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Full-Text Articles in Law
Extraterritorial Jurisdiction Under The Third Restatement Of Foreign Relations Law Of The United States, Kathleen Hixson
Extraterritorial Jurisdiction Under The Third Restatement Of Foreign Relations Law Of The United States, Kathleen Hixson
Fordham International Law Journal
This Note argues that the Restatement Third provisions fail to provide a precise outline of jurisdictional boundaries as generally accepted by the international community. Part I analyzes the jurisdictional provisions in the Restatement Second and contrasts them with corresponding sections in the Restatement Third. Part II examines issues that have arisen under the Restatement Second jurisdictional scheme. Part III examines those same issues in light of the Restatement Third modifications. This Note concludes that the Restatement Third provisions limiting extraterritorial prescriptions function as abstention principles developed by the U.S. judiciary, and that in order to determine the outermost limits of …
Guide To Debt Equity Swaps (Rubin Ed.), Daniel Schloendorn
Guide To Debt Equity Swaps (Rubin Ed.), Daniel Schloendorn
Fordham International Law Journal
The Guide to Debt Equity Swaps (the “Guide”), provides an excellent introduction to anyone seeking to understand why swap programs have proliferated throughout the developing countries, the variety of forms they have taken, and what they portend for the future. The Guide is divided into two segments. The first segment consists of a series of articles authored by a panel of experts in a variety of disciplines, while the second segment furnishes an in-depth analysis of the most significant debt-equity conversion programs.
Access To Justice: Individual Undertakings And Eec Antitrust Law--Problems And Pitfalls, Federico Mancini
Access To Justice: Individual Undertakings And Eec Antitrust Law--Problems And Pitfalls, Federico Mancini
Fordham International Law Journal
In this article, the author deals with a number of aspects connected to the theme of access to justice and in so doing refers in particular to the most recent disputes that have been brought before the Court of Justice in Luxembourg. The author argues that there is a need to establish clearly, at the outset, the preconditions that natural or legal person must satisfy before they can turn to the Community Court in order to obtain judicial review both of measures taken by the Commission or of the reasons for the Commission’s failure to act.
The Reciprocity Requirement Of The Second Banking Directive Of The European Economic Community, Michael Gruson, Werner Nikowitz
The Reciprocity Requirement Of The Second Banking Directive Of The European Economic Community, Michael Gruson, Werner Nikowitz
Fordham International Law Journal
This article discusses the revised Article 7(4) of the European Communities' Proposal for a Second Council Directive on the Coordination of Laws, Regulations and Administrative Provisions Relating to the Taking-up and Pursuit of the Business of Credit Institutions. The article argues that the revision of the proposal for the Second Directive by the Commission of the European Communities will mainly have two effects. First, the Commission's review procedure will no longer be on a case-by-case basis, but on a country-by-country basis; the Commission will no longer interfere with an individual authorization procedure before the competent authorities of a Member State. …
Regulatory Aspects Of Devloping Nation Debt-Equity Swaps, J. Michael Shepherd, Edwin H. Clock
Regulatory Aspects Of Devloping Nation Debt-Equity Swaps, J. Michael Shepherd, Edwin H. Clock
Fordham International Law Journal
This article discusses and analyzes three distinct legal doctrines available to the Office of the Comptroller of the Currency (the “OCC” or the “Office”) to issue policy statements and interpretive letters enabling banks to participate in transactions designed to restructure developing-country debt. Additionally, this article comments on Regulation K, promulgated by the Federal Reserve Board (the “Board”), which the Board twice amended in recent months to grant U.S. banks more investment flexibility in foreign operations.
Delimitation Of The Continental Shelf In The Aegean Sea, Aurelia A. Georgopoulos
Delimitation Of The Continental Shelf In The Aegean Sea, Aurelia A. Georgopoulos
Fordham International Law Journal
This note argues that the continental shelf between Greece and Turkey should be delimited under general principles of international law. Part I discusses the present dispute and its historical underpinnings. Part II examines the relevant treaty and customary international law applicable to continental shelf delimitations. Part III analyzes the positions of the parties and proposes a solution under principles of customary international law. This Note concludes that the continental shelf should be delimited by drawing a median line between the two states giving half effect to Eastern Islands and then adjusting the line to avoid enclaving them.
The Second Banking Directive Of The European Economic Community And Its Importance For Non-Eec Banks, Michael Gruson, Werner Nikowitz
The Second Banking Directive Of The European Economic Community And Its Importance For Non-Eec Banks, Michael Gruson, Werner Nikowitz
Fordham International Law Journal
This article discusses the revised Article 7(4) of the European Communities' Proposal for a Second Council Directive on the Coordination of Laws, Regulations and Administrative Provisions Relating to the Taking-up and Pursuit of the Business of Credit Institutions. The article argues that the revision of the proposal for the Second Directive by the Commission of the European Communities will mainly have two effects. First, the Commission's review procedure will no longer be on a case-by-case basis, but on a country-by-country basis; the Commission will no longer interfere with an individual authorization procedure before the competent authorities of a Member State. …
The New Eec Block Exemption Regulation On Franchising, Jean-Eric De Cockborne
The New Eec Block Exemption Regulation On Franchising, Jean-Eric De Cockborne
Fordham International Law Journal
This article discusses regulation of franchising within the European Community and its effect on competition policy. In part I the author gives a general presentation of the regulation, in part II the author discusses the scope of the regulation, in Part III the author discusses the substantive provisions of the regulation, and in the Conclusion the author suggests potential solutions.
Forum Selection In Maritime Bills Of Lading Under Cogsa, Kenneth M. Klemm
Forum Selection In Maritime Bills Of Lading Under Cogsa, Kenneth M. Klemm
Fordham International Law Journal
This Note argues that forum selection should not be invalid per se in bills of lading governed by COGSA. Part I reviews the history of COGSA including previous legislation that regulated bills of lading. Part II examines the decisions by the courts on forum selection in maritime bills of lading. Part III argues that a forum non conveniens analysis in the context of a valid forum selection clause provides courts with the necessary discretion to decide whether or not to accept jurisdiction of a case. The Note concludes that forum selection clauses in COGSA bills of lading should be valid …
"Opening" Pandora's Box: The Status Of The Diplomatic Bag In International Relations, Christine M. Nelson
"Opening" Pandora's Box: The Status Of The Diplomatic Bag In International Relations, Christine M. Nelson
Fordham International Law Journal
This Note argues that article 27 [of the Vienna Convention on Diplomatic Relations] provides for the absolute inviolability of the diplomatic bag. Part I discusses the history of the Vienna Convention and its provisions concerning the diplomatic bag. Part II sets forth instances of abuse of the diplomatic bag, proposed remedies, and the arguments in favor of such remedies. Part III suggests that the proper construction of article 27 of the Vienna Convention is that the diplomatic bag is absolutely inviolable and, thus, immune from nonintrusive examinations. This Note concludes that the status of the bag should be reconsidered in …
The Turnover Of Assets Under Section 304 Of The Bankruptcy Code: The Virtues Of Comity, Gary Perlman
The Turnover Of Assets Under Section 304 Of The Bankruptcy Code: The Virtues Of Comity, Gary Perlman
Fordham International Law Journal
This Note argues that U.S. courts should favor comity in evaluating requests for the transfer of assets. Part I examines the treatment of foreign debtors in U.S. bankruptcy law, prior to and through the development and implementation of the [Bankruptcy] Code. Part II analyzes the conflicting approaches adopted by courts in determining whether to grant turnover requests. Part III proposes the benefits of adhering to principles of comity in deciding turnover requests. The Note concludes that broad application of the comity to requests for the transfer of property facilitates both the equitable distribution of assets among similarly-situated creditors and the …
Neale & Stephens, International Business And National Jurisdiction, Marsha Cope Huie
Neale & Stephens, International Business And National Jurisdiction, Marsha Cope Huie
Fordham International Law Journal
This book differs from existing works on extraterritorial scholarship by its focus, thoughtful analysis and scholarly approach, and balanced view of the U.S. stance on extraterritorial jurisdiction.
United Nations Convention On Contracts For The International Sale Of Goods: Creating Uniformity In International Sales Law, Maureen T. Murphy
United Nations Convention On Contracts For The International Sale Of Goods: Creating Uniformity In International Sales Law, Maureen T. Murphy
Fordham International Law Journal
This Note argues that it is essential to the success of the Sale of Goods Convention that the current controversy regarding exclusions be resolved uniformly by all ratifying nations. Part I discusses the negotiations that led to the Sale of Goods Convention’s exclusion provision. Part II identifies the Sale of Goods Convention’s primary goal of uniformity and the arguments promoting implied exclusions. Part III examines the arguments favoring express exclusions. This Note concludes that a uniform resolution allowing only express exclusions would be most consistent with the overriding principles of the Sale of Goods Convention.
Unrecognized Foreign Sovereign Court Access After National Petrochemical Co. Of Iran V. M/T Stolt Sheaf, Jonas E. Herbsman
Unrecognized Foreign Sovereign Court Access After National Petrochemical Co. Of Iran V. M/T Stolt Sheaf, Jonas E. Herbsman
Fordham International Law Journal
This Comment argues that, in cases where a government that the executive branch has not formally recognized seeks access to a U.S. court, the court should defer to executive branch judgment. Part I of this Comment reviews the development of the case law on foreign governments binging suit in U.S. courts. Part II discusses the Second Circuit’s decision in National Petrochemical Co. of Iran v. The M/T Stolt Sheaf. Part III argues that determination of court access for a government not recognized formally by the United States is an executive branch function and should not be replaced by a court …
The Eec-Mexican Agreement: Time For Reevaluation?, Therese M. Woods
The Eec-Mexican Agreement: Time For Reevaluation?, Therese M. Woods
Fordham International Law Journal
This Note argues that the EEC and Mexico should modify their current agreement. Part I examines the terms of the EEC-Mexican Agreement. Part II discusses the changing economic factors in the EEC and Mexico that dictate the need for a new agreement. Part III suggests modification of the EEC-Mexican Agreement to enhance the economic relationship between the EEC and Mexico. The Note concludes that the EEC, the second largest trading bloc in the world, should offer Mexico greater cooperation to enable Mexico to expand its non-petroleum exports and thereby modernize its industrial capacity. A new agreement with specific provisions designed …
U.S.-Canadian Relations Regarding Diversions From An International Basin: An Analysis Of Article Ii Of The Boundary Waters Treaty, Tim A. Kalavrouziotis
U.S.-Canadian Relations Regarding Diversions From An International Basin: An Analysis Of Article Ii Of The Boundary Waters Treaty, Tim A. Kalavrouziotis
Fordham International Law Journal
This Note argues that article II of the Boundary Waters Treaty, when applied, has failed to resolve international water disputes between the United States and Canada. Part I of this Note examines the history of the negotiations and the text of the Treaty. Part II reviews the subsequent application of article II to international water disputes. Part III analyzes recent U.S. proposals to divert water from Lake Michigan to drought-stricken areas in the context of the Treaty and customary international water law. This Note concludes that article II of the Boundary Waters Treaty is inadequate to resolve water disputes between …
The Independent Importer's Right Of Review Of Antidumping Regulations Before The Court Of Justice Of The European Communities, Meg A. Mataraso
The Independent Importer's Right Of Review Of Antidumping Regulations Before The Court Of Justice Of The European Communities, Meg A. Mataraso
Fordham International Law Journal
This Note argues that the Court should interpret the EEC Treaty to admit actions brought by independent Community importers. Part I of this Note examines the structure of Community antidumping proceedings. Part II sets forth the two methods that permit private parties to seek judicial review of antidumping regulations. Part III argues that admission to the Court should not be restricted so as to exclude independent importers. This Note concludes that allowing independent importers to challenge directly antidumping regulations is necessary to provide equality of treatment, and that such actions neither undermine the Community policy nor destroy the structure of …
Back To The Market: The Debt Problem In Legal Perspective, Karl M. Meessen
Back To The Market: The Debt Problem In Legal Perspective, Karl M. Meessen
Fordham International Law Journal
This article argues that the debt problem can be attributed to the failure on the part of those who operated the huge market of recycled petro-dollars in the late 70s and early 80s. The author then discusses how reinforcement of a decentralized decision-making system depends on three factors; transparency, market entry, and confining state regulation.
National Anti-Competitive Legislation And Community Law, René Joliet
National Anti-Competitive Legislation And Community Law, René Joliet
Fordham International Law Journal
This article examines multiple cases from the Court of Justice of the European Communities regarding national anti-competitive legislation and the need for the Court to gradually lay down rules of law.
The European Community's Environmental Policy: A Case-Study In Federalism, Auke Haagsma
The European Community's Environmental Policy: A Case-Study In Federalism, Auke Haagsma
Fordham International Law Journal
This article will examine the European Community’s environmental policy and how spill-over effects in that area led to a transfer of powers from the Member-State to the Community level. It will also examine the manner in which governmental functions in this area are distributed between the two levels and, thus, whether the characteristics of a federal structure can be discerned.
Investment Funds And Debt-Equity Swaps: Broadening The Base Of A New Financial Tool, Stephen M. Wallenstein, James R. Silkenat
Investment Funds And Debt-Equity Swaps: Broadening The Base Of A New Financial Tool, Stephen M. Wallenstein, James R. Silkenat
Fordham International Law Journal
This article first examines the emergence of several new market-oriented mechanisms that could help relieve both the ominous “debt overhang” confronting many developing countries and equally ominous financial exposure of commercial banks. Prominent among these mechanisms are debt-equity swaps (or debt-for-equity conversions), which are examined in this article with a view of assessing their potential impact on the economic outlook for a number of developing countries. Particular emphasis will be placed in this article on the recent establishment of investment funds with debt-equity conversion framework and on the differences between these funds and the more traditional country-fund approach that has …
Law And Post-Apartheid South Africa, Winston P. Nagan
Law And Post-Apartheid South Africa, Winston P. Nagan
Fordham International Law Journal
This Article examines South African perspectives on the legal system within South Africa post-Apartheid, in particular the new focus on human rights.
The Case Of The Sarah: A Testing Ground For The Regulation Of Radio Piracy In The United States, Howard A. Bender
The Case Of The Sarah: A Testing Ground For The Regulation Of Radio Piracy In The United States, Howard A. Bender
Fordham International Law Journal
This Note argues that the United States currently lacks jurisdiction to prevent off-shore broadcasts by U.S citizens on foreign-registered ships. Part I reviews the problems created by these ‘radio pirates' in the United States and the United Kingdom. Part II analyzes current federal law, international admiralty law, and the ITC, none of which authorize the seizure of a foreign-registered ship. Part III proposes that sections of the British Marine, &c., Broadcasting (Offences) Act (the ‘MBOA’) be used as a model for legislation in this area. This Note concludes that Congress should enact legislation allowing the FCC to enforce prohibitions on …
Judicial Review Of State Action By International Courts, Dinah L. Shelton
Judicial Review Of State Action By International Courts, Dinah L. Shelton
Fordham International Law Journal
This Article examines judicial review of state action by international courts, in particular inter-American institutions.
Boureslan V. Aramco: Equal Employment Opportunity For U.S. Citizens Abroad, Lucien A. Moolenaar Iii
Boureslan V. Aramco: Equal Employment Opportunity For U.S. Citizens Abroad, Lucien A. Moolenaar Iii
Fordham International Law Journal
This Comment argues that prevailing principles of statutory construction compel the application of Title VII to the employment of U.S. citizens abroad by U.S. employers. Part I summarizes the factual background and legal analysis of the Boureslan [v. Aramco] decision. Part II examines the legal principles that govern the extraterritorial application of U.S. statutes. Part III argues that Congress intended Title VII to apply abroad and that international law permits such application. The Comment concludes that extraterritorial application of Title VII is necessary to secure all U.S. citizens the freedoms that Congress intended.
The Modern Trend Towards Exclusion Of Recourse Against Transnational Arbitral Awards: A European Perspective, Klaus Peter Berger
The Modern Trend Towards Exclusion Of Recourse Against Transnational Arbitral Awards: A European Perspective, Klaus Peter Berger
Fordham International Law Journal
This Article will analyze this trend [the liberal tradition in international commercial arbitration] and attempt to assess its impact on the efficiency of international commercial arbitration as a viable alternative to litigation before the national judiciary. Where appropriate, the new laws will be compared to the UNCITRAL Model Law (the "Model Law"), today's archetype of modern commercial arbitration laws. Finally, this Article will focus on the possible influence of the new laws on arbitration laws of other states, taking the Federal Republic of Germany as an illustrative example.
The Plo Observer Mission Dispute: An Argument For U.S. Compliance With The U.N. Headquarters Agreement, Jeffrey L. Shore
The Plo Observer Mission Dispute: An Argument For U.S. Compliance With The U.N. Headquarters Agreement, Jeffrey L. Shore
Fordham International Law Journal
This Note argues that the United States must comply with its responsibilities under the Headquarters Agreement, especially its obligation to arbitrate disputes. Part I discusses the negotiations and subsequent interpretations of the Headquarters Agreement. Part II examines the dispute that arose when the United States enacted the ATA. Part III argues that both domestic law and international law require that the United States abide by the dispute settlement clause of the Headquarters Agreement. This Note conclude that the United States must demonstrate respect for its obligations under the Headquarters Agreement, in addition to other U.N.-related obligations, or its status as …
Janis, An Introduction To International Law, Peter Lake
Janis, An Introduction To International Law, Peter Lake
Fordham International Law Journal
Professor Janis has succeeded in offering a comprehensive and accessible treatise that undoubtedly will be used as a basic text in introductory courses on international law.