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Full-Text Articles in Law
U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle
U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle
Fordham International Law Journal
This Article addresses mutual assistance between the United States and Colombia and the issues surrounding the drug war. Part I examines past and present cooperative agreements, the goals of the agreements in the context of national and regional security, and the reasons the agreements have or have not succeeded. Part II discusses current U.S. aid policy toward Colombia and the problems the United States will face if assistance proceeds as planned. Part III presents a critical view of Colombia as a nation unable to deal successfully with its many political, social, and moral crises, and incapable of living up to …
Defense Requests For International Judical Assistance: The U.K. Perspective, Christopher Murray
Defense Requests For International Judical Assistance: The U.K. Perspective, Christopher Murray
Fordham International Law Journal
The purpose of this Essay is to examine the machinery for providing evidence to defendants in foreign proceedings and the extent to which there is equality of arms and opportunity between the prosecutor and defendant when obtaining evidence from abroad in U.K. proceedings. This Essay will also identify the new problems that are starting to emerge when such equality is threatened. To do so, it explores the mechanism by which mutual assistance is governed in the United Kingdom - the Criminal Justice (International Co-operation) Act of 1990.
Bases For Refusing International Extradition Requests - Capital Punishment And Torture, Ved P. Nanda
Bases For Refusing International Extradition Requests - Capital Punishment And Torture, Ved P. Nanda
Fordham International Law Journal
This Essay is an attempt to contribute to the scholarly investigation into how to reconcile the complementary and competing goals of protecting national security in the interest of law enforcement while still guaranteeing the protection of basic human rights of defendants. It focuses on two issues - capital punishment and torture - which form the bases for state refusal to extradite fugitives.
Extradition, Evidence Gathering, And Their Relatives In The Twenty-First Century: A U.S. Defense Counsel Perspective, Bruce Zagaris
Extradition, Evidence Gathering, And Their Relatives In The Twenty-First Century: A U.S. Defense Counsel Perspective, Bruce Zagaris
Fordham International Law Journal
The United States is serving as a laboratory to resolve the tension between globalization, rising transnational criminality, and the demand for enhanced human rights. This Essay reviews selected areas of evidence gathering and extradition in transnational crime and closely related areas. The perspective will focus particularly on the rights of defendants.
Inadequacies Of The Oil Pollution Act Of 1990: Why The United States Should Adopt The Convention On Civil Liability, Jaclyn A. Zimmermann
Inadequacies Of The Oil Pollution Act Of 1990: Why The United States Should Adopt The Convention On Civil Liability, Jaclyn A. Zimmermann
Fordham International Law Journal
This Note addresses the United States' enactment of the Oil Pollution Act as an alternative to the Convention of Civil Liability. Part I describes the history of maritime transport and the development of oil spill liability regulations. Part I also discusses major oil spills and different approaches to assessing liability for clean-up. Part II shifts the focus to OPA and the CLC commentators' reactions to these legislative schemes. Part II explores critics' positions on the effectiveness of OPA and the CLC in handling spill liability. Part III concludes that oil spills are an international problem. Part III advocates that the …
The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner
The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner
Fordham International Law Journal
Most economists agree that the net effect of the deregulation movement in the United States has been to increase efficiency, with resulting increases in consumer welfare. Because deregulation contemplates the substitution of competition for regulation as the “regulator” of the deregulated markets, deregulation increases the importance of antitrust law as a means of preventing unregulated firms from eliminating competition among themselves by mergers or price-fixing agreements. This is a particularly important point to remind Europeans, in view of the fact that historically antitrust has played a smaller role in European than U.S. law. It is important that ‘competition‘ be understood …
Models Of Securities Regulation In The United States, Arthur B. Laby
Models Of Securities Regulation In The United States, Arthur B. Laby
Fordham International Law Journal
Parts I and II discuss the regulation of advisers and brokers in the United States through first a historical and then a functional prism. Part III illustrates these two approaches by looking at one particular rule regulating investment advisers — the performance fee rule — which challenges the assumptions I am making about the regulation of advisers and brokers. Part IV discusses recent regulatory initiatives at the SEC in light of these two approaches.
Project Finance, Public Utilities, And Public Concerns: A Practitioner's Perspective, Nagla Nassar
Project Finance, Public Utilities, And Public Concerns: A Practitioner's Perspective, Nagla Nassar
Fordham International Law Journal
Because of the lack of competition regulation, certain contract provisions attempt to substitute for such vacuum. In an era when private ownership of infrastructure projects is gaining grounds, the need for elaborated competition regulation is more pressing than ever. Private ownership does not necessarily mean personal funding. The more common mode of funding involves a syndicate of banks, which brings a third competing interest to this type of transactions, rendering the need for competition law an essentiality to avoid confusion. The involved interests, while diversified, are not always conflicting. For instance, the continuity of public service is a major concern …
Interconnection And Network Access, Gunter Knieps
Interconnection And Network Access, Gunter Knieps
Fordham International Law Journal
The purpose of this Essay is to focus on the role of market power where interconnection and network access problems are involved. The Essay is organized by parts. Part I sketches the European Union history with respect to open network provision (“ONP”) policy. In Part II, the market-share concept of market power applied within Council Directive 97/33, European Community on Interconnection in Telecommunications of June 30, 1997 (“Interconnection Directive”) is criticized as an important source for an oversized regulatory basis. Instead, the criteria for an economically justified disaggregated regulatory framework for the ONP concept is pointed out in order to …
Competition Law And Regulation Law From An Ec Perspective, John Temple Lang
Competition Law And Regulation Law From An Ec Perspective, John Temple Lang
Fordham International Law Journal
These comments look at the subject from a legal viewpoint, in contrast to the Essay by Professor Dr. Günter Knieps, which uses an economic approach. His Essay raises several issues concerning access: (1) who should be obliged to give it; (2) to whom; (3) in what circumstances; and (4) on what terms? In practice, the precise answers will depend on whether European Community (“Community” or “EC”) competition law, national competition law, or national telecommunications law based on Community directives, are being applied. As far as possible, the same answer should be given in all cases.
More Competition Through Deregulation: The German Tv Market, Ulrich Koch
More Competition Through Deregulation: The German Tv Market, Ulrich Koch
Fordham International Law Journal
This article introduces the market structure of German television (“TV”). The approach two-fold. First, this article discusses who Bertelsmann is, how we are engaged in the TV business, and how we consider ourselves. Second, this article shows how Bertelsmann is engaged in the TV business throughout Europe. Last afterwards, this article presents some statements with respect to the market structure in the German TV market, which is a strange market from the competition point of view.
From World Trade Law To World Competition Law, Freidl Weiss
From World Trade Law To World Competition Law, Freidl Weiss
Fordham International Law Journal
The WTO has become the chosen forum for various trade-related additional policies and provisions such as Trade Related Environmental Measures (‘TREMS‘), TRIMS, TRIPS, and possibly in the future, competition and investment rules. The TRIPS, as is well known, owes its existence to trade-offs with DCs, which have still not been fully implemented. Future additional policies, if controversial, would need to be justified separately on economic grounds, or risk failure. Detailed multilateral competition rules will undoubtedly be adopted one day. I believe, however, that the time is not yet ripe for a comprehensive agreement, except perhaps on the most abstract of …
Balancing The Need For Repatriation Of Illegally Removed Cultural Property With The Interests Of Bona Fide Purchasers: Applying The Unidroit Convention To The Case Of The Gold Phiale, Ian M. Goldrich
Fordham International Law Journal
This Comment explores the various legal methods designed to protect cultural property and to prevent its illegal removal. Part I examines both international and U.S. efforts to prevent illegal removals of cultural property. This Part briefly outlines the history of cultural property protection, focusing upon the first international agreements to contain cultural property protections and their failure during World Wars I and II. Part I also explores post-World War II international efforts to protect cultural property during both peacetime and war. Finally, Part I analyzes U.S. efforts to prevent the importation of illegally removed cultural property through the application of …
Never Again?, Sven Alkalaj
Never Again?, Sven Alkalaj
Fordham International Law Journal
This article argues that the international community must learn from the genocide in Bosnia and Herzegovina in order to prevent history from repeating itself. It highlights that firm action must be taken to punish the perpetrators of genocide as soon as it is discovered and urges the establishment of a permanent international criminal court. Next it exposes the weaknesses of the ICTY in its inability to apprehend those that were indicted. Finally, it recommends measures that individual nations should implement at a domestic level.
International Human Rights And Standards, Jeremy Greenstock
International Human Rights And Standards, Jeremy Greenstock
Fordham International Law Journal
Major undertakings are necessary to translate international human rights from paper to reality. The International Criminal Court is a momentous step towards ratifying the near-universal standards regarding basic human rights during wartime, but the Court—reactive as it is—will not alone suffice. Proactive conflict prevention, through financial assistance and political pressure, is necessary to truly protect civilians from the impact of war. Still, some people may remain in danger. In these cases, the widespread negative impact of serious government human-rights violations, such as genocide, militates against non-intervention.
The Work Of Re-Membering: After Genocide And Mass Atrocity, Martha Minow
The Work Of Re-Membering: After Genocide And Mass Atrocity, Martha Minow
Fordham International Law Journal
First, this article explores the role of international criminal trails and truth commissions in resisting narratives of collective guilt and producing a different sort of collective memory, helping the society-and the watching world-not merely recall but also re-member, that is, to reconstitute a community of humanity against which there can be crimes (hence, "crimes against humanity"), and within which victims and survivors can be reclaimed as worthy members. Second, this article explores the role of nongovernmental organizations in building towards a politics of inclusion. Finally, this article explores the experience of survivors of mass atrocity reconciling memory with living.
The Role Of The Icty In The Development Of International Criminal Adjudication, Ivan Simonovic
The Role Of The Icty In The Development Of International Criminal Adjudication, Ivan Simonovic
Fordham International Law Journal
This Essay examines the specific conditions and motives that led to the establishment of the International Criminal Tribunal for the Former Yugoslavia (‘Tribunal‘ or ‘ICTY‘), its features as both a legal and a political institution, and the role of the ICTY in the development of international criminal adjudication. First, this article discusses the establishment of the ICTY. Second, this article discusses the role of the ICTY as a political and legal institution. Third, this article explores the role of the ICTY in the development of international criminal adjudication. Finally, this article evaluates the results of the ICTY to date.
Regina V. Bartle And The Commissioner Of Police For The Metropolis And Others Ex Parte Pinochet: Universal Jurisdiction And Sovereign Immunity For Jus Cogens Violations, Jodi Horowitz
Fordham International Law Journal
This Comment analyzes the recent House of Lords decision that did not recognize that universal jurisdiction existed over jus cogens crimes before the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention against Torture” or “Convention”) came into effect, and therefore did not consider Senator Pinochet's acts of torture committed prior to the existence of the Convention. Part I discusses the atrocities committed in Chile, and examines the legal doctrines applicable to prosecuting Senator Pinochet. In this light, Part I discusses the development of universal jurisdiction and its applicability to human rights violations. Part I also …
Looking Back . . . And Ahead, Hugo Paemen
Looking Back . . . And Ahead, Hugo Paemen
Fordham International Law Journal
It seems that any projection of Europe's future today must pass through the prism of its multi-faceted relationship with the United States. To some Europeans, this thought is obnoxious. The role of the United States as the sole world power, however, makes this concept even more ineludible. How should it be done? And how can the United States help, once more? These are some of the thoughts that occasionally crop up in the back of the mind of someone dealing with the day-to-day vicissitudes of European Union (‘EU‘) and U.S. relations.
Terminal Dues Under The Upu Convention And The Gats: An Overview Of The Rules And Of Their Compatibility, Alessandra Perrazzelli, Paolo R. Vergano
Terminal Dues Under The Upu Convention And The Gats: An Overview Of The Rules And Of Their Compatibility, Alessandra Perrazzelli, Paolo R. Vergano
Fordham International Law Journal
Technical issues pertaining to re-mailing and terminal dues are not within the scope of this analysis. Similarly, no reference will be made to otherwise crucial aspects of the EC's competition law arising from REIMS II and the matters that are currently being litigated in the European Court of Justice. Our attention will focus on a potential conflict that has only recently been considered. This issue of legal compatibility relates to the necessity that terminal dues be measured against the fundamental “Most-Favored-Nation” (“MFN”) principle of the World Trade Organization (“WTO”) as provided by the General Agreement on Trade in Services (“GATS”).
State, Sovereignty, And Taiwan, Y. Frank Chiang
State, Sovereignty, And Taiwan, Y. Frank Chiang
Fordham International Law Journal
Two separate statements made by the high officials of the two Chinese governments in 1999 call into question the sovereignty of Taiwan. These two statements relate to the sovereignty of Taiwan. The first raises the question whether Taiwan is a sovereign state. The second statement raises the question whether China has sovereignty over Taiwan. This Article concludes that although Taiwan is a civil society, it is not a state, and offers a solution in the form of a referendum by the people in Taiwan with an international guarantee of its result. The article suggests that the U.S. and other governments …
Modernization Of Ec Competition Law, Ian Forrester
Modernization Of Ec Competition Law, Ian Forrester
Fordham International Law Journal
Before discussing the future reforms, I shall recall the curious features of the current competition law regime that is likely to last for a year or two longer. I shall then consider the implications of the proposed enforcement reform and the difficulties of predicting how it will work. Then I will turn to the apparent radicalism but concealed caution of the proposed new rules on vertical restraints and whether the proposed new powers of investigation for the Commission of the European Communities (or ‘Commission‘) are compatible with the Convention for the Protection of Human Rights and Fundamental Freedoms (“Human Rights …
Israel, Palestine, And The Olso Accords, Jillallison Weiner
Israel, Palestine, And The Olso Accords, Jillallison Weiner
Fordham International Law Journal
This Comment addresses the Middle East peace process, focusing upon the relationship between Israel and Palestine. Part I discusses the background of the land that today comprises the State of Israel and its territories. This Part summarizes the various accords and peace treaties signed by Israel, the Palestinians, and the other surrounding Arab Nations. Part II reviews commentary regarding peace in the Middle East by those who believe Israel needs to surrender more land and by those who feel that Palestine already has received too much. Part II examines the conflict over the permanent status negotiations, such as the status …
One Country, Two Legal Systems?, Joseph R. Crowley Program
One Country, Two Legal Systems?, Joseph R. Crowley Program
Fordham International Law Journal
From May 31 to June 13, 1999, the Joseph R. Crowley Program in International Human Rights (or “delegation”) conducted a mission in Hong Kong in conjunction with the Committee on International Human Rights of the Association of the Bar of the City of New York (‘Association‘ or ‘ABCNY ‘). The purpose of the mission was to examine the status of the rule of law in Hong Kong two years after the transition from British to Chinese rule. This Special Report documents the delegation's investigation, summarizes its findings, and sets forth its conclusions and recommendations. Part I considers the rule of …
Genocide, War Crimes, Crimes Against Humanity, Mary Robinson
Genocide, War Crimes, Crimes Against Humanity, Mary Robinson
Fordham International Law Journal
This article examines such violations of international human rights as genocide, war crimes, and crimes against humanity. In Part I, the author explores the nature and uniqueness of these crimes. In Part II, the author suggests possible courses of action the international community can take and improvements that can be made in response. Finally, Part III analyzes methods of preventing such crimes from occurring.
From Nuremberg To Rome And Beyond: The Fight Against Genocide, War Crimes, And Crimes Against Humanity, Dieter Kastrup
From Nuremberg To Rome And Beyond: The Fight Against Genocide, War Crimes, And Crimes Against Humanity, Dieter Kastrup
Fordham International Law Journal
More than 200 years ago in his work "Perpetual Peace,"' Immanuel Kant called for peace and human rights to be protected under international law. Ever since, the United Nations, which was founded in 1945 as part of the worldwide fight against tyranny and heinous crimes, has been considering the idea of setting up a permanent International Criminal Court (or "Court"). Already in 1948, the Convention on the Prevention and Punishment of the Crime of Genocide of December 9, 1948 ("Convention") demanded the creation of an international tribunal. In 1993 and 1994, the Security Council of the United Nations established the …
The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel
The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel
Fordham International Law Journal
The United States was one of only seven nations to vote against the treaty. The ensuing debate within the United States has properly focused on whether the United States can and should ratify the treaty or, if not, whether as a non-party the United States should support or oppose the new court. Largely overlooked, however, are two separate but related questions: (1) should the existing, incomplete jurisdiction of U.S. courts over crimes within the ICC Statute be expanded to ensure that such crimes may also be prosecuted in U.S. courts, under universal jurisdiction or other bases allowed by international law?; …
The Future Of Genocide: A Spectacle For The New Millenium?, David M. Smolin
The Future Of Genocide: A Spectacle For The New Millenium?, David M. Smolin
Fordham International Law Journal
The lines between bearing witness and producing entertainment, between genuine outrage and self-righteous apathy can be initially difficult to discern. Such differences lie in the difficult areas of ethics, religion, and the hidden recesses of the human heart. Nonetheless, over thousands of years various world religions have sought to come to terms with the deepest questions pertaining to intention, action, and ethics, and particularly with the manner in which human beings are trained in ways of life or death. This Essay shall include some specifically Christian theological perspectives on the dilemmas that draw us toward the specter of genocide as …
Atrocities, Deterrence, And The Limits Of International Justice, David Wippman
Atrocities, Deterrence, And The Limits Of International Justice, David Wippman
Fordham International Law Journal
Unfortunately, the connection between international prosecutions and the actual deterrence of future atrocities is at best a plausible but largely untested assumption. Actual experience with efforts at deterrence is not encouraging. Before placing too much reliance on deterrence as a basis for supporting international criminal prosecutions, especially over possible alternatives such as truth and reconciliation commissions, we ought at least to consider carefully the obstacles to achieving effective deterrence.
Nato's Actions To Uphold Human Rights And Democratic Values In Kosovo: A Test Case For A New Alliance, Sergio Balanzino
Nato's Actions To Uphold Human Rights And Democratic Values In Kosovo: A Test Case For A New Alliance, Sergio Balanzino
Fordham International Law Journal
On NATO's fiftieth anniversary, we were faced with an unexpected choice: we had to decide whether the notion of common values is only rhetorical flourish or whether it carries real meaning. We made our choice. We decided that values do not only have to be preached, but also upheld. The essay will recount the events leading up to the deteriorating situation in Kosovo and outline the reasons for NATO's decision to take action. Next it will evaluate NATO's success in light of its humanitarian and military goals. Finally it will examine the challenges facing Kosovo and NATO in the future.