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Full-Text Articles in Law
The United Nations: Reflections On Fifty Years, 1945-1995, Joseph C. Sweeney
The United Nations: Reflections On Fifty Years, 1945-1995, Joseph C. Sweeney
Fordham International Law Journal
Introduction in relation to the 50th anniversary of the United Nations.
Canadian Lawyer Mobility And Law Society Conflict Of Interest, Alexander J. Black
Canadian Lawyer Mobility And Law Society Conflict Of Interest, Alexander J. Black
Fordham International Law Journal
This Article discusses inter-jurisdictional mobility of lawyers in Canada, comparing Canadian practice to European Community ("Community" or "EC") reforms and U.S. practice. Ironically, the Community eschews using the label "federal" because the process of European unification is ongoing, yet the new regime for the transfer of lawyers between EC Member States is freer and less fettered than the transfer regimes in Canada. In the United States, the mobility of lawyers is dependent upon reciprocal agreements between state bar associations whereby qualification in one state bar permits direct entry to practice in other states. Hence, this Article compares the rules affecting …
Out In Left Field: Cuba's Post-Cold War Strikeout, Berta Esperanza Hernández Truyol
Out In Left Field: Cuba's Post-Cold War Strikeout, Berta Esperanza Hernández Truyol
Fordham International Law Journal
This Article studies the Cuban situation in four parts. First, it reviews whether Cuba actually fits basic expectations of "Third World country" status. As discussed in Part I, the figures of social and human development indicators, as well as economic development figures, reveal that Cuba does not match the definition neatly. Its health, education, and welfare figures rival those of industrial states. Economic development figures, however, paint a completely different picture. Economic considerations certainly permit labelling the island as a "developing country," particularly since the onset of the 1986 recession, as exacerbated by the demise of communism and Cuba's consequent …
Forced Prostitution: Naming An International Offense, Nora V. Demleitner
Forced Prostitution: Naming An International Offense, Nora V. Demleitner
Fordham International Law Journal
This paper presents an argument for recognizing "forced prostitution" as an international offense in its own right for which the procurers, brothel owners and managers, and financiers as well as the women's customers can be held criminally liable. While the international debate has attempted to characterize forced prostitution as slavery, the term "slavery" fails to evoke the images of all the violations that encompass forced prostitution. Were the United Nations and regional organizations to acknowledge and label forced prostitution as an international crime, their member states would be required to enact domestic legislation outlawing and criminalizing it as well as …
Balancing Collective Security And National Sovereignty: Does The United Nations Have The Right To Inspect North Korea's Nuclear Facilities?, Susan Carmody
Fordham International Law Journal
This Note examines the legal conflicts in the nuclear nonproliferation regime that developed due to the Agency's attempt to verify North Korea's compliance with the NPT. Part I reviews the history of the nonproliferation regime, as well as the pertinent textual provisions of the IAEA Statute, the NPT, and the North Korean-Agency Safeguards Agreement. Part II reviews the events leading up to North Korea's alleged withdrawal from the NPT and discusses the DPRK's and the Agency's legal arguments concerning North Korea's rights under the regime. Part III argues that the Agency has the right to inspect the DPRK's facilities because: …
The Legal Status Of Gibraltar: Whose Rock Is It Anyway?, Simon J. Lincoln
The Legal Status Of Gibraltar: Whose Rock Is It Anyway?, Simon J. Lincoln
Fordham International Law Journal
This Note argues that the right to self-determination, as expressed in Resolution 1514, empowers the people of Gibraltar with the right to determine their own destiny. Part I discusses the factual and legal background of the dispute over sovereignty of both the City of Gibraltar, as well as the isthmus connecting the city to Spain. Part II explains the British, Spanish, and Gibraltarian claims to the territory, analyzing the relevant U.N. resolutions, agreements and legislation that have defined the respective rights of the three parties. Part III argues that Gibraltar has the right to self-determination and that Great Britain should …
Vision Of Europe: Lessons For The World, Eleanor Fox
Vision Of Europe: Lessons For The World, Eleanor Fox
Fordham International Law Journal
In this introductory essay, the author defines the economic vision of Europe for its internal market. Next, she will note how various Articles in this issue either express the vision, the tensions that lie within it, or the difficulties of the tasks involved in achieving it. She concludes by observing that Europe is grappling with a panoply of questions that will, in one decade or another, present themselves to the world, and while the world may not choose Europe's answers to the questions, it will be the wiser for confronting them.
The Role And Mechanism Of The Preliminary Ruling Procedure, Carl Otto Lenz
The Role And Mechanism Of The Preliminary Ruling Procedure, Carl Otto Lenz
Fordham International Law Journal
This Article examines the preliminary ruling procedure, by far the most important procedure for legal practitioners and courts. Because Community law, by reason of its supremacy and direct effect, impacts relationships between individuals, Member State courts are asking the Court to decide Community law questions more frequently. Although the law to be applied in these cases is the same in all Member States, there is a potential danger to the functioning of the EC legal system as a whole if the law is not applied uniformly in the Member States. The founding fathers of the Community averted this situation by …
Defining Legitimate Competition: Companies' Duties To Supply Competitors And Access To Essential Facilities, John Temple Lang
Defining Legitimate Competition: Companies' Duties To Supply Competitors And Access To Essential Facilities, John Temple Lang
Fordham International Law Journal
This Article considers the European Community (“Community” or “EC”) antitrust law rules on the duty to supply competitors with important goods or services. It is convenient to begin, in Part I of this Article, by summarizing the relevant Treaty provisions, and the case law of the Court of Justice of the European Communities (the “Court”) and the Commission of the European Communities (the “Commission”) on essential facilities. Part I begins with the less specialized cases, and outlines the Court and Commission cases on telecommunications and performing rights societies, as well as some relevant Community legislation. This provides the basis for …
Subsidiarity And Soverignty In The European Union, Paul D. Marquardt
Subsidiarity And Soverignty In The European Union, Paul D. Marquardt
Fordham International Law Journal
The institutional quick fix may support the nation-state in the short run, but the underlying logic of subsidiarty reduces the claim of rightful governance to a technocratic question of functional efficiency that will eventually undercut the nation-state's claims to loyalty. In reaching this conclusion, this Article first explores the origins and underpinnings of the doctrine of subsidiarity. Second, it examines the application of subsidiarity to the European Community. Finally, it examines the compatibility of the principles developed with today's understanding of sovereignty in Western Europe.
Marshall Ii: Enhancing The Remedy Available To Individuals For Gender Discrimination In The Ec, Gina L. Ziccolella
Marshall Ii: Enhancing The Remedy Available To Individuals For Gender Discrimination In The Ec, Gina L. Ziccolella
Fordham International Law Journal
This Comment asserts that although the Court of Justice may not have employed well-defined judicial principles, Marshall II nevertheless harmonizes the application of the Equal Treatment Directive in Member State courts. Part I explores how directives are enacted by the Council and enforced by the Court of Justice. In addition, Part I discusses the Equal Treatment Directive, as well as Marshall I , the precursor to Marshall II. Part II sets forth the factual and procedural history of Marshall II and examines the opinion of the Court. Part III argues that the Court of Justice, in Marshall II, engaged in …
Derrick Wyatt & Alan Dashwood, European Community Law, Laurence W. Gormley
Derrick Wyatt & Alan Dashwood, European Community Law, Laurence W. Gormley
Fordham International Law Journal
Despite the fact that the book's coverage of institutional and administrative EC law is not detailed enough to qualify it as the sole textbook for a general course, Wyatt & Dashwood must continue to form a standard part of any comprehensive reading list in undergraduate and postgraduate courses. However, recourse to Hartley, at least on the recommended list, will still be necessary. Despite this, Wyatt & Dashwood remains an excellent and practical selection for a substantive law course. Yet, Weatherill & Beaumont is more modern in its approach. Their wine has a different bouquet and taste, regarding both its discussion …
The Foundations Of A New Brazil, J.M. Pinheiro-Neto
The Foundations Of A New Brazil, J.M. Pinheiro-Neto
Fordham International Law Journal
It looks as if Brazil has found herself, finally. To have a law journal such as the Fordham International Law Journal dedicate one of its five yearly issues to a newly-elected president of a Latin American country is homage in itself. The fact that the chosen country is Brazil would have to be considered by the Brazilians as a meritorious decision. Further, to have a man like our new President, Mr. Fernando Henrique Cardoso, as the focus of the Journal's attention is certainly interesting.
The Future Of Free Trade In Europe And The World, Jacques Delors
The Future Of Free Trade In Europe And The World, Jacques Delors
Fordham International Law Journal
This speech discusses the future of global free trade, and recommends more international efforts to bolster the multilateral system. The author looks to the European Union as playing a leading role in this effort, not only, as is sometimes claimed, because of its economic weight and its interest in free trade, but primarily because of its identity as an ordered community of nations, representing the very model of balance.
Humanitarian Intervention And Fledgling Democracies, W. Michael Reisman
Humanitarian Intervention And Fledgling Democracies, W. Michael Reisman
Fordham International Law Journal
This essay discusses the lawfulness of humanitarian intervention in circumstances in which the lives of large numbers of a population are in danger and such government as is there is either non-existent, ineffective, or itself the threat to basic human rights. If the great democracies back up their insistence on respect for constitutional democracy in all other states with a claim of a customary right to unilateral humanitarian intervention for its violation, that norm, in itself, will act to deter coups.
Evasion And Flowback In The Regulation S Era: Strengthening U.S. Investor Protection While Promoting U.S. Corporate Offshore Offerings, Josh Futterman
Evasion And Flowback In The Regulation S Era: Strengthening U.S. Investor Protection While Promoting U.S. Corporate Offshore Offerings, Josh Futterman
Fordham International Law Journal
This Note examines whether the structure of Regulation S has caused increased flowback of unregistered securities into the United States. Part I discusses the development of the offshore capital markets and the registration requirements of the Securities Act. Part I also details the evolution of the SEC's application of the Securities Act registration requirements to international securities sales, and summarizes Regulation S. Part II discusses the benefits to issuers of using Regulation S, and the effect that Regulation S has had on U.S. corporate participation in the offshore markets. Part II also analyzes the threat that flowback poses to the …
The Republic Of Bosnia-Herzegovina And Article 51: Inherent Rights And Unmet Responsibilities, Gideon A. Moor
The Republic Of Bosnia-Herzegovina And Article 51: Inherent Rights And Unmet Responsibilities, Gideon A. Moor
Fordham International Law Journal
This Note argues that the Security Council has not met its responsibility to restore international peace and security in Bosnia, and that it therefore must rescind Resolution 713 as it pertains to Bosnia. Part I provides a background of the events surrounding the outbreak of conflict in Bosnia, and introduces the standard by which the United Nations may preempt a member state's right to self-defense. Part I also presents the international human rights documents that are relevant to the conflict. Part II examines U.N. attempts to restore international peace and security in Bosnia. Part III argues that the continuation of …
Refugees And Their Human Rights, Louis Henkin
Refugees And Their Human Rights, Louis Henkin
Fordham International Law Journal
This Introduction discusses the state of refugees in international law.
Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni
Former Yugoslavia: Investigating Violations Of International Humanitarian Law And Establishing An International Criminal Tribunal, M. Cherif Bassiouni
Fordham International Law Journal
This Article retraces some of the historic initiatives that have sought to establish a permanent international criminal court and focuses on the contemporary experience of the Commission of Experts Established Pursuant to Security Council Resolution 780 and the International Criminal Tribunal for the Former Yugoslavia. More particularly, it reflects upon the problems of investigating and prosecuting violations of international humanitarian law, and the interaction between pursuing an international criminal justice goal and political settlements of international disputes.
State Aid Control In The European Union: Success Or Failure? , Claus-Dieter Ehlermann
State Aid Control In The European Union: Success Or Failure? , Claus-Dieter Ehlermann
Fordham International Law Journal
This Article examines some structural elements of state aid control and tries to raise the level of understanding for what is undoubtedly one of the most difficult and delicate tasks of the Commission. Part I gives a background on institutional considerations and makes recommendations for state aid control in the EU. Part II looks at the conditions for restructuring aid and asks if the "One Time, Last Time" Principle is necessay.
Implications Of Widening The European Union, Bernhard Schloh
Implications Of Widening The European Union, Bernhard Schloh
Fordham International Law Journal
The article looks at the initial stated requirements for EU membership- that a Member State of the European Communities be “a European state”- and the implications of widening EU membership in light of additional requirements that have since been formalized. These include, 1) being a European state; 2) having a democratic form of government; 3) respecting fundamental rights; and 4) having something of a market economy structure. With respect to the fourth requirement, a state is not required to have a full market economy structure, however, it must be on the way towards it.
The Development Of Regulatory Standards For Gene Therapy In The European Union, Charles F. De Jager
The Development Of Regulatory Standards For Gene Therapy In The European Union, Charles F. De Jager
Fordham International Law Journal
This note examines the EU's efforts to regulate gene therapy, considering the Union's resolve to establish scientifically, economically, and morally sound parameters acceptable to its varied constituency. This includes discussion of legal and ethical considerations, biotechnology goals in the EU, and EU-wide uniform regulations.
Barclays Bank Plc V. Franchise Tax Board Of California: Does The Application Of Worldwide Unitary Taxation To Non-U.S. Parent Corporate Groups Violate The Commerce Clause?, Zain E. Husain
Fordham International Law Journal
This Comment examines whether the Supreme Court in Barclays v. Franchise Tax Board, correctly decided that the application of worldwide unitary taxation to non-U.S. parent groups does not violate the Commerce Clause.
Roger J. Finbow & A. Nigel Parr, U.K. Merger Control: Law And Practice, Barry E. Hawk
Roger J. Finbow & A. Nigel Parr, U.K. Merger Control: Law And Practice, Barry E. Hawk
Fordham International Law Journal
The most striking aspect of international antitrust during the last several years has been the extraordinary proliferation of new statutes and strengthened enforcement of competition laws throughout the world. Today the great majority of industrialized and emergent economy countries have antitrust legislation both on the books and in actual practice. Formerly communist countries in Eastern Europe and the former Soviet Union have enacted antitrust laws as part of their shift to market-oriented economies. Latin American countries have also recently enacted or strengthened their antitrust laws and enforcement. Similarly, antitrust has mushroomed in the Pacific countries, where Japan has gradually been …
Challenges And Questions Around Competition Policy: The Hungarian Experience, Ferenc Vissi
Challenges And Questions Around Competition Policy: The Hungarian Experience, Ferenc Vissi
Fordham International Law Journal
This Essay is principally about economic policy. It highlights the importance of competition policy and suggests that its weight needs to be increased in the overall economic policy, and specifically in some areas closely related to competition. The increased weight principally means that the objectives of economic policy as public values must be included in professional, political and governmental decision-making. This is not driven by any professional chauvinism, but rather by the political need of necessary interest reconciliation and search for compromise. I also believe that competition policy must be in the same category as monetary, financial, or trade policy.
The United Nations Of The Cold War: Contributions To The Post-Cold War Situation, Inis L. Claude, Jr.
The United Nations Of The Cold War: Contributions To The Post-Cold War Situation, Inis L. Claude, Jr.
Fordham International Law Journal
This essay focuses on the developments that are most important for the current and future roles of the United Nations post Cold War. The U.N.'s involvement in the ending of the colonial system and in providing help to Third World economies establishes the basis for the present-day assumption that it is the responsibility of the world organization to shore up societies that collapse, or threaten to collapse, into disorder.
Formulation Of Objectives And Decision-Making Procedure In The European Union, Hans-Joachim Glaesner
Formulation Of Objectives And Decision-Making Procedure In The European Union, Hans-Joachim Glaesner
Fordham International Law Journal
This article discusses potential problems with the governmental structure of the European Union. The Treaty on European Union (or "Maastricht Treaty") establishes procedures for the formulation of objectives and decision-making. Article C does speak of a single institutional framework of the Union, and Titles V and VI envisage specific tasks for the Council and the Commission. The European Parliament has no legal authority to take part in the procedure for formulating objectives and decision-making. Pursuant to Articles J.7 and K.6, the European Parliament has only a limited right to be informed by the Presidency of the Council and to present …
Securing Judicial Review In The United States Court Of International Trade: Has Conoco, Inc. V. United States Broadened The Jurisdictional Boundaries? , Lynn S. Baker, Michael E. Roll
Securing Judicial Review In The United States Court Of International Trade: Has Conoco, Inc. V. United States Broadened The Jurisdictional Boundaries? , Lynn S. Baker, Michael E. Roll
Fordham International Law Journal
To understand whether Conoco has also broadened the jurisdictional boundaries of Section 1581(i), this Article first discusses the Federal Circuit decision in Conoco. It then briefly reviews a sampling of case law on Section 1581(i) prior to Conoco. This Article concludes that Conoco has not broadened the jurisdiction of the CIT, but rather it has directed courts to give effect to Congress' intent to centralize adjudication of international trade disputes in the CIT. Finally, this Article analyzes several fact patterns, including facts from cases decided prior to Conoco, to determine whether the CIT would have jurisdiction under Section 1581(i) in …
The New York Convention And Saudi Arabia: Can A Country Use The Public Policy Defense To Refuse Enforcement Of Non-Domestic Arbitral Awards?, Kristin T. Roy
The New York Convention And Saudi Arabia: Can A Country Use The Public Policy Defense To Refuse Enforcement Of Non-Domestic Arbitral Awards?, Kristin T. Roy
Fordham International Law Journal
This Note examines whether Saudi Arabia's adoption of the New York Convention will advance the successful use of international arbitration by non-Saudi Arabian investors. Part I provides a background of the New York Convention, its purpose, and its historical application in the United States and the Middle Eastern countries of Kuwait and Syria. Part II examines the conflict between the Saudi Arabian legal system and Saudi Arabia's adoption of the New York Convention. Part III argues that Article V(2)(b) of the New York Convention allows a country with a unique legal system, such as Saudi Arabia, to give the appearance …
Dahl's Law Dictionary/Diccionario Juridico, Beverly May Carl
Dahl's Law Dictionary/Diccionario Juridico, Beverly May Carl
Fordham International Law Journal
This book review evaluates Henry S. Dahl’s Spanish/English law dictionary. Dahl's dictionary is so important for the conduct of transnational negotiations and the work of international lawyers that I strongly recommend its acquisition by all those operating in this field, as well as law libraries, embassies, and international divisions of major corporations. It acknowledges the impossibility of directly translating a legal term from one system into that of another. Explanations are given in English in the Spanish/English section and in Spanish in the English/Spanish section. Only one with Dahl's profound knowledge of these different legal systems could have undertaken this …