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Full-Text Articles in Law
The Free Trade Area Of The Americas And Smaller Economies, The Most Honourable P. J. Patterson
The Free Trade Area Of The Americas And Smaller Economies, The Most Honourable P. J. Patterson
Fordham International Law Journal
Although the FTAA promises growth and development it still poses real challenges and demands some difficult decisions when attempting to achieve its intended goal of promoting stronger, more dynamic trade, and economic growth in this hemisphere. The concerns are greatest for the smaller and more vulnerable economies. They face the prospect of revenue loss through tariff reduction, job losses through consolidation of production centers in more powerful territories, and the demise of marginal and weak producers. It is for these reasons that attention to the status of smaller economies is essential in the FTAA.
Mercosure, The Free Trade Area Of The Americas, And The Future Of U.S. Hegemony In Latin America, Dr. Mario E. Carranza
Mercosure, The Free Trade Area Of The Americas, And The Future Of U.S. Hegemony In Latin America, Dr. Mario E. Carranza
Fordham International Law Journal
The purpose of this Article is to examine U.S. hegemony in Latin America by looking at the impact of the Free Trade Area of the Americas ("FTAA") negotiations on U.S.-Latin American relations. Does the FTAA process confirm the claim that "since World War II ... the general trend has always been for the United States to exert a great degree of influence over Latin American countries..."? Does it mark the beginning of a new, more balanced relationship between the United States and Latin America, a mature partnership based on reciprocity, mutuality of interests and mutual respect? Alternatively, are the United …
The Just War Ethic In International Law, Joseph C. Sweeney
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 …
Two Roads Diverged In A Yellow Wood: The European Community Stays On The Path To Strict Liability, Josephine Liu
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 …
Confronting Misconceptions And Acknowledging Imperfections: A Response To Khaled Abou El Fadl's "Islam And Democracy", Erik G. Jensen
Confronting Misconceptions And Acknowledging Imperfections: A Response To Khaled Abou El Fadl's "Islam And Democracy", Erik G. Jensen
Fordham International Law Journal
Professor Abou El Fadl's Article, Islam and the Challenge of Democracy, demonstrates the need to move forward with knowledge of the nuance and depth of the historic, philosophic, legal, and theological foundations of both political stasis and political change in Muslim countries. The author comments on three aspects of Khaled Abou El Fadl's paper. First, the author will juxtapose the discourse that Professor Abou El Fadl is stimulating with other perspectives in order to delineate the sets of actors in this debate among Muslims. The author will also argue that “Islamic exceptionalism,” so prominent in post-modern critiques, is unhelpful. Second, …
Shari'ah, Democracy, And The Modern Nation-State: Some Reflections On Islam, Popular Rule, And Pluralism, Sherman A. Jackson
Shari'ah, Democracy, And The Modern Nation-State: Some Reflections On Islam, Popular Rule, And Pluralism, Sherman A. Jackson
Fordham International Law Journal
In this article, the author examines two considerations that are critical to a full and meaningful assessment of the degree to which Islam, and Islamic law in particular, can find authentic expressions of themselves under what may reasonably be considered a democratic form of government. The first of these has to do with the scope of Islamic law, or more properly, the scope of the interpretive authority of Muslim jurists, and whether a State that is governed by Shari‘ah must necessarily give priority to the views of religious scholars over those of all others in every aspect of life. Does …
An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri
An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri
Fordham International Law Journal
In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.
Martyrdom, Suicide, And The Islamic Law Of War: A Short Legal History, Bernard K. Freamon
Martyrdom, Suicide, And The Islamic Law Of War: A Short Legal History, Bernard K. Freamon
Fordham International Law Journal
This Article is concerned with one key aspect of the law of the military jihad: the Islamic concept of martyrdom [shahada or istishhad]. This Article will demonstrate that the current Islamist financing and systematic organization and direction of self-annihilatory acts of violence is only weakly supported, if at all, by the classical sources on martyrdom in Islamic law and jurisprudence. The Article will show that current justifications for self-annihilatory violence are instead the result of a major reinterpretation of the theology and religious law on martyrdom and the military jihad advanced by Shi'ite theologians and jurists in Iraq and Iran …
Penumbras, Privacy, And The Death Of Morals-Based Legislation: Comparing U.S. Constitutional Law With The Inherent Right Of Privacy In Islamic Jurisprudence, Seema Saifee
Fordham International Law Journal
In an effort to separate the Islamic regulatory scheme with respect to the criminalization of consensual sexual conduct from the caricature espoused by many Western thinkers, this Note provides a comparative analysis of the criminalization of private consensual sexual conduct in Islamic law and U.S. constitutional jurisprudence on the right of privacy. Part I provides a brief background of Islamic and U.S. criminal regulations on consensual sex and outlines the evolution of constitutional privacy jurisprudence in the U.S. Supreme Court. Part II first examines the evidentiary and procedural requirements pertaining to the criminalization of consensual sexual intercourse in Islamic law, …
The Member States Of The European Union And Giscard's Blueprint For Its Future, Anthony Arnull
The Member States Of The European Union And Giscard's Blueprint For Its Future, Anthony Arnull
Fordham International Law Journal
The purpose of this Article is to consider the implications for the European Union's (“EU”) Member States of the Draft Union Constitution published in the summer of 2003. The Article begins by briefly describing the process which led to the production of the Draft Treaty and considers the formal status it would enjoy if adopted. The Article then focuses on provisions of the Draft Treaty which: 1. deal with its relationship with the domestic law of the Member States; 2. affect EU decision-making, particularly the functioning of institutions in which the Member States are directly represented at the political level …
The Main Issues After The Convention On The Constitutional Treaty For Europe, John Temple Lang
The Main Issues After The Convention On The Constitutional Treaty For Europe, John Temple Lang
Fordham International Law Journal
It will ultimately be necessary for the European Union (“EU”) to stop simultaneously handling economic issues by the Community method and foreign policy measures by an undemocratic intergovernmental method. When the time comes for a single method to be chosen, it is important for the long-term stability of the Union and for the small Member States, that the Commission and the Community method in operation be suitable. Unfortunately, the result of the proposed Constitution devalues it.
Secession From The European Union: Checking Out Of The Proverbial "Cockroach Motel", Raymond J. Friel
Secession From The European Union: Checking Out Of The Proverbial "Cockroach Motel", Raymond J. Friel
Fordham International Law Journal
This Article examines the likelihood of secession from the Union and whether or not it legally possible. It asks what process would have to be invoked and examines the role and function of a European army in secession and whether such an army may be called upon to intervene to prevent secession. This Article, finally, looks at the current proposals being discussed in regards to reforming the Union.
The Challenges Of Attracting Foreign Investment Into North Korea: The Legal Regimes Of Sinuiju And Gaeseong, Joongi Kim
The Challenges Of Attracting Foreign Investment Into North Korea: The Legal Regimes Of Sinuiju And Gaeseong, Joongi Kim
Fordham International Law Journal
Though still in its infant stages, the process of establishing the Sinuiju Special Administrative Region and the Gaeseong Industrial Complex heralds a tremendous paradigm shift on the part of North Korea. This Essay will seek to analyze the comprehensive legal structure that North Korea has adopted for these regions. It will seek to offer a glimpse into the future of how North Korea will establish similar economic zones throughout the country and, eventually, a market-based economic system across the entire country. This Essay will first offer an overview of the impetus behind North Korea's efforts to develop Sinuiju and Gaeseong. …
The Free Trade Area Of The Americas And Brazil, Ambassador Rubens Antonio Barbosa
The Free Trade Area Of The Americas And Brazil, Ambassador Rubens Antonio Barbosa
Fordham International Law Journal
Describes the importance of Brazil in the FTAA, the reasons for its interest, and the role that it will play in shaping the organization’s future.
Trade, Democracy, And The Ftaa: Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmaier
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.
Sustainable Development In The Negotiation Of The Ftaa, Marie-Claire Cordonier Segger
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 …
The Constitution Of North Korea: Its Changes And Implications, Dae-Kyu Yoon
The Constitution Of North Korea: Its Changes And Implications, Dae-Kyu Yoon
Fordham International Law Journal
Though a departure from mainstream socialist States, a glimpse of North Korea's Constitution can still provide observers with an understanding of how North Korea has undergone and responded to social changes and vicissitudes. Hence, this Essay sets out to do a number of things. First, this study succinctly examines the nature and status of law in North Korea. Second, it reviews the country's constitutional history in sequence, and then, provides a more in depth look into the characteristics of the current Constitution. Conclusions are then drawn from this examination. The goal of this Essay is not to describe the principles …
The Special Economic Zones And North Korean Economic Reformation With A Viewpoint Of International Law, Eric Yong-Joong Lee
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 …