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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.


The International Criminal Court: Issues Of Law And Political Will, Jelena Pejic Jan 1995

The International Criminal Court: Issues Of Law And Political Will, Jelena Pejic

Fordham International Law Journal

No abstract provided.


The Destruction Of Yugoslavia, Svetozar Stojanovic Jan 1995

The Destruction Of Yugoslavia, Svetozar Stojanovic

Fordham International Law Journal

If my statement about the first Yugoslavia being in many ways a non-synchronized and contradictory state is correct, what then can be said about the second Yugoslavia that endeavored, by keeping silent, to fill in the fatal fissure opened in Jasenovac and other places of annihilation of Serbs in the so-called Independent State of Croatia during the Second World War? For that reason, the former intermediator of the "international community" in Yugoslav conflicts, Lord Carrington, has repeatedly stated that with its new Constitution, Croatia rekindled the conflict with the Serbs.


Aron Broches, Selected Essays: World Bank, Icsid And Other Subjects Of Public And Private International Law, Victor Essien Jan 1995

Aron Broches, Selected Essays: World Bank, Icsid And Other Subjects Of Public And Private International Law, Victor Essien

Fordham International Law Journal

This book contains twenty-five essays and is divided into six parts: (1) the International Bank for Reconstruction and Development; (2) Registration of Treaties and International Agreements; (3) the International Center for the Settlement of Investment of Disputes; (4) International Commercial Arbitration; (5) Investment Disputes; and (6) a section devoted to miscellaneous topics.


The Destruction Of Yugoslavia, Svetozar Stojanovic Jan 1995

The Destruction Of Yugoslavia, Svetozar Stojanovic

Fordham International Law Journal

If my statement about the first Yugoslavia being in many ways a non-synchronized and contradictory state is correct, what then can be said about the second Yugoslavia that endeavored, by keeping silent, to fill in the fatal fissure opened in Jasenovac and other places of annihilation of Serbs in the so-called Independent State of Croatia during the Second World War? For that reason, the former intermediator of the "international community" in Yugoslav conflicts, Lord Carrington, has repeatedly stated that with its new Constitution, Croatia rekindled the conflict with the Serbs. The essay will begin by discussing discuss the paralization to …


The Notion Of Ancillary Restraints Under Ec Competition Law, F. Enrique González Díaz Jan 1995

The Notion Of Ancillary Restraints Under Ec Competition Law, F. Enrique González Díaz

Fordham International Law Journal

This Article examines the scope of the so-called ancillary restraints doctrine under European Community (“EC”) competition law and the legal consequences of its implementation in light of the administrative practice of the European Commission and the case-law of the European Court of Justice (“Court of Justice” or “Court”).


Straight Talk About A Complex Issue: The U.S. Standard Of Judicial Review Of Antidumping And Countervailing Duty Determinations: An Important Challenge For Nafta Panels, Stephen J. Powell, Elizabeth C. Seastrum Jan 1995

Straight Talk About A Complex Issue: The U.S. Standard Of Judicial Review Of Antidumping And Countervailing Duty Determinations: An Important Challenge For Nafta Panels, Stephen J. Powell, Elizabeth C. Seastrum

Fordham International Law Journal

One of the most important and controversial legal issues arising in connection with binational dispute settlement panels under the North American Free Trade Agreement (“NAFTA”) and its predecessor, the United States-Canada Free Trade Agreement (“CFTA”), has been the standard of judicial review that panels must apply to U.S. antidumping (“AD”) and countervailing duty (“CVD”) cases. This standard generated particular controversy in three cases involving substantial amounts of trade from Canada into the United States -- lumber, swine, and frozen pork. The United States contended that panels reviewing U.S. agencies' decisions in those cases incorrectly applied the standard of review by …


Partners Against Crime: Joint Prosecutions Of Israeli Organized Crime Figures By U.S. And Israeli Authorities, Abraham Abramovsky Jan 1995

Partners Against Crime: Joint Prosecutions Of Israeli Organized Crime Figures By U.S. And Israeli Authorities, Abraham Abramovsky

Fordham International Law Journal

This article discusses the criminal case of Israel v. Mizrahi and Reisch, which is the largest joint prosecution—between U.S. and Israeli law enforcement authorities—ever undertaken against Israeli organized crime figures for acts committed outside Israel’s borders.


The Quest For A Bosnian Constitution: Legal Aspects Of Constitutional Proposals Relating To Bosnia, Paul C. Szasz Jan 1995

The Quest For A Bosnian Constitution: Legal Aspects Of Constitutional Proposals Relating To Bosnia, Paul C. Szasz

Fordham International Law Journal

The analogue in international politics is the three-party conflict in Bosnia-Herzegovina, a quagmire in which first Europe and then the entire world have become stuck. The complexity of the problem reflects not only the intensity of the hatreds that have been fanned between the parties and must now be accounted for in any solution, but that two of the primary parties have immediate support in neighboring countries that also have their own bilateral problems to resolve; furthermore, each of these actors has, for historical or other motives, its own important patrons among the leading powers of the world.


How To Improve Compliance With European Community Legislation And The Judgments Of The European Court Of Justice, Rolf Wägenbaur Jan 1995

How To Improve Compliance With European Community Legislation And The Judgments Of The European Court Of Justice, Rolf Wägenbaur

Fordham International Law Journal

It is well known that Member States of the European Community (“EC”) do not always comply with Treaty provisions or with directly applicable secondary Community legislation. There are, however, legal remedies in the case of noncompliance of Treaty provisions or directly binding regulations. Citizens may bring claims against Member States in national courts or may lodge a complaint with the Commission. The situation is more complicated with claims based on directives because directives must be implemented by Member State legislation. Member States are responsible for adapting their existing legislation or establishing new legislation. Often, this is done late, long after …


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. This …


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 problems of …


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.


Vietnam: Potential Market And New Opportunities, Ngo Quang Xuan Jan 1995

Vietnam: Potential Market And New Opportunities, Ngo Quang Xuan

Fordham International Law Journal

During the past five years, Vietnam has achieved the best economic development in its independent history. Vietnam is also experiencing increased levels of foreign investment and export trade. Normalization of relations between the United States and Vietnam will create more favorable conditions for trade and investment between the two countries. In 1991, the Government of Vietnam approved the Strategy for Socio-Economic Stabilization and Development Until the Year 2000 ("Strategy"). The basic concept of the Strategy is to place human beings at the center of development and to promote the potentials of individuals, communities, and the whole nation. The strategy also …


Putting Mandatory Summary Jury Trial Back On The Docket: Recommendations On The Exercise Of Judicial Authority, Lucille M. Ponte Jan 1995

Putting Mandatory Summary Jury Trial Back On The Docket: Recommendations On The Exercise Of Judicial Authority, Lucille M. Ponte

Fordham Law Review

No abstract provided.


Section 12(2) Of The Securities Act: Does Old Legislation Matter?, Steve Thel Jan 1995

Section 12(2) Of The Securities Act: Does Old Legislation Matter?, Steve Thel

Fordham Law Review

No abstract provided.


Pay Equity: A Child Of The 80s Grows Up, Robert H. Cohen Jan 1995

Pay Equity: A Child Of The 80s Grows Up, Robert H. Cohen

Fordham Law Review

No abstract provided.


Non-Attorney Representation Jan 1995

Non-Attorney Representation

Fordham Law Review

No abstract provided.


Discovery Jan 1995

Discovery

Fordham Law Review

No abstract provided.


Dolan V. Tigard And The Rough Proportionality Test: Roughly Speaking, Why Isn't A Nexus Enough?, Christopher J. St. Jeanos Jan 1995

Dolan V. Tigard And The Rough Proportionality Test: Roughly Speaking, Why Isn't A Nexus Enough?, Christopher J. St. Jeanos

Fordham Law Review

No abstract provided.


Double, Double Toil And Trouble: Bank Regulatory Policy At Mid-Decade, Michael P. Malloy Jan 1995

Double, Double Toil And Trouble: Bank Regulatory Policy At Mid-Decade, Michael P. Malloy

Fordham Law Review

No abstract provided.


Leveling The Playing Field: The Need For Investor Protection For Bank Sales Of Loan Participations, Richard Y. Roberts, Randall W. Quinn Jan 1995

Leveling The Playing Field: The Need For Investor Protection For Bank Sales Of Loan Participations, Richard Y. Roberts, Randall W. Quinn

Fordham Law Review

No abstract provided.


Battered Woman Syndrome: A Tool For Batterers?, Melanie Frager Griffith Jan 1995

Battered Woman Syndrome: A Tool For Batterers?, Melanie Frager Griffith

Fordham Law Review

No abstract provided.


Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise Jan 1995

Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise

Fordham Law Review

No abstract provided.


The United States Department Of Justice Environmental Crimes Section: A Case Study Of Inter- And Intrabranch Conflict Over Congressional Oversight And The Exercise Of Prosecutorial Discretion, Theodora Galactos Jan 1995

The United States Department Of Justice Environmental Crimes Section: A Case Study Of Inter- And Intrabranch Conflict Over Congressional Oversight And The Exercise Of Prosecutorial Discretion, Theodora Galactos

Fordham Law Review

No abstract provided.


Rewards For Good Behavior: Influencing Prosecutorial Discretion And Conduct With Financial Incentives, Tracy L. Meares Jan 1995

Rewards For Good Behavior: Influencing Prosecutorial Discretion And Conduct With Financial Incentives, Tracy L. Meares

Fordham Law Review

No abstract provided.


Is A Ban On Plea Bargaining An Ethical Abuse Of Discretion? A Bronx County, New York Case Study, Roland Acevedo Jan 1995

Is A Ban On Plea Bargaining An Ethical Abuse Of Discretion? A Bronx County, New York Case Study, Roland Acevedo

Fordham Law Review

No abstract provided.


United States V. Gaudin: A Decision With Material Impact, Jeffrey Saks Jan 1995

United States V. Gaudin: A Decision With Material Impact, Jeffrey Saks

Fordham Law Review

No abstract provided.


Personal Data Security: Divergent Standards In The European Union And The United States, Amy Fleischmann Jan 1995

Personal Data Security: Divergent Standards In The European Union And The United States, Amy Fleischmann

Fordham International Law Journal

This Note argues that the U.S. Government should discontinue all attempts to establish EES as the de facto encryption standard in the United States because the economic disadvantages associated with widespread implementation of EES outweigh the advantages this advanced data security system provides. Part I discusses the EU's legislative efforts to ensure personal data security and analyzes the evolution of encryption technology in the United States. Part II examines the methods employed by the U.S. Government to establish EES as the de facto U.S. encryption standard. Part III argues that the U.S. Government should terminate its effort to establish EES …


Reconciliation: Applying Historical Lessons To Modern Conflicts, Lord David Owen Jan 1995

Reconciliation: Applying Historical Lessons To Modern Conflicts, Lord David Owen

Fordham International Law Journal

Some argue that the need for reconciliation to override justice particularly applies in civil wars. Within the ICFY, all draft peace settlements and countless bilateral and trilateral statements signed by the parties have included a condemnation of ethnic cleansing and a declaration that any documentation signed under duress is null and void. This author believes that demonstrating to the world again that there are international laws governing individual conduct during war will contribute to the process of reconciliation in the former Yugoslavia and send a wider message to the world as a whole. This piece will examine the reconciliation process …