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Articles 16111 - 16140 of 16630
Full-Text Articles in Entire DC Network
2000-2001 Graduate Bulletin, Rochester Institute Of Technology
2000-2001 Graduate Bulletin, Rochester Institute Of Technology
RIT Digital Archives
No abstract provided.
Rit Financial Applications Jan 2000, Sponsored Programs Accounting
Rit Financial Applications Jan 2000, Sponsored Programs Accounting
RIT Digital Archives
This newsletter is published four times a year and will include regular features, process changes, sponsoring agency announcements, a calendar of upcoming events, and personal introductions to SPA staff.
Evaluating A Change To Seminar-Style Teaching, Kirsten Anker, Catherine Dauvergne, Mark Findlay, Jenni Millbank
Evaluating A Change To Seminar-Style Teaching, Kirsten Anker, Catherine Dauvergne, Mark Findlay, Jenni Millbank
Research Collection Yong Pung How School Of Law
While the use of small to medium-sized seminar-style groups has long been a feature of some Australian law faculties, such as the University of New South Wales, it is a recent innovation in others, including the University of Western Australia and the University of Adelaide. In March 1996 the Faculty of Law at the University of Sydney made a decision to move from a traditional lecture and tutorial structure to seminar-style classes of limited size. This article discusses the reasons for the move away from a traditional lecture/ tutorial format to an interactive seminar-style model of teaching. The paper explains …
The Singapore Legal System – History, Theory And Practice, Andrew B.L. Phang
The Singapore Legal System – History, Theory And Practice, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Law is central to order and stability and, without order and stability, societal as well as economic viability (let alone progress) are impossible The alternative is 'rule of man', and all the dangers of fallibility and (consequently) despotism that that entails. One central difficulty has, of course, been the maintenance of the argument that law is consonant with objective truth for if the law does not in fact possess this quality, then the 'rule of law' turns out to be the 'rule of man' after all. However, it is difficult, on rational grounds at least, to reject the concept of …
Contract Law At Century's End: Some Personal Reflections, Andrew B.L. Phang
Contract Law At Century's End: Some Personal Reflections, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
As we approach the end of the second millennium, the common law of contract-transplanted via colonialism into many lands and climes-has indeed flourished. It has certainly developed apace in the land of its origin, England, but has also evolved in distinct directions elsewhere, particularly in Australia and New Zealand.2 But this development is simply part of a continuous process and a great many interesting issues remain to be considered at the commencement of the next millennium and beyond. This is due, in part, to the very diversity that has been briefly alluded to. However, even on a more general level, …
Some Remarks On Fair Exchange Protocol, Jianying Zhou, Robert H. Deng, Feng Bao
Some Remarks On Fair Exchange Protocol, Jianying Zhou, Robert H. Deng, Feng Bao
Research Collection School Of Computing and Information Systems
Fair exchange turns out to be an increasingly important topic due to the rapid growth of electronic commerce. An exchange is deemed to be fair if at the end of exchange, either each party receives the expected item or neither party receives any useful information about the other’s item. Several protocols for fair exchange have been proposed in recent years. In this paper, we first examine a newly published fair exchange protocol and point out its flaws and weaknesses. We then put forward a more efficient and secure protocol and give an informal analysis.
The Wto, Looking Ahead, Mike Moore
The Wto, Looking Ahead, Mike Moore
Fordham International Law Journal
In this Essay, I would like to focus simply on some key points which I believe are central to the WTO's present, and also to its future. This Essay begins by discussing the importance of the rule of law to the WTOs work. Part II talks about changes that have come with an expanding membership. Part III concludes with a review of recent events and an optimistic outlook for the WTO.
Concluding The Uruguay Round---Creating The New Architecture Of Trade For The Global Economy, Peter D. Sutherland
Concluding The Uruguay Round---Creating The New Architecture Of Trade For The Global Economy, Peter D. Sutherland
Fordham International Law Journal
This Essay is an attempt to go back to some of the principles and factors which lay behind the launching of the Uruguay Round and the package which resulted, to look at some of the current unease about the WTO, and to see where the institution may need to go to reassert its role to command fully public and political confidence once again.
The Wto From The Perspective Of A Developing Country, Ambassador Celso L.N. Amorim
The Wto From The Perspective Of A Developing Country, Ambassador Celso L.N. Amorim
Fordham International Law Journal
This Essay starts by laying out the shortcomings of the WTO. In Part II it lays out the issues at stake in the Seattle Conference. Part III is about the effects of the "Seattle fiasco." Part IV gives the author's views on what a development round should be. Part V asserts that the WTO should promote fair labor standards. Finally, Part VI discusses the prospects for the WTO to address concerns of developing nations.
Opening The Wto To Nongovernmental Interests , Steve Charnovitz
Opening The Wto To Nongovernmental Interests , Steve Charnovitz
Fordham International Law Journal
This Essay examines the debate over how the WTO and the public interact. Since the mass public is cacophonous, the debate centers on what role NGOs should play in the WTO. NGOs are voluntary organizations of individuals who come together to achieve common purposes. As used here, NGOs include business and labor groups. This Essay contains five parts. Part I provides background for readers just joining the debate. Part II gives an overview of the major developments over the past three years (1998-2000). Parts III and IV offer a synthesis of the key issues. Part III presents the Statist perspective …
Europe's Evolving Regulatory Strategy For Gmos --- The Issue Of Consistncy With Wto Law: Of Kine And Brine, Robert Howse, Petros C. Mavroidis
Europe's Evolving Regulatory Strategy For Gmos --- The Issue Of Consistncy With Wto Law: Of Kine And Brine, Robert Howse, Petros C. Mavroidis
Fordham International Law Journal
This Essay deals with one question: If challenged, how would regulatory restrictions on genetically modified organisms ("GMOs") be judged by a World Trade Organization ("WTO") adjudicating body. Many of the controversies about the effect of WTO law on domestic regulation have been influenced by the view that the law as it stands may well impede the ability of governments to regulate new and uncertain risks to health and the environment. The result in the Beef Hormones case is often cited for this proposition. In this Essay we aim to show that, contrary to an increasingly widespread popular perception, if WTO …
The Wto: A Train Wreck In Progress?, Willam A. Lovett
The Wto: A Train Wreck In Progress?, Willam A. Lovett
Fordham International Law Journal
This article argues that the WTO entrenches an asymmetrical, non-reciprocal trading system that benefits multi-national corporations especially, at the expense of industrial workers, farmers, and a wide range of business enterprises. It argues that the WTO doesn't deserve to survive in its present, unbalanced, and unsustainable form, and that it is doubtful that its voting regime, accumulated asymmetries, and overall rigidity can be overhauled. The author posits that bilateral and regional trade bargaining will become increasingly important and that world market forces are likely to bypass, and perhaps overwhelm, the WTO.
The Wto As A Legal System, David Palmeter
The Wto As A Legal System, David Palmeter
Fordham International Law Journal
Part I describes Hart's view of the primary and secondary rules that are necessary for the existence of a modern legal system. Part II examines his view of international law, as resembling a primitive legal system. Part III evaluates the GATT legal system according to Hart's criteria for a modern legal system, while Part IV will do the same for the World Trade Organization (“WTO”). Part V will conclude with an evaluation of the WTO legal system.
Protection Of Public Health And The Role Of The Precautionary Principle Under Wto Law: A Trojan Horse Before Geneva's Walls?, Dr. Hans-Joachim Priess, Dr. Christian Pitschas
Protection Of Public Health And The Role Of The Precautionary Principle Under Wto Law: A Trojan Horse Before Geneva's Walls?, Dr. Hans-Joachim Priess, Dr. Christian Pitschas
Fordham International Law Journal
This article discusses the different understandings of the meaning of the precautionary principle as a means to cope with public health risks. The article reviews the position of the Treaty Establishing the European Community (“EC”) on this principle to assess whether, and to what extent, the EC’s position conforms to the limits imposed by World Trade Organization (“WTO”) law. I will examine whether the precautionary principle, as interpreted by the EC, is reconcilable with the WTO agreements and forms part of WTO law. As it stands now, other WTO members are well advised to take a cautious stance on the …
Trade Liberalization And Dangerous Political Games, Jorge B. Riaboi
Trade Liberalization And Dangerous Political Games, Jorge B. Riaboi
Fordham International Law Journal
I will start this Essay by saying that it is fundamentally misleading to assume that the disagreement over the shape and content of the agenda for the World Trade Organization's (“WTO”) negotiations that broke-up the Seattle's Conference is either the only or the real stumbling block to maintain the pace of trade liberalization. It also is misleading to assume that the present business as usual look that has prevailed since February 2000 in Geneva, means that the substantive problems are over and that everything is just fine. In my view, we face other kinds of conflicts. The first is the …
International Trade As A Vector In Domestic Regulatory Reform: Discrimination, Cost-Benefit Analysis, And Negotiations, Joel P. Trachtman
International Trade As A Vector In Domestic Regulatory Reform: Discrimination, Cost-Benefit Analysis, And Negotiations, Joel P. Trachtman
Fordham International Law Journal
This brief Essay summarizes, updates, and integrates work I have done elsewhere in order to suggest, first, why cost-benefit analysis is not used in dispute settlement, second, how to evaluate substitute formulae that are available for use within dispute settlement, and finally, how dispute settlement and treaty-making relate to one another in this field. This Essay considers the role of international discipline by dispute resolution bodies, in comparison to multilateral treaty-making or other legislation. Treaty-making or other legislation may take the form of harmonization to one degree or another, or importantly, may take the form of agreed rules of prescriptive …
Opportunities In The Wto For Increased Liberalization Of Goods: Making Sure The Rules Work For All And That Special Needs Are Addressed, Terrence P. Stewart, Patrick J. Mcdonough, Marta M. Prado
Opportunities In The Wto For Increased Liberalization Of Goods: Making Sure The Rules Work For All And That Special Needs Are Addressed, Terrence P. Stewart, Patrick J. Mcdonough, Marta M. Prado
Fordham International Law Journal
Different governments focus on different parts of the existing World Trade Organization rules as posing opportunities for their producers to expand trade if the rules were relaxed or eliminated. While this may be understandable, it is the premise of this Essay that such an approach, if pursued, would result in slower trade liberalization, not increased liberalization, as those segments of industry perceiving that the existing equilibrium is not to their advantage are given no options other than to oppose further liberalization. When, as in agriculture, domestic politics can threaten the survival of governments, liberalization without strong rules can only be …
Compensating Victims Of Aviation Disasters: Establishing Uniform And Equitable Remedies For Accidents Over Water, Melissa Pucciarelli
Compensating Victims Of Aviation Disasters: Establishing Uniform And Equitable Remedies For Accidents Over Water, Melissa Pucciarelli
Fordham International Law Journal
This Comment tracks the development U.S. law, and international law, as it pertains to aviation crashes off the coast of the United States. Part I of this Comment details the vehicles for providing relief to the families of victims killed in aviation disasters. U.S. federal statutes, international agreements, maritime common law, and U.S. state law, depending on the circumstances, now may apply to actions for the recovery of damages for wrongful death. Part II discusses the recent initiatives proposed by the U.S. Senate and the U.S. House of Representatives to provide equitable treatment to the families of disaster victims. This …
The Julietta Gold Mining Project: Lessons For Project Finance In The Emerging Markets, Ian R. Coles
The Julietta Gold Mining Project: Lessons For Project Finance In The Emerging Markets, Ian R. Coles
Fordham International Law Journal
This essay discusses the Julietta gold mining project and the categories of risk that investors and lenders look at when assessing the suitability of a project. The financing of projects on a limited recourse basis in the emerging markets is a subject that has received much attention over the course of the last several years. This has been particularly the case with respect to mining projects where declining commodity prices worldwide have led to the need for mining companies to access minerals in countries where the costs of extraction are lower than in the developed markets. The recent decline in …
International Project Finance And Arbitration With Public Sector Entities: When Is Arbitrability A Fiction?, Mark Kantor
International Project Finance And Arbitration With Public Sector Entities: When Is Arbitrability A Fiction?, Mark Kantor
Fordham International Law Journal
This article reviews the events surrounding two prominent arbitration decisions related to two Indonesia geothermal power projects sponsored by CalEnergy Company, Inc. ("CalEnergy"), known as the Patuha and Himpurna projects, and a Pakistani power project developed by the Hub Power Company, Ltd. ("HubCo"). The aggressive involvement of local courts in the CalEnergy and HubCo proceedings does not reassure investors relying on the perceived neutrality of international arbitral institutions to mitigate the risk of uncertain justice in unstable countries. The author asks: Are problems between State entities in troubled developing countries and international project sponsors simply not arbitrable as a practical …
Renegotiating International Project Agreements, Jeswald W. Salacuse
Renegotiating International Project Agreements, Jeswald W. Salacuse
Fordham International Law Journal
The Essay examines the phenomenon of renegotiation of international project agreements, explores its nature and causes, and offers useful advice on how best to conduct the renegotiation process.
Privatizing Water Systems: A Primer, Robert Vitale
Privatizing Water Systems: A Primer, Robert Vitale
Fordham International Law Journal
This Essay will discuss the reasons behind the trend of privatizing water systems, explain the basic concepts involved in privatizing water systems, and assess the benefits and challenges of privatization. The private sector has long played an active role in helping governments design, finance, construct, operate, and maintain potable and waste water systems. The 1990s, however, were witness to a dramatic rise in the use of the private sector to supplant--and not merely supplement--the public sector in the water area.
Rich And Rare Are The Gems They War: Holding De Beers Accountable For Trading Conflict Diamonds, Lucinda Saunders
Rich And Rare Are The Gems They War: Holding De Beers Accountable For Trading Conflict Diamonds, Lucinda Saunders
Fordham International Law Journal
This Note focuses on the accountability of corporations for indirectly fueling civil wars by purchasing diamonds from insurgent groups. While many corporations are involved in the diamond industry, De Beers controls a majority of the uncut diamond market, including mining, buying, and selling uncut diamonds. Therefore, this Note will analyze whether De Beers may be held liable for knowingly funding war criminals under the Alien Tort Claims Act ("ATCA"). Part I of this Note examines the trade in conflict diamonds in Angola and Sierra Leone and De Beers's involvement in this trade. Part II examines case law developments under the …
Interpreting International Trade Statutes: Is The Charming Betsy Sinking?, Jane A. Restani, Ira Bloom
Interpreting International Trade Statutes: Is The Charming Betsy Sinking?, Jane A. Restani, Ira Bloom
Fordham International Law Journal
This essay is about the North American Free Trade Agreement (“NAFTA”), the General Agreement on Tariffs and Trade (“GATT”), and the World Trade Organization (“WTO”). The United States has chosen to participate in NAFTA, GATT, and WTO by the President's signing international agreements. These agreements, however, have not been presented to the Senate for ratification as treaties, although, as some commentators have noted, they bear the characteristics of treaties. Rather, they are implemented by Congress enacting domestic implementing legislation as statutory law.
Berlin Diary: Jewish Legal History In Germany's Capital, Jeffery I. Roth
Berlin Diary: Jewish Legal History In Germany's Capital, Jeffery I. Roth
Fordham International Law Journal
This Essay chronicles the author’s activities in Berlin. It includes the contents of the seminar, detailed on a class-by-class basis, which he hopes may serve others as a useful outline for a Jewish legal history course. In addition, in our era of increasingly globalized legal education, some may find accounts of American law professors' visits abroad useful in their own right. The Essay also includes the author’s observations of a reunited but still divided city and its people. In the broader context, he offers the diary of his visit as a window into the process of German-Jewish rapprochement, a process …
The Modernization Of The Enforcement Of Articles 81 And 82 Ec: A Legal And Economic Analysis Of The Commission's Proposal For A New Council Regulation Replacing Regulation No. 17, Wouter P.J. Wils
Fordham International Law Journal
The purpose of this Essay is to analyze the proposed new regime for the enforcement of Articles 81 and 82 of the EC Treaty, compared with the current situation under Regulation No. 17, in the light of the four dimensions which have just been identified. The issue of timing of legal intervention is discussed first. Indeed, the most important aspect of the proposed reform is the abandonment of the current (pretence at) ex ante enforcement through prescreening and the move to a pure system of ex post enforcement through deterrence. The following section looks at the role of the competition …
Droits D'Urgence: Access Of Citizens To Legal Information In France, Jean-Luc Bédos
Droits D'Urgence: Access Of Citizens To Legal Information In France, Jean-Luc Bédos
Fordham International Law Journal
The purpose of this Article is to give a brief overview of citizen access to justice and legal information in France, both before and after the implementation of the reform. This Article will primarily focus on the work of non-governmental organizations in this field, especially the work of Droits d'Urgence, the NGO of which I am a founder and President. Droits d'Urgence deals primarily with access to legal information for the most marginalized sectors of the population. It is a humanitarian organization of legal professionals involved in the promotion of rights for those suffering from exclusion.
Preserving Indigenous Paradigms In An Age Of Globalization: Pragmatic Strategies For The Development Of Clinical Legal Aid In China, Michael William Dowdle
Preserving Indigenous Paradigms In An Age Of Globalization: Pragmatic Strategies For The Development Of Clinical Legal Aid In China, Michael William Dowdle
Fordham International Law Journal
This Essay uses the experiences of international efforts to promote clinical legal aid in China to explore one such unexpected consequence of globalization: international assistance's understandable focus on more familiar kinds of legal aid institutions and activities can unintentionally impede the development of indigenous legal aid practices and institutions that might ultimately be better suited for the particular domestic environment. Part I of this essay will discuss international efforts to promote clinical legal aid in China, Part II will discuss reductive strategies for promoting legal development and the problems they present, Part III will discuss pragmatic strategies for promoting legal …
Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers
Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers
Fordham International Law Journal
There are likely to be two effects on the provision and demand for legal aid. First, under Article 6 of the ECHR, there may be a requirement for free legal advice and representation for those whose civil rights are at issue in complex cases and who could not otherwise afford it. This may particularly affect representation before tribunals, which deal with matters for which no legal aid is currently available such as employment, welfare benefits, and immigration. Legal aid has already been promised for immigration and asylum tribunals. Second, there is likely to be a large amount of litigation in …
Welcoming Remarks--April 6, 2000, Michael A. Cooper
Welcoming Remarks--April 6, 2000, Michael A. Cooper
Fordham International Law Journal
The speaker welcomes the attendees, who come from fourteen different countries, and outlines five common characteristics that unite those present. First, there is a significant number of people in our societies who live below the poverty line and who routinely have their legal needs overlooked. Second, the attendees recognize that basic human needs are protected by legal rights, and legal assistance and access to justice are necessary to vindicate those rights. Third, the resources currently available to help the poor address their legal needs are woefully inadequate in almost all of the countries represented. Fourth, those meeting today share a …