Open Access. Powered by Scholars. Published by Universities.®
Articles 31 - 47 of 47
Full-Text Articles in Law
Asking The Tiger For His Skin: Rights Activism In China, Eva Pils
Asking The Tiger For His Skin: Rights Activism In China, Eva Pils
Fordham International Law Journal
Based on a discussion of consequentialist, pragmatist, and deontological forms of reasoning as applied in debates about Chinese rights-defending, this Article makes two related observations. First, some Chinese rights defenders assess actions merely by whether they will promote institutional reform. They may reject courses of action because they would consider themselves responsible for their bad consequences, such as official reprisals. Their attitude puts them in danger of blinding themselves to the limits of legal reform in China's current constitutional and political structure. Second, according to the more radical view also described here, the case for speaking out against certain wrongs …
Industrial Policy And Competition Law And Policy, Neelie Kroes
Industrial Policy And Competition Law And Policy, Neelie Kroes
Fordham International Law Journal
This afternoon - and it's nearly evening - I would like us to try to rethink industrial policy. I think it makes no sense to speak of industrial policy and competition policy as distinct, one from the other, let alone as antagonistic policies. I would rather define industrial policy as one which frames the structural conditions necessary to ensure economic success in a globalizing economy. I therefore have no qualms in saying that competition policy should form a central plank in any industrial policy. As a member of the European Commission, I will focus my comments on the interconnect between …
Some Thoughts On Evidence And Procedure In European Community Competition Law, Koen Lenaerts
Some Thoughts On Evidence And Procedure In European Community Competition Law, Koen Lenaerts
Fordham International Law Journal
This Article is written in honor of Bo Vesterdorf, President of the Court of First Instance of the European Communities, ("CFI") a court in which we were both sitting as founding judges. Without diminishing the input of Judge Vesterdorf as President of the CFI, I would like to take this opportunity to revisit the first big cartel case that was brought to the CFI. In the so-called Polypropylene case, I was the Judge Rapporteur, and Judge Versterdorf officiated as the Advocate General. This case raised important issues as to evidence and procedure in European Community competition law. Therefore, the aim …
Standing Of Private Plaintiffs To Annul Generally Applicable European Community Measures: If The System Is Broken, Where Should It Be Fixed?, Xavier Lewis
Fordham International Law Journal
This Article will examine the problem of the standing of private litigants by putting the action for annulment in its context. It will describe briefly how the Treaty of Rome set up a complex system in which the acts of the EC Institutions could be reviewed, a task that is shared between the European Courts and the courts of the Member States. It will also describe briefly the different correctives introduced by the Court of Justice and the Court of First Instance to the system as initially envisaged. It will be seen that a good deal of flexibility has been …
Gender Equality And Customary Marriage: Bargaining In The Shadow Of Post-Apartheid Legal Pluralism, Tracy E. Higgins, Jeanmarie Fenrich, Ziona Tanzer
Gender Equality And Customary Marriage: Bargaining In The Shadow Of Post-Apartheid Legal Pluralism, Tracy E. Higgins, Jeanmarie Fenrich, Ziona Tanzer
Fordham International Law Journal
This Report represents the culmination of a year-long project undertaken by the Crowley Program in International Human Rights at the Fordham Law School to study issues surrounding women and customary law marriages in South Africa in light of its international legal commitments. This Report presents the findings of this research effort. Following this introduction, Part I of this Report describes South Africa's international and domestic legal obligations regarding culture and gender equality, particularly with respect to marriage, divorce, and family formation. Part I then sketches two distinct approaches to the tension between customary law and gender equality, both of which …
The Abuse Of Girls In U.S. Juvenile Detention Facilities: Why The United States Should Ratify The Convention On The Rights Of The Child And Establish A National Ombudsman For Children's Rights, Christina Okereke
Fordham International Law Journal
This Note argues that, to address the abuse of detained girls, the United States should ratify the CRC. This Note further argues that establishing a national independent office or ombudsman to monitor children's conditions of confinement in the United States is a superior proposal to creating a U.N.-appointed special representative on violence against children. This Note concludes that, upon ratifying the CRC, the United States should establish a national ombudsman for children's rights. Part I of this Note presents the problem of physical and sexual abuse of detained girls in the United States and reviews the applicable international human rights …
Unresolved Questions In The Bill Of Rights Of The New Iraqi Constitution: How Will The Clash Between "Human Rights" And "Islamic Law" Be Reconciled In Future Legislative Enactments And Judicial Interpretations?, Mohamed Y. Mattar
Fordham International Law Journal
This Article endeavors to answer the question, are the provisions on “human rights” and “Islamic Law” in the new Iraqi constitution compatible? The new Iraqi Constitution recognizes the concept of “human rights” in accordance with Iraq's international obligations, establishes an independent “Supreme Commission for Human Rights,” limits the work of governmental intelligence agencies in accordance with human rights, and prohibits tribal customs that contradict human rights. At the same time, the Constitution makes some references to Islamic Shari'ah: it establishes Islam as the official religion of the State, recognizes Islam as a source of legislation, recognizes Iraq as a part …
The Duality Of State Cooperation Within International And National Criminal Cases, Geert-Jan Alexander Knoops, Robert R. Amsterdam
The Duality Of State Cooperation Within International And National Criminal Cases, Geert-Jan Alexander Knoops, Robert R. Amsterdam
Fordham International Law Journal
This Article seeks to elaborate on various responses to challenges to the rule of law. The authors consider certain of the greatest of these challenges to center around illegitimate control of State organs by groups capable of infringing presumptive rights granted under treaty to States that in a systematic and continuous way resort to abuse of process. This Article, dealing with the equality of arms, is therefore only the first of a series exploring both this problem and the manner in which it may be addressed. This Article assesses whether and to what extent State cooperation, both before international tribunals …
Roadblocks To Effective Representation Of Uncharged Indefinitely Imprisoned Clients At Guantanamo Bay Military Base, Martha Rayner
Roadblocks To Effective Representation Of Uncharged Indefinitely Imprisoned Clients At Guantanamo Bay Military Base, Martha Rayner
Fordham International Law Journal
In Part I, this Note will discuss the current epidemic of human trafficking, the various ways the United Nations and the United States have attempted to combat trafficking, and highlight the importance of U.S. prosecutorial duties of witness protection that are especially implicated in human trafficking cases. Part II will present criticisms of efforts by the United Nations and the United States to protect victims of trafficking and their family members. This part will also focus on current U.S. protections afforded to families of human trafficking survivors and programs such as the Witness Security Program, from which U.S. lawmakers may …
Efficiency Consideration And Merger Enforcement: Comparison Of U.S. And Eu Approaches, Robert Pitofsky
Efficiency Consideration And Merger Enforcement: Comparison Of U.S. And Eu Approaches, Robert Pitofsky
Fordham International Law Journal
Discussion in this Essay is designed to explore recently introduced efficiency considerations and to compare developing law in the United States and the European Union. The following sections discuss why incorporation of efficiency factors has been controversial, explore efficiency analysis in connection with mergers under U.S. law, explore comparable developments in EU law, and, finally, offer a comparison of developments in the two jurisdictions.
Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper
Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper
Fordham International Law Journal
This Introduction to the Symposium, Global Alliance for Justice Education (“GAJE”) North American Regional Conference, discusses four articles in the Fordham International Law Journal that advance a growing goal of the GAJE: developing scholarship to facilitate justice education and increasing awareness of the global justice movement. Each of the following four articles identifies ways in which collaborating law professors in significantly different contexts--China, South Africa, Nicaragua, and the United States--can learn from each other to develop vital programs of legal education and to strive for social justice.
Jack Bauer And The Rule Of Law: The Case Of Extraordinary Rendition, James R. Silkenat, Peter M. Norman
Jack Bauer And The Rule Of Law: The Case Of Extraordinary Rendition, James R. Silkenat, Peter M. Norman
Fordham International Law Journal
This Essay examines the Bush Administration's use of a tactic in the “War on Terror” called “extraordinary rendition.” The term extraordinary rendition refers to the process by which alleged terrorists are captured by the U.S. Government, transferred to another country, interrogated, and possibly tortured--all without judicial involvement--so the U.S. Government may attempt to uncover possible terrorist activity. Extraordinary rendition thus differs from ordinary forms of rendition, since the latter refers broadly to any circumstance where a government takes or transfers custody of a person by means of procedures outside those of extradition treaties.
Don't Forget The Family: A Proposal For Expanding Immediate Protection To Families Of Human Trafficking Survivors, Katrina Lynne Baker
Don't Forget The Family: A Proposal For Expanding Immediate Protection To Families Of Human Trafficking Survivors, Katrina Lynne Baker
Fordham International Law Journal
In Part I, this Note will discuss the current epidemic of human trafficking, the various ways the United Nations and the United States have attempted to combat trafficking, and highlight the importance of U.S. prosecutorial duties of witness protection that are especially implicated in human trafficking cases. Part II will present criticisms of efforts by the United Nations and the United States to protect victims of trafficking and their family members. This part will also focus on current U.S. protections afforded to families of human trafficking survivors and programs such as the Witness Security Program, from which U.S. lawmakers may …
A New Tort Code Emerges In China: An Introduction To The Discussion With A Translation Of Chapter 8- Tort Liability, Of The Official Discussion Draft Of The Proposed Revised Civil Code Of The People's Republic Of China, George W. Conk
Fordham International Law Journal
In 1986, the Sixth National People's Congress enacted the General Principles of Civil Law of the People Republic of China ("1986Code). The 1986 Code is now undergoing comprehensive revision. The Standing Committee of the National Peoples Congress (the national legislature) issued a comprehensive draft revised civil code for discussion on December 17, 2002 "Standing Committee Discussion Draft". Discussion in China of the 2002 Standing Committee Discussion Draft has recently centered on the chapter on property rights. Passed on March 16, 2007, after seven drafts, the property rights chapter has been the source, one can readily understand, of much more controversy …
Following The Path Of Oil: The Law Of The Sea Or Realpolitik - What Good Does Law Do In The South China Sea Territorial Conflicts?, Wendy N. Duong
Following The Path Of Oil: The Law Of The Sea Or Realpolitik - What Good Does Law Do In The South China Sea Territorial Conflicts?, Wendy N. Duong
Fordham International Law Journal
This Article describes the relevant features of United Nationas Convention on the Law of the Sea ("UNCLOS"), demonstrates how the Convention is ill-equipped to handle the complexity of the South China Sea disputes, and explores the role of the private sector behind State actors in any negotiated resolution of these disputes. This Article also surveys the development of these disputes from the last decade to the present day, using as a case study the tension between China and Vietnam in the 1990s when UNCLOS went into force. Although the case study occurred in the past decade, the pattern of behaviors …
A Tribute To Judge Bo Vesterdorf, Roger J. Goebel
A Tribute To Judge Bo Vesterdorf, Roger J. Goebel
Fordham International Law Journal
Judge Bo Vesterdorf retires this fall after serving as Judge on the Court of First Instance (“CFI”) since its inauguration on September 25, 1989, acting as its President for three successive terms since 1998. It is accordingly highly appropriate that the editors of the Fordham International Law Journal (“ILJ”) should dedicate this annual issue devoted to European Union (“EU”) law to Judge Vesterdorf as an eminent jurist who has significantly contributed to the development of the CFI's jurisprudence, and also provided able pragmatic leadership as its presiding judge. The ILJ can be considered to act on behalf of the entire …
Targeted Sanctions, Human Rights, And The Court Of First Instance Of The European Community, Elizabeth F. Defeis
Targeted Sanctions, Human Rights, And The Court Of First Instance Of The European Community, Elizabeth F. Defeis
Fordham International Law Journal
In response to the increasing rise of terrorist activities throughout the European Union (“EU”) and the attacks of September 11, the Council of the European Union (“Council”) acted through its powers under the Common Foreign and Security Policy. In addition to other measures, the Council enacted regulations that froze the assets of alleged terrorist individuals and entities. In some cases, the regulations froze assets of alleged terrorists that had been placed on a list published by the U.N. Sanctions Committee, while in another, the assets of individuals were frozen after the European Council itself placed individuals on a list that …