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2008

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Private Query On Encrypted Data In Multi-User Setting, Feng Bao, Robert H. Deng, Xuhua Ding, Yanjiang Yang Jan 2008

Private Query On Encrypted Data In Multi-User Setting, Feng Bao, Robert H. Deng, Xuhua Ding, Yanjiang Yang

Research Collection School Of Computing and Information Systems

Searchable encryption schemes allow users to perform keyword based searches on an encrypted database. Almost all existing such schemes only consider the scenario where a single user acts as both the data owner and the querier. However, most databases in practice do not just serve one user; instead, they support search and write operations by multiple users. In this paper, we systematically study searchable encryption in a practical multi-user setting. Our results include a set of security notions for multi-user searchable encryption as well as a construction which is provably secure under the newly introduced security notions.

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An Efficient Method For Maximum Likelihood Estimation Of A Stochastic Volatility Model, Junying, Shirley Huang, Jun Yu Jan 2008

An Efficient Method For Maximum Likelihood Estimation Of A Stochastic Volatility Model, Junying, Shirley Huang, Jun Yu

Research Collection Lee Kong Chian School Of Business

In this paper an efficient, simulation-based, maximumlikelihood (ML) method is proposed for estimating Taylor’sstochastic volatility (SV) model. The new method isbased on the second order Taylor approximation to the integrand.The approximation enables us to transfer the numericalproblem in the Laplace approximation and that inimportance sampling into the problem of inverting two highdimensional symmetric tri-diagonal matrices. A result recentlydeveloped in the linear algebra literature shows thatsuch an inversion has an analytic form, greatly facilitatingthe computations of the likelihood function of the SVmodel. In addition to provide parameter estimation, the newmethod offers an efficient way to filter, smooth, and forecastlatent log-volatility. The …

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Technological Change Management Strategies In Asian Small-Scale Businesses: Trends In Singapore, Thomas Menkhoff, Yue Wah Chay Jan 2008

Technological Change Management Strategies In Asian Small-Scale Businesses: Trends In Singapore, Thomas Menkhoff, Yue Wah Chay

Research Collection Lee Kong Chian School Of Business

Based on survey data on the change management behavior of Chinese small and medium sized enterprises (SMEs) in Singapore, the paper explores how small entrepreneurs are coping with the city-state's turbulent business environment, processes of technological advancement and accelerated change. Differences between so-called opportunistic entrepreneurs and small business ventures are examined. Conceptually, the paper is informed by theories of change management, strategic choice, entrepreneurship and Chinese business. Special emphasis is put on the identification of demographic characteristics of "technological change masters" in Singapore's small business sector so as to gain an understanding of both the dynamism and relative passivity of …

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Sustainable Lunar Habitat Protection Against Damage By Meteoroid Impacts, William P. Schonberg, Robin Putzar, Frank Schaefer Jan 2008

Sustainable Lunar Habitat Protection Against Damage By Meteoroid Impacts, William P. Schonberg, Robin Putzar, Frank Schaefer

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

Sustainability is a key consideration in the design and establishment of human habitats on the Moon (and on Mars as well). One hazard faced by such habitats is the damage that can be caused by the impact of a meteoroid on a critical habitat structure or structural component. in this paper we discuss various approaches to meteoroid shielding for lunar habitats, focusing on approaches that use resources mined or extracted from the moon. Advantages and disadvantages of these various techniques are also presented and discussed. the Moon's mineralogy is highlighted, and suggestions are presented for materials that can be used …

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The Role Of Informal Legal Institutions In Economic Development, Kevin J. Fandl Jan 2008

The Role Of Informal Legal Institutions In Economic Development, Kevin J. Fandl

Fordham International Law Journal

The purveyance of the rule of law in developing countries has frequently been associated with positive economic development. Better clarity, scope, transparency and enforcement of the laws will promote confidence and trust in the formal legal system, the argument suggests. At its core, this argument misses a fundamental yet widely recognized tangent to the rule of law – the role of informal legal institutions. The perception of legal systems perpetrated by the state - formal legal systems - is negative in many developing countries. Corruption, high costs and lengthy time periods for issue resolution limit the ability and willingness of …

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Learning From Others: Sustaining The Internationalization And Globization Of U.S. Law School Curriculums, James R. Maxeiner Jan 2008

Learning From Others: Sustaining The Internationalization And Globization Of U.S. Law School Curriculums, James R. Maxeiner

Fordham International Law Journal

In 2007 Harvard Law School made "the most ambitions changes to the school's curriculum since Langdell." That change was the internationalization and globalization of its curriculum. Other law schools, such as Michigan, McGeorge and Georgetown, had already done that. But what is to assure that the recent trend toward internationalization will not be just another fad? This address, after summarizing current developments, provides an answer: learning from foreign law.

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Taking Shots At Private Military Firms: International Law Misses Its Mark (Again), Kevin H. Govern, Eric C. Bales Jan 2008

Taking Shots At Private Military Firms: International Law Misses Its Mark (Again), Kevin H. Govern, Eric C. Bales

Fordham International Law Journal

Part I of this Article takes a brief tour through military history on the consistent use of mercenaries through the ages, which Peter Singer illuminates masterfully in Corporate Warriors. Next, a brief overview on the binding nature (or not) of international custom and treaty is explored in Part II and then the codifications of international law are taken up in Part III, beginning with the Hague and Geneva Conventions. Several United Nations (“U.N.”) instruments are analyzed for their efficacy in changing the long-standing customary international law on the use of mercenaries and whether or not each is applicable to PMF …

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The Contribution Of The International Court Of Justice To The Development Of International Environmental Law: A Contemporary Assessment, Dr. Jorge E. Viñuales Jan 2008

The Contribution Of The International Court Of Justice To The Development Of International Environmental Law: A Contemporary Assessment, Dr. Jorge E. Viñuales

Fordham International Law Journal

The article provides a detailed and up-to-date assessment of the contribution of the International Court of Justice (ICJ) to the development of International Environmental Law (IEL), including the potential in this respect of the cases currently pending before the Court. The author argues that the ICJ's contribution to IEL can be organized in two main waves of cases. The legacy of the first wave, which covered essentially the Corfu Channel and the Nuclear Tests cases, as well as an important obiter dictum made in the Barcelona Traction case, was the confirmation of previous case-law on transboundary damages as well as …

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"More Adversarial, But Not Completely Adversarial": Reformasi Of The Indonesian Criminal Procedure Code, Robert R. Strang Jan 2008

"More Adversarial, But Not Completely Adversarial": Reformasi Of The Indonesian Criminal Procedure Code, Robert R. Strang

Fordham International Law Journal

This Article provides a perspective not normally available to U.S. legal scholars in the area of comparative law -- it is a firsthand account of criminal procedure reform in the Republic of Indonesia. Indonesia, the world’s fourth largest country by population and the largest civil law jurisdiction, has embarked on sweeping legal, political, and institutional reform in the ten years since the collapse of authoritarian rule. Half way around the world from the U.S., Indonesia is virtually unknown to Western legal scholars, yet the changes being made in Indonesian criminal procedure are fundamental: establishing a suspect’s right to remain silent; …

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The European Union And New Leading Powers: Towards Partnership In Strategic Trade Policy Areas, Dr. Rafael Leal-Arcas Jan 2008

The European Union And New Leading Powers: Towards Partnership In Strategic Trade Policy Areas, Dr. Rafael Leal-Arcas

Fordham International Law Journal

This Article aims at understanding the potential of partnerships of the European Union (‘EU‘) with emergent global actors (the so-called new leading powers (‘NLPs‘) or ‘BRIC countries‘), focusing on international trade law and policy. Although the power base of these actors (Brazil, Russia, India, and China--the BRIC countries) is their respective region (South America for the case of Brazil, Eastern Europe for Russia, the Subcontinent for India, and the Far East for China), there may be specific policy areas in which their influence might be global. With this in mind, the Article raises interesting questions: Is the EU an attractive …

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Beyond Contract – The Case For Default Arbitration In International Commercial Disputes, Gilles Cuniberti Jan 2008

Beyond Contract – The Case For Default Arbitration In International Commercial Disputes, Gilles Cuniberti

Fordham International Law Journal

The thesis of this Article is that arbitration should become the default mode of resolution of international commercial disputes. In Part I, I first address the critical issue of the legitimacy of international arbitrators. In the traditional model of voluntary arbitration, the legitimacy of arbitrators flows from the agreement of the parties. By agreeing to have their dispute settled by way of arbitration, the parties have not only empowered the arbitrators, but also abided by the power that they have conferred on them. In the model that I propose, however, arbitration loses its contractual foundation. Would arbitrators also lose all …

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The Limitation Of Intellectual Property In The Name Of Competition, Paul Nihoul Jan 2008

The Limitation Of Intellectual Property In The Name Of Competition, Paul Nihoul

Fordham International Law Journal

Intellectual property (“IP”) is often credited with providing an incentive for inventors to develop their creativity. Through IP protection, inventors can recoup their investment and make a profit. That idea, which has inspired legislators worldwide, is currently challenged in the European case law on competition. In the last twenty years, five cases have limited, in the name of competition, the possibility for firms to use IP rights acquired in conformity with applicable laws. These cases are examined in this article. I analyze the scope of the emerging jurisprudence and investigate the arguments articulated, in support of their position, by the …

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Fundamental Rights In The European Community Legal Order, John L. Murray Jan 2008

Fundamental Rights In The European Community Legal Order, John L. Murray

Fordham International Law Journal

The role of the courts in the protection of human rights in any legal system is a constitutionally sensitive one. The observance and protection of such rights articulate with many aspects of the exercise of governmental and legislative power. The value nature of human rights accentuates these sensibilities. Some have viewed sovereign law as an essential ingredient in the make-up of national identity, a perception which tends to confirm a presumption that legal systems, while responsive to new pressures, are nonetheless holistic, coherent, and state-bound. National law is a rampart against outside corruption of the national ethos. Inevitably all of …

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Rule Of Law In Central And Eastern Europe, Frank Emmert Jan 2008

Rule Of Law In Central And Eastern Europe, Frank Emmert

Fordham International Law Journal

Pursuant to the same logic that prevailed when Jean Monnet and Robert Schuman reached out to Germany after the end of World War II, and in keeping with the promise made in the Preamble of the founding treaty, the EU now reached out to Central and Eastern Europe after the end of the Cold War and offered integration. In recognition of the difficulties for the EU on the one side of absorbing a large number of countries without jeopardizing the functioning of the institutions, and the difficulties for the Central and Eastern European Countries ("CEECs") on the other side of …

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The European Union’S Shareholder Voting Rights Directive From An American Perspective: Some Comparisons And Observations, Arthur R. Pinto Jan 2008

The European Union’S Shareholder Voting Rights Directive From An American Perspective: Some Comparisons And Observations, Arthur R. Pinto

Fordham International Law Journal

The European Union (“EU”) has recently celebrated its 50th anniversary. This Article is based upon my presentation in the Symposium celebrating the anniversary held at Fordham Law School and sponsored by the Fordham International Law Journal. The Article will look at how the European Union has recently approached company law issues (usually referred to as corporate law in the United States) and particularly shareholder voting rights through the recent EU directive on the exercise of certain rights of shareholders in listed companies (“Voting Rights Directive” or “Directive”). My focus is on company law with regard to the corporate governance of …

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Gendercide And The Cultural Context Of Sex Trafficking In China, Susan Tiefenbrun, Christie J, Edwards Jan 2008

Gendercide And The Cultural Context Of Sex Trafficking In China, Susan Tiefenbrun, Christie J, Edwards

Fordham International Law Journal

This paper discusses the interconnection of historic, legal, and cultural contexts that result in the perpetuation of discrimination against women in Chinese society. The contextual analysis attempts to explain the causes for an increase in trafficking of women and the deplorable human rights violations perpetrated upon women in China today. The remedies to eliminate trafficking proposed in this paper are not easily implemented. The OCP must be revised to provide more incentives to rational family planning rather than harsh punishments and coercion. China needs to reverse a long-standing cultural tradition of male son preference and discrimination against women. We know …

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Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks Jan 2008

Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks

Fordham International Law Journal

This Article examines treaty body compliance discourse through an examination of the CEDAW Committee's jurisprudence related to sub-Saharan Africa. Drawing on the constructivist literature and the sociological framing literature, Part I of this article introduces adoption and adaptation as key features for domestically enforcing treaty obligations. Part I also introduces the CEDAW Committee compliance discourse framework. Through the issue of married women's property rights in Rwanda and Uganda, Part II demonstrates the challenges of implementing the adoption and adaptation process with a circumscribed collaboration approach. Drawing on the constructivist and sociological insights regarding the adoption and adaptation process Part III …

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Russia's Labor Pains: The Slow Creation Of A Culture Of Enforcement, Katerina P. Lewinbuk Jan 2008

Russia's Labor Pains: The Slow Creation Of A Culture Of Enforcement, Katerina P. Lewinbuk

Fordham International Law Journal

This Article offers a general examination and analysis of Russian labor law, including its historic origin and current status, and it also examines the existing enforcement mechanisms for its provisions. It also provides a comparison of Russian labor law and enforcement to the labor regulations and enforcement in four other countries: the United States of America, the United Kingdom, Australia, and Mexico. The Article concludes that Russia's failure to comply with and enforce its labor regulations is deeply rooted in the culture's historic distrust and disrespect for the law that was typical during Soviet times and continues into the current …

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China's New Labor Contract Law And Protection Of Workers, Li Jing Jan 2008

China's New Labor Contract Law And Protection Of Workers, Li Jing

Fordham International Law Journal

This Comment will discuss the labor conditions in China that prompted many provisions in the recently enacted Labor Contract Law, and how the new law responds to deficiencies of China's Labor Law to address various labor problems. Part I of this Comment contains a brief presentation of the historical and economic background of the emergence of migrant workers. Part I also examines the causes of the main problems faced by migrant workers, in particular the insufficiencies of China's Labor Law in protecting migrant workers. Part II looks into the legislation's background and specific provisions of China's new Labor Contract Law …

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Ethics In The Multijurisdictional Practice Of Admiralty Lawyers, Michael Marks Cohen Jan 2008

Ethics In The Multijurisdictional Practice Of Admiralty Lawyers, Michael Marks Cohen

Fordham International Law Journal

In June 2002 the Commission on Multijurisdictional Practice of the American Bar Association (“ABA”) issued a report which covered a wide range of subjects including state judicial regulation and discipline of lawyers, the special problems of large firms moving lawyers around to work in branch offices, the use of in-house counsel not licensed in the state where they work, the particular problems of federal government and military lawyers practicing as part of their official duties in states where they are not licensed, as well as model rules for admission to practice on motion, for licensing of foreign legal consultants, and …

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Surrendering The Rule Of Law In Foreign Relations, Martin S. Flaherty Jan 2008

Surrendering The Rule Of Law In Foreign Relations, Martin S. Flaherty

Fordham International Law Journal

Foreign relations specialists for the most part agree on this much: Medellin v. Texas may prove to be the most important case in the field in recent memory—more than even the recent line of Guantanamo decisions, significant as the general public assumes these to be. Agreement fades, however, concerning exactly what Medellin’s importance will be. Does it signal a reversal of the doctrine that treaties are presumptively self-executing? Or does it (merely) suggest hostility toward domestic application of multi-lateral agreements, especially when they confer individual rights? Is the Court’s opinion driven by a salutary commitment to domestic democratic process in …

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Ocean Carriers' Duty Of Care To Cargo In Port: The Rotterdam Rules Of 2009, Prof. Dr. David Morán Bovio Jan 2008

Ocean Carriers' Duty Of Care To Cargo In Port: The Rotterdam Rules Of 2009, Prof. Dr. David Morán Bovio

Fordham International Law Journal

On December 11, 2008, the General Assembly of the United Nations adopted General Assembly (“G.A.”) Resolution 10798, accepting a Convention prepared by the United Nations Commission on International Trade Law on “Contracts for the International Carriage of Goods Wholly or Partly by Sea,” in lieu of a diplomatic conference, and scheduled the convention to be signed, subject to subsequent ratification, on September 23,2009 at Rotterdam.10 The new Convention is designed to replace two earlier international conventions, popularly known as the Hague Rules of 1924 (“HR”), with the Visby Amendments of 1968, and the Hamburg Rules of 1978 (“HamR”), thus the …

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An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of The Congo, Gregory S. Gordon Jan 2008

An African Marshall Plan: Changing U.S. Policy To Promote The Rule Of Law And Prevent Mass Atrocity In The Democratic Republic Of The Congo, Gregory S. Gordon

Fordham International Law Journal

This Article discusses what the United States can do to promote the rule of law and human rights in DR Congo. This Article contends that U.S.-DR Congo policy has been formulated in dribs and drabs, limited in quantity relative to the enormity of the crisis, and without an overarching plan for promoting legal coherence and yielding long-term, systemic change. To be effective, U.S.-Congolese policy must be crafted and executed with a holistic approach-security, disarmament, infrastructure, food assistance, and health care must all undergird greater efforts to establish the rule of law. In effect, the United States must initiate an "African …

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Gravity And The Legitimacy Of The International Criminal Court, Margaret M. Deguzman Jan 2008

Gravity And The Legitimacy Of The International Criminal Court, Margaret M. Deguzman

Fordham International Law Journal

References to gravity are threaded throughout the Rome Statute's provisions relating to jurisdiction and its exercise. These references reflect the drafters' philosophical vision for the Court, but fail to provide the institution with clear legal guidance. Part II begins by examining the relevant statutory provisions, exploring ambiguities in the text and suggesting how it should be interpreted. It then canvases the legislative history for indications of the drafters' intent and evaluates the approaches to gravity adopted thus far by the Court's judges and Prosecutor. The analysis in this Part demonstrates that gravity plays two essential and distinct roles for the …

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A Theory Of Internationally Regulated Goods, Asif Efrat Jan 2008

A Theory Of Internationally Regulated Goods, Asif Efrat

Fordham International Law Journal

This Article examines the overlooked countertrend of international trade regulation. It offers a theory of internationally regulated goods ("IRGs") that explains why certain goods are regulated internationally, how governments form their preferences on international regulation, and how they establish cooperation. This Article argues that international regulation allows governments to make up for the deficiencies of national regulation by inducing the externalities-generating countries to establish proper controls. Beyond identifying and analyzing the trend of internationally regulated goods, this Article makes several additional contributions. Most importantly, the theoretical model bridges rationalist and nonrationalist accounts of international law by combining self-interest calculations with …

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Pacta Sunt Servanda And State Promises To Foreign Investors Before Bilateral Investment Treaties: Myth And Reality, Jason Webb Yackee Jan 2008

Pacta Sunt Servanda And State Promises To Foreign Investors Before Bilateral Investment Treaties: Myth And Reality, Jason Webb Yackee

Fordham International Law Journal

In their 1959 proposal to build a new international legal order founded upon principles of human dignity, Professors Myres McDougal and Harold Lasswell admonished international legal scholars to continuously reappraise the suitability and necessity of existing international legal institutions, taking due notice of the "myths" on which current arrangements are based and justified.' The aim of this Article is to take McDougal and Lasswell's admonition seriously in analyzing one of the persistent myths that serves to explain and to justify bilateral investment treaties ("BIT"s) that form the backbone of the modern system of international investment law. The author’s aim is …

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The Nexus Of Public And Private In Foreign Direct Investment: An Analysis Of Ifc, Miga, And Opic, Adam L. Masser Jan 2008

The Nexus Of Public And Private In Foreign Direct Investment: An Analysis Of Ifc, Miga, And Opic, Adam L. Masser

Fordham International Law Journal

This Report will provide an exposition of the most recent activities of three of the most important public supporters of foreign direct investment ("FDI"): the International Finance Corporation ("IFC"), the Multilateral Investment Guarantee Agency ("MIGA"), and the Overseas Private Investment Corporation ("OPIC"), with a focus on their regional and sectoral investment patterns. While not a panacea to the incredible challenges in achieving reductions in poverty, FDI is an essential element in the overall strategy to ensure successful, sustainable development. It is also an element that, especially in the least developed countries ("LDCs"), has suffered from consistent underperformance. Part I will …

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It's Not Ok: New Zealand's Efforts To Eliminate Violence Against Women, Jorge Contesse, Jeanmarie Fenrich Jan 2008

It's Not Ok: New Zealand's Efforts To Eliminate Violence Against Women, Jorge Contesse, Jeanmarie Fenrich

Fordham International Law Journal

This Report presents the findings of this research effort. It consists of three parts: Part I sets out the normative framework on domestic violence, both at the international and national level, and explains the relevant norms that govern the relationship between Maori and the Crown. Part II begins with a background discussion regarding the level of domestic violence in New Zealand. It then proceeds to detail the problems with the domestic law and implementing regulations addressing domestic violence, both with the law as written and problems with the law and regulations as implemented or enforced, the "implementation gaps." It presents …

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The European Counterterrorist As The Next U.S. Cold Warrior: Why The United States Should Select From The German And British Models Of Procedure, Evidence, And Oversight For National Security Wiretapping, Daniel Saperstein Jan 2008

The European Counterterrorist As The Next U.S. Cold Warrior: Why The United States Should Select From The German And British Models Of Procedure, Evidence, And Oversight For National Security Wiretapping, Daniel Saperstein

Fordham International Law Journal

The War on Terror is not limited to the United States, but rather, requires the cooperation and dedication of European allies which also have suffered from deadly terrorist attacks. A casualty of President Bush's foreign policy at times during his term was the alienation of the United States' traditional European allies which have acquired invaluable experience in counterterrorist operations and strategy stemming from their historical circumstances. This Note will discuss the historical differences between the U.S. and European attention and approaches to counterterrorism to provide a context in which to contrast the spectrum of national security wiretapping procedures, standards of …

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The Distinct Cases Of Kosovo And South Ossetia: Deciding The Question Of Independence On The Merits And International Law, Ronald Thomas Jan 2008

The Distinct Cases Of Kosovo And South Ossetia: Deciding The Question Of Independence On The Merits And International Law, Ronald Thomas

Fordham International Law Journal

The cases of Kosovo and South Ossetia provide two opportunities for the community of nations to reconcile the rights of Serbia and Georgia with the rights of the peoples within their borders. Instead of doing so, other countries used these cases for ideological and political posturing and continued to do so as of the end of 2008. This Note will review Kosovo and South Ossetia and attempt to take the politics out of an inherently political decision-whether or not to recognize them as independent states. Part I of this Note will review how the United Nations has approached the issues …

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