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1998

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Articles 6961 - 6990 of 7679

Full-Text Articles in Law

Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley Jan 1998

Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley

Fordham International Law Journal

Indeed, it is the distress caused by the content of the Agreement that has provoked such widespread alarm and division within Unionism. The proposals contained in the Agreement are not remarkably new in content, but they now have the endorsement of those who were previously opposed to such mechanisms that will fundamentally undermine the status of Northern Ireland within the Union and impose a system of government so alien that it is far removed from any known concept of democracy and fairness. According to the author's copy of the Mitchell draft, the UUP lost out on the number of seats …

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The Belfast Agreement, Duncan Shipley-Dalton Jan 1998

The Belfast Agreement, Duncan Shipley-Dalton

Fordham International Law Journal

The Belfast Agreement (or "Agreement"), to give it its proper name, reached at Stormont on Good Friday 1998, is an important document of Irish history. It is certainly a political text, but it has important legal effects. And these I wish to emphasize. As a member of the Ulster Unionist Party ("UUP") - elected later to the Northern Ireland Assembly - I accepted the Agreement on April 10 as the best opportunity for the return of power to all the people of Northern Ireland. At the time of writing (early March 1999), the major issue remains the decommissioning of Irish …

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'Constructive Ambiguity' Or Internal Self-Determinatinon? Self-Determination, Group Accommodation, And The Belfast Agreement, Christine Bell, Kathleen Cavanaugh Jan 1998

'Constructive Ambiguity' Or Internal Self-Determinatinon? Self-Determination, Group Accommodation, And The Belfast Agreement, Christine Bell, Kathleen Cavanaugh

Fordham International Law Journal

This Essay examines the Belfast Agreement (or "Agreement") in the light of international law on self-determination and minority rights. Northern Ireland cannot be evaluated in a vacuum; already it is being suggested that the Northern Ireland peace process and the formula devised in the 1998 Belfast Agreement may serve as a model for other divided societies. Indeed, this possibility was raised by President Clinton during his September 1998 visit to Belfast and was reiterated by the U.N. High Commissioner for Human Rights on her more recent visit in December 1998. International law claims to address many of the issues central …

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Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley Jan 1998

Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley

Fordham International Law Journal

These include a "commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community" and eight particular rights are spelled out: the "complete incorporation into Northern Ireland law of the European Convention on Human Rights, with direct access to the courts, and remedies for breach of the Convention, including powers for the courts to overrule Assembly legislation on the grounds of inconsistency"; a new Northern Ireland Human Rights Commission; a new statutory Equality Commission; a normalization of security arrangements and practice, including the reduction in the numbers and role of British Armed Forces deployed …

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Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey Jan 1998

Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey

Fordham International Law Journal

This Essay examines the structure and functions of the new Northern Ireland Assembly within the context of the constitutional changes in the Britain and Ireland. Since its election in May 1997, the new Labour Government has been steadily putting in place key constitutional reforms. The changes were widely discussed, both internally while the party was in opposition and externally within the scholarly community. The Labour Government came to power on a manifesto that promised substantial constitutional reform with an emphasis on decentralization and participation. It is evident that the change of government had an impact on the process in Northern …

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Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman Jan 1998

Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman

Fordham International Law Journal

This Essay explores the problems that have emerged over the right to parade since 1994. It begins with a brief review of the historical significance of parades in Ireland before summarizing the background to the current disputes. This Essay considers the causes of the problem, the arguments of the various parties, and the development of legal controls on parades. The Essay then moves on to review the attempts that have been made to resolve the issue. In particular, the Essay focuses on the formal measures that have been taken by the British Government to resolve the disputes rather than the …

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Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy Jan 1998

Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy

Fordham International Law Journal

The same dilemma remains for those in Northern Ireland today who genuinely want peace, reconciliation, and stability, but who at the same time see in what is termed the peace process, if not deceit, then much glossing over, a lot of ambiguity, and a deal of bad history. In 1921 the new institutions in Northern Ireland, the regional government and Parliament began life under the fiercest onslaught from Irish nationalism, both within its own boundaries and from the rest of the island. It was also critical of the early peace process under which John Hume of the SDLP had commenced …

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From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien Jan 1998

From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien

Fordham International Law Journal

This Essay examines the process by which the language of human rights moved to center stage in the political process. It looks to peace processes elsewhere to determine whether the Agreement is deserving of the High Commissioner's special praise and analyzes, from a human rights perspective, the content of the Agreement and the extent to which the promises made therein have been fulfilled to date.

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Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore Jan 1998

Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore

Fordham International Law Journal

It is the contention of this Essay that the international principles of human rights must form the foundations of any future policing service in Northern Ireland. Leaving behind the sterile communalism that has characterized past approaches to policing in favor of a rights-based approach, would benefit all in Northern Ireland. A human rights policing framework would particularly relieve those living in working class communities, both catholic and protestant, who have borne the brunt of heavy policing policies and tactics. While acknowledging that no approach to policing reform can appease all shades of Northern Ireland's political and cultural opinion, the current …

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Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison Jan 1998

Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison

Fordham International Law Journal

This Essay assesses the achievement of restoring representative government and also considers whether this is enough given the changes that have occurred since last there was devolved government in Northern Ireland. Finally, it examines those aspects of the Agreement that can be developed in line with a view that the constitution should now be seen much less as a structure of rule than a framework for rule within the wider task of democratizing democracy in the new Northern Ireland.

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Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden Jan 1998

Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden

Fordham International Law Journal

The purpose of this Article is to discuss this change, concentrating on the development of the approach to equality in the Agreement, and its subsequent incorporation into the Northern Ireland Act of 1998 ("Act"), which now forms the legal basis for the new constitutional settlement in Northern Ireland. The Agreement's approach is that equality should be "mainstreamed" in the future governance of Northern Ireland. But, following the Agreement, there was a real danger that equality would be pushed back to the margins. Fortunately, a coalition of the disadvantaged and politicians ensured that this did not happen. The Act, taken together …

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Does The Ec Council Directive No. 95/46/Ec Mandate The Use Of Anonymous Digital Currency?, Julia Alpert Gladstone Jan 1998

Does The Ec Council Directive No. 95/46/Ec Mandate The Use Of Anonymous Digital Currency?, Julia Alpert Gladstone

Fordham International Law Journal

This Essay focuses on the relationship between the privacy and the retail payment systems on the Internet. Part I of this Essay reviews several payment mechanisms that are in use or that have been introduced for retail commerce on the Internet. The description is not intended to offer a thorough study of the technology, but rather to highlight the data trail that is created under each method. Part II reviews the relevant statutory and self-regulatory mechanisms that have been applied to the Internet to ensure privacy. This leads to a discussion of the European Community's data protection directive, Council Directive …

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International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave Jan 1998

International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave

Fordham International Law Journal

Part I describes a few experiences with international computer hackers in order to provide a context for the rest of the Essay. Part II extracts from that experience the central issues that have arisen-and predictably will continue to arise-in connection with investigating and prosecuting international electronic crimes. These concerns are divided into three subject areas: the substantive law, the procedural law, and operational issues. Finally, Part III summarizes international efforts to address concerns raised by crimes in cyberspace.

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Orchestrating Transatlantic Approaches To Personal Data Protection: A European Perspective, Graham Pearce, Nicholas Platten Jan 1998

Orchestrating Transatlantic Approaches To Personal Data Protection: A European Perspective, Graham Pearce, Nicholas Platten

Fordham International Law Journal

The purpose of this Essay is to examine current EU and U.S. approaches to data protection in the context of the debate about transborder data flows. Part I begins by outlining the EU approach and the criteria governing data transfers to third countries. Part II examines the scope for self-regulation by organizations to safeguard personal data. Part III reviews the main features of the U.S. model of data protection. Then Part IV critically examines several recent U.S. initiatives to enhance privacy in the light of the EU criteria. This Essay concludes by assessing the potential for reconciling the discontinuities between …

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Computer Technology For The Benefit Of The Rule Of Law: Communication And Research, Carl A. Yirka Jan 1998

Computer Technology For The Benefit Of The Rule Of Law: Communication And Research, Carl A. Yirka

Fordham International Law Journal

This Essay suggests a number of ways in which rule of law partners in the United States and abroad with modest technical background might more easily communicate, plan, coordinate, and research joint projects. Without the new computer technologies it would be very difficult to conduct rule of law projects between partners in the United States and Russia. Recent advances in technologies now make communication with colleagues across the world by computer easier than ever.

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Rethinking Mcclesky V. Kemp: How U.S. Ratification Of The International Convention On The Elimination Of All Forms Of Racial Discrimination Provides A Remedy For Claims Of Racial Disparity In Death Penalty Cases, Robin H. Gise Jan 1998

Rethinking Mcclesky V. Kemp: How U.S. Ratification Of The International Convention On The Elimination Of All Forms Of Racial Discrimination Provides A Remedy For Claims Of Racial Disparity In Death Penalty Cases, Robin H. Gise

Fordham International Law Journal

This Note addresses U.S. obligations under CERD in the context of racial disparity in the imposition of the death penalty and proposes courses of domestic and international action. Part I examines the historical racial disparity in the imposition of the death penalty in the United States. It discusses the U.S. Supreme Court's decision in McClesky to deny relief to a death row inmate who demonstrated that race influenced whether a death sentence was imposed. Part I also explores the development of CERD and discusses CERD's standard for proving discrimination based on a showing of racially discriminatory effect. Finally, Part I …

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Know Your Customer Regulations And The International Banking System: Towards A General Self-Regulatory Regime, Daniel Mulligan Jan 1998

Know Your Customer Regulations And The International Banking System: Towards A General Self-Regulatory Regime, Daniel Mulligan

Fordham International Law Journal

This Comment discusses the implementation of “Know Your Customer” (KYC) regulation and its effect on the international banking system. Part I of this Comment explains general legal concepts and trends in international money laundering including background of the drug trade, money laundering process and techniques, and U.S. and international regulatory efforts to combat the money laundering problem. Part II examines the history and the purpose of KYC principles and the proposed regulations. Part III maintains that the rejection of the proposed regulations is appropriate. This Comment concludes that the U.S. government should permit U.S. banks to self-regulate and that a …

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The Recent Evolution Of The European Union, Marcelino Oreja Jan 1998

The Recent Evolution Of The European Union, Marcelino Oreja

Fordham International Law Journal

I believe that we need to compare the constitutional systems of the two most important players on the international stage to obtain a more clear idea of the difficulties, the problems, and also the different attitudes that may exist on both sides. Mutual comprehension between the United States and the European Union, and transatlantic cooperation in general, are essential for the structuring of international relations. It is useful to take a brief look at what is changing in Europe. If we leave aside the different reactions to the relative successes and failures of the Treaty of Amsterdam, as well as …

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The Treaty Of Amsterdam In Historical Perspective: Introduction To The Symposium, Roger J. Goebel Jan 1998

The Treaty Of Amsterdam In Historical Perspective: Introduction To The Symposium, Roger J. Goebel

Fordham International Law Journal

On February 27-28, 1998, the Center on European Union Law of the Fordham Law School was pleased to present a program, “The European Union and the United States: Constitutional Systems in Evolution,” intended to provide a clear description of the impact of the Treaty of Amsterdam upon the European Union (or “EU”), and to enable some valuable points of comparison and contrast between constitutional and legal developments within the European Union and the United States. This symposium issue of the Fordham International Law Journal publishes a series of papers presented at the conference centering on the Treaty of Amsterdam, signed …

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The Impact Of The Amsterdam Treaty Upon The Court Of Justice, Ole Due Jan 1998

The Impact Of The Amsterdam Treaty Upon The Court Of Justice, Ole Due

Fordham International Law Journal

The Intergovernmental Conference leading up to the adoption of the Maastricht Treaty was probably the first during which the case law of the Court of Justice formed a topic of discussion. The result of this discussion was certainly positive in relation to the new Treaty's general rules. But, clearly, criticism had also been voiced during the discussion. This criticism can be seen from two protocols to the Treaty, both drawn up as unfortunate reactions to specific rulings. It is important that the establishment of a closer cooperation between some Member States does not permit them to escape from the rules …

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The Commission's Role In The Igc's Drafting Of The Treaty Of Amsterdam, Michel Petite Jan 1998

The Commission's Role In The Igc's Drafting Of The Treaty Of Amsterdam, Michel Petite

Fordham International Law Journal

This essay shall attempt to describe initially how the Commission approached the Amsterdam negotiation in the first place. It will explore the institutional issues that it addressed and the strategies it implemented. It then evaluates the likely impact of the new provisions of the Treaty of Amsterdam upon the Commission.

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An Appraisal Of The Treaty Of Amsterdam From The Perspective Of A Member Of The European Parliament, Laurens Jan Brinkhorst Jan 1998

An Appraisal Of The Treaty Of Amsterdam From The Perspective Of A Member Of The European Parliament, Laurens Jan Brinkhorst

Fordham International Law Journal

When one has such learned predecessors, representing the two powerful institutions, who give such a balanced view of the Treaty of Amsterdam (or “Amsterdam Treaty”), what more can a simple parliamentarian say? I think my first comment would be, Amsterdam--yes, the worst has been avoided. I think that this comment is an honest compliment to the efforts of my predecessors during the Intergovernmental Conference (“IGC”). The outcome could have been much worse.

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Social Policy And Employment Aspects Of The Treaty Of Amsterdam, Patrick Venturini Jan 1998

Social Policy And Employment Aspects Of The Treaty Of Amsterdam, Patrick Venturini

Fordham International Law Journal

Commenting on employment and social policy gives me the opportunity to start by pointing out how positive the outcome of the Treaty of Amsterdam (or “Treaty”) was in those fields. Indeed, the following four main fields are concerned with substantial extensions or reinforcements of European Community (“EC” or “Community”) competencies and responsibilities following the Amsterdam Summit: employment, social policy, equality between men and women, and fundamental rights and non-discrimination. Last but not least, the strengthening of the co-decision procedure, which is now the principal legislative procedure and requires a joint decision of the Council and the European Parliament, does affect …

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Subsidiarity And Transparency, Christian Timmermans Jan 1998

Subsidiarity And Transparency, Christian Timmermans

Fordham International Law Journal

Subsidiarity and transparency are entirely different concepts. … However different, both concepts are twins in the continuing quest of the Framers of European integration to increase the legitimacy of Community decision-making vis-à-vis the citizens. Indeed, there always has been, and there still is a very serious problem of lack of legitimacy. … Increasing the powers of the European Parliament is not sufficient to bridge this legitimacy gap, although the Maastricht Treaty did make progress in that respect, for instance, by introducing the co-decision procedure. The problem is much vaster. At any rate, the negative experiences of the ratification discussions on …

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The European Union In International Affairs: Recent Developments, Hugo Paemen Jan 1998

The European Union In International Affairs: Recent Developments, Hugo Paemen

Fordham International Law Journal

I have been invited to discuss the changing role of the European Union (or “EU”) in the world today. Let me start by highlighting some random examples of EU action in international affairs during 1997. As Europe continues to integrate domestically, it will be forced to reassess the image that it projects in the world. As it does so, institutional reform will become even more compelling if the European Union is to conduct the coherent external policy that most people in the world expect of it. Some had hoped that last the June 1997 Summit in Amsterdam would at least …

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The Treaty Of Amsterdam's Changes To The Common Foreign And Security Policy Chapter And An Overview Of The Opening Enlargement Process, Giorgio Maganza Jan 1998

The Treaty Of Amsterdam's Changes To The Common Foreign And Security Policy Chapter And An Overview Of The Opening Enlargement Process, Giorgio Maganza

Fordham International Law Journal

The European Union (“Union” or “EU”) is an important actor in the international arena. The Union behaves and acts as a political entity towards the outside world and it is perceived as such. That is certainly the case for international economic relations, where the European Community (“EC” or “Community”) has played a significant role as a major partner in multilateral negotiations for several years now. It is more frequently the case with respect to foreign policy matters, as a result of the choice made by the signatories to the Maastricht Treaty (“Treaty on European Union” or “TEU”) in which the …

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The Erotic Of Torts, Carol Sanger Jan 1998

The Erotic Of Torts, Carol Sanger

Faculty Scholarship

"What kind of feminist would be accused of sexual harassment?" asks Jane Gallop (p. 1). Gallop quickly provides her own challenging answer: "the sort of feminist ... that ... do[es] not respect the line between the intellectual and the sexual" (p. 12). Gallop is firm and unrepentant about not respecting this line: "I sexualize the atmosphere in which I work. When sexual harassment is defined as the introduction of sex into professional relations, it becomes quite possible to be both a feminist and a sexual harasser" (p. 11). Figuring out what this means – and what its implications are for …

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The Threat Or Use Of Nuclear Weapons: Discernable Legal Policies Of The Judges Of The International Court Of Justice, Kazuomi Ouchi Jan 1998

The Threat Or Use Of Nuclear Weapons: Discernable Legal Policies Of The Judges Of The International Court Of Justice, Kazuomi Ouchi

Connecticut Journal of International Law

By a letter dated 19 December 1994, the Secretary-General of the United Nations officially communicated to the Registrar of the International Court of Justice the decision taken by the General Assembly of the United Nations to submit the question of the legality of the threat or use of nuclear weapons to the Court for an advisory opinion. The General Assembly noting, inter alia, that Article 96, paragraph 1, of the United Nations Charter empowers the General Assembly to request the Court to give an advisory opinion on any legal question, decided to request the Court to urgently render its advisory …

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Persistent Organic Pollutants: Regime Formation And Norm Selection, Christina S. Chen Jan 1998

Persistent Organic Pollutants: Regime Formation And Norm Selection, Christina S. Chen

Connecticut Journal of International Law

Persistent Organic Pollutants (POPs) are hazardous and potentially life-threatening toxic chemicals. The international community recently agreed to create an international legally binding instrument to control POPs.' Although myriad questions confront the creation of a new regime, this Comment will focus on the types of norms and control strategies that should be devised in order to establish an effective POPs regime. In order to analyze the issue of norm crafting, Part I of this Comment outlines the background of the POPs problem and the current efforts of the United Nations to establish consensus on the need for a POPs regime. Part …

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Law, Venture Capital, And Entrepreneurism In Japan: A Microeconomic Perspective On The Impact Of Law On The Generation And Financing Of Venture Businesses, Eric C. Sibbitt Jan 1998

Law, Venture Capital, And Entrepreneurism In Japan: A Microeconomic Perspective On The Impact Of Law On The Generation And Financing Of Venture Businesses, Eric C. Sibbitt

Connecticut Journal of International Law

Part one of this article attempts to demonstrate through a microeconomic framework how the legal, economic, and cultural forces underlying the Japanese financial system impact the funding of venture businesses in Japan. In a venture finance market, the microeconomic decisions of entrepreneurs and venture investors determine how much capital is ultimately supplied to finance venture businesses. Investors, the suppliers of capital to a venture market, seek to ensure the highest possible payback on investment by maximizing expected returns. Rational entrepreneurs, on the demand side of the market for venture capital, seek the use of investor capital to pursue income-generating opportunities …

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