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1995

Fordham International Law Journal

Articles 1 - 30 of 108

Full-Text Articles in Law

A Grotian Moment, Boutros Boutros-Ghali Jan 1995

A Grotian Moment, Boutros Boutros-Ghali

Fordham International Law Journal

No abstract provided.


Does Lochner Live In Luxembourg?: An Analysis Of The Property Rights Jurisprudence Of The European Court Of Justice, Michael R. Antinori Jan 1995

Does Lochner Live In Luxembourg?: An Analysis Of The Property Rights Jurisprudence Of The European Court Of Justice, Michael R. Antinori

Fordham International Law Journal

No abstract provided.


The Challenge Of Asian Law, Whitmore Gray Jan 1995

The Challenge Of Asian Law, Whitmore Gray

Fordham International Law Journal

Several years ago, when U.S. trade across the Pacific finally surpassed that across the Atlantic, a small group of U.S. lawyers were already responding to the challenge of representing clients in transactions in Asia. While few had had the opportunity to take courses dealing with Asian law during their law school years, many entered the field because of undergraduate language and area studies courses. The challenges seem clear: improve the quantity, and especially the variety, of courses on Asian law; bring Asia into the mainstream of American teaching wherever possible - hopefully as a result of having involved American ...


The Emergence Of Diversity: Differences In Human Rights Jurisprudence, Fionnuala Ni Aolain Jan 1995

The Emergence Of Diversity: Differences In Human Rights Jurisprudence, Fionnuala Ni Aolain

Fordham International Law Journal

This Article documents the patterns of judicial divergence in the area of non-derogable rights. It examines the increased conservatism of the European Court of Human Rights relative to other international bodies in one specific area; the interpretation and protection of human rights violations in situations of emergency. This Article explores the responses of international courts and tribunals to situations where states have limited the exercise of their citizens' rights as a result of political crisis. These limitations are examined in relation to the agreed obligations of states to protect rights when they sign human rights treaties. Part I looks ...


Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris Jan 1995

Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris

Fordham International Law Journal

This Essay first reviews the recent initiatives on fighting international crime and then suggests the need for a regional initiative on international criminal cooperation and criminal justice. The Author makes the proposal almost ten years after suggesting the establishment of the Inter-American Drug Abuse Control Commission (“CICAD”), whose creation was suggested as the precursor to a more comprehensive Americas Committee on Crime Problems.


Restructuring Rules Of Origin In The U.S.-Israel Free Trade Agreement: Does The Ec-Israel Association Agreement Offer An Effective Model?, Allan S. Galper Jan 1995

Restructuring Rules Of Origin In The U.S.-Israel Free Trade Agreement: Does The Ec-Israel Association Agreement Offer An Effective Model?, Allan S. Galper

Fordham International Law Journal

This Note argues that the rules of origin in the U.S.-Israel FTA must be reformed to improve the opportunities for trade between the United States and Israel and to facilitate greater economic cooperation among the countries in the Middle East. Part I discusses the benefits of FTAs, presents the rules of origin that the United States uses in different agreements, including the current U.S.-Israel FTA, and examines the European Community's rules of origin and the rules of origin in the EC-Israel FTA. Part II examines the recently-concluded EC-Israel Association Agreement and compares its rules of ...


Developing A Documentary Credit Dispute Resolution System: An Icc Perspective, S. Isabella Chung Jan 1995

Developing A Documentary Credit Dispute Resolution System: An Icc Perspective, S. Isabella Chung

Fordham International Law Journal

Spurred by the expansion of world trade and the increasing number of disputes involving documentary credits -- a global market now estimated at a staggering US$500 billion in letters of credit outstanding -- the International Chamber of Commerce's (“ICC”) is currently developing rules for the resolution of disputes arising from letters of credit issued under the Uniform Customs and Practices for Documentary Credits (“UCP”). The ICC's ongoing work in this area raises a host of issues related to the sufficiency of existing dispute resolving mechanisms. The ICC's initiative also provides a useful platform for evaluating the benefits and ...


Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultrual Identities, Jacques Delisle Jan 1995

Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultrual Identities, Jacques Delisle

Fordham International Law Journal

No abstract provided.


The Evolution Of International Law Firms And The Role Of Bar Associations In Transborder Legal Practice, James R. Silkenat Jan 1995

The Evolution Of International Law Firms And The Role Of Bar Associations In Transborder Legal Practice, James R. Silkenat

Fordham International Law Journal

No abstract provided.


The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor Jan 1995

The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor

Fordham International Law Journal

Peace-keeping today is in flux, if not in crisis. Two sets of powerful images - one reflective of the limitations of international peace-keeping in situations where there is no peace to keep, the other seemingly demonstrating the potential of the use of force to promote peace in the same situation - frame the context of this discussion. If peace-keeping is to serve as a useful instrument in the maintenance of international peace and security, it needs conceptual clarity, political support, and financial resources. For peace-keeping to remain effective in a changing world, its credibility must not be jeopardized by the application of ...


International Law Approaches The Twenty-First Century: A U.S. Perpective On Enforcement, Madeleine K. Albright Jan 1995

International Law Approaches The Twenty-First Century: A U.S. Perpective On Enforcement, Madeleine K. Albright

Fordham International Law Journal

No abstract provided.


World Law, Harold J. Berman Jan 1995

World Law, Harold J. Berman

Fordham International Law Journal

No abstract provided.


Forced International Migration: A Need For New Approaches By The International Community, Arthur C. Helton Jan 1995

Forced International Migration: A Need For New Approaches By The International Community, Arthur C. Helton

Fordham International Law Journal

No abstract provided.


Regulatory Crisis At Lloyd's Of London: Reform From Within, Ian Kelley Jan 1995

Regulatory Crisis At Lloyd's Of London: Reform From Within, Ian Kelley

Fordham International Law Journal

No abstract provided.


The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor Jan 1995

The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor

Fordham International Law Journal

Peace-keeping today is in flux, if not in crisis. If it is to serve as a useful instrument in the maintenance of international peace and security, it needs conceptual clarity, political support, and financial resources. For peace-keeping to remain effective in a changing world, its credibility must not be jeopardized by the application of peace-keeping to inappropriate situations, by the issuance of mandates unsupported by doctrinal consistency or military means, or by the undermining of its authority by attempts to reconcile peace-keeping with war-making under the rubric of peace-enforcement.


The Inter-American Convention On The Law Applicable To International Contracts: Another Piece Of The Puzzle Of The Law Applicable To International Contracts, Susie A. Malloy Jan 1995

The Inter-American Convention On The Law Applicable To International Contracts: Another Piece Of The Puzzle Of The Law Applicable To International Contracts, Susie A. Malloy

Fordham International Law Journal

This Note argues that the United States should not adopt the ICLAIC in its present form because doing so will compromise the existing U.S. framework for U.S. contract law. Part I discusses the current legal framework of contracts for the sale of goods in the United States, including: the major provisions of the United Nations Convention on Contracts for the International Sale of Goods and Article 2 of the Uniform Commercial Code. Part II discusses the three principal objectives of the ICLAIC by analyzing its Preamble and illustrating the provisions intended to accomplish these goals. Part III recognizes ...


Extradition And Individual Rights: The Need For An International Criminal Court To Safeguard Individual Rights, Kai I. Rebane Jan 1995

Extradition And Individual Rights: The Need For An International Criminal Court To Safeguard Individual Rights, Kai I. Rebane

Fordham International Law Journal

This Note argues that nations, in their zeal to prosecute terrorists and pursue fugitives, are trampling on the same fundamental human rights they espouse in the international forum. Part I traces the history of extradition and its safeguards. Part II analyzes problems in modern extradition law and explores the arguments for and against the development of an international standard. Part III argues that current extradition practices violate international law and proposes that an International Criminal Court be established to provide a neutral forum for extradition hearings that will protect rights established by international law. This Note concludes that extradition procedures ...


Fighting Corruption Across The Border, Karl M. Meessen Jan 1995

Fighting Corruption Across The Border, Karl M. Meessen

Fordham International Law Journal

No abstract provided.


Women's Human Rights: The Twenty-First Century, Elizabeth F. Defeis Jan 1995

Women's Human Rights: The Twenty-First Century, Elizabeth F. Defeis

Fordham International Law Journal

No abstract provided.


The Security Situation In East Asia And The Pacific And Japan's Role & Japan-U.S. Joint Declaration On Security, Kunihiko Saito Jan 1995

The Security Situation In East Asia And The Pacific And Japan's Role & Japan-U.S. Joint Declaration On Security, Kunihiko Saito

Fordham International Law Journal

After the end of the Cold War, a number of welcome indications, such as attaining peace in Cambodia and the admission of Vietnam to ASEAN membership, signaled that the Asian-Pacific region was headed into a more predictable era. The Asian countries were becoming more mature politically, and this political stability in turn engendered eye-opening economic growth. However, the end of the Cold War in and of itself, did not remove any of the various causes of tension and confrontation in Asia. In northeastern Asia in particular, destabilizing factors continue to exist unabated: a divided nation remains, territorial disputes continue, a ...


Reaffirming Faith In The Dignity Of Each Human Being: The United Nations, Ngos, And Apartheid, Ibrahim J. Gassama Jan 1995

Reaffirming Faith In The Dignity Of Each Human Being: The United Nations, Ngos, And Apartheid, Ibrahim J. Gassama

Fordham International Law Journal

This Article explores serious questions that remain about the U.N. role in human rights struggles following the South African elections. Are there structural barriers that prevent the United Nations from acting more rapidly and decisively on human rights matters? What role does the United Nations have in the human rights struggle beyond the mechanics of electoralism and attainment of formal political equality? How can human rights non-governmental organizations (“NGOs”) help the United Nations become more effective in its human rights work? The fifty-year global campaign against state-directed racial oppression in South Africa provides lessons that help answer such questions ...


Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves Jan 1995

Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves

Fordham International Law Journal

This Article reviews the Uruguay Round Agreements and examines the implications of this new multilateral trading system on U.S. sovereignty. Specifically, this Article reviews the new dispute settlement process and the relevant U.S. legislation. Part I provides an overview of the Uruguay Round Agreements. It reviews the Agreement Establishing the WTO and the Understanding on Rules and Procedures Governing the Settlement of Disputes. Part II provides an overview of the U.S. implementing legislation. Part III reviews the proposed Dispute Settlement Review Commission. Part IV examines the implications of the Uruguay Round Agreements on U.S. sovereignty. Specifically ...


The Quick Solution To Complex Problems: The Article Iii Judge, Hon. Jane A. Restani, Ira Bloom Jan 1995

The Quick Solution To Complex Problems: The Article Iii Judge, Hon. Jane A. Restani, Ira Bloom

Fordham International Law Journal

No abstract provided.


Multinational Election Monitoring: Advancing International Law On The High Wire, Gregory H. Fox Jan 1995

Multinational Election Monitoring: Advancing International Law On The High Wire, Gregory H. Fox

Fordham International Law Journal

No abstract provided.


The Decolonization Of Gibraltar, Hon. J. J. Bossano Jan 1995

The Decolonization Of Gibraltar, Hon. J. J. Bossano

Fordham International Law Journal

No abstract provided.


Replacement Players For The Toronto Blue Jays?: Striking The Appropriate Balance Between Replacement Worker Law In Ontario, Canada And The United States, J. Jordan Lippner Jan 1995

Replacement Players For The Toronto Blue Jays?: Striking The Appropriate Balance Between Replacement Worker Law In Ontario, Canada And The United States, J. Jordan Lippner

Fordham International Law Journal

No abstract provided.


A Comparative Analysis Of A Corporation's Right Against Self-Incrimination, Scott A. Trainor Jan 1995

A Comparative Analysis Of A Corporation's Right Against Self-Incrimination, Scott A. Trainor

Fordham International Law Journal

No abstract provided.


The Nuclear Non-Proliferation Treaty's Obligation To Transfer Peaceful Nuclear Energy Technology: One Proposal Of A Technology, Seth Grae Jan 1995

The Nuclear Non-Proliferation Treaty's Obligation To Transfer Peaceful Nuclear Energy Technology: One Proposal Of A Technology, Seth Grae

Fordham International Law Journal

This Essay discusses the technology transfer provisions of the Treaty on the Non-Proliferation of Nuclear Weapons (“NPT”) and describes the Radkowsky Thorium Reactor, which is being developed as a peaceful nuclear energy technology.


Dedication To Ole Due, Gil Carlos Rodríguez Iglesias Jan 1995

Dedication To Ole Due, Gil Carlos Rodríguez Iglesias

Fordham International Law Journal

It is a great pleasure for me to write a few words in tribute to my former colleague and friend Ole Due. Over the past three decades, as a civil servant, a teacher, a judge, and President of the EC Court of Justice, Ole Due has strived and succeeded in making a substantial and valuable contribution to the development and understanding of European Community law.


The Preliminary Ruling Procedure And The United Kingdom, Carl Otto Lenz, Gerhard Grill Jan 1995

The Preliminary Ruling Procedure And The United Kingdom, Carl Otto Lenz, Gerhard Grill

Fordham International Law Journal

The agenda I propose for tonight's talk is both more specific and limited. I intend to look at the preliminary ruling procedure under Article 177 of the EC Treaty and how it is used by the legal community in the United Kingdom. In so doing, I shall draw comparisons to the practice in other major Member States in the Community. My views are of course based on the experience I have gained in my function as a member of the Court in Luxembourg. I would, therefore, be very much interested to learn whether they are shared by the legal ...