Law Commons^™

Organized Crime And Corruption In Russia: Implications For U.S. And International Law, Scott P. Boylan

Fordham International Law Journal

This Essay discusses organized crime and corruption in Russia and their effects on US businesses and US foreign policy. This Essay recommends that US businesses operating in Russia take steps to ensure that their local offices and representatives in Russia are not violating the anti-bribery laws of the United States. This Essay also recommends that the US Government create a procedure for Russian and foreign businesses, in cooperation with the Russian Government, for reporting requests for bribes from Russian Government officials. Finally, this Essay recommends that US anti-bribery laws be amended to provide US businesses with the right to commence …

Restructuring Rules Of Origin In The U.S.-Israel Free Trade Agreement: Does The Ec-Israel Association Agreement Offer An Effective Model?, Allan S. Galper

Fordham International Law Journal

This Note argues that the rules of origin in the U.S.-Israel FTA must be reformed to improve the opportunities for trade between the United States and Israel and to facilitate greater economic cooperation among the countries in the Middle East. Part I discusses the benefits of FTAs, presents the rules of origin that the United States uses in different agreements, including the current U.S.-Israel FTA, and examines the European Community's rules of origin and the rules of origin in the EC-Israel FTA. Part II examines the recently-concluded EC-Israel Association Agreement and compares its rules of origin to those in the …

The Collapse Of Communism And The Future Of The Korean Peninsula, Stephen J. Solarz

Fordham International Law Journal

Initially rent asunder by the fortunes of the Second World War, the division of North and South Korea into two separate countries was solidified by the Korean War. North of the 38th parallel, the Democratic People's Republic of Korea ("DPRK") became a totalitarian dictatorship based on a command economy. South of the 38th parallel, the Republic of Korea evolved into a liberal democracy with a market economy. For much of the last fifty years, these arrangements seemedto be almost as unchangeable and enduring as the Cold War itself. Yet, the disintegration of the Soviet Union, and the subsequent elimination of …

Personal Data Security: Divergent Standards In The European Union And The United States, Amy Fleischmann

Fordham International Law Journal

This Note argues that the U.S. Government should discontinue all attempts to establish EES as the de facto encryption standard in the United States because the economic disadvantages associated with widespread implementation of EES outweigh the advantages this advanced data security system provides. Part I discusses the EU's legislative efforts to ensure personal data security and analyzes the evolution of encryption technology in the United States. Part II examines the methods employed by the U.S. Government to establish EES as the de facto U.S. encryption standard. Part III argues that the U.S. Government should terminate its effort to establish EES …

Europol: The Culmination Of The European Union's International Police Cooperation Efforts, Francis R. Monaco

Fordham International Law Journal

This Comments argues that the Europol Convention will be an effective and workable mechanism for countering international crime within the European Union, and therefore should be ratified by Member States. Part I discusses the theoretical basis for international police cooperation, and analyzes the agreements and initiatives among EU Member States which predate Europol. Part II examines the obstacles that have delayed the completion of the Europol Convention, as well as the particular aspets of the Convention that may delay or prevent its ratification. Part III argues that existing EU Member States' agreements permit Europol to contribute substantially to EU police …

The Security Situation In East Asia And The Pacific And Japan's Role & Japan-U.S. Joint Declaration On Security, Kunihiko Saito

Fordham International Law Journal

After the end of the Cold War, a number of welcome indications, such as attaining peace in Cambodia and the admission of Vietnam to ASEAN membership, signaled that the Asian-Pacific region was headed into a more predictable era. The Asian countries were becoming more mature politically, and this political stability in turn engendered eye-opening economic growth. However, the end of the Cold War in and of itself, did not remove any of the various causes of tension and confrontation in Asia. In northeastern Asia in particular, destabilizing factors continue to exist unabated: a divided nation remains, territorial disputes continue, a …

Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris

Fordham International Law Journal

This Essay first reviews the recent initiatives on fighting international crime and then suggests the need for a regional initiative on international criminal cooperation and criminal justice. The Author makes the proposal almost ten years after suggesting the establishment of the Inter-American Drug Abuse Control Commission (“CICAD”), whose creation was suggested as the precursor to a more comprehensive Americas Committee on Crime Problems.

International Law's Contribution To Security In The Post-Cold War Era: From Functional To Political And Beyond, Matthew H. Adler

Fordham International Law Journal

This Essay discusses the progress that has been made in the post-Cold War world to bring international law’s contribution to political areas into line with its longstanding contribution to functional ones. It uses three issues—human rights and the commission of war crimes; international trade; and the use of force by States—to show how international law has been used to achieve concrete results and to highlight the challenges that remain.

Corporate Initiatives: A Second Human Rights Revolution?, Douglass Cassel

Fordham International Law Journal

This Essay examines the role of multinational corporations in protecting human rights around the globe. Part I analyzes the conduct of corporations, describes examples of corporations' involvement in human rights violations, and discusses the merits of greater responsibility of corporations. Part II suggests that the level of responsibility for a multinational corporation depends on the proximity of the corporation's operations to human rights violations, in combination with the seriousness of the violations, and proposes five gradations of responsibility. This Essay concludes that the evolving nature of the global economy is producing a shift in responsibilities from government to the private …

The International Law Commission's First Ten Draft Articles On The Law Of The Non-Navigational Uses Of International Watercourses: Do They Adequately Address All The Major Issues Of Water Usage In The Middle East?, Kevin P. Scanlan

Fordham International Law Journal

This Note argues that the first ten articles of the ILC's Draft Articles constitute a significant initial step in solving Middle Eastern water problems. This Note further argues that the ILC's failure to include provisions regulating the use of groundwater render the Draft Articles an incomplete framework for Middle Eastern states to rely upon when framing their own agreements. Part I discusses the historical significance of water, both economically and as a means of sustenance, and its effects on political relations between states that share a water source. Part I also examines the current supply of water in the Middle …

Legal And Structural Hurdles To Achieving Political Stability And Economic Development In The Palestinian Territories, Keith C. Molkner

Fordham International Law Journal

As the institutions of Palestinian self-government have evolved, it has become increasingly apparent that the principal challenge for Palestinian decision-makers will be to establish structural and legal bases for the emergence of a civil society and a dynamic economy. The hurdles that confront Palestinian decision-makers in this regard are considerable, and may be divided into two groups. First, Palestinian leaders must recognize and resolve the “structural” challenges reflected in the political and economic realities imposed by current events. These include the peace process with Israel, the creation of the Palestinian National Authority (“PNA”), and the more recent creation of the …

The Rule Of Law Over The Law Of Rulers: The Treatment Of De Facto Laws In Argentina, Tim Dockery

Fordham International Law Journal

This Note argues that Argentina's acceptance of de facto laws, regardless of their nature, hinders the transition to democracy, a factor that outweighs considerations for the public's expectations of rights vested by de facto laws. Part I analyzes Argentina's political history, particularly the nation's experiences with constitutional and de facto governments. Part I also offers a synopsis on how the Argentine Supreme Court has treated de facto laws throughout the Republic's history. Part II presents arguments supporting the legitimacy of de facto laws and the need to protect expectations based upon them. Part II also examines arguments positing that de …

The Use Of Force In A United Nations Peace-Keeping Operation: Lessons Learnt From The Safe Areas Mandate, Yasushi Akashi

Fordham International Law Journal

The United Nations Protection Force for the former Yugoslavia ("UNPROFOR" or "Force") was established to deter attacks on the safe areas with the use of force, to promote the withdrawal of non-Government forces from the area, and to safeguard the delivery of humanitarian aid. UNPROFOR's experience in Bosnia, particularly in the safe areas, provides a cautionary lesson on the limits of the use of force when sustained political will to back such force, and a willingness to accept the responsibilities and consequences arising from such action, do not exist.

Reconciliation: Applying Historical Lessons To Modern Conflicts, Lord David Owen

Fordham International Law Journal

Some argue that the need for reconciliation to override justice particularly applies in civil wars. Within the ICFY, all draft peace settlements and countless bilateral and trilateral statements signed by the parties have included a condemnation of ethnic cleansing and a declaration that any documentation signed under duress is null and void. This author believes that demonstrating to the world again that there are international laws governing individual conduct during war will contribute to the process of reconciliation in the former Yugoslavia and send a wider message to the world as a whole. This is the reconciliation process.

The Inter-American Convention On The Law Applicable To International Contracts: Another Piece Of The Puzzle Of The Law Applicable To International Contracts, Susie A. Malloy

Fordham International Law Journal

This Note argues that the United States should not adopt the ICLAIC in its present form because doing so will compromise the existing U.S. framework for U.S. contract law. Part I discusses the current legal framework of contracts for the sale of goods in the United States, including: the major provisions of the United Nations Convention on Contracts for the International Sale of Goods and Article 2 of the Uniform Commercial Code. Part II discusses the three principal objectives of the ICLAIC by analyzing its Preamble and illustrating the provisions intended to accomplish these goals. Part III recognizes the theoretical …

The Destruction Of Yugoslavia, Svetozar Stojanovic

Fordham International Law Journal

If my statement about the first Yugoslavia being in many ways a non-synchronized and contradictory state is correct, what then can be said about the second Yugoslavia that endeavored, by keeping silent, to fill in the fatal fissure opened in Jasenovac and other places of annihilation of Serbs in the so-called Independent State of Croatia during the Second World War? For that reason, the former intermediator of the "international community" in Yugoslav conflicts, Lord Carrington, has repeatedly stated that with its new Constitution, Croatia rekindled the conflict with the Serbs. The essay will begin by discussing discuss the paralization to …

The Quest For A Bosnian Constitution: Legal Aspects Of Constitutional Proposals Relating To Bosnia, Paul C. Szasz

Fordham International Law Journal

The analogue in international politics is the three-party conflict in Bosnia-Herzegovina, a quagmire in which first Europe and then the entire world have become stuck. The complexity of the problem reflects not only the intensity of the hatreds that have been fanned between the parties and must now be accounted for in any solution, but that two of the primary parties have immediate support in neighboring countries that also have their own bilateral problems to resolve; furthermore, each of these actors has, for historical or other motives, its own important patrons among the leading powers of the world. This Essay …

The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor

Fordham International Law Journal

Peace-keeping today is in flux, if not in crisis. Two sets of powerful images - one reflective of the limitations of international peace-keeping in situations where there is no peace to keep, the other seemingly demonstrating the potential of the use of force to promote peace in the same situation - frame the context of this discussion. If peace-keeping is to serve as a useful instrument in the maintenance of international peace and security, it needs conceptual clarity, political support, and financial resources. For peace-keeping to remain effective in a changing world, its credibility must not be jeopardized by the …

Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves

Fordham International Law Journal

This Article reviews the Uruguay Round Agreements and examines the implications of this new multilateral trading system on U.S. sovereignty. Specifically, this Article reviews the new dispute settlement process and the relevant U.S. legislation. Part I provides an overview of the Uruguay Round Agreements. It reviews the Agreement Establishing the WTO and the Understanding on Rules and Procedures Governing the Settlement of Disputes. Part II provides an overview of the U.S. implementing legislation. Part III reviews the proposed Dispute Settlement Review Commission. Part IV examines the implications of the Uruguay Round Agreements on U.S. sovereignty. Specifically, it analyzes the impact …

Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler

Fordham International Law Journal

This Article analyzes the Investment Law and its prospects for encouraging foreign businesses to invest in Gaza and the West Bank (collectively, "Palestinian Territories"). A brief analysis of the importance of foreign private investment to the peace process between Israel and the Palestinian Liberation Organization, and the progress made towards attracting such investment in Gaza and the West Bank since the September 1993 signing of the Declaration of Principles on Interim Self-Government Arrangements, serves as a prelude to a detailed examination of the text of the Investment Law. The author then compares the Investment Law to the latest international practices …

Informed Choice And Population Policy: Do The Population Policies Of China And The United States Respect And Ensure Women's Right To Informed Choice?, L. M. Cirando

Fordham International Law Journal

This Note argues that, in light of the veiws emphasized at the Cairo Conference, the population policies of China and the United States violate women's rights by denying women the opportunity to make voluntary choices regarding child-bearing and fertility regulation. Part I discusses the involvement of the United Nations with population policy-making and summarizes two U.N.-sponsored international population policy action plans. Part II presents the population policies of China and the United States, examines their rationales for implementation, and explains how the policies affect women's reproductive choices. Part III argues that the population policies of China and the United States …

Who Will Guard The Guardians?, Elie Wiesel

Fordham International Law Journal

Introduction: In the former Yugoslavia, in certain parts of the former Soviet empire, in Sri Lanka, in India and in Nigeria and, of course, in the Middle East blood continues to flow. One only has to look at Bosnia: in the past the soldiers of Radovan Karadzic amused themselves by ridiculing the Blue Berets - the United Nations peacekeepers. Why not admit it? We have simply failed to intervene quickly enough to stop past crimes.

Today, the greatest danger that threatens the world is fanaticism. By the time we are aware of it, it is already too late. At what …

Informed Choice And Population Policy: Do The Population Policies Of China And The United States Respect And Ensure Women's Right To Informed Choice?, L. M. Cirando

Fordham International Law Journal

This Note argues that, in light of the veiws emphasized at the Cairo Conference, the population policies of China and the United States violate women's rights by denying women the opportunity to make voluntary choices regarding child-bearing and fertility regulation. Part I discusses the involvement of the United Nations with population policy-making and summarizes two U.N.-sponsored international population policy action plans. Part II presents the population policies of China and the United States, examines their rationales for implementation, and explains how the policies affect women's reproductive choices. Part III argues that the population policies of China and the United States …

The Taxation Of Deferred Compensation Under I.R.C. § 864(C)(6) And Income Tax Treaties: A Rose Is Not Always A Rose, Meenakshi Ambardar

Fordham International Law Journal

This Comment argues that Section 864(c)(6) taxes the deferred income of all nonresident aliens, whether independent contractors or dependent employees, by analyzing the tax treatment of nonresident aliens subject to the Dutch and Swiss Treaties. Part I discusses the general rules for taxing aliens for compensation earned in the United States. Part II discusses TAMRA's amendments to the Code sections that are relevant to tax treaties. Part III argues that while the language of Section 864(c)(6) is ambiguous, its legislative history and the principles of other Code sections indicate that Section 864(c)(6) provides for a net tax of a nonresident …

Ec Competition Law In The Telecommunications, Media, And Information Technology Sectors, Herbert Ungerer

Fordham International Law Journal

The application of European Community (“EC”) competition law to the telecommunications, media, and information technology sectors must be examined in the general context of the rapid evolution of markets and, therefore, policies in these sectors. The competitive behavior of companies is largely conditioned by the positions companies have taken in response to the rapid changes in market and regulatory conditions. Potentially anticompetitive behavior generated by these rapid changes poses new challenges for EC competition policy. In addition, the required adjustment of the competitive framework and, in particular, the role played by EC competition rules in eliminating existing monopolies, are creating …

The Bosman Case: Protecting Freedom Of Movement In European Football, Andrew L. Lee

Fordham International Law Journal

This Comment argues that the IGC should reject proposals to exempt sports associations from Community law, because freedom of movement for workers is a strictly protected right of fundamental importance to the European Union and because the public's interest in sport and the sporting associations' interest in maintaining financial and competitive balance between clubs are better served by alternatives to the transfer system that do not obstruct freedom of movement. Part I discusses the importance of the common market in the European Union and outlines Community law designed to maintain the common market. Part I also discusses application of those …

Who Will Guard The Guardians?, Elie Wiesel

Fordham International Law Journal

Introduction: In the former Yugoslavia, in certain parts of the former Soviet empire, in Sri Lanka, in India and in Nigeria and, of course, in the Middle East blood continues to flow. One only has to look at Bosnia: in the past the soldiers of Radovan Karadzic amused themselves by ridiculing the Blue Berets - the United Nations peacekeepers. Why not admit it? We have simply failed to intervene quickly enough to stop past crimes.

Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque

Fordham International Law Journal

This review critiques "The International Law on the Rights of the Child" by Professor Van Bueren.

Aron Broches, Selected Essays: World Bank, Icsid And Other Subjects Of Public And Private International Law, Victor Essien

Fordham International Law Journal

This book contains twenty-five essays and is divided into six parts: (1) the International Bank for Reconstruction and Development; (2) Registration of Treaties and International Agreements; (3) the International Center for the Settlement of Investment of Disputes; (4) International Commercial Arbitration; (5) Investment Disputes; and (6) a section devoted to miscellaneous topics.

The Inter-American Convention On The Law Applicable To International Contracts: Another Piece Of The Puzzle Of The Law Applicable To International Contracts, Susie A. Malloy

Fordham International Law Journal

This Note argues that the United States should not adopt the ICLAIC in its present form because doing so will compromise the existing U.S. framework for U.S. contract law. Part I discusses the current legal framework of contracts for the sale of goods in the United States, including: the major provisions of the United Nations Convention on Contracts for the International Sale of Goods and Article 2 of the Uniform Commercial Code. Part II discusses the three principal objectives of the ICLAIC by analyzing its Preamble and illustrating the provisions intended to accomplish these goals. Part III recognizes the theoretical …