Journal
This Article urges the international use of an expanded definition of refugee because, as will be shown, the African definition is more reflective of the dominant circumstances currently causing individuals to flee. Moreover the African definition is more representative of the goals and of the multicultural character of an international society as envisioned by the United Nations Charter.
The Passive Personality Principle And Its Use In Combatting International Terrorism, John G. Mccarthy
The Passive Personality Principle And Its Use In Combatting International Terrorism, John G. Mccarthy
Fordham International Law Journal
The Note argues that the passive personality principle could be used by all countries in a uniform manner in order to combat modern intl terrorism. It traces the intl community's gradual acceptance of the principle, analyzes the different ways different countries employ it, argues that instead it should be used in a uniform manner, and concludes that this is the necessary response to the type of intl terrorism that is a threat today.
Ayuda, Inc. V. Thornburgh: Did Congress Give The Executive Branch Free Rein To Define The Scope Of Legislation, Zdenka Seiner Griswold
Ayuda, Inc. V. Thornburgh: Did Congress Give The Executive Branch Free Rein To Define The Scope Of Legislation, Zdenka Seiner Griswold
Fordham International Law Journal
The Note argues that the Ayuda decision is inconsistent with the congressional intent behind IRCA and prior case law. The Note further argues that the purposes underlying IRCA will best be served by prompt judicial resolution of policy disputes about legalization.
The Application Of The U.S. Bank Holding Company Act To Instrumentalities Of Foreign Governments, Joseph Arkins
The Application Of The U.S. Bank Holding Company Act To Instrumentalities Of Foreign Governments, Joseph Arkins
Fordham International Law Journal
The Note argues that the Fed's approach in applying the BHCA to foreign government instrumentalities incorrectly characterizes them as "companies" under the Act. It further argues that the Fed's approach to regulating foreign government owned subsidiaries in the U.S. insufficiently accomodaets the financial interrelationship between these governments U.S. banking affiliates and their non-banking activities outside the U.S. The Note argues that the Fed has incorrectly characterized foreign banking instrumentalities as "companies", and therefore would excessively restrict their financial interrelationships in the event these instrumentalities acquire a U.S. subsidiary.
State International Arbitration Statutes And The U.S. Arbitration Act: Unifying The Availability Of Interim Relief, William P. Mills, Iii
State International Arbitration Statutes And The U.S. Arbitration Act: Unifying The Availability Of Interim Relief, William P. Mills, Iii
Fordham International Law Journal
The Note argues that the U.S. law of the availability of interim relief in international arbitration situations should be uniform. It states that the best resolution to the current conflict over the availability of interim relief at the federal and state levels is to amend both the Arbitration Act and state laws governing international arbitrations to provide expressly for the availability of interim relief from a court.
The Directive On Insider Dealing , Raffaello Fornasier
The Directive On Insider Dealing , Raffaello Fornasier
Fordham International Law Journal
This Article discusses the Community directive on insider dealing strictly from the point of view of Community law, and more specifically of what may be called the Community's constitutional law - the powers of the institutions involved in the making and in the implementation of law - rather than from the point of view of insider trading as an economic phenomenon and the ways it is perceived and dealt with in Community law.
Developments In Soviet Property Law, Richard C. Schneider, Jr.
Developments In Soviet Property Law, Richard C. Schneider, Jr.
Fordham International Law Journal
This Article summarizes certain aspects of new Soviet initiatives in the area of property law. The Article also touches on the interrelationship between the new developments in property law and developments in the area of Soviet company law that have given rise to new forms of legal entity, in particular, joint ventures.