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Articles 1 - 30 of 48
Full-Text Articles in Law
Global Access To Medicine: The Influence Of Competing Patent Perspectives, Cynthia M. Ho
Global Access To Medicine: The Influence Of Competing Patent Perspectives, Cynthia M. Ho
Fordham International Law Journal
No abstract provided.
Social Security Reform: Sovereign Wealth Funds As A Model For Increasing Trust Fund Returns, Benjamin A. Templin
Social Security Reform: Sovereign Wealth Funds As A Model For Increasing Trust Fund Returns, Benjamin A. Templin
Fordham International Law Journal
No abstract provided.
Law Talk V. Science Talk: The Languages Of Law And Science In Wto Proceedings, Markus Wagner
Law Talk V. Science Talk: The Languages Of Law And Science In Wto Proceedings, Markus Wagner
Fordham International Law Journal
No abstract provided.
Brownfields And The Poor: Is Cleanup A Hazardous Waste Of Time? An Analysis Of The United States' Efforts At Remediation And Their Applicability To Brazil, Krista Yacovone
Fordham International Law Journal
No abstract provided.
Justice For All: Improving The Lok Adalat System In India, Tameem Zainulbhai
Justice For All: Improving The Lok Adalat System In India, Tameem Zainulbhai
Fordham International Law Journal
No abstract provided.
Turkey Between The Ottoman Empire And The European Union: Shifting Political Authority Through The Constitutional Reform, A. Serra Cremer
Turkey Between The Ottoman Empire And The European Union: Shifting Political Authority Through The Constitutional Reform, A. Serra Cremer
Fordham International Law Journal
No abstract provided.
Avoidance Actions Under Chapter 15: Was Condor Correct?, Segaal Schorr
Avoidance Actions Under Chapter 15: Was Condor Correct?, Segaal Schorr
Fordham International Law Journal
No abstract provided.
Assessing The Applicability Of The Business Judgment Rule And The "Defensive" Business Judgment Rule In The Chinese Judiciary: A Perspective On Takeover Dispute Adjudication, Charlie Xiao-Chuan Weng
Assessing The Applicability Of The Business Judgment Rule And The "Defensive" Business Judgment Rule In The Chinese Judiciary: A Perspective On Takeover Dispute Adjudication, Charlie Xiao-Chuan Weng
Fordham International Law Journal
Since China's accession to the World Trade Organization ("WTO") on November 10, 2001, corporate China has been struggling to dismantle the inefficient management systems formed in the era of the planned economy, and it barely survives under the more competitive market economy environment that began to form in 1978. In order to become stronger, both before and after WTO admission, many corporations have been trying to restructure and grow by devouring others. Part I of this Essay provides a basic summary of the business judgment rule and the "defensive" business judgment rule. Part II discusses some of the difficulties that …
Characterizing Us Operations In Pakistan: Is The United States Engaged In An Armed Conflict?, Laurie R. Blank, Benjamin R. Farley
Characterizing Us Operations In Pakistan: Is The United States Engaged In An Armed Conflict?, Laurie R. Blank, Benjamin R. Farley
Fordham International Law Journal
On January 14, 2010, four Hellfire missiles fired from an unmanned aerial vehicle (“drone”) slammed into a compound in Pakistan’s South Waziristan region, killing ten people. Hakimullah Mehsud, leader of Tehrik-e-Taliban Pakistan (“TTP”), was the reported target of the strike. Already the eighth US drone attack in Pakistan in 2010, these strikes followed two consecutive years of dramatically increased drone activity within Pakistan. Despite a high degree of media and scholarly interest in the United States’ use of drones in Pakistan, little attention has focused on whether the United States is engaged in an armed conflict in Pakistan, as defined …
Land Is Life, Land Is Power": Landlessness, Exclusion, And Deprivation In Nepal, Elisabeth Wickeri
Land Is Life, Land Is Power": Landlessness, Exclusion, And Deprivation In Nepal, Elisabeth Wickeri
Fordham International Law Journal
This Report presents the findings of this research effort. A comprehensive consideration of the many aspects of land ownership in Nepal, including the related issues of agricultural development, the impact of nonstate actors in newly-formed special economic zones, and the claims of landlords returning to land seized during the Maoist conflict is beyond the scope of this project. The Report and study focused on documenting the impact that inadequate access to land has on the human rights of landless people, including rights to housing, food, water, work, and access to justice. The Report consists of four parts. Part I provides …
Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte
Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte
Fordham International Law Journal
This Essay seeks to expose the complexity of the relationship between the United Kingdom (and Ireland, but the main focus will be the UK) and the European Union that resulted from the concessions made to the UK when the treaties of Amsterdam and Lisbon were negotiated: a right not to participate in the adoption and application of EU legislative measures in the field of Justice and Home Affairs ("JHA"), and the right to decide on a case-by-case basis to opt into such measures, following procedures reminiscent of the sophisticated rules of cricket. These concessions were made to allow the UK …
The European Union And The Treaty Of Lisbon, Roger J. Goebel
The European Union And The Treaty Of Lisbon, Roger J. Goebel
Fordham International Law Journal
With this cursory description of the European Council prior to the Treaty of Lisbon, this Essay turns to the major changes produced by that treaty. Space considerations require a limited focus. Part I discusses the impact of the European Council's new status as one of the institutions of the European Union ("EU"). Part II considers its designated power to take by qualified majority vote many important legally-binding decisions. Part III reviews two of its major roles: deciding when the Treaties should be amended and setting the procedure for amendment, and determining the timing and terms of accession of candidate nations. …
Can The Enlarged European Union Continue To Be That United, Giorgio Maganza
Can The Enlarged European Union Continue To Be That United, Giorgio Maganza
Fordham International Law Journal
Although a tribute to Jean-Claude Piris could easily stretch through the whole spectrum of European Union law-which broadened in part thanks to his active contribution over the twenty-year term when he served as Legal Adviser to the Council of the European Union, the European Council, and several intergovernmental conferences for the reform of the treaties-it is appropriate to devote the following lines to the theme of institutional strengthening, which always attracted his consideration and thinking and to which he contributed some illuminating and forward-looking writings; and it is tempting to do so in the light of a specific feature that …
The Status In Eu Law Of International Agreements Concluded By Eu Member States, Allan Rosas
The Status In Eu Law Of International Agreements Concluded By Eu Member States, Allan Rosas
Fordham International Law Journal
This Essay will, first, provide a general discussion on the status in Union law of agreements concluded by EU Member States. Second, brief discussions will follow on the specific nature of agreements concluded between the Member States inter se as well as on the special status of agreements concluded before the Member State concerned became a member of the Union. Third, the main part of this Essay will address different categories of agreements concluded by Member States in order to provide a more refined picture of the legal relevance of such agreements for Union law. The final Section will provide …
J.Mc.B V. L.E.: The Intersection Of European Union Law And Private International Law In Intra-European Union Child Abduction, Claire Dekar
J.Mc.B V. L.E.: The Intersection Of European Union Law And Private International Law In Intra-European Union Child Abduction, Claire Dekar
Fordham International Law Journal
The certified question and the legal impact of the Court of Justice's preliminary ruling on that question are the subject of this Comment. Part I explains the relevant provisions of the Hague Abduction Convention, Brussels II bis, and the implicated European human rights laws, and discusses the case in chief before the Irish High and Supreme Courts. Part II examines the Court of Justice's opinion on the certified question. Finally, Part III analyzes the impact of the opinion on J.McB. and his family, Brussels II bis and its interpretation, and the jurisprudence the Court of Justice regarding the protection of …
The International Criminal Court's Ineffective Enforcement Mechanisms: The Indictment Of President Omar Al Bashir, Gwen P. Barnes
The International Criminal Court's Ineffective Enforcement Mechanisms: The Indictment Of President Omar Al Bashir, Gwen P. Barnes
Fordham International Law Journal
Part I introduces the Rome Statute and highlights the portions of the Rome Statute that leave the ICC vulnerable to member states that violate the Rome Statute without any clear punishment for the violation. In particular, Part I focuses on the expansive jurisdiction and the limited enforcement mechanisms that the Rome Statute bestows upon the ICC. Part II illustrates the ICC's vulnerability under the Rome Statute by using the example of the ICC's indictment of President Al Bashir and examining the existing tension between the ICC and the African Union ("AU"). Part III argues that the ICC must strengthen or …
Stateless Roma In The European Union: Reconciling The Doctrine Of Sovereignty Concerning Nationality Laws With International Agreements To Reduce And Avoid Statelessness, Jessica Parra
Fordham International Law Journal
Part I of this Note discusses the historical and legal background of Roma in the EU, as well as the nature of the EU legislation and international agreements that comprise the legal substance of Roma statelessness. Part II examines the doctrine of Member State sovereignty concerning nationality laws and the viewpoint, shared by many scholars and politicians, that this sovereignty is eroding and the Court of Justice of the European Union ("Court of Justice") should continue to limit it. Part II also discusses several solutions to the problem of Roma statelessness in the EU in light of the erosion of …
Peacekeepers: Will They Advance Any Prospective Arab-Israeli Peace Agreement?, Justus Reid Weiner, Avinoam Sharon, Michelle Morrison
Peacekeepers: Will They Advance Any Prospective Arab-Israeli Peace Agreement?, Justus Reid Weiner, Avinoam Sharon, Michelle Morrison
Fordham International Law Journal
The establishment of a peacekeeping force is widely accepted to be an essential part of any future Israeli-Palestinian peace accord. The final status settlement proposed by the Clinton Administration specified "[s]security arrangements that would be built around an international presence." However, while the need for a peacekeeping force appears to enjoy broad support, it should be noted that the "Road Map" proposed by the European Union, Russia, the United Nations, and the United States (together "the Quartet") in 2003 does not suggest the inclusion of peacekeeping forces, although it does envisage a monitoring mechanism for its interim phases. The authors …
Casting A Cold Eye On The Origins And Development Of An All-Island Charter Of Rights, Suzanne Egan, Rachel Murray
Casting A Cold Eye On The Origins And Development Of An All-Island Charter Of Rights, Suzanne Egan, Rachel Murray
Fordham International Law Journal
One of the most striking outcomes of the Good Friday/Belfast Agreement ("Agreement") was the extent to which the establishment of human rights institutions and mechanisms was brought center-stage into the shaping of the political settlement. The dynamic talks process that led to the signing of the Agreement resulted in an extensive range of obligations in regard to human rights on the part of the Irish and British governments, many of which were implemented very soon afterwards. Paragraph 10 of the "Rights, Safeguards and Equality of Opportunity" section of the Agreement makes mention of a trans-jurisdictional human rights initiative that would …
The Complementary Faces Of Legitimacy In International Law: The Legitimacy Of Origin And The Legitimacy Of Exercise, Jean D'Aspremont, Eric De Brabandere
The Complementary Faces Of Legitimacy In International Law: The Legitimacy Of Origin And The Legitimacy Of Exercise, Jean D'Aspremont, Eric De Brabandere
Fordham International Law Journal
Global governance rests on the exercise of public authority by a myriad of actors. In the international order, the more powers and influence these actors acquire, the more their legitimacy proves to be controversial. It is submitted here that the legitimacy of international, regional, and domestic actors that partake in global governance—those considered here as global actors—must be appraised from a two-fold standpoint. Their legitimacy can first be gauged through the lens of the origin of their powers. This is what this Article calls the legitimacy of origin. The origin of the power may often prove an insufficient indicator of …
Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher D. Totten
Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher D. Totten
Fordham International Law Journal
A concept of immunity for foreign heads of state has existed since ancient times. Such immunity constitutes customary international law (“CIL”) and, when applicable, frees such individuals from the criminal jurisdiction of foreign nations while carrying out their duties. In the United States, executive branch guidance is considered determinative on the issue of foreign head-of-state immunity; however, the executive branch does not always provide suggestions of immunity, or it may provide suggestions that violate CIL. Drawing upon both US and against foreign sitting and former heads of state and government officials increasingly are becoming more established and ma provide additional …
Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff
Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff
Fordham International Law Journal
This Essay will explore the issues and concerns from both the defendant and plaintiff angle, and from the micro to the macro level. Above all, it hopes to suggest ways in which the EU systems might be improved to increase fairness and access to justice for both sides. The first three Parts of this Essay consider the issues from the point of view of defendants in cartel investigations. Part I looks at concerns regarding the procedural detail of the investigative process, and in particular the increasing impact of human rights arguments. Part II steps back to focus on more over-arching …
Accountability In International Project Finance: The Equator Principles And The Creation Of Third-Party-Beneficiary Status For Project-Affected Communities, Marissa Marco
Fordham International Law Journal
The creation of a third-party-beneficiary interest is a method to police the actions of entities doing business abroad. This Note discusses the viability of gleaning from the Principles a third-party-beneficiary right for project-affected communities to ensure compliance with the Industry's social and environmental standards. Part I defines project finance, discusses the emergence of social and environmental standards, such as the Principles, and describes the requirements of each of the ten individual Principles. Part II provides real world examples of the lack of effectiveness of the Principles in practice and explains some of the forces contributing to this practical failure. Part …
Awaking The Sleeping Dragon: The Evolving Chinese Patent Laws And Its Implications For Pharmeceutical Patents, Rachel T. Wu
Awaking The Sleeping Dragon: The Evolving Chinese Patent Laws And Its Implications For Pharmeceutical Patents, Rachel T. Wu
Fordham International Law Journal
Part I of this Comment will discuss the development of the Chinese IP system and discuss why it has been ineffective in protecting pharmaceutical patents by comparing it to the US patent system. Part II analyzes the third amendment to the Chinese patent law and how it protects patents, particularly pharmaceutical ones, and deters counterfeiters from infringing upon the patents. Part II also presents different views on the effectiveness of the third amendment to protect patents. Part III argues that even though the third amendment is a great leap forward, pharmaceutical counterfeiting will continue to happen if the local governments …
Taking The Law Seriously: The Imperative Need For A Nuclear Weapons Convention, Peter Weiss
Taking The Law Seriously: The Imperative Need For A Nuclear Weapons Convention, Peter Weiss
Fordham International Law Journal
Jonathan Swift famously said, "Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through." Swift was no doubt referring to the propensity of the law to shrink from prosecuting the lords of the realm, while going vigorously after smaller fry. But his aphorism applies equally to issues: the more portentous the issue, the less likely it is to yield to legal restraints. This is evidenced by such lawless pronouncements as "international law is not a suicide pact" or, more recently, "I believe that all nations-strong and weak alike-must adhere to standards that govern the …
A Home In The City: Women's Struggle To Secure Adequate Housing In Urban Tanzania, Katherine Hughes, Elisabeth Wickeri
A Home In The City: Women's Struggle To Secure Adequate Housing In Urban Tanzania, Katherine Hughes, Elisabeth Wickeri
Fordham International Law Journal
This Report presents the findings of this research effort. Part I sets out the history of Tanzania's informal settlements, including an overview of the evolution that led to the current housing crisis. Part I then reviews Tanzania's obligations under international and domestic law regarding the right to adequate housing and intersecting issues.Part II documents women's struggle to obtain adequate housing in urban Tanzania. This Part first identifies the multiple barriers women face in securing and retaining housing in Tanzanian cities, including discriminatory laws and practices, deeply entrenched patriarchal attitudes, and HIV/AIDS stigma and discrimination. Part II then explores how the …
The International Legal Right To Individual Compensation In Nepal And The Transitional Justice Context, Matthew F. Putori
The International Legal Right To Individual Compensation In Nepal And The Transitional Justice Context, Matthew F. Putori
Fordham International Law Journal
Part I of this Note provides a brief political history of Nepal since the mid-eighteenth century; defines the concept of transitional justice; and explores the international law of remedy, reparations, and compensation. Part II focuses on the right to individual compensation in order to determine which human rights violations trigger a state's legal obligation to compensate victims, and then applies that right to the transitional justice context. Finally, Part III proposes the design of an individual compensation program in which Nepal, and other transitional states, can fulfill legal obligations while simultaneously working toward peace, democracy, and development.
Working Toward A Legally Enforceable Nuclear Non-Proliferation Regime, Ronald J. Sievert
Working Toward A Legally Enforceable Nuclear Non-Proliferation Regime, Ronald J. Sievert
Fordham International Law Journal
The foundation of the international effort to stop the proliferation of nuclear weapons is the Nuclear Non-Proliferation Treaty ("NPT"). This Article proceeds in three parts. Part I proposes a new Nuclear Non-Proliferation Treaty. Part II contains preliminary observations regarding the Security Council, General Assembly and Zanger Committee provisions of the new treaty and then addresses the basic question of why nations might be willing to scrap the established NPT in favor of this new proposed agreement. Finally, Part III discusses how the advent of international institutions and the increasing incorporation of international law into the framework of domestic, regional and …
In Honor Of Roger J. Goebel, Joseph C. Sweeney
In Honor Of Roger J. Goebel, Joseph C. Sweeney
Fordham International Law Journal
International Law Journal are proud to dedicate the second issue of the Journal’s thirty-fourth volume to one of the school’s most distinguished and productive teachers and scholars, Roger J. Goebel, the Alpin J. Cameron Professor of Law and Director of the Center on European Union Law, on the occasion of his seventy-fifth birthday. A native of Indianapolis, Professor Goebel received his undergraduate education at Manhattan College, where he was awarded an A.B. degree in June 1957. (It is significant to note that on March 25, 1957 the Treaty of Rome was concluded, establishing the European Common Market and that it …
Shareholder Liability For Joint Venture Infringements In The European Union, Jolling K. De Pree, Stefan C.H. Molin
Shareholder Liability For Joint Venture Infringements In The European Union, Jolling K. De Pree, Stefan C.H. Molin
Fordham International Law Journal
Part I of this Essay briefly addresses the legal basis for attribution of liability as established by the CJ in Akzo Nobel. Part II discusses the Commission's new attribution policy for joint venture infringements and its compatibility with EU case law. Part III discusses the application of the concept of joint and several liability in joint venture situations.