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Full-Text Articles in Law
Admiralty Litigation In Perpetuum: The Continuing Saga Of Package Litigation And Third World Delivery Problems, Chester D. Hooper, Keith L. Flicker
Admiralty Litigation In Perpetuum: The Continuing Saga Of Package Litigation And Third World Delivery Problems, Chester D. Hooper, Keith L. Flicker
Fordham International Law Journal
Certain admiralty cargo issues are litigated frequently, often in search of a magical test which will preclude all further litigation. Three such issues are package limitations, the burden of proving the condition and quantity of cargo stowed within containers, and the point at which the ocean carrier delivers cargo at discharge and thus completes its duties under the contract of carriage. Despite the frequency with which these issues have been litigated, significant disagreement remains among the circuit courts as to their proper resolution. This article will examine the current state of judicial uncertainty in these areas and the indications given …
Banks And The Export Trading Company Act Of 1982, Cary Ferchill
Banks And The Export Trading Company Act Of 1982, Cary Ferchill
Fordham International Law Journal
The changes in United States antitrust laws effected by the Export Trading Company Act of 1982 have received the greatest public attention, probably because of the highly unusual procedure for antitrust immunity certification and the changes in United States antitrust jurisdiction. Given the history of banking law in the U.S, however, the bank investment provisions may prove to be revolutionary. This article will address exclusively the changes in the U.S. banking laws under the Act [The Export Trade Company Act of 1982] and the relevance these changes have on the banking business.
Up In The Air Without A Ticket: Interpretation And Revision Of The Warsaw Convention, James K. Noble Iii
Up In The Air Without A Ticket: Interpretation And Revision Of The Warsaw Convention, James K. Noble Iii
Fordham International Law Journal
This Note will examine the validity of the Convention's objective contract approach to defining "international transportation." Although the Convention's requirements will be discussed separately, the focus will be upon the "regulated contract" and the relationship between article 1 and article 3 of the Convention. The need for revising the Convention will be discussed and a proposal for a new definition of "international transportation" will be made.
Recognizing The Need For International Exclusion Of Pleasure Craft From Limitation Of Liability Statutes, Charles D. Katz
Recognizing The Need For International Exclusion Of Pleasure Craft From Limitation Of Liability Statutes, Charles D. Katz
Fordham International Law Journal
This Note explores the existing limitation laws followed in the United States and other countries and demonstrates that these laws have been applied unjustifiably to pleasure craft. It discusses the proposed limitation alternatives and their treatment of the pleasure craft limitation issue and offers a workable definition of pleasure craft, which can be used as a starting point for abolishing pleasure craft limitation of liability. This Note also discusses the inequities caused to claimants by international disparities in laws regarding pleasure craft limitation and the importance of uniform exclusion of pleasure craft from limitation schemes.
Forum Non Conveniens And Foreign Plaintiffs: Addressing The Unanswered Questions Of Reyno, Maria A. Mazzola
Forum Non Conveniens And Foreign Plaintiffs: Addressing The Unanswered Questions Of Reyno, Maria A. Mazzola
Fordham International Law Journal
This Note explores the current, law regarding forum non conveniens for foreign plaintiffs and examines the law in light of Friends for All Children, Inc. v. Lockheed Aircraft Corp.8 (the Babylift case), which was recently decided by the United States Court of Appeals for the District of Columbia.
Protection Of The High Seas From Operational Oil Pollution: A Proposal, Barney T. Levantino
Protection Of The High Seas From Operational Oil Pollution: A Proposal, Barney T. Levantino
Fordham International Law Journal
The lack of an effective means of preventing oil pollution of the oceans is largely the result of international legal principles which ensure the free use of oceans. Compounding the problem is the fact that flag of convenience registry effectively insulates from regulatory control most vessels that pollute on the high seas, and results in the degredation of the marine environment. Flag of convenience ships are responsible for most operational oil pollution in the high seas which, rather than traumatic oil spills in coastal areas, poses the greatest threat to the environment. Conventions on the high seas currently in force …
Persecution Abroad As Grounds For Withholding Deportation: The Standard Of Proof And The Role Of The Courts, Edward A. Smith Iii
Persecution Abroad As Grounds For Withholding Deportation: The Standard Of Proof And The Role Of The Courts, Edward A. Smith Iii
Fordham International Law Journal
The immigration laws of the United States have long recognized a policy against deporting a person who seeks refuge in the United States, when it appears that person would be subject to persecution following deportation. The Immigration Act of 1952 permitted the Immigration and Naturalization Service to withhold the deportation of any person who could show that he would suffer persecution in the nation to which he would be deported. A similar provision is contained in the UN Protocol Relating to the Status of Refugees. The INS and the courts, having ruled that “no real conflict” existed between the Protocol …
Commercial Dispute Settlement In China-United States Trade: Conciliation In Perspective, Denis Woychuk
Commercial Dispute Settlement In China-United States Trade: Conciliation In Perspective, Denis Woychuk
Fordham International Law Journal
This Note analyzes the Chinese approach to commercial dispute settlement in the context of international contracts. Part I examines article VIII, the dispute settlement portion of the Trade Agreement, and the Chinese procedures for private dispute settlement. Part II discusses the problems of legal uncertainty that exist in the Chinese approach and the prospect of emerging Chinese law. Part III discusses the current importance of conciliation in Chinese dispute settlement, presents a case study of an actual joint conciliation conducted in China, and evaluates the results.
The Separate Interests Test: A New Hurdle In Foreign Entity Classification, Diane Francesca Krausz
The Separate Interests Test: A New Hurdle In Foreign Entity Classification, Diane Francesca Krausz
Fordham International Law Journal
The application of the separate interests test has thus far been attempted only with foreign entities; its acceptance in light of the recent Ninth Circuit decision in the MCA case remains uncertain. In domestic entity classifications, a mechanical analysis continues to be utilized. This Note will introduce the separate interests test, discuss its inconsistencies, and demonstrate how its application may lead to a different result. It will then explore the implications of applying the test retroactively and exclusively to foreign entities. Because the problem addressed by the application of the separate interests test could be more effectively resolved by legislative …
Expanding The Jurisdictional Basis For Transnational Securities Fraud Cases: A Minimal Conduct Approach, Edward A. Taylor
Expanding The Jurisdictional Basis For Transnational Securities Fraud Cases: A Minimal Conduct Approach, Edward A. Taylor
Fordham International Law Journal
This Note examines subject matter jurisdiction in transnational securities fraud cases. The approaches adopted by the circuit courts and the Draft Restatement are critically analyzed, and the language and purpose of the Act are reviewed. A new test for determining subject matter jurisdiction in a United States forum is proposed, which will result in a greater protection of American and foreign investors who purchase and sell securities abroad.
Territorial Claims As A Limitation To The Right Of Self-Determination In The Context Of The Falkland Islands Dispute, Alejandro Schwed
Territorial Claims As A Limitation To The Right Of Self-Determination In The Context Of The Falkland Islands Dispute, Alejandro Schwed
Fordham International Law Journal
This Note will trace the development and present status of the right to self-determination under international law and its applicability to the decolonization of the Falkland Islands. No attempt will be made to determine whether Argentina's claim to sovereignty over the Islands is valid. The focus will be, rather, on whether the right of self-determination as set out by the United Nations can be limited and superseded by competing territorial claims.
United Nations Financing Of The Law Of The Sea Preparatory Commission: May The United States Withhold Payment?, Patrick J. Hynes
United Nations Financing Of The Law Of The Sea Preparatory Commission: May The United States Withhold Payment?, Patrick J. Hynes
Fordham International Law Journal
In this Note, the legal basis of the United States position will be evaluated. After an overview of the events surrounding the controversy, the sources of the General Assembly's budgetary and apportioning authority and the United Nations' budget procedures will be considered. There will follow a discussion of an International Court of Justice advisory opinion upon which both the United States and its opponents rely. Finally, the financial arrangement between the United Nations and the Preparatory Commission (Commission) will be examined in light of the formal relationship between those two bodies.
Argentina's System Of Foreign Investments, Enrique Dahl
Argentina's System Of Foreign Investments, Enrique Dahl
Fordham International Law Journal
The purpose of this article is to provide the practitioner with an understanding of Argentina's foreign investment norms, supply some general information related to this area and, whenever possible, explain how the authorities have applied the law to specific cases. A discussion of the Anglo-Argentine South Atlantic confrontation and its effect on foreign investment is included.
The Territorial Exception To The Act Of State Doctrine: Application To French Nationalization, Carolyn B. Levine
The Territorial Exception To The Act Of State Doctrine: Application To French Nationalization, Carolyn B. Levine
Fordham International Law Journal
This Note reaches the contrary conclusion that the French nationalization of American subsidiaries fits within the territorial exception to the act of state doctrine.
Terrorism As A Tort In Violation Of The Law Of Nations, Eileen Rose Pollock
Terrorism As A Tort In Violation Of The Law Of Nations, Eileen Rose Pollock
Fordham International Law Journal
Part 1 of this Note will attempt a definition of terrorism to determine whether the Tel-Oren attack was a terrorist act. Part II will discuss whether terrorism is a tort in violation of the law of nations for purposes of Alien Tort Statute jurisdiction. Part III will examine United States cases interpreting the term "violation of the law of nations" in the Alien Tort Statute and will then analyze the district court's opinion in Tel-Oren, particularly its holding that Alien Tort Statute jurisdiction requires that the law of nations or a treaty confer a private right of action upon individuals. …
Foreign Intelligence Surveillance: Intelligence Gathering Of Prosecution?, Christine A. Burke
Foreign Intelligence Surveillance: Intelligence Gathering Of Prosecution?, Christine A. Burke
Fordham International Law Journal
This Note considers the permissible uses of information secured through a FISA surveillance in light of the fourth amendment issue raised by Falvey. It concludes that when information is sought for purposes of national security or foreign affairs, the nature of the investigation and the compelling government interest in obtaining the information require fourth amendment standards in some respects different and lower than in ordinary criminal investigations.
Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb
Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb
Fordham International Law Journal
This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will propose new legislation.
Attachment Prior To The Enforcement Of International Arbitral Awards Under The New York Convention, Peter J. Fitzpatrick
Attachment Prior To The Enforcement Of International Arbitral Awards Under The New York Convention, Peter J. Fitzpatrick
Fordham International Law Journal
This Note will analyze the court of appeals decision in Cooper v. Ateliers de la Motobecane, S.A.,and examine the usefulness and suitability of permitting attachments pending arbitration proceedings.
The American Convention On Human Rights: Toward Uniform Interpretation Of Human Rights Law, Timothy M. Mccann
The American Convention On Human Rights: Toward Uniform Interpretation Of Human Rights Law, Timothy M. Mccann
Fordham International Law Journal
This Note explores the sources of law available to the Inter-American Commission and Court. The structure and jurisdiction of the European system for protecting human rights and their relation to the American system are examined first. This Note then reviews some case law and interpretation procedures of the European system and the International Court.
Rejecting The Theism Test In England And The United States In Property Tax Exemption Cases, John E. Jenkins
Rejecting The Theism Test In England And The United States In Property Tax Exemption Cases, John E. Jenkins
Fordham International Law Journal
This Note will examine the tax exemption for property used in religious worship in its English and American settings. Analysis of the scope of the exemption in England will review the history of the exemption and its present application. The discussion of the exemption in the United States will focus on constitutional considerations. The theism test will also be considered in light of the principles underlying the exemption in both countries. The Note will conclude by recommending the analogy test for both England and the United States as an alternative to the theism test.
The Foreign Agents Registration Act: A New Standard For Determining Agency, Yuk K. Law
The Foreign Agents Registration Act: A New Standard For Determining Agency, Yuk K. Law
Fordham International Law Journal
This Note will give an overview of the development, operation and enforcement of FARA. It will then discuss the INAC case and the confusion it is likely to cause among voluntary groups as to their duty to register under FARA. This Note will also discuss how the INAC informative purposes standard will exacerbate current problems in administering FARA. Lastly, this Note will recommend that the INAC standard not be followed.
Characterizing Nationalizations For Purposes Of The Foreign Sovereign Immunities Act And The Act Of State Doctrine, George Kahale, Iii
Characterizing Nationalizations For Purposes Of The Foreign Sovereign Immunities Act And The Act Of State Doctrine, George Kahale, Iii
Fordham International Law Journal
This article will review the traditional approach to nationalization and assess the new theories in light of the FSIA [the Foreign Sovereign Immunities Act of 1976], Alfred Dunhill, Inc. v. Republic of Cuba, 425 U.S. 682 (1976) [Dunhill], and recent case law.
P. Postlewaite & M. Collins, International Individual Taxation, Mark I. Cohen
P. Postlewaite & M. Collins, International Individual Taxation, Mark I. Cohen
Fordham International Law Journal
This is a book review of International Individual Taxation by Postlewaite and Collins. The author argues that the book is an important addition to the tax library of novice and professionals alike.
The Separate Entity Fiction Exposed: Disregarding Self-Serving Recitals Of Juridical Autonomy In Nationalization Cases, Aris Haigian
The Separate Entity Fiction Exposed: Disregarding Self-Serving Recitals Of Juridical Autonomy In Nationalization Cases, Aris Haigian
Fordham International Law Journal
This Note presents the factual setting in which the instant claim arose, and discusses the rulings of the lower courts and the conflicting rationales in light of existing law. In conclusion, it proposes a balancing test incorporating the relevant criteria for consideration in this and like cases.
V.S. Mani, International Adjudication: Procedural Aspects, Gerhard Wegen
V.S. Mani, International Adjudication: Procedural Aspects, Gerhard Wegen
Fordham International Law Journal
International Adjudication presents abundant material, particularly concerning the practice of early mixed claims commissions and tribunals. For that, it is commendable. It may prove significantly helpful for the developing practice of adjudication of claims between states and nationals of other states.
Executive Agreements In The Aftermath Of Weinberger V. Rossi: Undermining The Constitutional Treaty-Making Power, Julie E. Arnold
Executive Agreements In The Aftermath Of Weinberger V. Rossi: Undermining The Constitutional Treaty-Making Power, Julie E. Arnold
Fordham International Law Journal
This Note suggests limiting the use of international agreements which are not treaties. To accomplish this, it determines the proper limits of executive agreements and establishes a procedure by which courts should analyze their constitutional validity.