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2001

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The Yugoslav Truth And Reconciliation Commission: A Shaky Start, Jelena Pejic Jan 2001

The Yugoslav Truth And Reconciliation Commission: A Shaky Start, Jelena Pejic

Fordham International Law Journal

The purpose of this Essay is to examine the establishment of the Yugoslav Truth and Reconciliation Commission and to draw some early conclusions on whether it will be capable of rendering the facts that I would so desperately like my uncle to face. The first part will deal with the need for a Truth and Reconciliation Commission, while the second part will outline and then comment on its basic documents. The assumption is that the reader is basically familiar with the work of similar commissions around the world and the text will therefore not attempt to repeat the literature on …

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Politics And Human Rights In International Criminal Law: Our Case Against Nato And The Lessons To Be Learned From It, Michael Mandel Jan 2001

Politics And Human Rights In International Criminal Law: Our Case Against Nato And The Lessons To Be Learned From It, Michael Mandel

Fordham International Law Journal

This article outlines the case against NATO as having committed war crimes that the author believes should have been tried before the ICTY. The author argues that by not subjecting countries like the United States and other NATO members to international criminal trials and consequences, it undermines international criminal law. The author concludes by discussing the ICC and the United States qualified signing of, and suggested withdrawal from, the treaty and the ramifications that it has for the legitimacy of international criminal law.

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Kosovo And The Limits Of International Law, David Wippman Jan 2001

Kosovo And The Limits Of International Law, David Wippman

Fordham International Law Journal

This article examines the legality and wisdom of the North Atlantic Treaty Organization (“NATO”) intervention in Kosovo in 1990. The Kosovo campaign pushed at the boundaries of international law in at least two important respects. First, NATO's decision to engage in large-scale military action without prior Security Council authorization raised significant doubts about the status of the law governing the use of force and the viability of United Nations (“U.N.”) primacy in matters of international peace and security. Second, NATO's high-altitude bombing campaign, conducted without a single NATO combat casualty but with significant civilian casualties within the FRY, called into …

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Putting The Brakes On The Global Trafficking Of Women For The Sex Trade: An Analysis Of Existing Regulatory Schemes To Stop The Flow Of Traffic, Katrin Corrigan Jan 2001

Putting The Brakes On The Global Trafficking Of Women For The Sex Trade: An Analysis Of Existing Regulatory Schemes To Stop The Flow Of Traffic, Katrin Corrigan

Fordham International Law Journal

This Note addresses international trafficking of women for the sex trade. Part I describes the existing laws that prohibit trafficking of women for the sex trade internationally, within the European Union ("EU"), and in the United States. Part I also explains how these laws can be used to combat global trafficking of women. Part II analyzes existing anti-trafficking laws in the relevant international treaties, the EU, and in the Unites States. Part II explores experts' opinions on the shortcomings of the existing laws for effective prevention of trafficking. Part III advocates that a comprehensive approach is necessary to eradicate international …

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The Global Schoolyard Bully: The Organisation For Economic Co-Operation And Development's Coercive Efforts To Control Tax Competition, Alexander Townsend, Jr. Jan 2001

The Global Schoolyard Bully: The Organisation For Economic Co-Operation And Development's Coercive Efforts To Control Tax Competition, Alexander Townsend, Jr.

Fordham International Law Journal

This Comment seeks to analyze the OECD's effort to curb tax competition. Section I of this Comment provides background information of the emergence of international taxation and the remedial measures historically enacted to address global fiscal issues, notably double taxation. This section will also outline the OECD's emergence and role in international taxation issues. Furthermore, this section will discuss globalization and its contribution to the growth of preferential tax regimes, thus facilitating the OECD's remedial effort. Section II analyzes the OECD's reports, "Harmful Tax Competition: An Emerging Global Issue" ("1998 Report") and "Towards Global Tax Co-operation: Progress in Identifying and …

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Current Apathy For Coming Anarchy: Building The Special Court For Sierra Leone, Nicole Fritz, Alison Smith Jan 2001

Current Apathy For Coming Anarchy: Building The Special Court For Sierra Leone, Nicole Fritz, Alison Smith

Fordham International Law Journal

Part I of this Article examines the chronology of the decade-long conflict in Sierra Leone. It provides an illuminating backdrop against which the Special Court may be assessed and highlights particular features that the institutional design of the Special Court would have to accommodate. Part II explores the precedents for the Special Court. Specifically, it considers the establishment of the International Criminal Tribunal for the Former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR"), and the impetus behind the International Criminal Court, developments that parallel in time the unfolding of Sierra Leone's conflict. Part III subjects particular features …

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Issues On Ethnicity And Governance In Nigeria: A Universal Human Rights Perspective, Ema I. Orji Jan 2001

Issues On Ethnicity And Governance In Nigeria: A Universal Human Rights Perspective, Ema I. Orji

Fordham International Law Journal

This Article focuses on the plight of the Igbo ethnic group of southeast Nigeria. It traces the historical and political evolution of Nigeria with emphasis on ethnic relations. In arguing that the Igbo are victims of fundamental human rights violations, references are made to relevant international human rights instruments, as well as to the various constitutional guarantees entrenched in various Nigerian constitutions. The marginalization of the Igbo is discussed, particularly with regard to disparities in national education programs. This Article also discusses the Igbo right to self-determination and the failure of the international community to intervene on behalf of the …

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Introduction- Twenty-Five Years Of The Fordham International Law Journal, Joseph C. Sweeney Jan 2001

Introduction- Twenty-Five Years Of The Fordham International Law Journal, Joseph C. Sweeney

Fordham International Law Journal

A review of the history of the Fordham ILJ. It is a partial reprint of an essay published in 20 FORDHAM INT'L L.J. 1 (1996). The essay attempts to briefly summarize the purpose of the ILJ and past volumes.

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The Preparatory Commission For The International Criminal Court, Philippe Kirsch, Valerie Oosterveld Jan 2001

The Preparatory Commission For The International Criminal Court, Philippe Kirsch, Valerie Oosterveld

Fordham International Law Journal

As it becomes increasingly clear that the International Criminal Court will be set up in the near future, it is important to reflect on the work of the Preparatory Commission for the International Criminal Court. When the Rome Statute was being negotiated, it became very clear that additional documents would be necessary in order to create a fully functioning ICC. At the time, eight such documents were identified and included in Resolution F of the Final Act of the Rome Diplomatic conference. As work on these documents nears completion, States have begun to consider the practicalities of setting up the …

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The Making Of The Basic Principles Of The Headquarters Agreement , Zsolt Hetesy Jan 2001

The Making Of The Basic Principles Of The Headquarters Agreement , Zsolt Hetesy

Fordham International Law Journal

The preparation of the Basic Principles of the Headquarters Agreement presents a unique challenge for the PrepCom. As explained earlier, the two-step process for the conclusion of the headquarters agreement has never been utilized before in the history of international organizations. Other factors, such as the time-pressure created by the ongoing work in a related Working Group also made the task more difficult. The Bureau of the PrepCom responded to the challenge with a unique working-method and procedure. The process, which may look somewhat cumbersome, managed to forge a heightened level of understanding among the Bureau, the host country, and …

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The Agreement On Privileges And Immunities Of The International Criminal Court , Phakiso Mochochoko Jan 2001

The Agreement On Privileges And Immunities Of The International Criminal Court , Phakiso Mochochoko

Fordham International Law Journal

The purpose of this Essay is to examine the provisions of the Agreement and provide the reader with hopefully useful background information on how compromises that enabled delegates to finalize the Agreement were reached. The hope is that this will augur well for a better understanding of the Agreement by filling some of the gaps that may be apparent from a cursory reading of the Agreement. The views expressed herein are those of the author and do not in anyway bind delegates that negotiated the Agreement.

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Rule Of Procedure Of The Assembly Of States Parties To The Rome Statute Of The International Criminal Court , Saeid Mirzaee Yengejeh Jan 2001

Rule Of Procedure Of The Assembly Of States Parties To The Rome Statute Of The International Criminal Court , Saeid Mirzaee Yengejeh

Fordham International Law Journal

In this Essay, the author intends to elaborate only on those Rules that are unique, or were the subject of lengthy discussion in the working group. It is practically impossible to discuss all rules contained in the Rules of Procedure. Before beginning, one point needs to be clarified. There are a number of rules in the Rules of Procedure that simply repeat the provisions of the Statute. This was a conscious decision made by the working group, which included harmless repetitions in order to provide a handy set of rules for future delegates to the Assembly that will cover all …

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Operational Aspects Of Setting Up The International Criminal Court: Building On The Experience Of The International Criminal Tribunal For The Former Yugoslavia , Hans Holthuis Jan 2001

Operational Aspects Of Setting Up The International Criminal Court: Building On The Experience Of The International Criminal Tribunal For The Former Yugoslavia , Hans Holthuis

Fordham International Law Journal

This Essay examines the practical experience of the International Criminal Tribunal for the former Yugoslavia ("ICTY") and, in particular, its Registry with regard to operational matters and its relevance within the setup of the International Criminal Court ("ICC"). While the first part is dedicated to the basic legal groundwork that forms the basis for the work of the ICC (including its financial regulations, a multilateral agreement on its privileges and immunities, and the agreement governing the relationship between the ICC and the United Nations), the second part deals with the more practical aspects of the question of how to start …

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Necessary Steps For The Creation Of The International Criminal Court , Jennifer Schense Jan 2001

Necessary Steps For The Creation Of The International Criminal Court , Jennifer Schense

Fordham International Law Journal

This Essay will examine in further detail the legal structure for the actual establishment of the Court and relevant examples, in particular the establishment of the International Criminal Tribunals for the former Yugoslavia and for Rwanda and the International Tribunal on the Law of the Sea. This Essay will also set forth some recommendations for timely action by governments, the United Nations, and other experts, to ensure that a solid foundation for the Court is constructed in a timely way.

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The International Criminal Court: Alive, Soon Kicking!, Harry Verwij Jan 2001

The International Criminal Court: Alive, Soon Kicking!, Harry Verwij

Fordham International Law Journal

In this brief essay, I will give an overview of my insights as to what urgent practical steps need to be taken by the Preparatory Commission ("Prepcom"), the Assembly of States Parties ("ASP"), and the Host State, the Netherlands, in order to guarantee the early establishment of the Court. I assume that my readers have a high level of understanding of the Rome Statute, the Prepcom, and other related documents.

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The Cooperation Of States With The International Criminal Court , Valerie Oosterveld, Mike Perry, John Mcmanus Jan 2001

The Cooperation Of States With The International Criminal Court , Valerie Oosterveld, Mike Perry, John Mcmanus

Fordham International Law Journal

This Article explores the various cooperation obligations included within the Rome Statute related to arrest and surrender; investigation and evidence gathering; privileges and immunities of Court officials; witness protection; enforcement of ICC sentences, fines, and forfeiture orders; and offenses against the administration of justice. The nature of each obligation will be discussed within the context of the Rome Statute itself, its negotiation history, and a comparison of how Canada, Switzerland, and the United Kingdom have implemented their obligations to cooperate with the ICC into their domestic law, to the end of providing technical assistance to States undertaking the important task …

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The Case Against The International Criminal Court , Lee A. Casey Jan 2001

The Case Against The International Criminal Court , Lee A. Casey

Fordham International Law Journal

This article argues against participation by the United States in the International Criminal Court. The article attempts to show that participation in the ICC regime would be inconsistent with American democracy, inimical to American national interests and would violate the Constitution. Were the United States to become a State party to the Rome Statute, it would, for the first time since July 4, 1776, acknowledge the superior authority of an institution neither elected by the American people, nor accountable to them for its actions. Not surprisingly, ratification of the Rome Statute also would violate the Constitution

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The International Criminal Court Arrives - The U.S. Position: Status And Prospects , John Washburn Jan 2001

The International Criminal Court Arrives - The U.S. Position: Status And Prospects , John Washburn

Fordham International Law Journal

This Essay first examines the current official U.S. position on the Court. The second section describes the development of the position as stated by Ambassador Prosper throughout the negotiations for the ICC from 1994 to the present. The final section reviews the prospects for changes in the U.S. position in the early years of the ICC's existence.

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Market Power In Electricity Markets: Regulation, Deregulation And Competition - Lessons From The Italian Experience And Other European And U.S. Case Studies, Giuseppe Tesauro Jan 2001

Market Power In Electricity Markets: Regulation, Deregulation And Competition - Lessons From The Italian Experience And Other European And U.S. Case Studies, Giuseppe Tesauro

Fordham International Law Journal

The purpose of this Essay is threefold. First, to describe the Italian reform in electricity markets, comparing the models of liberalization and privatization followed by the Italian legislator with the British and French experiences. Second, to analyze the structure of the Italian electricity industry, which arose from the reform, and to study its effects in terms of increased competition from the vertical separation of the former monopolist. For this reason the traditional definition of market power will be revised. New indicators of the existence of a dominant position will be described. Studying the peculiarities of this industry, it will be …

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Parallel Imports, The Intraband/Interbrand Competition Paradigm, And The Hidden Gap Between Intellectual Property Law And Antitrust, Eleanor M. Fox Jan 2001

Parallel Imports, The Intraband/Interbrand Competition Paradigm, And The Hidden Gap Between Intellectual Property Law And Antitrust, Eleanor M. Fox

Fordham International Law Journal

The exhaustion doctrine, in intellectual property law, restrains firms from restraining competition among different sellers of the same product. Thus, it restrains firms from restraining intraband competition. In U.S. antitrust law, firms have no duty to create or tolerate competition in their own product, and if they impose territorial restraints in the course of distributing their product, those restraints are presumed to be efficient for the firm and efficient or at least neutral for competition and consumers. This Essay argues that there is a gap between the intellectual property law and the antitrust law of vertical (intraband) restraints.

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Legislating The Golden Rule: Achieving Comparable Protection Under The European Union Database Directive , Julie Wald Jan 2001

Legislating The Golden Rule: Achieving Comparable Protection Under The European Union Database Directive , Julie Wald

Fordham International Law Journal

This Note examines the types of protection given to databases in both the United States and Europe. Part I discusses the reasons for providing databases protection. Part I also provides background information on the EU Database Directive, and examines the history of copyright protection of databases in the United States in light of a landmark Supreme Court decision and then analyzes the approach to database protection arising under the Collections of Information Antipiracy Act, a proposed law in the U.S. Congress. Part II balances sui generis protection in the EU Database Directive with misappropriation in H.R. 354. Part II also …

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China's Safeguard Measures Under The New Wto Framework, Lihu Chen, Yun Gu Jan 2001

China's Safeguard Measures Under The New Wto Framework, Lihu Chen, Yun Gu

Fordham International Law Journal

This Essay inquires into the nature of China's new safeguard regulation, its significance in China's new trade regime, and, in the authors' view, some of its shortcomings. Part I gives a brief overview of the purpose of safeguard measures and the place of safeguard regulations in China's new trade regime. Part II describes some of the challenges that China's producers will face in the wake of the newly liberalized domestic market, and observes that the use of safeguard measures will become both necessary and important in the coming years in order to facilitate adjustment to this new environment. Part III, …

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Dealing With The Risks And Responsibilities Of Landmines And Their Clearance, Michael Polkinghorne, James Cockayne Jan 2001

Dealing With The Risks And Responsibilities Of Landmines And Their Clearance, Michael Polkinghorne, James Cockayne

Fordham International Law Journal

Part I of this Essay addresses the issues of State responsibility for landmine removal. Part II discusses the various legal issues that landmine removal programs present. It does so by examining: (1) the international obligations that exist; (2) the domestic legal considerations; and (3) some of the issues facing governments who wish to remove landmines by the common measure of contracting out such work to third parties. The central question Part II considers is whether and how States can transfer the risks associated with landmine clearance to contractors.

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Policing Undercover Agents In The United Kingdom: Whether The Regulation Of Investigatory Powers Act Complies With Regional Human Rights Obligations, Cara Hirsch Jan 2001

Policing Undercover Agents In The United Kingdom: Whether The Regulation Of Investigatory Powers Act Complies With Regional Human Rights Obligations, Cara Hirsch

Fordham International Law Journal

This Comment explores the background of the conflict in Northern Ireland and an example of alleged past corruption in the UK security forces' use of covert agents. It discusses the legal background surrounding the enactment of RIPA, including the direct legislative history of the Act and the Act's indirect history, as evidenced through decisions of the European Court of Human Rights. It also examines the statutory framework of RIPA focusing on the provisions that serve as a check on the use of covert human surveillance in the United Kingdom and Northern Ireland. Finally, this Comment argues that RIPA is insufficient …

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Alientating "Human" From "Right": U.S. And Uk Non-Compliance With Asylum Obligations Under International Human Rights Law, Inna Nazarova Jan 2001

Alientating "Human" From "Right": U.S. And Uk Non-Compliance With Asylum Obligations Under International Human Rights Law, Inna Nazarova

Fordham International Law Journal

Snapshot of the state of asylum seekers' rights in the United States and the UK at the time it was written. It provides an overview of U.S. and UK obligations to asylum seekers under international human rights law. The Comment also discusses the basics of U.S. and UK domestic law and procedure relevant to claims for asylum. The author advocates that the United State and the UK adopt a comprehensive approach to preserve asylum seekers' rights and concludes that domestic law should not become a pretext for human rights violations of asylum seekers in the post-September 11th world.

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The Early History Of German-Jewish Reparations, Menachem Z. Rosensaft, Joana D. Rosensaft Jan 2001

The Early History Of German-Jewish Reparations, Menachem Z. Rosensaft, Joana D. Rosensaft

Fordham International Law Journal

This Article provides an overview of the process leading up to the first comprehensive German-Jewish reparations agreements in order to give a historical context to the contemporary discussion of Holocaust-related reparations and restitution. The Article further attempts to shed some light on the behind-the-scenes role played by Josef Rosensaft, one of the individuals involved in the early stages of the reparations negotiations, and his parallel efforts to remedy the 1950-1951 denial of compensation payments to some 18,000 Jewish DP's by the German Land (State) of Lower Saxony.

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Between Restitution And International Morality, Elazar Barkan Jan 2001

Between Restitution And International Morality, Elazar Barkan

Fordham International Law Journal

This Essay explores a rush of restitution cases throughout the globe. The author sees in the pattern formed by these cases a central component of a new international morality. The Essay claims that these cases testify to a new globalism that pays greater attention to human rights. The author underscores the increasing way in which our histories shape our identities. Both realism and tentativeness of the historical identity have become part of the growing liberal political space that includes no longer merely Western countries, but has become attractive to numerous diverse groups and nations globally.

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Www.Swissbankclaims.Com: The Legacy And Morality Of The Holocaust-Era Settlement With The Swiss Banks, Michael J. Bazyler Jan 2001

Www.Swissbankclaims.Com: The Legacy And Morality Of The Holocaust-Era Settlement With The Swiss Banks, Michael J. Bazyler

Fordham International Law Journal

This Essay discusses the post-settlement process following the claims made against Union Bank of Switzerland (“UBS”) and Credit Suisse by survivors of the Holocaust and their heirs. The author analyzes the settlement and provides both a legal and moral accounting of this litigation. This Essay is a continuation of the author's earlier writings on the subject.

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The Holocaust Claims Processing Office's Handling Of Art Claims, Monica Dugot Jan 2001

The Holocaust Claims Processing Office's Handling Of Art Claims, Monica Dugot

Fordham International Law Journal

Overview of the Holocaust Claims Processing Office (“HCPO”) and activities relating to Holocaust-era art claims filed with HCPO. Goes into the history of the HCPO and its mission to assist claimants seeking recovery of assets held in European banks, proceeds from Holocaust-era insurance policies, and lost, looted, or stolen art. Overall it is a description of the Deputy Director's work in this field over the prior four years.

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Welcoming Remarks, John Feerick, Thane Rosenbaum Jan 2001

Welcoming Remarks, John Feerick, Thane Rosenbaum

Fordham International Law Journal

Welcoming remarks and overview of the program of the Symposium.

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