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2002

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The Fifth Enlargement Of The European Union: The Power Of Example, Eneko Landaburu Jan 2002

The Fifth Enlargement Of The European Union: The Power Of Example, Eneko Landaburu

Fordham International Law Journal

After the dust cleared in the early 1990s, the institutional framework for realizing the peaceful unification of Europe was laid down at the Copenhagen European Council in June 1993. The statement by the EU at Copenhagen that it was ready to accept new members that fulfill certain criteria led to applications from ten countries of Central and Eastern Europe. As laid down in the Treaties, it fell to the Commission to provide advice on these applications to the Member States of the EU, which it did in July of 1997 in its ambitious program of reform, known as Agenda 2000. …

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From Common Market To European Union: The New Europe's Place In The Trading World, Mogens Peter Carl Jan 2002

From Common Market To European Union: The New Europe's Place In The Trading World, Mogens Peter Carl

Fordham International Law Journal

What are the philosophical, political, legal and institutional bases for Europe's economic relations with the rest of the world? How have they developed over time, as Europe has moved from the narrow, sectoral basis of the recently defunct European Coal and Steel Community (“ECSC”), to the radical innovation of the European Economic Community (“EEC”), which itself has become part of the wider, politically even more ambitious integrationist structure of the European Union (“EU”), now itself on the verge of a radical expansion of its size? Does today's EU have as much or less in common with the ECSC as a …

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The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu Jan 2002

The Harmonization Game: What Basketball Can Teach About Intellectual Property And International Trade, Peter K. Yu

Fordham International Law Journal

In the recent World Men's Basketball Championships in Indianapolis, Team USA found out painfully that the international game is very different from what they play at home and that the gap between USA Basketball and the rest of the world has been closing. While the United States' losses might have a significant impact on how the country will prepare for the 2004 Olympics in Athens and on how Americans train youngsters to play basketball, their teachings go beyond basketball. The international harmonization process is a game with different rules, different officials, and players with different visions and mindsets. By watching …

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The Territoriality Principle Of Patent Protection And Conflict Of Laws: A Review Of Japanese Court Decisions, Teruo Doi Jan 2002

The Territoriality Principle Of Patent Protection And Conflict Of Laws: A Review Of Japanese Court Decisions, Teruo Doi

Fordham International Law Journal

Among the various categories of intellectual property, the territoriality principle is applied most strictly to patent protection of inventions and copyright protection of works of authorship. The basic international standards for patent and copyright protections are set forth, respectively, in the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. As of April 15, 2002, 163 States are members of the Paris Union and 149 States are members of the Berne Union. Japan acceded to the Paris and Berne Conventions in 1899. A patent granted in one country has …

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Self-Determination And Minority Rights, Frances Raday Jan 2002

Self-Determination And Minority Rights, Frances Raday

Fordham International Law Journal

This Article tries to wend its way through the trail of human debris, the visions and the shattered dreams on both sides of the Israeli-Palestinian conflict, to a rational analysis of the applicability of international human rights norms, to the conflicting claims of two peoples to the same land. The right of both Jews and Palestinians to self-determination seems to be self-evident from the stories of the two peoples. Almost forty years after the Six Days War, the author turns to this issue in an attempt to analyze where this conflict now stands in terms of international human rights. This …

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Challenges And Reforms In The Palestinian Authority, Hiba I. Husseini Jan 2002

Challenges And Reforms In The Palestinian Authority, Hiba I. Husseini

Fordham International Law Journal

This Article looks at the legal structure of the agreements signed between the Palestine Liberation Organization (“PLO”) and Israel from 1993 to 1995 (the “Agreements”). They consist of the Declaration of Principles signed in 1993 (“DOP”), the Agreement on the Gaza Strip and the Jericho Area signed in 1994 (“Gaza-Jericho Agreement”), the Protocol on Economic Relations signed in 1994 (“Paris Protocol”), and the Interim Agreement on the West Bank and Gaza Strip signed in 1995 (“Interim Agreement”). The Article examines the impact of the Agreements on the Palestinian economy and the development of a viable private sector. The Article also …

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The Qualifying Industrial Zone Initiative - A New Tool To Provide Economic Assistance To Middle Eastern Countries Engaged In The Peace Process, Joel Singer Jan 2002

The Qualifying Industrial Zone Initiative - A New Tool To Provide Economic Assistance To Middle Eastern Countries Engaged In The Peace Process, Joel Singer

Fordham International Law Journal

This Article first examines the role of economic and developmental assistance in the context of peacemaking and then focuses on one specific innovative economic assistance measure: the Qualifying Industrial Zone (“QIZ”) initiative. Part I of this Article describes how addressing the economic requirements of the negotiating parties has interplayed with their other requirements within the overall framework of peacemaking. Specifically, based on the experience gained over the last thirty years of the Middle East peace process, this Part describes the overarching requirements that the parties have pursued through peace negotiations. As explained below, former Middle East warriors have always attempted …

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Rules Of Origin As Trade Or Foreign Policy Instruments? The European Union Policy On Products Manufactured In The Settlements In The West Bank And The Gaza Strip, Moshe Hirsch Jan 2002

Rules Of Origin As Trade Or Foreign Policy Instruments? The European Union Policy On Products Manufactured In The Settlements In The West Bank And The Gaza Strip, Moshe Hirsch

Fordham International Law Journal

This Article aims to shed some light on linkage between rules of origin and territorial disputes, and to analyze the alternative approaches available to policy makers in such cases. The choice between these alternatives is closely related to the broader subject of the interrelationships between international trade law and politics, which this Article will also address. It should be emphasized at the outset that this Article does not aim to address the substantive territorial disputes regarding the West Bank and the Gaza Strip (nor the legality of the settlements located therein), Western Sahara, Taiwan, Northern Cyprus, or other disputed territories. …

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The Transition From Tradition To Reform: The Shari'a Appeals Court Rulings On Child Custody (1992-2001), Moussa Abou Ramadan Jan 2002

The Transition From Tradition To Reform: The Shari'a Appeals Court Rulings On Child Custody (1992-2001), Moussa Abou Ramadan

Fordham International Law Journal

The principal object of this Article is to demonstrate that Islamic law, like any system of law, is dynamic rather than static. Islamic law cannot be thought of as law disconnected from history and society. Like any other legal system, it is influenced by political, economic and social factors. In order to illustrate this idea, this Article takes as a case study the rulings concerning custody of the Shari'a Appeals Court in Israel. This Article surveys the rulings of the Shari'a Appeals Court addressing child custody from 1992 through 2001. This Article's central claim is that the Appeals Court's approach …

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Trafficking In Persons, Especially Women And Children, In Countries Of The Middle East: The Scope Of The Problem And The Appropriate Legislative Responses, Mohamed Y. Mattar Jan 2002

Trafficking In Persons, Especially Women And Children, In Countries Of The Middle East: The Scope Of The Problem And The Appropriate Legislative Responses, Mohamed Y. Mattar

Fordham International Law Journal

The purpose of this Article is to discuss the scope of the problem of trafficking in persons, especially women and children, in the region of the Middle East, and to examine the legislative responses to this problem. This Article will discuss the forms of trafficking in the countries of the Middle East and explain the current legislative responses to the problem of trafficking. This Article will also evaluate the adequacy of these responses, as determined by the minimum standards for eliminating trafficking in persons set forth by the United States Trafficking Victims Protection Act of 2000 ("TVPA"). The Article will …

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The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem Jan 2002

The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem

Fordham International Law Journal

One of the vital ways to keep human rights safe is by preserving the prevailing role of the judiciary. Standards developed by the judiciary have a significant beneficial effect of making the lives of people better and the accomplishment of the government's goals easier. In addition, these standards may ensure a better understanding of the relationship between the people and their government, on the one hand, and among the members of the international community, on the other. Moreover, major countries, such as the United States, have a great responsibility, by virtue of their international weight and technological advancement, to help …

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Some Impediments To The Rule Of Law In The Middle East And Beyond, Muhamad Mugraby Jan 2002

Some Impediments To The Rule Of Law In The Middle East And Beyond, Muhamad Mugraby

Fordham International Law Journal

The geographic area that this Essay attempts to explore is the one generally known as “the Middle East” and includes the Levant, plus Arabia, Iran, and Pakistan, and is herein referred to as “the Region.” The Levant runs roughly from Egypt in the West to Iraq in the East. The Region is embedded in a wider area that runs from Morocco to India and even Bangladesh. This broad area will be referred to as “the Broad Region.” The main thrust is on the Region, but with frequent references to the Broad Region. All the countries of the Broad Region have …

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Reclaiming The "Little Bees" And The "Little Bells": Colombia's Failure To Adhere To And Enforce International And Domestic Laws In Preventing Recruitment Of Child Soldiers, Veronica Escobar Jan 2002

Reclaiming The "Little Bees" And The "Little Bells": Colombia's Failure To Adhere To And Enforce International And Domestic Laws In Preventing Recruitment Of Child Soldiers, Veronica Escobar

Fordham International Law Journal

This Comment addresses the recruitment of Colombian children into the insurgent armed groups and the Colombian government's attempts to respond to the issue. Part I provides an overview of the worldwide child soldier epidemic, specifically of the Colombian child soldier. Part I also addresses the general history of the civil strife in Colombia and the impact on the lives of the country's children. Part II describes the existing international laws that protect civilians and children during internal armed conflicts, as well as those laws that address child combatants specifically. Part II also analyzes the Colombian government's response to the child …

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Transitional Justice In A New Era, Ruti G. Teitel Jan 2002

Transitional Justice In A New Era, Ruti G. Teitel

Fordham International Law Journal

This Essay offers an evaluation of the status of transitional justice in the wake of the new century and millennium. This Essay analyzes the evolution and direction of transitional justice in the new era and makes three observations about the current directions in transitional justice developments. Part I contend that while transitional justice is associated with a universal rights discourse, in recent decades of heightened transition, the conception of transitional justice has been closely associated with diverse nation-building projects and related local understandings of the rule of law and legitimacy. Part II addresses the ways contemporary transitional justice reflects its …

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Punishment Of Non-State Actors In Non-International Armed Conflict, William A. Schabas Jan 2002

Punishment Of Non-State Actors In Non-International Armed Conflict, William A. Schabas

Fordham International Law Journal

Non-State actors--like State actors--are increasingly exposed to the threat of accountability and punishment for abuses of human rights. If human rights law has shown itself to be somewhat limited with respect to non-State actors precisely because it is focused on the obligations of the State towards individuals within its jurisdiction, this is not the case when it comes to individual liability for international crimes. The broadening of the scope of the concept of “crimes against humanity” and war crimes in recent years, so as to include acts committed in time of non-international armed conflict, has been of decisive importance in …

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Selective Justice: The Case Of Israel And The Occupied Territories, Kathleen A. Cavanaugh Jan 2002

Selective Justice: The Case Of Israel And The Occupied Territories, Kathleen A. Cavanaugh

Fordham International Law Journal

While the focus in transitional justice literature is most often on functional or quasi-functional processes, this Article turns to the rather less explored path of dysfunctional transitions through the lens of the Israeli/Palestinian case. The stop and start nature of the "transition" from a conflict to the post-conflict process has reverted to a situation that the Israeli government has recently described as an 'armed conflict short of war." Against this backdrop, this Article provides insight into the role of law or its absence in transitioning conflict. As there are conflicting Israeli and Palestinian arguments regarding the legitimacy of Israeli occupation …

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Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison Jan 2002

Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison

Fordham International Law Journal

Our focus in this Article is not predominantly on the doctrinal intricacies of the constitutional framework in Northern Ireland. In fact, while we acknowledge the considerable sophistication of that framework, one of our contentions is that an overly legalistic focus on the shape and forms of constitutional architecture masks key questions concerning the broader political and ideological role of constitution-making. We will argue that the particular exigencies of constitution-making in a post-conflict society require a broader understanding of the notion and role of constitutional law. We attempt to trace the source of constitutional ideas in the jurisdiction, and the role …

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On Law, Politics And Contemporary Constitutionalism, Colin Harvey Jan 2002

On Law, Politics And Contemporary Constitutionalism, Colin Harvey

Fordham International Law Journal

Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the relationship between legal logic and political practice is examined; secondly, the implications of contemporary constitutionalism are explored; and, finally, the agreement and disagreements over its implementation are analyzed.

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Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber Jan 2002

Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber

Fordham International Law Journal

This Essay will argue that any transitional mechanism must be by its nature and temporal historical location a politically contested instrument. This can have differing political and social impacts, and impact on the human rights culture in the society in question. Based on the South African Truth and Reconciliation Commission ("TRC") experience, two rights-based issues -- namely, human rights and victims' rights -- will be discussed.

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Dealing With The Past In Northern Ireland, Christine Bell Jan 2002

Dealing With The Past In Northern Ireland, Christine Bell

Fordham International Law Journal

This Article "audits" Northern Ireland's discrete mechanisms for dealing with the past, with a view to exploring the wider transitional justice debates. An assessment of what has been done so far is vital to considering what the goals of addressing the past might be, what future developments are useful or required, and what kind of mechanisms might successfully be employed in achieving those goals.

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The Biggest Peace: The Structure Of The Palestinian Legislative Council And The Politics Of Separation, Michel Paradis Jan 2002

The Biggest Peace: The Structure Of The Palestinian Legislative Council And The Politics Of Separation, Michel Paradis

Fordham International Law Journal

Part I of this Note summarizes the background leading up to the signing of the Oslo Accords. Part II details the overall structure and responsibilities laid out in Oslo II, with specific emphasis on the legal. Also, Part II presents for comparison the semi-autonomy arrangement devised and implemented in the Transkei of South Africa in the early 1960s. Part II concludes by examining the extent to which both of these arrangements were successful in satisfying the parties involved and makes some more general comparisons to similar reactions in Northern Ireland following the Good Friday Agreement. Part III attempts to draw …

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Fortress Italy: Racial Politics And The New Immigration Amendment In Italy, Michele Totah Jan 2002

Fortress Italy: Racial Politics And The New Immigration Amendment In Italy, Michele Totah

Fordham International Law Journal

This Comment explores, using a framework of international human rights, how discrimination affected the passing of the Bossi Fini amendment to the Italian immigration law. Part I of this Comment discusses the international human rights norms established by several significant fundamental human rights treaties relevant to immigration issues. Part I also briefly discusses the history of Italian immigration legislation, and examines the radicalization of the immigration discourse in Italy. Part II surveys some important provisions of the new Bossi Fini amendment. Part III argues that the Bossi Fini amendment violates the asylum, expulsion, and non-discrimination human rights provisions discussed in …

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Constitutionalizing The European Union - More Than A Sense Of Direction From The Convention On The Future Of Europe, Markus G. Puder Jan 2002

Constitutionalizing The European Union - More Than A Sense Of Direction From The Convention On The Future Of Europe, Markus G. Puder

Fordham International Law Journal

This Article discusses the latest episode in the history of one of the European Union. Part I provides an overview of the integration project. Part II highlights the significance of debating the future of Europe. Part III presents the vehicle of the European Convention. Part IV analyses selected constitutionalizing themes offered in Monsieur Giscard's blueprint. Finally, Part V offers findings and perspectives.

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The Commission: The Key To The Constitutional Treaty For Europe, John Temple Lang Jan 2002

The Commission: The Key To The Constitutional Treaty For Europe, John Temple Lang

Fordham International Law Journal

Political inventions are so rare that when they do arise they are not recognized--we try to fit them into traditional classifications, or criticize them for not being something that they were never intended to be. The European Commission (“Commission”) was a genuinely new political invention, created to solve a problem. The problem was that the European Community (“EC”) had to have majority voting. That meant that from time to time minorities would be out-voted. Majority voting--an old idea, but never before used in an international organization--had to be made acceptable.

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Government Contracts Under Argentine Law: A Comparative Law Overview, Hector A. Mairal Jan 2002

Government Contracts Under Argentine Law: A Comparative Law Overview, Hector A. Mairal

Fordham International Law Journal

This Article will summarize Argentine law on government contracts as it exists today, with special reference to the contracts of the Federal Government. Due to the French origin of the theory and to the fact that this Article is addressed to an American readership, a tentative comparison with the main legal rules on the subject of these two countries will be offered. A discussion of the practical consequences of the application of the administrative contract doctrine, and some possible solutions to the problems created thereby will be then put forward. But first, the basic issues that this doctrine gives rise …

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Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz Jan 2002

Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz

Fordham International Law Journal

This Article seeks to address important questions raised by pretrial detention and judicial reform in Latin America. It analyzes the potential impact of criminal procedure reforms on pretrial detention rates. It also discusses whether more general ‘rule of law‘ reforms promoted by international donor organizations like the World Bank can affect the abuses associated with prolonged pretrial detention--whether, in other words, the circle may be squared between economic development and human rights. In addition, this Article describes the adoption of central elements of an American-style adversarial system in Latin America and its prospects for influencing judicial reform. It argues that …

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Using One's Head To Sustain One's Heart: A New Focus For The Establishment Of The Caribbean Court Of Justice, Neil Dennis Jan 2002

Using One's Head To Sustain One's Heart: A New Focus For The Establishment Of The Caribbean Court Of Justice, Neil Dennis

Fordham International Law Journal

This Note focuses on the reasonableness of placing the sovereignty argument at the forefront of the Caribbean Court of Justice (CCJ) debate instead of the Caribbean Community (CARICOM) Single Market and Economy (CSME) argument. The reason being is the CSME cannot exist without the CCJ. Part I discusses the background of both the CCJ & the CSME. Part II analyzes the arguments of sovereignty and the CSME for the establishment of the CCJ. Part III advocates that it is wise to argue rationally, in today's age of globalization, rather than emotionally.

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Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu Jan 2002

Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu

Research Collection Yong Pung How School Of Law

The experience of Chinese Taipei shows that opening up a previously protected market to new entrants can be a more effective and reliable way to enhance competition than regulating the behavior of dominant or monopolistic firms. Moreover, when opening up the market, the liberalizing measures adopted by government should be market-structure-neutral. That is, it should not try to dictate the direction and results of market competition. A more pressure-resistant mechanism should be designed to deal with market power, taking the form of a regime that is cross-sector, independent and collective in its decision-making, such as has been the case with …

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As Long As Water Falls| An Ethnohistorical Study In The Socioeconomic Underdevelopment And Cultural Identity Of The Confederated Salish And Kootenai Tribes| Using The Events Leading Up To And Surrounding The Construction And Future Control Of The Kerr Dam, William F. Arnold Jan 2002

As Long As Water Falls| An Ethnohistorical Study In The Socioeconomic Underdevelopment And Cultural Identity Of The Confederated Salish And Kootenai Tribes| Using The Events Leading Up To And Surrounding The Construction And Future Control Of The Kerr Dam, William F. Arnold

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Procedural Justice: Tempering The State’S Response To Domestic Violence, Deborah Epstein Jan 2002

Procedural Justice: Tempering The State’S Response To Domestic Violence, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Part I of this Article documents the recent legal reforms implemented on behalf of battered women in the criminal and civil justice systems. These include warrantless arrest, mandatory arrest laws, and no-drop prosecution policies, as well as civil protection order statutes and statutory modifications recommended by the Model State Code on Domestic and Family Violence. Part II describes the ways in which these reforms have improved the state's responsiveness to victims, yet simultaneously entailed serious costs by diminishing batterers' perceptions of procedural justice. Part III defines the building blocks of procedural justice and reviews the social science data demonstrating its …

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