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Full-Text Articles in Law
When Technology Drives Economics, David Nagel
When Technology Drives Economics, David Nagel
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? If technology is driving economics, in exactly what way is it driving it, and why is it driving it? Mr. Nagel gave an overview of exactly how fast technology is changing. He posits that it is changing so fast that instead of a quantitative change, it is appropriate to think of it as a qualitative change. More specifically, that change is leading to a fundamental transformation in the way that commerce itself is conducted.
Social And Business Objectives Of Telecommunications Policy, Bjorn Wellenius
Social And Business Objectives Of Telecommunications Policy, Bjorn Wellenius
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? Mr. Wellenius focused on the social objectives of telecommunications policy and how these objectives fare in a privately led, increasingly competitive business environment.The social and business objectives of telecommunications policy largely coincide. Gaps, however, are likely to remain in meeting social objectives. Closing these gaps costs rather little, much less in fact than had been assumed in the past. Small subsidies go a long way if they are allocated using market mechanisms.
Progress And Challenges In International Criminal Justice, Louise Arbour
Progress And Challenges In International Criminal Justice, Louise Arbour
Fordham International Law Journal
Speech given at Session 4: The Legal Profession and Human Rights. Louise Arbour discusses the differences between the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, the marriage between international law which principally governs state relationships and criminal law which governs personal conduct, and how this contributes to the development of international humanitarian law.
Perspectives On Global Communications, Detlef Eckert
Perspectives On Global Communications, Detlef Eckert
Fordham International Law Journal
Speech given at Session 2: World Communication: Where is Technology Leading Us? The European Commission's objective is to do our best in the European Community to support the paradigm shift from the Industrial Age to the Information Age. Mr. Eckert noted that in the past, this topic alone was the subject for a speech his. While those were interesting speeches, he focused, more or less, on the real nitty-gritty of deregulation and liberalization and how to bring those concepts into practice.
Session 2: World Communication: Where Is Technology Leading Us?: Questions And Answers Moderated By Stewart D. White , Peter Banki, David Nagel, Detlef Eckert, Stephen A. Weiswasser
Session 2: World Communication: Where Is Technology Leading Us?: Questions And Answers Moderated By Stewart D. White , Peter Banki, David Nagel, Detlef Eckert, Stephen A. Weiswasser
Fordham International Law Journal
No abstract provided.
A View Of Energy From The Private Financial Sector, Irene King
A View Of Energy From The Private Financial Sector, Irene King
Fordham International Law Journal
Speech given at Session 3: Challenge Facing Resource Development. Ms. King focused on some of the uncertainties, changes, risks, and opportunities from the viewpoint of the private financial sector, again with regard to energy. She also highlighted some of the uncertainties in the specific sectors. And there are big differences between electricity and natural gas, on one hand, and oil, on the other.
Dominant Strategic Themes Of The Natural Resource Industry, Robin G. Adams
Dominant Strategic Themes Of The Natural Resource Industry, Robin G. Adams
Fordham International Law Journal
SSpeech given at Session 3: Challenge Facing Resource Development. Mr. Adams highlighted the dominant strategic themes that he believes will characterize the natural resource industry as we enter the new century. It should be a period of solid underlying growth for mineral demand, although he added that periodic interruptions reflecting the usual cycles in the world economy will occur. Against this market background, the industry will be dealing with a number of unresolved issues from the late twentieth century, of which the taxation of economic rents, the cost-effectiveness of environmental regulations, and the impact of privatization and deregulation on the …
Session 3: Challenge Facing Resource Development: Questions And Answers Moderated By Emilio J. Cárdenas, Irene King, Robin G. Adams
Session 3: Challenge Facing Resource Development: Questions And Answers Moderated By Emilio J. Cárdenas, Irene King, Robin G. Adams
Fordham International Law Journal
No abstract provided.
Closing Remarks, John Salter
Closing Remarks, John Salter
Fordham International Law Journal
This closing remark conatins the text of John Salter's speech closing the conference organized by the Human Rights Institute to commemorate the Fiftieth Anniversary Celebration of the International Bar Association.
A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel S. Terry
A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel S. Terry
Fordham International Law Journal
This Article will focus on the agreement (“Agreement”) between the American Bar Association (“ABA”) and the French and Dutch Orders of the Brussels Bar (“Brussels Bars”). Section I of this Article provides an overview of the different models used, or approaches to, cross-border practice and places the Agreement in context. Section II chronicles the legislative history of the Agreement, noting the process by which it was developed. Section III contains the analysis of the Agreement, comparing it to other cross-border practice regulation. Section IV addresses the implementation of the Agreement. Finally, Section V offers a summary of the strengths and …
Foreign Investment Laws And Regulations Of The Democratic People's Republic Of Korea, Greyson Bryan, Scott Horton, Robin Radin
Foreign Investment Laws And Regulations Of The Democratic People's Republic Of Korea, Greyson Bryan, Scott Horton, Robin Radin
Fordham International Law Journal
Before presenting a detailed outline of the foreign investment laws and regulations of the DPRK, this Essay surveys the institutional environment in which these laws and regulations function. This Essay concludes with some specific remarks on the rules that pertain to investments in natural resources, including pledge law, and the possibility that foreign investors may be able to negotiate rules governing their investments that would differ from those described in this Essay.
Romania: Euro-Atlantic Integration And Economic Reform, Mircea Geoana
Romania: Euro-Atlantic Integration And Economic Reform, Mircea Geoana
Fordham International Law Journal
The importance of President Clinton's visit to Bucharest goes far beyond the symbolism represented by the first visit of an American president to a free and democratic Romania. "Euro-Atlantic integration" does not start when a country states its commitment to being a candidate for North Atlantic Treaty Organization ('NATO') or European Union ('EU') membership and does not end with the moment of accession. Among Central European nations, accession to NATO has enjoyed the greatest public support in Romania. Romania's integration into the European Union is the other foreign policy goal that, together with accession to NATO, is considered indispensable to …
Foreign Policy Interests Of Ukraine And Problems Of European Security, Anatoliy M. Zlenko
Foreign Policy Interests Of Ukraine And Problems Of European Security, Anatoliy M. Zlenko
Fordham International Law Journal
This Essay touches upon only the most sensitive problems of ensuring Ukraine's foreign policy and national security interests in the new geopolitical environment on the European continent. Obviously, the spectrum of issues related to the subject of this Essay is much more complex and has especially complex solutions. The European component of Ukraine's foreign policy, while extremely important, is not a substitute for Ukraine's other foreign and domestic policy measures regarding the strengthening of national security, the successful implementation of socio-economic reforms, and the building of a market oriented democratic model of national development.
Advocating For An International Criminal Court, Kofi Annan
Advocating For An International Criminal Court, Kofi Annan
Fordham International Law Journal
This Opening Remark contains the text of Kofi Annan's speech to the International Bar Association. In the speech, Annan calls for the creation of an International Criminal Court and proposes that the Court is necessary for the full realization of the United Nations' goal of international justice.
East Asian Capital Markets, Toyoo Gyohten
East Asian Capital Markets, Toyoo Gyohten
Fordham International Law Journal
Speech given at Session 1: The Global Capital Market: What's Next. Toyoo Gyohten discussed observations on the problems and future prospect of the Asian capital market. He describes the growth of the East Asian markets and measures to strengthen the systems.
Easdaq: Europe's Stock Market For Growth Companies, Stanislas Yassukovich
Easdaq: Europe's Stock Market For Growth Companies, Stanislas Yassukovich
Fordham International Law Journal
Speech given at Session 1: The Global Capital Market: What's Next. Mr. Yassukovich spoke about EASDAQ, which is an entirely new venture which has been going only six months. He tried to put it into the context of some of the issues that were discussed at the conference.
Energy Outlook And Consumption, Arthur Andersen
Energy Outlook And Consumption, Arthur Andersen
Fordham International Law Journal
Speech given at Session 3: Challenge Facing Resource Development. Mr. Andersen presented is a set of projections rooted in what we understand to be the current regimes of policy in the United States and elsewhere. Three key propositions inform considerations regarding long-term energy market developments: the prospect for energy demand growth is substantial and will be based on fossil fuels; growth will be centered in developing countries, particularly Asia, where living standards are rising; thanks to technological know-how, resource availability will not constrain energy supply development.
Role Of Judges And Lawyers In Defending The Rule Of Law, Adama Dieng
Role Of Judges And Lawyers In Defending The Rule Of Law, Adama Dieng
Fordham International Law Journal
Speech given at Session 4: The Legal Profession and Human Rights. Adama Dieng discusses the rule of law, the threats arrayed against independent judicial branches, and, finally, how to guard the protection of lawyers and the independence of the judiciary as a condition for a rule of law.
Trade And Competition In The Transatlantic Area, Hugo Paemen
Trade And Competition In The Transatlantic Area, Hugo Paemen
Fordham International Law Journal
This Essay looks at the interplay of market opening, competition, and regulation in the air transport, telecom, and financial services areas, which are particularly relevant to the transatlantic relationship between the U.S. and Europe.
Media Under French Competition Law, Frédéric Jenny
Media Under French Competition Law, Frédéric Jenny
Fordham International Law Journal
This Article discusses the Conseil de la Concurrence ("Conseil"), established by the December 1986 Ordinance on the Freedom of Prices and Competition. It provides an examination of the case law on media competition issues in France and suggests that such issues raise complex questions and that great caution must be exercised when applying competition law in this sector.
The Adequacy Standard Under Directive 95/46/Ec: Does U.S. Data Protection Meet This Standard?, Patrick J. Murray
The Adequacy Standard Under Directive 95/46/Ec: Does U.S. Data Protection Meet This Standard?, Patrick J. Murray
Fordham International Law Journal
This Comment addresses how the US protection of personal data will fare when judged against the adequacy standard of the Directive. Part I explains what data protection is and traces the development of data protection law in Europe and the United States. It then analyzes the current approaches to data protection in both the Community and the United States. Part II discusses different approaches to assessing adequacy. It proposes that the Article 29 Working Party presents the only clear explanation of how to assess when a third country ensures adequate protection of personal data. Part II then describes the Working …
Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett
Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett
Fordham International Law Journal
This Note analyzes Japan's and the Republic of Korea’s competing claims to Liancourt in light of traditional public international law, specifically the 1982 Convention and customary law found in past decisions by the International Court of Justice (“ICJ”) and arbitral bodies (collectively “international adjudicatory bodies”). Part I of this Note provides not only a brief historical overview on Japanese-Korean relations, but also a detailed review of relevant public international law. It outlines important provisions of the 1982 Convention, discusses widely-recognized means of territorial acquisition, and summarizes relevant decisions of international adjudicatory bodies. Part II examines each country's claim to Liancourt. …
The Asian Financial Crisis And The Deregulation And Liberalization Of Thailand's Financial Services Sector: Barbarians At The Gate, Apisith John Sutham
The Asian Financial Crisis And The Deregulation And Liberalization Of Thailand's Financial Services Sector: Barbarians At The Gate, Apisith John Sutham
Fordham International Law Journal
The recent financial crisis experienced by Thailand and the other Asia-Pacific countries has left an indelible impact on Thailand's financial system including significant amendments to the laws and regulations of banking, finance, and securities business as well as proposed new laws such as the Derivative Act. In this connection, the financial crisis acts as a change agent that promotes and accelerates the pace of deregulation and liberalization. The "barbarians" are the foreign financial institutions and foreign investors who will be in the position to gain the most from an opening of the gate to the financial services sector in Thailand. …
The Introduction Of The Euro And Its Implications For Obligations Denominated In Currencies Replaced By The Euro, Michael Gruson
The Introduction Of The Euro And Its Implications For Obligations Denominated In Currencies Replaced By The Euro, Michael Gruson
Fordham International Law Journal
This Article will discuss to what extent fears that debt in a country’s national currency will no longer be enforceable under U.S. law after the introduction of the Euro are justified. The article assumes that the European Council, as provided for in the Treaty Establishing the European Community ("EC Treaty") and the European Commission's European Council Regulation, will establish a fixed rate of conversion for the old national currencies of all participating Member States in relation to the Euro. The subject of our inquiry, thus, is whether, following the introduction of the single currency, U.S. courts will acknowledge the abolition …
The Japanese Product Liability Law: Sending A Pro-Consumer Tsunami Through Japan's Corporate And Judicial Worlds, Jason F. Cohen
The Japanese Product Liability Law: Sending A Pro-Consumer Tsunami Through Japan's Corporate And Judicial Worlds, Jason F. Cohen
Fordham International Law Journal
This note argues that Japan’s former product liability system deprived consumers of adequate protection against product defects. This note also argues that Japan’s changing economic and political conditions necessitated the introduction of strict liability. Part I examines the development of the Japanese legal system, traces the history of product liability in Japan, and discusses the structural and cultural barriers to pursuing product liability claims. Part I also explains the product liability legal theories in existence before the PL Law and discusses the twenty-year process in which Japan debated the prospects of passing this legislation. Part I concludes by discussing factors …
Big Six Accounting Firms Shop Worldwide For Law Firms: Why Multi-Discipline Practices Should Be Permitted In The United States, Gianluca Morello
Big Six Accounting Firms Shop Worldwide For Law Firms: Why Multi-Discipline Practices Should Be Permitted In The United States, Gianluca Morello
Fordham International Law Journal
This Note explores the controversy surrounding MDPs. Part I surveys the legal activities of the Big Six accounting firms. Part I then analyzes the current U.S. ethics rules governing law firm ownership, examines proposed U.S. ethics rules that were never adopted, and discusses other U.S. ethics rules related to the practice of MDPs. In addition, Part I studies England's treatment of law firm ownership and MDPs. Finally, Part I offers other reasons for the restrictive rules governing law firm ownership. Part II investigates the arguments in favor of and against MDPs. Part III argues that the current ethics rules permit …
United States V. Mcdougald: The Anathema To 18 U.S.C § 1956 And National Efforts Against Money Laundering, Mathew Paulose Jr.
United States V. Mcdougald: The Anathema To 18 U.S.C § 1956 And National Efforts Against Money Laundering, Mathew Paulose Jr.
Fordham International Law Journal
This Comment argues that the Sixth Circuit should overrule McDougald. Part I discusses the purpose, process, and problems of the crime generally known as money laundering. Part I also discusses national efforts against money laundering, and in particular, the United States' efforts through Section 1956 of the Money Laundering Control Act. Part I concludes by discussing the Salinas-Citibank Affair and the probable prosecution of Citibank for money laundering violations. Part II reviews the Sixth Circuit's line of cases leading up to and including the McDougald decision. Part II also contrasts McDougald by reviewing the decisions of the United States …
Access Rights: A Necessary Corollary To Custody Rights Under The Hague Convention On The Civil Aspects Of International Child Abduction, Priscilla Steward
Access Rights: A Necessary Corollary To Custody Rights Under The Hague Convention On The Civil Aspects Of International Child Abduction, Priscilla Steward
Fordham International Law Journal
This Note argues that the aspect of the Hague Abduction Convention addressing access rights is ineffective because it has forced some courts to misconstrue provisions of the Hague Abduction Convention in order to carry out the Convention's intent. This Note further argues that the burden of establishing the absence of a wrongful removal or retention should fall upon the parent who has removed the child. This Note also argues that the Hague Conference should amend the Convention to order a court to enforce previously ordered access rights in the child's new habitual residence. Part I provides an historical background on …
In Defense Of The Human, Joseph A. O'Hare S.J.
In Defense Of The Human, Joseph A. O'Hare S.J.
Fordham International Law Journal
The President of Fordham University introduces this book by discussing the dedication to Mother Teresa and comments on her life's work.
Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Michael E. Patterson, Toyoo Gyohten, Paul A. Volcker
Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Michael E. Patterson, Toyoo Gyohten, Paul A. Volcker
Fordham International Law Journal
No abstract provided.