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1997

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Air Transport And Ec Competition Law, Lars Gorton Jan 1997

Air Transport And Ec Competition Law, Lars Gorton

Fordham International Law Journal

This Essay is about air transport and EC competition Law. The air transport industry has, in many countries, developed as a mixture of public utility and commercial venture. With the deregulation of the airline market, the EC Commission has also, to an increasing extent, become involved in the competition aspects of the airline industry. Part I deals with the transportation industry. Part II discusses liberalization within the EC. Finally, Part III deals with competition rules.

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The Millenium Approaches: Rethinking Article 85 And The Problems And Challenges In The Design And Enforcement Of The Ec Competition Rules, Mario Siragusa Jan 1997

The Millenium Approaches: Rethinking Article 85 And The Problems And Challenges In The Design And Enforcement Of The Ec Competition Rules, Mario Siragusa

Fordham International Law Journal

This Essay contributes to the discussion of competition law reforms, both at the level of the European institutions and within the Member States of the European Union, by considering the scope for altering the economic evaluation performed in the context of Article 85 of the EC Treaty. The Essay first describes, and accounts for, the European Commission's current interpretation of Article 85. The Essay then presents a number of criticisms of that interpretation and assesses possible changes to the present system of European competition enforcement. Finally, examples are given from the case law of the Court of Justice and the …

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Trade And Competition In The Transatlantic Area, Hugo Paemen Jan 1997

Trade And Competition In The Transatlantic Area, Hugo Paemen

Fordham International Law Journal

This Essay looks at the interplay of market opening, competition, and regulation in the air transport, telecom, and financial services areas, which are particularly relevant to the transatlantic relationship between the U.S. and Europe.

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The Adequacy Standard Under Directive 95/46/Ec: Does U.S. Data Protection Meet This Standard?, Patrick J. Murray Jan 1997

The Adequacy Standard Under Directive 95/46/Ec: Does U.S. Data Protection Meet This Standard?, Patrick J. Murray

Fordham International Law Journal

This Comment addresses how the US protection of personal data will fare when judged against the adequacy standard of the Directive. Part I explains what data protection is and traces the development of data protection law in Europe and the United States. It then analyzes the current approaches to data protection in both the Community and the United States. Part II discusses different approaches to assessing adequacy. It proposes that the Article 29 Working Party presents the only clear explanation of how to assess when a third country ensures adequate protection of personal data. Part II then describes the Working …

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Developing Cross-Border Practice Rules: Challenges And Opportunities For Legal Education, Louis F. Del Duca, Vanessa P. Sciarra Jan 1997

Developing Cross-Border Practice Rules: Challenges And Opportunities For Legal Education, Louis F. Del Duca, Vanessa P. Sciarra

Fordham International Law Journal

This Essay first discusses differences in the process used by the European Community (“EC”) and North American Free Trade Agreement (“NAFTA”) in developing cross-border practice rules. This is followed by discussions of the developing NAFTA rules and resulting challenges and opportunities for legal education.

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The Transformative Potential Of A Secondary Market: Emerging Markets Debt Trading From 1983 To 1989, Ross P. Buckley Jan 1997

The Transformative Potential Of A Secondary Market: Emerging Markets Debt Trading From 1983 To 1989, Ross P. Buckley

Fordham International Law Journal

This Article chronicles the evolution of the secondary market in the debt of less developed countries, now known as Emerging Markets, in its first six years of development. The secondary market was important because it provided the debt for use in debt-equity swaps and debt buy-backs and facilitated portfolio adjustment by banks and other measures that helped to lessen the burdens of the crisis on creditors and debtors. The Article goes through the chronology of the development of the Emerging Markets, emphasizing the key events and factors contributing to its development and the evolving characteristics of the market.

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Media, Multimedia, And European Community Antitrust Law, John Temple Lang Jan 1997

Media, Multimedia, And European Community Antitrust Law, John Temple Lang

Fordham International Law Journal

This Article discusses the main European Community (“EC”) antitrust law issues that have arisen in the media industries or which are especially relevant to media. Part I discusses general principles and directives that influence multimedia law. Part II examines the relevant markets which relate to multimedia. Part III reviews evidence of dominance within multimedia. Part IV discusses the impact multimedia has had upon broadcasting sports events within the European Union (“EU”). Part IV also considers film catalogues and performing rights societies. Part V explores mergers within the media sector. Part VI discusses conditional access systems. Finally, the Article concludes that …

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Patients' Rights To Access Their Medical Records: An Argument For Uniform Recognition Of A Right Of Access In The United States And Australia, Hayley Rosenman Jan 1997

Patients' Rights To Access Their Medical Records: An Argument For Uniform Recognition Of A Right Of Access In The United States And Australia, Hayley Rosenman

Fordham International Law Journal

This Note addresses the issue of a patient's right to access her own medical records in the United States and Australia. Part I discusses the background of a right of patient access to medical records through case law in the United States. Part I gives a historical perspective on US and Australian legislation regarding access to medical records. Part II reviews commentary both for and against access in the United States and in Australia. Part II focuses on legal arguments from the recent decision concerning patient access to medical records by the Australian courts in Breen v. Williams. Further, …

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A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel S. Terry Jan 1997

A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel S. Terry

Fordham International Law Journal

This Article will focus on the agreement (“Agreement”) between the American Bar Association (“ABA”) and the French and Dutch Orders of the Brussels Bar (“Brussels Bars”). Section I of this Article provides an overview of the different models used, or approaches to, cross-border practice and places the Agreement in context. Section II chronicles the legislative history of the Agreement, noting the process by which it was developed. Section III contains the analysis of the Agreement, comparing it to other cross-border practice regulation. Section IV addresses the implementation of the Agreement. Finally, Section V offers a summary of the strengths and …

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Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett Jan 1997

Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett

Fordham International Law Journal

This Note analyzes Japan's and the Republic of Korea’s competing claims to Liancourt in light of traditional public international law, specifically the 1982 Convention and customary law found in past decisions by the International Court of Justice (“ICJ”) and arbitral bodies (collectively “international adjudicatory bodies”). Part I of this Note provides not only a brief historical overview on Japanese-Korean relations, but also a detailed review of relevant public international law. It outlines important provisions of the 1982 Convention, discusses widely-recognized means of territorial acquisition, and summarizes relevant decisions of international adjudicatory bodies. Part II examines each country's claim to Liancourt. …

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Foreign Investment Laws And Regulations Of The Democratic People's Republic Of Korea, Greyson Bryan, Scott Horton, Robin Radin Jan 1997

Foreign Investment Laws And Regulations Of The Democratic People's Republic Of Korea, Greyson Bryan, Scott Horton, Robin Radin

Fordham International Law Journal

Before presenting a detailed outline of the foreign investment laws and regulations of the DPRK, this Essay surveys the institutional environment in which these laws and regulations function. This Essay concludes with some specific remarks on the rules that pertain to investments in natural resources, including pledge law, and the possibility that foreign investors may be able to negotiate rules governing their investments that would differ from those described in this Essay.

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Recent Developments In Bulgarian Transport Privatization Policy, Wilhelm Kraus Jan 1997

Recent Developments In Bulgarian Transport Privatization Policy, Wilhelm Kraus

Fordham International Law Journal

Expanding Bulgaria’s political, economic, and cultural cooperation with the countries of Asia is a major priority of the Bulgarian government policy. Transport plays a key role in the implementation of this priority both by providing the necessary conditions for international transit traffic and by meeting the needs of the Bulgarian economy and population. Structural reform in transport to a great extent depends on a sustainable investment policy. At present, prevailing conditions are likely to attract investments, especially to the airports of Sofia and Bourgas. In recent years, the Bulgarian State Railways (“BDZh”) has lagged behind in its development in comparison …

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Investing In Russian Securities: Analysis Of Capital Market Development, Mikhail Ratinov Jan 1997

Investing In Russian Securities: Analysis Of Capital Market Development, Mikhail Ratinov

Fordham International Law Journal

Russia works hard to create a capitalistic system. Although only established in 1991, Russia's securities market has already attracted a large number of foreign investors. The American financier George Soros has already invested US $1 billion in the Russian economy. Although experts agree that its potential is enormous, the newborn Russian capital market contains a significant amount of risk. This Essay shows the basic features of the development of the Russian Securities Law, analyzes the present market conditions, and shares some ideas for the near future.

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China's Copyright System: Rising To The Spirit Of Trips Requires An Internal Focus And Wto Membership, Julia Cheng Jan 1997

China's Copyright System: Rising To The Spirit Of Trips Requires An Internal Focus And Wto Membership, Julia Cheng

Fordham International Law Journal

This Note examines the current state of China's intellectual property rights protection as it relates to copyright. Part I evaluates existing measures used in enforcing copyright protection in China, such as the General Agreement on Tariffs and Trade ("GATT"), the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPs"), and various U.S. trade sanctions. Part II describes major policies affecting China's copyright system and address the inherent factors underlying China's inability to enforce copyright protection, including a lack of cultural and economic incentives and difficulties in administrative enforcement. Part II then proceeds to discuss China's judicial system and education as …

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Resolution Of Trade Disputes By Chapter 19 Panels: A Long-Term Solution Or Interim Procedure Of Dubious Constitutionality, Gregory W. Carman Jan 1997

Resolution Of Trade Disputes By Chapter 19 Panels: A Long-Term Solution Or Interim Procedure Of Dubious Constitutionality, Gregory W. Carman

Fordham International Law Journal

Since World War II, international trade has expanded exponentially and the United States has had substantial incentives to negotiate trade agreements with a view toward lowering tariffs reciprocally. The United States has also benefited from entry into the North American Free Trade Agreement ("NAFTA") in 1992, the Canada-United States Free-Trade Agreement ("CFTA") in 1988, and the United States-Israel Free Trade Agreement in 1985. The Canadian goal had been to eliminate existing antidumping and countervailing duty rules [in the United States] and to negotiate a new set of laws modeled on competition law principles with a binational tribunal to enforce them. …

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Foreign Policy Interests Of Ukraine And Problems Of European Security, Anatoliy M. Zlenko Jan 1997

Foreign Policy Interests Of Ukraine And Problems Of European Security, Anatoliy M. Zlenko

Fordham International Law Journal

This Essay touches upon only the most sensitive problems of ensuring Ukraine's foreign policy and national security interests in the new geopolitical environment on the European continent. Obviously, the spectrum of issues related to the subject of this Essay is much more complex and has especially complex solutions. The European component of Ukraine's foreign policy, while extremely important, is not a substitute for Ukraine's other foreign and domestic policy measures regarding the strengthening of national security, the successful implementation of socio-economic reforms, and the building of a market oriented democratic model of national development.

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Advocating For An International Criminal Court, Kofi Annan Jan 1997

Advocating For An International Criminal Court, Kofi Annan

Fordham International Law Journal

This Opening Remark contains the text of Kofi Annan's speech to the International Bar Association. In the speech, Annan calls for the creation of an International Criminal Court and proposes that the Court is necessary for the full realization of the United Nations' goal of international justice.

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East Asian Capital Markets, Toyoo Gyohten Jan 1997

East Asian Capital Markets, Toyoo Gyohten

Fordham International Law Journal

Speech given at Session 1: The Global Capital Market: What's Next. Toyoo Gyohten discussed observations on the problems and future prospect of the Asian capital market. He describes the growth of the East Asian markets and measures to strengthen the systems.

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Globalization Of Capital Markets, Richard A. Grasso Jan 1997

Globalization Of Capital Markets, Richard A. Grasso

Fordham International Law Journal

Speech given at Session 1: The Global Capital Market: What's Next. Richard Grasso spoke about the exciting changes that are transforming the global capital markets, particularly as seen from the perspective of 11 Wall Street. He also gave a brief review of some statistics, from markets past and present to show how dramatic these changes have been.

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Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Richard A. Grasso Jan 1997

Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Richard A. Grasso

Fordham International Law Journal

No abstract provided.

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A View Of Energy From The Private Financial Sector, Irene King Jan 1997

A View Of Energy From The Private Financial Sector, Irene King

Fordham International Law Journal

Speech given at Session 3: Challenge Facing Resource Development. Ms. King focused on some of the uncertainties, changes, risks, and opportunities from the viewpoint of the private financial sector, again with regard to energy. She also highlighted some of the uncertainties in the specific sectors. And there are big differences between electricity and natural gas, on one hand, and oil, on the other.

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The United Nations And The Legal Community In Promotion Of Human Rights, Hans Corell Jan 1997

The United Nations And The Legal Community In Promotion Of Human Rights, Hans Corell

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. The idea of promoting and protecting human rights is much older than the United Nations. However, it is fair to say that the fact that this topic is now high on the agenda all over the world is due to the efforts made by the world organization.

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Progress And Challenges In International Criminal Justice, Louise Arbour Jan 1997

Progress And Challenges In International Criminal Justice, Louise Arbour

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. Louise Arbour discusses the differences between the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, the marriage between international law which principally governs state relationships and criminal law which governs personal conduct, and how this contributes to the development of international humanitarian law.

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Role Of Judges And Lawyers In Defending The Rule Of Law, Adama Dieng Jan 1997

Role Of Judges And Lawyers In Defending The Rule Of Law, Adama Dieng

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. Adama Dieng discusses the rule of law, the threats arrayed against independent judicial branches, and, finally, how to guard the protection of lawyers and the independence of the judiciary as a condition for a rule of law.

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The Effects Of Telecommunications On Business, Richard Susskind Jan 1997

The Effects Of Telecommunications On Business, Richard Susskind

Fordham International Law Journal

Speech given at Session 2: World Communication: Where is Technology Leading Us? In many ways it does not make much sense if, say, you are setting up a business to go to one source for your legal guidance, another source for your accounting guidance, and another source for your financial advice. It will all come together, and lawyers may indeed be the people who bring that together into multidisciplinary services, bringing together the information that people require in their real-world circumstances. We will no longer package or present our guidance in the traditional legal categories, but we will aim them …

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Energy Outlook And Consumption, Arthur Andersen Jan 1997

Energy Outlook And Consumption, Arthur Andersen

Fordham International Law Journal

Speech given at Session 3: Challenge Facing Resource Development. Mr. Andersen presented is a set of projections rooted in what we understand to be the current regimes of policy in the United States and elsewhere. Three key propositions inform considerations regarding long-term energy market developments: the prospect for energy demand growth is substantial and will be based on fossil fuels; growth will be centered in developing countries, particularly Asia, where living standards are rising; thanks to technological know-how, resource availability will not constrain energy supply development.

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Global Finance And Markets: What Is Next, Steven M.H. Wallman Jan 1997

Global Finance And Markets: What Is Next, Steven M.H. Wallman

Fordham International Law Journal

Speech given at Session 1: The Global Capital Market: What's Next. Mr. Wallman spoke about the issue of globalization and how it raises a series of questions as to the direction of our markets over the long term. In addition, he noted that we tend to separate securities issues from banking or other financial services issues too frequently. He also elaborated on the points made earlier about the convergence--both geographic and product-wise--of financial services.

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International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman Jan 1997

International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. Fali Nariman discusses the history of lawyers in the context of past fifty year history of international human rights.

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Access Rights: A Necessary Corollary To Custody Rights Under The Hague Convention On The Civil Aspects Of International Child Abduction, Priscilla Steward Jan 1997

Access Rights: A Necessary Corollary To Custody Rights Under The Hague Convention On The Civil Aspects Of International Child Abduction, Priscilla Steward

Fordham International Law Journal

This Note argues that the aspect of the Hague Abduction Convention addressing access rights is ineffective because it has forced some courts to misconstrue provisions of the Hague Abduction Convention in order to carry out the Convention's intent. This Note further argues that the burden of establishing the absence of a wrongful removal or retention should fall upon the parent who has removed the child. This Note also argues that the Hague Conference should amend the Convention to order a court to enforce previously ordered access rights in the child's new habitual residence. Part I provides an historical background on …

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Romania: Euro-Atlantic Integration And Economic Reform, Mircea Geoana Jan 1997

Romania: Euro-Atlantic Integration And Economic Reform, Mircea Geoana

Fordham International Law Journal

The importance of President Clinton's visit to Bucharest goes far beyond the symbolism represented by the first visit of an American president to a free and democratic Romania. "Euro-Atlantic integration" does not start when a country states its commitment to being a candidate for North Atlantic Treaty Organization ('NATO') or European Union ('EU') membership and does not end with the moment of accession. Among Central European nations, accession to NATO has enjoyed the greatest public support in Romania. Romania's integration into the European Union is the other foreign policy goal that, together with accession to NATO, is considered indispensable to …

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