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1994

International Law

Journal

Institution
Keyword
Publication

Articles 301 - 314 of 314

Full-Text Articles in Law

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck Jan 1994

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck

Cleveland State Law Review

This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …


The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy Jan 1994

The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy

Cleveland State Law Review

In light of the criticism that the Sixth Circuit has received, this note will examine the authority of the court to reopen the Demjanjuk case in June, 1992.


The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo Jan 1994

The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo

Cleveland State Law Review

The legal regulation of foreign investment in Russia is carried out in accordance with the Statute of the Russian Federation dated July 4, 1991, entitled, "Concerning Foreign Investment in the Russia Federation and in accordance with several other basic laws. The statute prescribes the concept of foreign investment and the forms in which it may take effect, the procedure for the creation, operation and liquidation of foreign investment business enterprises, the procedure for the acquisition by foreign investors of ownership shares in the enterprise, its stock or other securities, the procedure for the acquisition by the foreign investor of the …


Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi Jan 1994

Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi

Cleveland State Law Review

This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.


Economic Integration In The Americas: A Work In Progress, Kenneth W. Abbott, Gregory W. Bowman Jan 1994

Economic Integration In The Americas: A Work In Progress, Kenneth W. Abbott, Gregory W. Bowman

Northwestern Journal of International Law & Business

In the next section of the article, we provide an overview of the major subregional groupings and other institutional relationships now being created throughout Latin America. In Section III, we suggest two major goals that should guide the process of economic integration in the Americas: maintaining the multilateral economic system as the highest priority for the region and achieving regional integration at the hemispheric level. We then outline the principal approaches to economic integration currently being followed, or proposed, within the region-including bilateral agreements, subregional groupings, the expansion of NAFrA, and arrangements of continental scaleand assess these approaches as methods …


The United Nations: Reflections On Fifty Years, 1945-1995, Joseph C. Sweeney Jan 1994

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.


Out In Left Field: Cuba's Post-Cold War Strikeout, Berta Esperanza Hernández Truyol Jan 1994

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 …


Balancing Collective Security And National Sovereignty: Does The United Nations Have The Right To Inspect North Korea's Nuclear Facilities?, Susan Carmody Jan 1994

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: …


Subsidiarity And Soverignty In The European Union, Paul D. Marquardt Jan 1994

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.


Evasion And Flowback In The Regulation S Era: Strengthening U.S. Investor Protection While Promoting U.S. Corporate Offshore Offerings, Josh Futterman Jan 1994

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 …


Protection Of Computer Software Programs Under The 1994 Polish Copyright Law, Tenley K. Adams Jan 1994

Protection Of Computer Software Programs Under The 1994 Polish Copyright Law, Tenley K. Adams

Fordham International Law Journal

This Comment provides a study of the 1994 Polish Copyright Law and examines whether the law will lead to increased investment in the Polish software market by U.S. software publishers. Part I discusses the U.S. and Polish computer software industries and the role of U.S. software companies in Poland. Part I also analyzes the 1952 Polish Copyright Law and the problems it precipitated, as well as the dilemma of software piracy as a function of copyright law. Finally, Part I discusses the forces of change that culminated in the enactment of the 1994 Polish Copyright Law. Part II provides an …


Refugees And Their Human Rights, Louis Henkin Jan 1994

Refugees And Their Human Rights, Louis Henkin

Fordham International Law Journal

This Introduction discusses the state of refugees in international law.


Acceptance Of Diversity: The Essence Of Peace In The North Of Ireland, John Hume Jan 1994

Acceptance Of Diversity: The Essence Of Peace In The North Of Ireland, John Hume

Fordham International Law Journal

True unity, as I have said, is based on respect for diversity. In Ireland, we must build political institutions that reflect the diversity of all our people, both North and South. These institutions will allow us to work together in our common economic interests to create hope for all our people. In time, the old sectarian barriers will break down and, in a generation or two, we will see a new Ireland. It will be very different from the models traditionally suggested by unionists and nationalists because it will be built on consensus and acknowledge the diversity of our people. …


Challenges And Questions Around Competition Policy: The Hungarian Experience, Ferenc Vissi Jan 1994

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.