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2003

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The Trial Of Saddam Hussein: What Kind Of Court Should Prosecute Saddam Hussein And Others For Human Rights Abuses, Justice Richard Goldstone Jan 2003

The Trial Of Saddam Hussein: What Kind Of Court Should Prosecute Saddam Hussein And Others For Human Rights Abuses, Justice Richard Goldstone

Fordham International Law Journal

The capture of Saddam Hussein alive is of course a cause for rejoicing. His crimes were massive. He left hundreds of thousands of victims in Iraq; the Shiites who dared to oppose him, the Kurds against whom he committed a most terrible genocide. The question now and the subject of this talk is what to do in order to bring him justice. Having captured him and some of his chief lieutenants, how should they be brought to justice? Broadly speaking, there are four options. The first is a wholly domestic trial in Baghdad before Iraqi judges. The second option would …

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The Caribbean Court Of Justice: Enhancing The Law Of International Organizations, Sheldon A. Mcdonald Jan 2003

The Caribbean Court Of Justice: Enhancing The Law Of International Organizations, Sheldon A. Mcdonald

Fordham International Law Journal

This Article will consider the following: Part I will discuss some general issues concerning dispute settlement internationally. Part II discuss dispute settlement systems in the Regional Economic Groupings, including the World Trade Organization ("WTO") (as evidenced in the infamous "Banana Dispute") and the future Free Trade Area of the Americas ("FTAA"), given that the Revised Treaty will be notified under article XXIV of the General Agreement on Trade and Tariffs 1994 and will presumably be accepted as being consistent with the understanding thereunder. Part III will examine the Role of the CCJ as the judicial organ of CARICOM and the …

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Moving Forward, Never Backwards: Preventing Fraud In The European Union And Defining European Central Bank Independence , Shaun A. Reader Jan 2003

Moving Forward, Never Backwards: Preventing Fraud In The European Union And Defining European Central Bank Independence , Shaun A. Reader

Fordham International Law Journal

Part I of this Note will describe the need for anti-fraud measures within the Community. Part I will also detail the various legislative actions taken by the Commission, the Parliament and Council, and by the ECB and by the EIB to combat fraud. Part II will present the Commission's case against the ECB, the ECB's defense, the views expressed by Advocate General Jacobs and the ultimate judgment of the ECJ. Part II will focus primarily on the Commission v. ECB, but will note similarities and variances from the Commission's case against the EIB. Finally, Part III will discuss the leeway …

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The Special Economic Zones And North Korean Economic Reformation With A Viewpoint Of International Law, Eric Yong-Joong Lee Jan 2003

The Special Economic Zones And North Korean Economic Reformation With A Viewpoint Of International Law, Eric Yong-Joong Lee

Fordham International Law Journal

This Article is composed of three Parts. Part I reviews the establishment of the SEZs in North Korea. This Part will introduce four SEZs currently in action and the grand scheme of the Tumen River Area Development Project. The backgrounds, purposes, and roles of the SEZs will also be addressed in this part. Part II deals with the legal instruments of North Korea involved in the economic reformation in these zones. This Part will systematically analyze the laws and regulations relating to inducing foreign investment in SEZs. Part III investigates protection against political risks in the SEZs, which is one …

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Puerto Rico Pandemonium: The Commonwealth Constitution And The Compact-Colony Conundrum, Jason Adolfo Otaño Jan 2003

Puerto Rico Pandemonium: The Commonwealth Constitution And The Compact-Colony Conundrum, Jason Adolfo Otaño

Fordham International Law Journal

This Note will consider the historical background of the compact-colony conundrum and examine the development of self-determination in international law and democracy in the Americas in order to bring to light a new forum for this question. Part I will discuss the historical background necessary in examining this conflict. Part II analyzes the formation of a constitutional government in Puerto Rico, and the reaction of the international and Inter-American communities. Part III argues that Puerto Rico is still a colony of the United States and thus U.S.-P.R. relations violate international and Inter-American law.

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Opportunities And Challenges: The Caribbean Involvement In The Free Trade Area Of The Americas, Myrtle D. Bishop, Samuel J. Chandler Jan 2003

Opportunities And Challenges: The Caribbean Involvement In The Free Trade Area Of The Americas, Myrtle D. Bishop, Samuel J. Chandler

Fordham International Law Journal

This Article will examine the region's participation in the process leading to the establishment of the FTAA, and the benefits and challenges associated with its involvement in this hemispheric undertaking. Part One of the Article sets out the rationale for the establishment of the FTAA and the structure of the negotiations. The section also identifies some elements of the unique nature of the proposed grouping. Part Two discusses the challenges facing Caribbean countries as they participate in multilateral trade negotiations, including the FTAA. In Part Three, the Article critically reviews the early stages of the integration process in the Caribbean …

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Law "Of Our Own Style": The Evolution And Challenges Of The North Korean Legal System, Patricia Goedde Jan 2003

Law "Of Our Own Style": The Evolution And Challenges Of The North Korean Legal System, Patricia Goedde

Fordham International Law Journal

In this Essay, I first briefly present theoretical contexts that may aid in defining the North Korean legal system. Next, I trace the evolution of the North Korean legal system by examining the North Korean reaction to various legal influences of the Japanese occupation, Soviet tutelage, and traditional Korean practices, and outline the current politico-legal structure. In the final section, I inquire whether the North Korean legal structure can accommodate a different legal system necessitating rule-of-law requirements, as applied to its foreign investment regime and, perhaps some day, nationwide. Although the main purpose of this Essay is to introduce the …

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Trade, Democracy, And The Ftaa: Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmaier Jan 2003

Trade, Democracy, And The Ftaa: Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmaier

Fordham International Law Journal

The Article concentrates on access for non-profit or "public interest" elements of civil society rather than for-profit business interests, because public interest organizations have been more marginalized from the FTAA, and their interests are more diffuse and conflicting - rendering their integration more problematic. It also concentrates on the multilateral process in the context of Ministerial meetings rather than trade policymaking at a national level because of the symbolic value attached to meetings of ministers, and the unique opportunities for public dialogue offered by these high-level meetings.

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Ludwik A. Teclaff (1918 – 2003) A Tribute, Joseph C. Sweeney Jan 2003

Ludwik A. Teclaff (1918 – 2003) A Tribute, Joseph C. Sweeney

Fordham International Law Journal

On May 29, 2003, Professor Ludwik A. Teclaff died in his 85th year at his retirement home in St. Petersburg, Florida. Ludwik Teclaff, was a scholar, a patriot, a warrior and a man of faith. He was born in Czestochowa, Poland on November 14, 1918, just before Poland emerged as a newly independent Nation. In 1959 Dr. Teclaff joined the Fordham University School of Law Library, becoming Librarian of the Law School in 1962. During his twenty-four years as Librarian, Dr. Teclaff made the changes in technology and administration that would put Fordham's law library in the front rank of …

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Vengeance And Empire: The Leftist Case For War In Iraq – William Shawcross, Allies: The U.S., Britain, Europe, And The War In Iraq , Hal Blanchard Jan 2003

Vengeance And Empire: The Leftist Case For War In Iraq – William Shawcross, Allies: The U.S., Britain, Europe, And The War In Iraq , Hal Blanchard

Fordham International Law Journal

Shawcross is superbly equipped to assess the impact of rogue States and terrorist organizations on global security. He is also well placed to comment on the risks of preemptive invasion for existing alliances and the future prospects for the international rule of law. An analysis of the ways in which the international community has “confronted evil,” Shawcross' brief polemic argues that U.S. President George Bush and British Prime Minister Tony Blair were right to go to war without UN clearance, and that the hypocrisy of Jacques Chirac was largely responsible for the collapse of international consensus over the war. His …

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Sustainable Development In The Negotiation Of The Ftaa, Marie-Claire Cordonier Segger Jan 2003

Sustainable Development In The Negotiation Of The Ftaa, Marie-Claire Cordonier Segger

Fordham International Law Journal

First, I will briefly explain what is meant by hemispheric sustainable development law. Then, I will discuss the current progress of the FTAA from a sustainable development law perspective. To illustrate the links between trade liberalization, social and environmental law and policy in the Americas, I will briefly highlight potential social and environmental impacts and opportunities in several important areas of negotiations: services, intellectual property rights, competition law, government procurement and investment. (The directions of agricultural liberalization, market access and subsidies are also crucial to sustainable development, but are too extensive to discuss here). Then, I will consider the institutional …

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The Just War Ethic In International Law, Joseph C. Sweeney Jan 2003

The Just War Ethic In International Law, Joseph C. Sweeney

Fordham International Law Journal

To the student and practitioner of international law in the twenty-first century, the just war ethic is clearly part of Moral Theology--binding the consciences of ethical people everywhere --but it is not part of international law. Nevertheless, there is today a lingering flavor of the Just War Ethic in debates about issues that are partly moral and partly political, such as: 1. the testing and use of nuclear weapons; 2. combating terrorism; and 3. humanitarian intervention to save lives and the human environment. None of these activities is authorized expressly in the United Nations Charter. What is an unjust war …

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No Recourse: Transnational Corporations And The Protection Of Economic, Social, And Cultural Rights In Bolivia , Maria Mcfarland Sánchez-Moreno, Tracy Higgins Jan 2003

No Recourse: Transnational Corporations And The Protection Of Economic, Social, And Cultural Rights In Bolivia , Maria Mcfarland Sánchez-Moreno, Tracy Higgins

Fordham International Law Journal

This Report analyzes two cases in which TNC activities have had an impact on Bolivian citizens' enjoyment of economic, social, and cultural rights (“ESC rights”). In so doing, it analyzes not only corporate conduct but also the Bolivian government's role in protecting ESC rights from violation. The cases involve an oil spill by Transredes, a TNC partly owned by Enron and Shell, in Bolivia's Desaguadero River, which affected over one hundred indigenous communities; and the water war that took place in the city of Cochabamba over the privatization of Cochabamba's water system and its operation by the consortium Aguas del …

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Two Roads Diverged In A Yellow Wood: The European Community Stays On The Path To Strict Liability, Josephine Liu Jan 2003

Two Roads Diverged In A Yellow Wood: The European Community Stays On The Path To Strict Liability, Josephine Liu

Fordham International Law Journal

Part I of this Note will briefly outline Community policy on product liability as detailed by the Product Liability Directive, then review the development of product liability law in various Member States of the European Community. Part II will analyze how the concept of state-of-the-art highlighted tensions between a strict liability regime and a negligence regime in U.S. product liability. It will then review similar discord in the European Community caused by the development risk defense. Finally, Part III of this Note will argue that in contrast to the United States, the European Community has thus far chosen to stay …

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An Evaluation Of Voice Quality Of Athletic Coaches Preseason And Postseason, Aynsley L. Kluchnik Jan 2003

An Evaluation Of Voice Quality Of Athletic Coaches Preseason And Postseason, Aynsley L. Kluchnik

Theses and Dissertations

No abstract provided.

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An Investigation Of The Relationship Between High-Frequency Hearing Loss And Exposure To Loud Sounds Among Female College Students, Tania Langhan Lafournaise Jan 2003

An Investigation Of The Relationship Between High-Frequency Hearing Loss And Exposure To Loud Sounds Among Female College Students, Tania Langhan Lafournaise

Theses and Dissertations

No abstract provided.

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Constraining Funnel Caldera Processes At VolcáN Huaynaputina, Southern Peru, Yan LavalléE Jan 2003

Constraining Funnel Caldera Processes At VolcáN Huaynaputina, Southern Peru, Yan LavalléE

Theses and Dissertations

No abstract provided.

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The Effect Of The Snatch On Lower Body Power, Derick J. Jensen Jan 2003

The Effect Of The Snatch On Lower Body Power, Derick J. Jensen

Theses and Dissertations

No abstract provided.

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Variables Affecting Inclusion And Transition Of High School Students With Disabilities : Case Study, Linda K. Novacek Jan 2003

Variables Affecting Inclusion And Transition Of High School Students With Disabilities : Case Study, Linda K. Novacek

Theses and Dissertations

No abstract provided.

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Beam Volume Displacement Sensor Design : A Numerical Approach, Sai Prasad Jangiti Jan 2003

Beam Volume Displacement Sensor Design : A Numerical Approach, Sai Prasad Jangiti

Theses and Dissertations

No abstract provided.

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Finite Element Modeling And Analysis Of A Pipe Flange And Spiral Wound Flexible Gasket, Reid A. Larson Jan 2003

Finite Element Modeling And Analysis Of A Pipe Flange And Spiral Wound Flexible Gasket, Reid A. Larson

Theses and Dissertations

No abstract provided.

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The Effect Of An Injury On Worry, Anxiety, And Performance In College Football Players, Mike A. Mannausau Jan 2003

The Effect Of An Injury On Worry, Anxiety, And Performance In College Football Players, Mike A. Mannausau

Theses and Dissertations

No abstract provided.

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The Influence Of Emotional And Cognitive Responses On Advertising Effects : A Case Of Benetton Ads, Paige M. Leapaldt Jan 2003

The Influence Of Emotional And Cognitive Responses On Advertising Effects : A Case Of Benetton Ads, Paige M. Leapaldt

Theses and Dissertations

No abstract provided.

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Registered Nurses And Their Ability To Recognize Ethical Dilemmas, Kari Berentson Jan 2003

Registered Nurses And Their Ability To Recognize Ethical Dilemmas, Kari Berentson

Theses and Dissertations

No abstract provided.

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The Ever Present Absence, Rob C. Blixt Jan 2003

The Ever Present Absence, Rob C. Blixt

Theses and Dissertations

No abstract provided.

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Active Sites And The Effects Of Water And Temperature On The Photocatalytic Oxidation Of Formic Acid And Acetic Acid On Tio₂ Catalyst, Michael John Backes Jan 2003

Active Sites And The Effects Of Water And Temperature On The Photocatalytic Oxidation Of Formic Acid And Acetic Acid On Tio₂ Catalyst, Michael John Backes

Theses and Dissertations

No abstract provided.

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A Comparison Of Self-Confidence Ratings Of Nurses When They Are Mentored Versus Non-Mentored, Barbara A. Boguslawski Jan 2003

A Comparison Of Self-Confidence Ratings Of Nurses When They Are Mentored Versus Non-Mentored, Barbara A. Boguslawski

Theses and Dissertations

No abstract provided.

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Prediction Of The Distribution Of Volatile Sodium Species During Combustion And Cooling In The Coal-Fired Boilers, MuḥAmmad AmāNullāH Jan 2003

Prediction Of The Distribution Of Volatile Sodium Species During Combustion And Cooling In The Coal-Fired Boilers, MuḥAmmad AmāNullāH

Theses and Dissertations

No abstract provided.

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An Examination Of Role Conflict, Role Strain, And Coping Strategies Among Single-Mother College Students, Lisa L. Adolfs Jan 2003

An Examination Of Role Conflict, Role Strain, And Coping Strategies Among Single-Mother College Students, Lisa L. Adolfs

Theses and Dissertations

No abstract provided.

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Weight Change, Quality Of Life And Performance Status In Patients With Non-Small Cell Lung Cancer, Nancy C. Atkinson Jan 2003

Weight Change, Quality Of Life And Performance Status In Patients With Non-Small Cell Lung Cancer, Nancy C. Atkinson

Theses and Dissertations

No abstract provided.

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