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Full-Text Articles in Law
The U.S. Court Of International Trade And The U.S. International Trade Commission After Ten Years -- A Personal View, James A. Toupin
The U.S. Court Of International Trade And The U.S. International Trade Commission After Ten Years -- A Personal View, James A. Toupin
Fordham International Law Journal
This Article will present come impressions of the effect on the U.S. International Trade Commission of key elements of the 1979-1980 reforms contained in the Trade Agreements Act of 1979 and the Customs Courts Act of 1980. The reforms established the current system for the judicial review of antidumping and countervailing duty determinations. This Article will first address some of the observable impacts of the judicial review system on the operation of the Commission and will then attempt to examine the operation of the U.S. Court of International Trade as an expert tribunal with first-level appellate responsibility over trade cases. …
Accomplishing The Legislative Goals For The U.S. Court Of International Trade: More Speed! More Speed!, Leonard M. Shambon
Accomplishing The Legislative Goals For The U.S. Court Of International Trade: More Speed! More Speed!, Leonard M. Shambon
Fordham International Law Journal
Part I of this Article describes the congressional goals for the CIT in 1979 and 1980. Part II focuses on the actual performance of the CIT with regard to one of those goals, speedy resolution of antidumping and countervailing duty disputes. Furthermore, Part II documents the level of delay during the four main phases of an initial CIT review of antidumping or countervailing duty administrative determination. Part III examines the supplemental impact of CIT-ordered remands on speedy resolution. Part IV briefly comments on the effect of appellate review of CIT decisions on both speed and certainty in these actions. This …
Liquidated Damages: Making Sense Of The Relations Between The U.S. Customs Service, Bond Principals, And Sureties, Gilbert Lee Sandler
Liquidated Damages: Making Sense Of The Relations Between The U.S. Customs Service, Bond Principals, And Sureties, Gilbert Lee Sandler
Fordham International Law Journal
This Article is an attempt to describe the current state of the evolving law on liquidated damages and to focus attention on several of the emerging areas that are likely to require administrative, congressional, or judicial action.
Stare Decisis And The U.S. Court Of International Trade: Two Case Studies Of A Perennial Issue, Charles H. Nalls, Paul R. Bardos
Stare Decisis And The U.S. Court Of International Trade: Two Case Studies Of A Perennial Issue, Charles H. Nalls, Paul R. Bardos
Fordham International Law Journal
This Article examines the tension between the independence of judges in the CIT and the role of stare decisis in the CIT. After an overview of the applicability of the doctrine at the trial court level, the Article will set out two case studies in CIT decision making. The first example, relating to the standard to be applied by the Commission in preliminary antidumping and countervailing duty investigations, is a “worst case scenario” in which judicial inconsistency has caused a great deal of confusion for the Commission and its individual commissioners. The second example, which involves a series of cases …
The European Convention On The Compensation Of Victims Of Violent Crimes: A Decade Of Frustration, Nicholas C. Katsoris
The European Convention On The Compensation Of Victims Of Violent Crimes: A Decade Of Frustration, Nicholas C. Katsoris
Fordham International Law Journal
In July 1983, after nearly a decade of discussion, the Council of Europe adopted the European Convention on the Compensation of Victims of Violent Crimes. The Convention seeks to harmonize Europe's existing crime victims compensation schemes by providing a set of guidelines for the treatment of domestic and foreign crime victims. The Convention thereby seeks to establish consistent victims compensation schemes in its member states. This Note argues that the Convention fails to address adequately the problem of cost, thus failing in its goal of uniformity. Part I of this Note discusses the theory of victims compensation and the Convention. …
Brokering A Difficult Marriage: Substantive Defenses Under Rule 60(B)(4) Relief From Default Judgments In Foreign Sovereign Immunities Act Proceedings , A. John Sutham
Brokering A Difficult Marriage: Substantive Defenses Under Rule 60(B)(4) Relief From Default Judgments In Foreign Sovereign Immunities Act Proceedings , A. John Sutham
Fordham International Law Journal
This Note argues that U.S. courts should allow foreign states to raise substantive defenses when using Rule 60(b)(4) to challenge the courts' jurisdiction to enter a default judg- ment. Part I of this Note analyzes the FSIA and relief from judgment under Rule 60(b). Part II analyzes the conflicting views on whether to consider substantive defenses in deter- mining subject matter jurisdiction. Part III argues that in the context of FSIA actions the use of substantive defenses under Rule 60(b)(4) is not only workable, but more desirable than the use of Rule 60(b)(6) judicial discretion. This Note concludes that the …
Consolidated Gold Fields Plc V. Minorco, S.A.: The Extraterritorial Application Of U.S. Securities Laws In International Equities Markets, William R. Covey
Consolidated Gold Fields Plc V. Minorco, S.A.: The Extraterritorial Application Of U.S. Securities Laws In International Equities Markets, William R. Covey
Fordham International Law Journal
This Comment argues that, based on existing case law, the Second Circuit improperly held that the district court had subject matter jurisdiction over a foreign takeover attempt in its Gold Fields decision. Part I examines the legal principles that govern the extraterritorial application of U.S. securities laws. Part II presents the factual background of Gold Fields and the legal analysis of the decision. Part III argues that the Second Circuit incorrectly exercised subject matter jurisdiction over the foreign securities claim. This Comment concludes that U.S. courts should decline to exercise subject matter jurisdiction in securities cases where domestic interests are …
J. Jackson, The World Trading System: Law And Policy Of International Economic Relations, Edwin J. Madaj
J. Jackson, The World Trading System: Law And Policy Of International Economic Relations, Edwin J. Madaj
Fordham International Law Journal
The book first sets forth the policies and practical considerations underlying the current international and national trading regimes, including a description of what Professor Jackson calls the "constitutional structure" of the national and world trading systems. In addition, the book describes the procedures and practices of dispute resolution. The international focus of the book is largely on the GATT, with the bulk of the book devoted to a discussion of a number of important substantive topics pertaining to the GATT. As the book points out, while a primary purpose of that international agreement was to lower tariffs, which has largely …
Legal Remedies For The Failure Of European Community Institutitions To Act In Conformity With Eec Treaty Provisions, Ole Due
Fordham International Law Journal
This shall concentrate on that part of the case law by which the Court has tried to compensate for the inaction of the political institutions. It shall examine this case law from a procedural viewpoint. The purpose is to find out which procedural weapons the Court has made use of. The examination will be confined essentially to the legal remedies employed against the Council's inaction. This shall first run through the forms of procedure which have in practice proved to be the most appropriate before going on to examine why the action for failure to act has been of so …
Jurisdictional Issues: The Eec Merger Control Regulation, Member State Laws, And Articles 85 And 86, Jacques H. J. Bourgeois, Bernd Langeheine
Jurisdictional Issues: The Eec Merger Control Regulation, Member State Laws, And Articles 85 And 86, Jacques H. J. Bourgeois, Bernd Langeheine
Fordham International Law Journal
This Article deals with two main issues. One is the division of powers between the European Economic Community and the Member States with regard to merger control after September 21, 1990. The other is the possible application, by the Commission of the European Communities or by national authorities, of Article 85 and 86 of the Treaty Establishing the European Economic Community to mergers covered by Regulation No. 4064/89. The Article casts a brief look at how the dividing line between merges and operations which do not qualify as mergers within the sense of article 3 of the Regulation will be …
A. Tovias, The European Communities' Single Market: The Challenge Of 1992 For Sub-Saharan Africa, Edward Kwakwa
A. Tovias, The European Communities' Single Market: The Challenge Of 1992 For Sub-Saharan Africa, Edward Kwakwa
Fordham International Law Journal
Professor Tovias' book is a refreshing and welcome addition to the existing literature on the different aspects of Europe 1992. The European Communities' Single Market is divided into seven chapters. The introduction in Chapter One is preceded by a summary and conclusions." Chapter Two discusses the interdependence between the EC and Sub-Saharan Africa.' The third and fourth chapters are devoted to the effects of eliminating specific intra-EC barriers and new barriers likely to arise from Europe 1992. Chapter Five comprises an analysis of the impact of Europe 1992 on various sectors, such as mineral products, tropical products, and services.' In …
Problems In International Law Enforcement, Richard A. Martin
Problems In International Law Enforcement, Richard A. Martin
Fordham International Law Journal
I would like to discuss the efforts that the United States has made to develop an effective system of international law enforcement, and the difficulties which it has encountered in that process. I will begin with a brief description of the tools which are available and can be employed in international criminal procedure. I will then discuss how these tools have been applied to different types of criminal activity. As I will explain, they have proved highly successful in the areas of narcotics trafficking, organized crime, and money laundering, but have encountered significant problems in the area of terrorism. These …
Investments In The Territory Of The Former German Democratic Republic, Michael Gruson, Georg F. Thoma
Investments In The Territory Of The Former German Democratic Republic, Michael Gruson, Georg F. Thoma
Fordham International Law Journal
This Article intends to analyze the major issues which come up in almost every transaction involving investments in the Former GDR. Part I briefly describes the law applicable to transactions in the Former GDR. Part II outlines the legal structure of enterprises in the territory of the Former GDR, the ownership of these enterprises, and questions relating to their balance sheets. Part III addresses the important question of restitution or compensation claims which may be asserted against such enterprises or the investor. Part IV considers problems with which an investor in the Former GDR typically is confronted, mainly issues of …
Conciliation As A Mechanism For The Resolution Of International Economic And Business Disputes, Linda C. Reif
Conciliation As A Mechanism For The Resolution Of International Economic And Business Disputes, Linda C. Reif
Fordham International Law Journal
This Article will examine the use of conciliation as a mechanism for the resolution of disputes arising out of trade, investment, and other business relationships in this broadly framed transnational system. Part I presents an overview of dispute resolution methods. Part II provides a definition of “international conciliation.” Part III discusses the various uses of international conciliation as a method for the resolution of international conflicts; this Part highlights several relevant international agreements and organizations. Part IV argues in favor of conciliation as a means for achieving the settlement of international economic and business disputes.
Recognizing Modern Maintenance And Cure As An Admiralty Right, Virginia A. Mcdaniel
Recognizing Modern Maintenance And Cure As An Admiralty Right, Virginia A. Mcdaniel
Fordham International Law Journal
This Note argues that maintenance and cure is a right inherent in general admiralty law. As such, it applies equally to unionized and non-unionized seamen, regardless of whether a bargained-for rate of maintenance and cure exists. Part I traces the development of the doctrine of maintenance and cure. Part II presents and compares the courts' positions on the assessment of maintenance and cure. Part III proposes that maintenance and cure is an admiralty right, implicit in every seaman's employment, which no contractual provision can abrogate. This Note concludes that courts should decide each maintenance and cure case on an individual …
The Jones Act's Specific Venue Provision: Does It Preclude Forum Non Conveniens Dismissal?, Timothy P. O'Shea
The Jones Act's Specific Venue Provision: Does It Preclude Forum Non Conveniens Dismissal?, Timothy P. O'Shea
Fordham International Law Journal
This Note argues that the doctrine of forum non conveniens should be applied uniformly to all cases brought by non-U.S. seamen under the Jones Act in U.S. courts. Part I reviews Jones Act legislation, case law, and the doctrine of forum non conveniens. Part II analyzes modified forum non conveniens case law and diversity forum non conveniens case law. Part III argues that diversity forum non conveniens analysis best interprets the congressional intent underlying the Jones Act, and best follows the guidelines established by the U.S. Supreme Court's forum non conveniens and Jones Act case law. This Note concludes that …
Dow Chemical Company V. Castro Alfaro: The Demise Of Forum Non Conveniens In Texas And One Less Barrier To International Tort Litigation, Michael T. Manzi
Dow Chemical Company V. Castro Alfaro: The Demise Of Forum Non Conveniens In Texas And One Less Barrier To International Tort Litigation, Michael T. Manzi
Fordham International Law Journal
This Comment argues that Castro Alfaro and the limitations it imposes on the doctrine of forum non conveniens in international tort litigation reflect an accurate interpretation of the statute and appropriate consideration of policy implications. Part I presents the background of forum non conveniens, jurisdiction, and venue. Part I also discusses specific jurisdiction and specific venue statutes in the United States and Texas. Part II discusses the background events of Castro Alfaro, the majority opinion, and the various concurring and dissenting opinions. Part III argues that the Castro Alfaro court based its decision on proper statutory interpretation and sound international …
An Emerging International Framework For Transnational Corporations, Peter Hansen, Victoria Aranda
An Emerging International Framework For Transnational Corporations, Peter Hansen, Victoria Aranda
Fordham International Law Journal
The emergence of the transnational corporation (the “TNC”) as a main engine of global economic activity is a phenomenon characteristic of the post-Second World War period. These corporations revolutionized international business patterns, leading to an unprecedented level of transnationalization of the world economy. The importance of foreign investment and TNC activity in the world economy is best illustrated by the following figures: after a period of about five years of steady growth, in 1989 outflows of foreign direct investment reached a level of US$196 billion, while the total stock was US$1.5 trillion. Recent estimates suggest that, for a number of …
Current Status Of Lay Share Wage Claims In Admiralty Law, James E. Beaver, Jeffrey C. Mcnamara
Current Status Of Lay Share Wage Claims In Admiralty Law, James E. Beaver, Jeffrey C. Mcnamara
Fordham International Law Journal
This Article explores the parameters of claims under oral lay share agreements in the commercial fishing industry. The Article analyzes such agreements by exploring the rationale used in the four principal lay share cases in the geographic area of the U.S. Court of Appeals for the Ninth Circuit. Additionally, this Article considers the historical development of, and policies behind, maritime laws favoring able seamen, and how these laws have contributed to oral lay share agreements as those agreements affect the rights of commercial fishermen.
Individual Rights And The Doctrine Of Speciality: The Deteriorations Of The United States V, Rauscher, Christopher J. Morvillo
Individual Rights And The Doctrine Of Speciality: The Deteriorations Of The United States V, Rauscher, Christopher J. Morvillo
Fordham International Law Journal
This Note argues that U.S. courts must permit an extradited individual to invoke treaty rights under the doctrine of speciality. Part I traces the history of extradition and the development of the doctrine of speciality. Part II analyzes the cases that address the issue of individual rights and the doctrine of speciality. Part III argues that extradition treaties vest defendants with the right to invoke the doctrine of speciality's protection. This Note concludes that defendants must be granted the right to raise violations of the doctrine of speciality to protect the integrity and purpose of extradition treaties.
New U.N. Convention On Liability Of Terminal Operators In International Trade, Joseph C. Sweeney
New U.N. Convention On Liability Of Terminal Operators In International Trade, Joseph C. Sweeney
Fordham International Law Journal
This Article examines the completion of the new United Nations Convention on the Liability of Operators of Transport Terminals is International Trade at a diplomatic conference in Vienna. This conference terminated an eight-year process of international legislation that began with a recognition of the problem of the gaps in international transport law by the International Institute for the Unification of Private Law (“UNIDROIT”), a complete study of the terminal operations industry and a lengthy review of the legal problems in the Working Group on International Contract Practices (the “Working Group”) of the United Nations Commission on International Trade Law (“UNCITRAL”), …
First Annual Philip D. Reed Memorial Issue, John D. Feerick
First Annual Philip D. Reed Memorial Issue, John D. Feerick
Fordham International Law Journal
Philip Dunham Reed, to whose memory this inaugural issue of Volume 14 of the Fordham International Law Journal is dedicated, was a leading industrialist, patent attorney and international corporate executive during the great epochal periods of this century: the boom of the twenties, the Great Depression, World War II, and the post-war reconstruction.
The Land Of Liquidated Damages: Recent Judicial Decisions And Unresolved Issues, Barbara M. Epstein
The Land Of Liquidated Damages: Recent Judicial Decisions And Unresolved Issues, Barbara M. Epstein
Fordham International Law Journal
By virtue of the Customs Courts Act of 1980 (the "1980 Act"),' the U.S. Court of International Trade (the "CIT") was granted new and exclusive jurisdiction over certain actions commenced by the United States, including actions "'to recover upon a bond relating to the importation of merchandise." As a result of the 1980 legislation, the CIT became the new forum for suits instituted by the United States to collect liquidated damages which had been assessed by the U.S. Customs Service ("Customs") against, an importer and/or its surety for breach of the terms of an importation bond. This Article shall concentrate …
Toward A Fuller Appreciation Of Nonacquiescence, Collateral Estoppel, And Stare Decisis In The U.S. Court Of International Trade, David A. Hartquist, Jeffrey S. Beckington, Kathleen W. Cannon
Toward A Fuller Appreciation Of Nonacquiescence, Collateral Estoppel, And Stare Decisis In The U.S. Court Of International Trade, David A. Hartquist, Jeffrey S. Beckington, Kathleen W. Cannon
Fordham International Law Journal
This Article explores the extent to which the agencies charged with administering the antidumping and countervailing duty laws are refusing to acquiesce in decisions of the CIT and the justifications, if any, for the practice of nonacquiescence. This article considers the use of devices with the potential of controlling or limiting agency nonacquiescence, such as collateral estoppel and stare decisis, as mechanisms to ensure uniformity among decisions by both the agencies and the CIT. The authors believe that nonacquiescence should be curtailed by the CIT so that the judiciary's power “to say what the law is” will remain separate from …
United States V. Verdugo-Urquidez: Restricting The Borders Of The Fourth Amendment, Mary Lynn Nicholas
United States V. Verdugo-Urquidez: Restricting The Borders Of The Fourth Amendment, Mary Lynn Nicholas
Fordham International Law Journal
This Comment argues that United States v. Verdugo-Urquidez signals an unwarranted limitation on constitutional protections which may present disturbing ramifications for aliens in U.S. courts. Part I of this Comment examines the line of cases that extend constitutional protections to citizens beyond U.S. borders and to aliens within U.S. territory. Part II discusses the factual and procedural background of the Verdugo-Urquidez case. Part III discusses the reasoning of the plurality, concurring, and dissenting opinions. Part IV analyses the plurality opinion and suggests that United States v. Verdugo-Urquidez reverses a trend extending constitutional protection outside the United States. This Comment concludes …
The Scope Of Application Of The Merger Control Regulation, Christopher Jones
The Scope Of Application Of The Merger Control Regulation, Christopher Jones
Fordham International Law Journal
This Article attempts to provide a practical guide to individuals attempting to determine which mergers and acquisitions fall under Community jurisdiction. Part I reviews the basic considerations the European Economic Community Regulation No. 4064/89 gives to the term “Community dimension.” Part II examines the separation of jurisdiction between the Commission of the European Communities and the Member States in light of these two propositions.
The European Community's Policy On Implementation Of Environmental Directives, Rolf Wägenbaur
The European Community's Policy On Implementation Of Environmental Directives, Rolf Wägenbaur
Fordham International Law Journal
This Article first discusses the legal nature of the directive and the process by which Member States implement directives. Second, this Article explores enforcement of directives and examines the enforcement roles of the Commission of the European Communities and the Court of Justice of the European Communities. Finally this Article proposes a series of initiatives at the Member State and Community levels to improve implementation and enforcement of Community environmental law.
Toward A Community Bill Of Rights: The European Community Charter Of Fundamental Social Rights, Mary Frances Dominick
Toward A Community Bill Of Rights: The European Community Charter Of Fundamental Social Rights, Mary Frances Dominick
Fordham International Law Journal
This Article considers the Commission's initial step toward a Community bill of rights-its 1979 proposal for accession to the European Convention. That proposal was prompted in large measure by a 1974 decision of the German Constitutional Court. Due to the importance of this rulings for Community human rights jurisprudence, their significance and substance are examined in some detail in Part II of the Article. In Part III, the Council of Europe's European Social Charter is contrasted with the Community Charter, the former document having been signed, though not ratified, by all twelve Community Member States.
Weighted Voting In The International Monetary Fund And The World Bank, William N. Gianaris
Weighted Voting In The International Monetary Fund And The World Bank, William N. Gianaris
Fordham International Law Journal
This Article contends that the current system of weighted voting is essential for the efficient operation of the IMF and the World Bank. Part I briefly reviews the historical background of the IMF and the World Bank. Part II analyzes the IMF's and the World Bank's weighted voting systems. Part III discusses the weighted voting systems of regional banks. Part IV discusses other international organizations with weighted voting. Part V examines international organizations that have equal voting systems. Part VI analyzes the changes and challenges to the weighted voting system in the IMF and the World Bank.
Investments In The Territory Of The Former German Democratic Republic—A Chance Of Direction, Michael Gruson, Georg F. Thoma
Investments In The Territory Of The Former German Democratic Republic—A Chance Of Direction, Michael Gruson, Georg F. Thoma
Fordham International Law Journal
This Article intends to analyze the major issues which come up in almost every transaction involving investments in the Former GDR. Part I briefly describes the law applicable to transactions in the Former GDR. Part II outlines the legal structure of enterprises in the territory of the Former GDR, the ownership of these enterprises, and questions relating to their balance sheets. Part III addresses the important question of restitution or compensation claims which may be asserted against such enterprises or the investor. Part IV considers problems with which an investor in the Former GDR typically is confronted, mainly issues of …