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Full-Text Articles in Law
The Main Issues After The Convention On The Constitutional Treaty For Europe, John Temple Lang
The Main Issues After The Convention On The Constitutional Treaty For Europe, John Temple Lang
Fordham International Law Journal
It will ultimately be necessary for the European Union (“EU”) to stop simultaneously handling economic issues by the Community method and foreign policy measures by an undemocratic intergovernmental method. When the time comes for a single method to be chosen, it is important for the long-term stability of the Union and for the small Member States, that the Commission and the Community method in operation be suitable. Unfortunately, the result of the proposed Constitution devalues it.
Secession From The European Union: Checking Out Of The Proverbial "Cockroach Motel", Raymond J. Friel
Secession From The European Union: Checking Out Of The Proverbial "Cockroach Motel", Raymond J. Friel
Fordham International Law Journal
This Article examines the likelihood of secession from the Union and whether or not it legally possible. It asks what process would have to be invoked and examines the role and function of a European army in secession and whether such an army may be called upon to intervene to prevent secession. This Article, finally, looks at the current proposals being discussed in regards to reforming the Union.
The Challenges Of Attracting Foreign Investment Into North Korea: The Legal Regimes Of Sinuiju And Gaeseong, Joongi Kim
The Challenges Of Attracting Foreign Investment Into North Korea: The Legal Regimes Of Sinuiju And Gaeseong, Joongi Kim
Fordham International Law Journal
Though still in its infant stages, the process of establishing the Sinuiju Special Administrative Region and the Gaeseong Industrial Complex heralds a tremendous paradigm shift on the part of North Korea. This Essay will seek to analyze the comprehensive legal structure that North Korea has adopted for these regions. It will seek to offer a glimpse into the future of how North Korea will establish similar economic zones throughout the country and, eventually, a market-based economic system across the entire country. This Essay will first offer an overview of the impetus behind North Korea's efforts to develop Sinuiju and Gaeseong. …
The Free Trade Area Of The Americas And Brazil, Ambassador Rubens Antonio Barbosa
The Free Trade Area Of The Americas And Brazil, Ambassador Rubens Antonio Barbosa
Fordham International Law Journal
Describes the importance of Brazil in the FTAA, the reasons for its interest, and the role that it will play in shaping the organization’s future.
Trade, Democracy, And The Ftaa: Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmaier
Trade, Democracy, And The Ftaa: Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmaier
Fordham International Law Journal
The Article concentrates on access for non-profit or "public interest" elements of civil society rather than for-profit business interests, because public interest organizations have been more marginalized from the FTAA, and their interests are more diffuse and conflicting - rendering their integration more problematic. It also concentrates on the multilateral process in the context of Ministerial meetings rather than trade policymaking at a national level because of the symbolic value attached to meetings of ministers, and the unique opportunities for public dialogue offered by these high-level meetings.
Sustainable Development In The Negotiation Of The Ftaa, Marie-Claire Cordonier Segger
Sustainable Development In The Negotiation Of The Ftaa, Marie-Claire Cordonier Segger
Fordham International Law Journal
First, I will briefly explain what is meant by hemispheric sustainable development law. Then, I will discuss the current progress of the FTAA from a sustainable development law perspective. To illustrate the links between trade liberalization, social and environmental law and policy in the Americas, I will briefly highlight potential social and environmental impacts and opportunities in several important areas of negotiations: services, intellectual property rights, competition law, government procurement and investment. (The directions of agricultural liberalization, market access and subsidies are also crucial to sustainable development, but are too extensive to discuss here). Then, I will consider the institutional …
The Constitution Of North Korea: Its Changes And Implications, Dae-Kyu Yoon
The Constitution Of North Korea: Its Changes And Implications, Dae-Kyu Yoon
Fordham International Law Journal
Though a departure from mainstream socialist States, a glimpse of North Korea's Constitution can still provide observers with an understanding of how North Korea has undergone and responded to social changes and vicissitudes. Hence, this Essay sets out to do a number of things. First, this study succinctly examines the nature and status of law in North Korea. Second, it reviews the country's constitutional history in sequence, and then, provides a more in depth look into the characteristics of the current Constitution. Conclusions are then drawn from this examination. The goal of this Essay is not to describe the principles …
The Special Economic Zones And North Korean Economic Reformation With A Viewpoint Of International Law, Eric Yong-Joong Lee
The Special Economic Zones And North Korean Economic Reformation With A Viewpoint Of International Law, Eric Yong-Joong Lee
Fordham International Law Journal
This Article is composed of three Parts. Part I reviews the establishment of the SEZs in North Korea. This Part will introduce four SEZs currently in action and the grand scheme of the Tumen River Area Development Project. The backgrounds, purposes, and roles of the SEZs will also be addressed in this part. Part II deals with the legal instruments of North Korea involved in the economic reformation in these zones. This Part will systematically analyze the laws and regulations relating to inducing foreign investment in SEZs. Part III investigates protection against political risks in the SEZs, which is one …
Contractual Forms In Islamic Finance Law And Islamic Inv. Co. Of The Gulf (Bahamas) Ltd. V. Symphony Gems N.V. & Ors.: A First Impression Of Islamic Finance, Umar F. Moghul Esq., Arshad A. Ahmed Esq.
Contractual Forms In Islamic Finance Law And Islamic Inv. Co. Of The Gulf (Bahamas) Ltd. V. Symphony Gems N.V. & Ors.: A First Impression Of Islamic Finance, Umar F. Moghul Esq., Arshad A. Ahmed Esq.
Fordham International Law Journal
This Article focuses on the case of Islamic Investment Company of the Gulf (Bahamas) Ltd. v. Symphony Gems N.V. & Others (“Symphony Gems”). Symphony Gems is the first instance where a Western court of law ruled on an Islamic financial transaction. Symphony Gems illuminates the challenges and tensions within the industrial complex of Islamic finance as it seeks to exist and thrive in a commercial reality where the regulatory framework and its associated assumptions (both theoretical as well as those of commercial practice) differ markedly from those of Islamic law and the contemporary Islamic financial industry. The resulting transactions often …
Women In Shari'ah Courts: A Historical And Methodological Discussion, Amira Sonbol
Women In Shari'ah Courts: A Historical And Methodological Discussion, Amira Sonbol
Fordham International Law Journal
This Article focuses on qadis and courts before modern legal reforms with particular emphasis on the life of women and their interaction with the courts. A number of issues will be discussed and points made pertaining to the laws and madhahib [Islamic legal schools] applied in courts, the hierarchies and roles of qadis, and the accessibility of the legal system and knowledge of court procedures to the general public. Court culture, personnel, and record-keeping will also be discussed, as will the philosophy behind the law. The author hopes to illustrate that a viable court system existed before modernization. Although precedent …
The European Union In Transition: The Treaty Of Nice In Effect; Enlargement In Sight; A Constitution In Doubt, Roger J. Goebel
The European Union In Transition: The Treaty Of Nice In Effect; Enlargement In Sight; A Constitution In Doubt, Roger J. Goebel
Fordham International Law Journal
This Article is intended to provide an overview of this transitional moment in the history of the European Union. Initially, the Article will briefly review the background of the Treaty of Nice, and the institutional structure modifications for which it provides, which paves the way for enlargement. Next it will describe the final stages of the enlargement process. Finally, the Article will set out the principal institutional innovations and certain other key aspects of the draft Constitution, the most important issues concerning them, and the current impasse.
A Consumer's Dream Or Pandora's Box: Is Arbitration A Viable Option For Cross-Border Consumer Disputes?, Donna M. Bates
A Consumer's Dream Or Pandora's Box: Is Arbitration A Viable Option For Cross-Border Consumer Disputes?, Donna M. Bates
Fordham International Law Journal
This Note discusses current consumer arbitration policies and analyzes whether traditional arbitration is adequate to address consumer disputes in the new cross-border shopping environment. Part I discusses the importance of consumer protection and reviews the consumer arbitration regimes of the United States and the European Union. Part II discusses the criticisms of the current policies toward consumer arbitration in the United States and the European Union. Part II also highlights the unique problems of consumer dispute resolution in cross-border transactions and raises some concerns unique to dispute resolution on the Internet. Part III concludes that traditional arbitration systems are not …
Law "Of Our Own Style": The Evolution And Challenges Of The North Korean Legal System, Patricia Goedde
Law "Of Our Own Style": The Evolution And Challenges Of The North Korean Legal System, Patricia Goedde
Fordham International Law Journal
In this Essay, I first briefly present theoretical contexts that may aid in defining the North Korean legal system. Next, I trace the evolution of the North Korean legal system by examining the North Korean reaction to various legal influences of the Japanese occupation, Soviet tutelage, and traditional Korean practices, and outline the current politico-legal structure. In the final section, I inquire whether the North Korean legal structure can accommodate a different legal system necessitating rule-of-law requirements, as applied to its foreign investment regime and, perhaps some day, nationwide. Although the main purpose of this Essay is to introduce the …
Moving Forward, Never Backwards: Preventing Fraud In The European Union And Defining European Central Bank Independence , Shaun A. Reader
Moving Forward, Never Backwards: Preventing Fraud In The European Union And Defining European Central Bank Independence , Shaun A. Reader
Fordham International Law Journal
Part I of this Note will describe the need for anti-fraud measures within the Community. Part I will also detail the various legislative actions taken by the Commission, the Parliament and Council, and by the ECB and by the EIB to combat fraud. Part II will present the Commission's case against the ECB, the ECB's defense, the views expressed by Advocate General Jacobs and the ultimate judgment of the ECJ. Part II will focus primarily on the Commission v. ECB, but will note similarities and variances from the Commission's case against the EIB. Finally, Part III will discuss the leeway …
The Free Trade Area Of The Americas And Smaller Economies, The Most Honourable P. J. Patterson
The Free Trade Area Of The Americas And Smaller Economies, The Most Honourable P. J. Patterson
Fordham International Law Journal
Although the FTAA promises growth and development it still poses real challenges and demands some difficult decisions when attempting to achieve its intended goal of promoting stronger, more dynamic trade, and economic growth in this hemisphere. The concerns are greatest for the smaller and more vulnerable economies. They face the prospect of revenue loss through tariff reduction, job losses through consolidation of production centers in more powerful territories, and the demise of marginal and weak producers. It is for these reasons that attention to the status of smaller economies is essential in the FTAA.
Mercosure, The Free Trade Area Of The Americas, And The Future Of U.S. Hegemony In Latin America, Dr. Mario E. Carranza
Mercosure, The Free Trade Area Of The Americas, And The Future Of U.S. Hegemony In Latin America, Dr. Mario E. Carranza
Fordham International Law Journal
The purpose of this Article is to examine U.S. hegemony in Latin America by looking at the impact of the Free Trade Area of the Americas ("FTAA") negotiations on U.S.-Latin American relations. Does the FTAA process confirm the claim that "since World War II ... the general trend has always been for the United States to exert a great degree of influence over Latin American countries..."? Does it mark the beginning of a new, more balanced relationship between the United States and Latin America, a mature partnership based on reciprocity, mutuality of interests and mutual respect? Alternatively, are the United …
The Just War Ethic In International Law, Joseph C. Sweeney
The Just War Ethic In International Law, Joseph C. Sweeney
Fordham International Law Journal
To the student and practitioner of international law in the twenty-first century, the just war ethic is clearly part of Moral Theology--binding the consciences of ethical people everywhere --but it is not part of international law. Nevertheless, there is today a lingering flavor of the Just War Ethic in debates about issues that are partly moral and partly political, such as: 1. the testing and use of nuclear weapons; 2. combating terrorism; and 3. humanitarian intervention to save lives and the human environment. None of these activities is authorized expressly in the United Nations Charter. What is an unjust war …
Two Roads Diverged In A Yellow Wood: The European Community Stays On The Path To Strict Liability, Josephine Liu
Two Roads Diverged In A Yellow Wood: The European Community Stays On The Path To Strict Liability, Josephine Liu
Fordham International Law Journal
Part I of this Note will briefly outline Community policy on product liability as detailed by the Product Liability Directive, then review the development of product liability law in various Member States of the European Community. Part II will analyze how the concept of state-of-the-art highlighted tensions between a strict liability regime and a negligence regime in U.S. product liability. It will then review similar discord in the European Community caused by the development risk defense. Finally, Part III of this Note will argue that in contrast to the United States, the European Community has thus far chosen to stay …