Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication
- Publication Type
Articles 1 - 30 of 74
Full-Text Articles in Law
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.
Berlin Diary: Jewish Legal History In Germany's Capital, Jeffery I. Roth
Berlin Diary: Jewish Legal History In Germany's Capital, Jeffery I. Roth
Fordham International Law Journal
This Essay chronicles the author’s activities in Berlin. It includes the contents of the seminar, detailed on a class-by-class basis, which he hopes may serve others as a useful outline for a Jewish legal history course. In addition, in our era of increasingly globalized legal education, some may find accounts of American law professors' visits abroad useful in their own right. The Essay also includes the author’s observations of a reunited but still divided city and its people. In the broader context, he offers the diary of his visit as a window into the process of German-Jewish rapprochement, a process …
European Competition For The 21st Century, Mario Monti
European Competition For The 21st Century, Mario Monti
Fordham International Law Journal
This speech discusses recent policy developments and future trends in European Competition Policy.
Procedural Rights And Issues In The Enforcement Of Articles 81 And 82 Of The Ec Treaty, Koen Lenaerts, Ignace Maselis
Procedural Rights And Issues In The Enforcement Of Articles 81 And 82 Of The Ec Treaty, Koen Lenaerts, Ignace Maselis
Fordham International Law Journal
A discussion of evidentiary and procedural standards regarding Articles 81(1) and 82 of the EC Treaty, which deal with infringements of anti-competitive collusion.
Droits D'Urgence: Access Of Citizens To Legal Information In France, Jean-Luc Bédos
Droits D'Urgence: Access Of Citizens To Legal Information In France, Jean-Luc Bédos
Fordham International Law Journal
The purpose of this Article is to give a brief overview of citizen access to justice and legal information in France, both before and after the implementation of the reform. This Article will primarily focus on the work of non-governmental organizations in this field, especially the work of Droits d'Urgence, the NGO of which I am a founder and President. Droits d'Urgence deals primarily with access to legal information for the most marginalized sectors of the population. It is a humanitarian organization of legal professionals involved in the promotion of rights for those suffering from exclusion.
More Than Money, Justice Catherine Branson
More Than Money, Justice Catherine Branson
Fordham International Law Journal
In this Paper, I refer to probably the most disadvantaged sector of the Australian community, its indigenous peoples. I have chosen this group, because Aboriginal and Torres Strait Islander peoples have become a significant body of litigants in my Court since the Federal Court of Australia was given jurisdiction to make determinations of native land title. I will start by providing some limited information concerning indigenous Australians. This information, by necessity, glosses over the diverse experiences and lifestyles of the Aboriginal and Torres Strait Islander peoples, and indeed, the diversity of non-indigenous Australian experiences and lifestyles. Nonetheless, it reflects the …
Legal And Judicial Development: The Role Of Civil Society In The Reform Process, Maria Bakolias
Legal And Judicial Development: The Role Of Civil Society In The Reform Process, Maria Bakolias
Fordham International Law Journal
While many governments are undertaking reforms that aim to improve judicial and legal systems, there is a growing realization that civil society plays a vital and even necessary role in these efforts. Civil society is critical in these, as well as the reform efforts which are outside of government-initiated programs. Drawing on a few selected examples, this Paper aims to show why civil society is a key player in such reform activities and how civil society has participated in the reform process in selected countries. Specifically, many of these examples are supported by projects financed by the World Bank. The …
Preserving Indigenous Paradigms In An Age Of Globalization: Pragmatic Strategies For The Development Of Clinical Legal Aid In China, Michael William Dowdle
Preserving Indigenous Paradigms In An Age Of Globalization: Pragmatic Strategies For The Development Of Clinical Legal Aid In China, Michael William Dowdle
Fordham International Law Journal
This Essay uses the experiences of international efforts to promote clinical legal aid in China to explore one such unexpected consequence of globalization: international assistance's understandable focus on more familiar kinds of legal aid institutions and activities can unintentionally impede the development of indigenous legal aid practices and institutions that might ultimately be better suited for the particular domestic environment. Part I of this essay will discuss international efforts to promote clinical legal aid in China, Part II will discuss reductive strategies for promoting legal development and the problems they present, Part III will discuss pragmatic strategies for promoting legal …
Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers
Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers
Fordham International Law Journal
There are likely to be two effects on the provision and demand for legal aid. First, under Article 6 of the ECHR, there may be a requirement for free legal advice and representation for those whose civil rights are at issue in complex cases and who could not otherwise afford it. This may particularly affect representation before tribunals, which deal with matters for which no legal aid is currently available such as employment, welfare benefits, and immigration. Legal aid has already been promised for immigration and asylum tribunals. Second, there is likely to be a large amount of litigation in …
Welcoming Remarks--April 6, 2000, Michael A. Cooper
Welcoming Remarks--April 6, 2000, Michael A. Cooper
Fordham International Law Journal
The speaker welcomes the attendees, who come from fourteen different countries, and outlines five common characteristics that unite those present. First, there is a significant number of people in our societies who live below the poverty line and who routinely have their legal needs overlooked. Second, the attendees recognize that basic human needs are protected by legal rights, and legal assistance and access to justice are necessary to vindicate those rights. Third, the resources currently available to help the poor address their legal needs are woefully inadequate in almost all of the countries represented. Fourth, those meeting today share a …
What Is Access To Justice? Identifying The Unmet Legal Needs Of The Poor, Philip Alston, Dr. Alex Boraine, Justice Catherine Brannon, Hina Jilani, Justice Earl Johnson, Jr.
What Is Access To Justice? Identifying The Unmet Legal Needs Of The Poor, Philip Alston, Dr. Alex Boraine, Justice Catherine Brannon, Hina Jilani, Justice Earl Johnson, Jr.
Fordham International Law Journal
Philp Alston moderated a panel featuring Dr. Alex Boraine, Justice Catherine Branson, Hina Jilani, and Justice Earl Johnson, Jr.. The panelists discussed access to justice for the poor in their respective countries (South Africa, Australia, Pakistan, and the United States). The panelists discussed how the current system fails to address the legal needs of the poor, and what progress is being made in that area.
Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas
Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas
Fordham International Law Journal
Led by moderator Maria L. Imperial, the panelists discussed funding strategies for legal services for the poor. Each panelist gave an overview of funding mechanisms in their home country (Canada, Lithuania, the United States, Australia).
Roundtable: Pro Bono And Volunteer Practices, Joan Vermeulen, Andrea Durbach, Jean-Luc Bedos, Sophie Forsyth, John Mckay
Roundtable: Pro Bono And Volunteer Practices, Joan Vermeulen, Andrea Durbach, Jean-Luc Bedos, Sophie Forsyth, John Mckay
Fordham International Law Journal
Joan Vermeulen led a panel discussion on the role of the private sector in addressing unmet legal needs in various country contexts. Countries represented were Australia (Andrea Durbach), France (Jean-Luc Bédos), the UK (Sophie Forsyth), and the United States (John McKay).
Presumed Guilty?: Criminal Justice And Human Rights In Mexico, Luke Mcgrath
Presumed Guilty?: Criminal Justice And Human Rights In Mexico, Luke Mcgrath
Fordham International Law Journal
This Report is divided into five parts, which track the main issues that the mission examined. Part I examines the arbitrary arrest and detention practices that are widespread in Mexico. Part II explores the conditions and standards that lead to the taking of coerced confessions, as well as the ready use of such confessions at trial. In Part III, this Report turns to issues relating to legal representation in Mexico, especially the denial of access to counsel at critical points of the criminal process. The intimidation of defense attorneys, persons of confidence, and human rights advocates furnishes the subject of …
The Mirage Becomes Reality: Privatization And Project Finance Developments In The Middle East Power Market, Loren Page Ambinder, Nimali De Silva, John `. Dewar
The Mirage Becomes Reality: Privatization And Project Finance Developments In The Middle East Power Market, Loren Page Ambinder, Nimali De Silva, John `. Dewar
Fordham International Law Journal
This Essay discusses privatization and financing developments in the Middle East power market. In the coming years, the power sector will experience unprecedented growth and investment due to the increasing demand for electricity throughout the region and the desire of governments to diversify their economies away from oil. This need for electricity has fueled the drive towards privatization and the growth of independent power projects (or "IPPs").
Dispute Resolution In International Project Finance Transactions, Christopher Dugué
Dispute Resolution In International Project Finance Transactions, Christopher Dugué
Fordham International Law Journal
This essay discusses how the legal practice in international financial problems has slowly evolved towards a better recognition of international arbitration in the field of project financing. While it is useful to compare the different types of dispute resolution mechanisms that are to be considered by participants for the implementation of their contracts, it is this author's view that international arbitration is the most effective means of resolving international project finance transactions. Indeed, the assessment of the most effective forum cannot dismiss what this author considers as an essential feature of international project financing, i.e., its transactional unity. As a …
Islamic Shari'ah- Compliant Project Finance: Collateral Security And Financing Structure Case Studies, Michael J.T. Mcmillen
Islamic Shari'ah- Compliant Project Finance: Collateral Security And Financing Structure Case Studies, Michael J.T. Mcmillen
Fordham International Law Journal
This Essay addresses collateral security structures and project financing structures used in project financings where the structure of, and documentation for, the financing is compliant with the precepts of Islamic Shari'ah. The Essay first provides a brief summary of the sources and exposition of Shari'ah principles in financing transactions. It then surveys economic and financial trends in Saudi Arabia promoting and supporting the project financings discussed in the Essay. General legal considerations influencing development of the structure are then identified, including the absence of a statutory structure, the inapplicability of stare decisis, and the fact that many laws are not …
How Is Convergence Best Achieved In International Project Finance?, Catherine Pédamon
How Is Convergence Best Achieved In International Project Finance?, Catherine Pédamon
Fordham International Law Journal
This Essay will first review and then analyze the characteristics of each of three possible routes of convergence in light of three features. The first is stability and predictability of the legal environment. It is the main benefit that private investors look for before investing in a country. The second is the scope of influence and lobbying of interest groups. This feature is extracted from an analysis of the adoption of uniform laws proposed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") by Professors Ribstein and Kobayashi. These authors find evidence of enactment by states of NCCUSL's …
Privatizing Water Systems: A Primer, Robert Vitale
Privatizing Water Systems: A Primer, Robert Vitale
Fordham International Law Journal
This Essay will discuss the reasons behind the trend of privatizing water systems, explain the basic concepts involved in privatizing water systems, and assess the benefits and challenges of privatization. The private sector has long played an active role in helping governments design, finance, construct, operate, and maintain potable and waste water systems. The 1990s, however, were witness to a dramatic rise in the use of the private sector to supplant--and not merely supplement--the public sector in the water area.
Host Country Legislation: A Necessary Condition?, Don Wallce, Jr.
Host Country Legislation: A Necessary Condition?, Don Wallce, Jr.
Fordham International Law Journal
The subject of this Essay is the adoption of a “legislative guide” on privately financed infrastructure (“PFI”) by the United Nations Commission for International Trade Law (“UNCITRAL”), at its plenary session in July 2000 in New York. The guide deals with subjects a host country legislature should consider in deciding whether legislation is needed to attract investment and enable the country to proceed with PFI, such as constitutional and legislative authority; a competitive procurement regime; questions of the exclusivity and duration of concessions; construction, operations, and regulation; and settlement of disputes. UNCITRAL also decided at its plenary session that more …
Rich And Rare Are The Gems They War: Holding De Beers Accountable For Trading Conflict Diamonds, Lucinda Saunders
Rich And Rare Are The Gems They War: Holding De Beers Accountable For Trading Conflict Diamonds, Lucinda Saunders
Fordham International Law Journal
This Note focuses on the accountability of corporations for indirectly fueling civil wars by purchasing diamonds from insurgent groups. While many corporations are involved in the diamond industry, De Beers controls a majority of the uncut diamond market, including mining, buying, and selling uncut diamonds. Therefore, this Note will analyze whether De Beers may be held liable for knowingly funding war criminals under the Alien Tort Claims Act ("ATCA"). Part I of this Note examines the trade in conflict diamonds in Angola and Sierra Leone and De Beers's involvement in this trade. Part II examines case law developments under the …
Reflections After Seattle, Renato Ruggiero
Reflections After Seattle, Renato Ruggiero
Fordham International Law Journal
The WTO cannot operate in isolation from the concerns of the world in which it exists. Our ability to advance trade, build a stronger system, and move forward in a new round will hinge on our ability to make simultaneous progression on these issues. How do we do this? First, we must move toward a more collective leadership, one that reflects the reality of a multipolar world and especially the emergence of developing-country powers. Second, we need to look at the policy challenges we face as pieces of an interconnected puzzle. Third, we need a new forum for the management …
Concluding The Uruguay Round---Creating The New Architecture Of Trade For The Global Economy, Peter D. Sutherland
Concluding The Uruguay Round---Creating The New Architecture Of Trade For The Global Economy, Peter D. Sutherland
Fordham International Law Journal
This Essay is an attempt to go back to some of the principles and factors which lay behind the launching of the Uruguay Round and the package which resulted, to look at some of the current unease about the WTO, and to see where the institution may need to go to reassert its role to command fully public and political confidence once again.
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Fordham International Law Journal
This Essay first reviews the controversy surrounding the issuance of procedures for amicus curiae submissions by the Appellate Body in E.C.—Asbestos. Second, it looks at the history and practice of amicus curiae briefs at the WTO. Third, the Essay looks at how in the United States an amicus curiae has changed from being a “friend of the court” to a “judicial lobbyist,” and specifically, focusing on the procedural approach taken by the U.S. Supreme Court in addressing the negative impact of such judicial lobbying. Finally, the Essay draws certain lessons from the U.S. experience and concludes that the Appellate Body …
Marxist Origins Of The "Anti-Third World" Claim, Raj Bhala
Marxist Origins Of The "Anti-Third World" Claim, Raj Bhala
Fordham International Law Journal
This Essay is an experiment — a try-out — of an argument. The argument concerns what I regard to be the most serious of the claims made by the critics, namely, the claims concerning the relationship between the WTO and international trade law, on the one hand, and the Third World, on the other hand. The claim is this: the WTO is anti-development, and international trade law helps tilt the playing field on which the great game of trade is played against developing countries. It is the "most serious" of the claims, I think, because the giant and still growing …
Opening The Wto To Nongovernmental Interests , Steve Charnovitz
Opening The Wto To Nongovernmental Interests , Steve Charnovitz
Fordham International Law Journal
This Essay examines the debate over how the WTO and the public interact. Since the mass public is cacophonous, the debate centers on what role NGOs should play in the WTO. NGOs are voluntary organizations of individuals who come together to achieve common purposes. As used here, NGOs include business and labor groups. This Essay contains five parts. Part I provides background for readers just joining the debate. Part II gives an overview of the major developments over the past three years (1998-2000). Parts III and IV offer a synthesis of the key issues. Part III presents the Statist perspective …
The Wto Dispute Settlement System---A Practitioner Perspective, Mark Clough
The Wto Dispute Settlement System---A Practitioner Perspective, Mark Clough
Fordham International Law Journal
The purpose of this Essay is to discuss the areas in which the World Trade Organization dispute settlement system may be improved in light of the first five years of experience from the practitioner point of view, and in particular, practitioners advising business or governments acting on behalf of domestic businesses. Key reforms relating to implementation and compensation may not necessarily require an amendment to the Understanding on Rules and Procedures Governing the Settlement of Disputes, since they could be answered by changes in practice.
The Perils Of Globalization And The World Trading System, Professor John H. Jackson
The Perils Of Globalization And The World Trading System, Professor John H. Jackson
Fordham International Law Journal
Part I will be a brief reminder of the policy objectives and implications of the international economic system. Part II will overview the world trading system's need for a cooperative international mechanism or institution. Part III will examine the characteristics needed for a successful institution of this type, which might be the WTO. Part IV will explore some problems connected with the current situation related to the needed characteristics.
The Wto As A Legal System, David Palmeter
The Wto As A Legal System, David Palmeter
Fordham International Law Journal
Part I describes Hart's view of the primary and secondary rules that are necessary for the existence of a modern legal system. Part II examines his view of international law, as resembling a primitive legal system. Part III evaluates the GATT legal system according to Hart's criteria for a modern legal system, while Part IV will do the same for the World Trade Organization (“WTO”). Part V will conclude with an evaluation of the WTO legal system.
Homage To A Bull Moose: Applying Lessons Of History To Meet The Challenges Of Globalization, Theodore R. Posner, Timothy M. Reif
Homage To A Bull Moose: Applying Lessons Of History To Meet The Challenges Of Globalization, Theodore R. Posner, Timothy M. Reif
Fordham International Law Journal
It would appear that some critics' cure for the World Trade Organization (“WTO”) is to build it up, while for others, the cure is to tear it down, or at least to diminish its competence. This seeming contradiction makes it difficult to assess and respond to legitimate criticisms of the WTO. The purpose of this Essay is to address this apparent conundrum. In particular, we attempt to shed light on it by (1) describing the nature of the imbalance that exists in the world trading system today (Part I); (2) offering an historical and legal framework for understanding the seemingly …