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Full-Text Articles in Law
World Law, Harold J. Berman
Fighting Corruption Across The Border, Karl M. Meessen
Fighting Corruption Across The Border, Karl M. Meessen
Fordham International Law Journal
No abstract provided.
The Quick Solution To Complex Problems: The Article Iii Judge, Hon. Jane A. Restani, Ira Bloom
The Quick Solution To Complex Problems: The Article Iii Judge, Hon. Jane A. Restani, Ira Bloom
Fordham International Law Journal
No abstract provided.
The Role Of International Law In The Twenty-First Century: An African Perspective, A. Peter Mutharika
The Role Of International Law In The Twenty-First Century: An African Perspective, A. Peter Mutharika
Fordham International Law Journal
No abstract provided.
Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultrual Identities, Jacques Delisle
Fordham International Law Journal
No abstract provided.
Women's Human Rights: The Twenty-First Century, Elizabeth F. Defeis
Women's Human Rights: The Twenty-First Century, Elizabeth F. Defeis
Fordham International Law Journal
No abstract provided.
Prosecuting Child Sex Tourists At Home: Do Laws In Sweden, Australia, And The United States Safeguard The Rights Of Children As Mandated By International Law?, Margaret A. Healy
Prosecuting Child Sex Tourists At Home: Do Laws In Sweden, Australia, And The United States Safeguard The Rights Of Children As Mandated By International Law?, Margaret A. Healy
Fordham International Law Journal
No abstract provided.
Japanese And U.S. Financial Derivatives Markets: Recommendations For Loosening Japan's Tightly Regulated Market, Marc Levy
Fordham International Law Journal
No abstract provided.
Vietnam's Struggle To Balance Sovereignty, Centralization, And Foreign Investment Under Doi Moi, Luke Aloysius Mcgrath
Vietnam's Struggle To Balance Sovereignty, Centralization, And Foreign Investment Under Doi Moi, Luke Aloysius Mcgrath
Fordham International Law Journal
No abstract provided.
A Comparative Analysis Of A Corporation's Right Against Self-Incrimination, Scott A. Trainor
A Comparative Analysis Of A Corporation's Right Against Self-Incrimination, Scott A. Trainor
Fordham International Law Journal
No abstract provided.
The Challenge Of Asian Law, Whitmore Gray
The Challenge Of Asian Law, Whitmore Gray
Fordham International Law Journal
Several years ago, when U.S. trade across the Pacific finally surpassed that across the Atlantic, a small group of U.S. lawyers were already responding to the challenge of representing clients in transactions in Asia. While few had had the opportunity to take courses dealing with Asian law during their law school years, many entered the field because of undergraduate language and area studies courses. The challenges seem clear: improve the quantity, and especially the variety, of courses on Asian law; bring Asia into the mainstream of American teaching wherever possible - hopefully as a result of having involved American non-specialist …
The Law Of The Non-Navigational Uses Of International Watercourses: Dilemma For Lower Riparians, Reaz Rahman
The Law Of The Non-Navigational Uses Of International Watercourses: Dilemma For Lower Riparians, Reaz Rahman
Fordham International Law Journal
Today, three factors relating to fresh water sources are universally recognized: first, fresh water is a finite and shrinking resource, essential to sustain life, development, and the environment; second, the effective development and management of fresh water resources requires the participation and cooperation of all users, planners, and policy makers; and third, fresh water has an economic value in all its compelling uses and should, therefore, be recognized as an economic good. More than two decades ago, recognizing that many nations share international watercourses, members of the international community felt that an agreement was needed to codify the rules regulating …
The Emergence Of Diversity: Differences In Human Rights Jurisprudence, Fionnuala Ni Aolain
The Emergence Of Diversity: Differences In Human Rights Jurisprudence, Fionnuala Ni Aolain
Fordham International Law Journal
This Article documents the patterns of judicial divergence in the area of non-derogable rights. It examines the increased conservatism of the European Court of Human Rights relative to other international bodies in one specific area; the interpretation and protection of human rights violations in situations of emergency. This Article explores the responses of international courts and tribunals to situations where states have limited the exercise of their citizens' rights as a result of political crisis. These limitations are examined in relation to the agreed obligations of states to protect rights when they sign human rights treaties. Part I looks …
The Destruction Of Yugoslavia, Svetozar Stojanovic
The Destruction Of Yugoslavia, Svetozar Stojanovic
Fordham International Law Journal
If my statement about the first Yugoslavia being in many ways a non-synchronized and contradictory state is correct, what then can be said about the second Yugoslavia that endeavored, by keeping silent, to fill in the fatal fissure opened in Jasenovac and other places of annihilation of Serbs in the so-called Independent State of Croatia during the Second World War? For that reason, the former intermediator of the "international community" in Yugoslav conflicts, Lord Carrington, has repeatedly stated that with its new Constitution, Croatia rekindled the conflict with the Serbs.
The Quest For A Bosnian Constitution: Legal Aspects Of Constitutional Proposals Relating To Bosnia, Paul C. Szasz
The Quest For A Bosnian Constitution: Legal Aspects Of Constitutional Proposals Relating To Bosnia, Paul C. Szasz
Fordham International Law Journal
The analogue in international politics is the three-party conflict in Bosnia-Herzegovina, a quagmire in which first Europe and then the entire world have become stuck. The complexity of the problem reflects not only the intensity of the hatreds that have been fanned between the parties and must now be accounted for in any solution, but that two of the primary parties have immediate support in neighboring countries that also have their own bilateral problems to resolve; furthermore, each of these actors has, for historical or other motives, its own important patrons among the leading powers of the world.
Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler
Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler
Fordham International Law Journal
This Article analyzes the Investment Law and its prospects for encouraging foreign businesses to invest in Gaza and the West Bank (collectively, "Palestinian Territories").
The Use Of Force In A United Nations Peace-Keeping Operation: Lessons Learnt From The Safe Areas Mandate, Yasushi Akashi
The Use Of Force In A United Nations Peace-Keeping Operation: Lessons Learnt From The Safe Areas Mandate, Yasushi Akashi
Fordham International Law Journal
The United Nations Protection Force for the former Yugoslavia ("UNPROFOR" or "Force") was established to deter attacks on the safe areas with the use of force, to promote the withdrawal of non-Government forces from the area, and to safeguard the delivery of humanitarian aid. UNPROFOR's experience in Bosnia, particularly in the safe areas, provides a cautionary lesson on the limits of the use of force when sustained political will to back such force, and a willingness to accept the responsibilities and consequences arising from such action, do not exist. Since its inception, UNPROFOR has faced an extraordinary amount of international …
Reconciliation: Applying Historical Lessons To Modern Conflicts, Lord David Owen
Reconciliation: Applying Historical Lessons To Modern Conflicts, Lord David Owen
Fordham International Law Journal
Some argue that the need for reconciliation to override justice particularly applies in civil wars. Within the ICFY, all draft peace settlements and countless bilateral and trilateral statements signed by the parties have included a condemnation of ethnic cleansing and a declaration that any documentation signed under duress is null and void. This author believes that demonstrating to the world again that there are international laws governing individual conduct during war will contribute to the process of reconciliation in the former Yugoslavia and send a wider message to the world as a whole. This piece will examine the reconciliation process …
Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves
Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves
Fordham International Law Journal
This Article reviews the Uruguay Round Agreements and examines the implications of this new multilateral trading system on U.S. sovereignty. Specifically, this Article reviews the new dispute settlement process and the relevant U.S. legislation. Part I provides an overview of the Uruguay Round Agreements. It reviews the Agreement Establishing the WTO and the Understanding on Rules and Procedures Governing the Settlement of Disputes. Part II provides an overview of the U.S. implementing legislation. Part III reviews the proposed Dispute Settlement Review Commission. Part IV examines the implications of the Uruguay Round Agreements on U.S. sovereignty. Specifically, it analyzes the impact …
Aron Broches, Selected Essays: World Bank, Icsid And Other Subjects Of Public And Private International Law, Victor Essien
Aron Broches, Selected Essays: World Bank, Icsid And Other Subjects Of Public And Private International Law, Victor Essien
Fordham International Law Journal
With the possible exception of international peace and security, global economic development has been the dominant theme in international law and international relations since the end of the Second World War. The tenor and intensity has varied over the decades, but the objectives, centering on institutional arrangements and programs to promote the global economy, have remained the same. Broches' collection of essays, originally written between 1957 and 1992, attests to his intimate knowledge of the workings of the IBRD and its related agencies. In addition to providing both the history and the jurisprudential analysis of these institutions, these essays constitute …
Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque
Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque
Fordham International Law Journal
Simply stated, the international children's rights movement asks individual governments to take children's interests seriously when enacting laws for them. In order to enact policies that take children's interests seriously, all laws must be evaluated and examined from the child's point of view. An examination of the current international children's rights movement from the child's point of view, however, reveals considerable schisms between international principles and the state of the world's children. Professor Van Bueren directly examines the complex issues involved in defining and understanding children's rights. Her analysis of formal international law relating to the rights of the child …
Dedication To Ole Due, Gil Carlos Rodríguez Iglesias
Dedication To Ole Due, Gil Carlos Rodríguez Iglesias
Fordham International Law Journal
It is a great pleasure for me to write a few words in tribute to my former colleague and friend Ole Due. Over the past three decades, as a civil servant, a teacher, a judge, and President of the EC Court of Justice, Ole Due has strived and succeeded in making a substantial and valuable contribution to the development and understanding of European Community law.
The Preliminary Ruling Procedure And The United Kingdom, Carl Otto Lenz, Gerhard Grill
The Preliminary Ruling Procedure And The United Kingdom, Carl Otto Lenz, Gerhard Grill
Fordham International Law Journal
The agenda I propose for tonight's talk is both more specific and limited. I intend to look at the preliminary ruling procedure under Article 177 of the EC Treaty and how it is used by the legal community in the United Kingdom. In so doing, I shall draw comparisons to the practice in other major Member States in the Community. My views are of course based on the experience I have gained in my function as a member of the Court in Luxembourg. I would, therefore, be very much interested to learn whether they are shared by the legal community …
Two Years After Keck, Laurence W. Gormley
Two Years After Keck, Laurence W. Gormley
Fordham International Law Journal
This Essay begins by rejecting the reasoning of the joined cases Keck & Mithouard. After discussing what passes for reasoning in this case, this Essay examines the case law before and after Keck in order to attempt to draw some conclusions about the consequences of Keck for the earlier case law and about the application of Article 30 since Keck. In part through a comparison with recent case law on EC Treaty Article 59, the conclusion is that the case law on Article 30 has developed in an extremely unfortunate and unsystematic direction, but also that the unity of the …
Eu Cross-Border Securities Offerings: An Overview, Giovanni Nardulli, Antonio Segni
Eu Cross-Border Securities Offerings: An Overview, Giovanni Nardulli, Antonio Segni
Fordham International Law Journal
This Essay gives a general overview of the EC securities regulations and their influence on the offerings of securities involving several EU markets, with a particular focus on the disclosure requirements and the registration of prospectuses. This Essay will also discuss some regulatory concerns regarding the use of licensed intermediaries and their role in organizing a multi-jurisdictional securities offering. Lastly, this Essay will examine the debate on the reconciliation of various accounting principles and disclosure standards, an issue that is presently regarded as a priority on regulators' agenda, and one which will certainly affect the accounting practices adopted by global …
Judicial Protection Of The Individual By The European Court Of Justice, David O'Keefe
Judicial Protection Of The Individual By The European Court Of Justice, David O'Keefe
Fordham International Law Journal
This Essay focuses on one aspect of the work of the European Court, that of judicial protection of the individual, an area where it appears that the Court has taken steps towards the creation of a common law for Europe, or ius commune.
Oligopolies And Antitrust Law, Enrico Adriano Raffaelli
Oligopolies And Antitrust Law, Enrico Adriano Raffaelli
Fordham International Law Journal
This Essay aims to examine the application of antitrust law to the conscious parallelism characteristic of oligopolistic markets, with special emphasis on European Community and Italian laws.
The Notion Of Ancillary Restraints Under Ec Competition Law, F. Enrique González Díaz
The Notion Of Ancillary Restraints Under Ec Competition Law, F. Enrique González Díaz
Fordham International Law Journal
This Article examines the scope of the so-called ancillary restraints doctrine under European Community (“EC”) competition law and the legal consequences of its implementation in light of the administrative practice of the European Commission and the case-law of the European Court of Justice (“Court of Justice” or “Court”).
Ideal Standard V. Iht: In The European Union, Must A Company Surrender Its National Trademark Rights When It Assings Its Trademark?, Gregory W. Hotaling
Ideal Standard V. Iht: In The European Union, Must A Company Surrender Its National Trademark Rights When It Assings Its Trademark?, Gregory W. Hotaling
Fordham International Law Journal
This Comment argues that, given the consumer dependence on trademarks to distinguish between goods of varying quality, the ECJ made the correct holding in Ideal Standard. This Comment also argues, however, that the Court should have expressly limited its holding to trademarks, distinguishing them from other forms of intellectual property. Part I presents the historical background that underlies the conflict between national trademark rights and the Free Movement of Goods principle within the European Union. Part II discusses the ECJ's doctrines before Ideal Standard, which attempted to reconcile this conflict, and examines the Ideal Standard modification of the consent doctrine …
Policy And Principles: The Clinton Administration's Approach, James B. Steinberg
Policy And Principles: The Clinton Administration's Approach, James B. Steinberg
Fordham International Law Journal
In last night's State of the Union message, President Clinton challenged the United States to sustain our role as the leader in the fight for freedom and peace. Three years of American leadership by President Clinton have already produced great benefits for the American people and for the world community. Through determination and the exercise of American leadership, we have repeatedly turned challenges into real gains for Americans. In the Office of Policy Planning, we often are torn between helping to coordinate day-to-day policy and longer-term planning. In our fast-forward world, long-term sometimes means next Monday, and history is what …