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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 …
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").
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.
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 …
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.
China's Accession To The Wto: How Will This Benefit European Undertakings?, Olivier Prost, Song Li Wei
China's Accession To The Wto: How Will This Benefit European Undertakings?, Olivier Prost, Song Li Wei
Fordham International Law Journal
China's accession to the World Trade Organization ("WTO") will help open up the Chinese market for European undertakings and will boost China's role as a major partner of the European Community. Accordingly, China's accession primarily can be seen as a factor in liberalizing Sino-European trade relations. China's accession to the WTO also will cause this country to lose progressively its "exception" status. As a result, Europe, on the one hand, will treat China just like its other trading partners, while China, on the other hand, will benefit fully from its WTO membership, not only with regard to its WTO obligations, …
A Journey From Havana To Paris: The Fifty-Year Quest For The Elusive Multilateral Agreement On Investment, Riyaz Dattu
A Journey From Havana To Paris: The Fifty-Year Quest For The Elusive Multilateral Agreement On Investment, Riyaz Dattu
Fordham International Law Journal
This Essay begins with a survey of the protection afforded to foreign investors under customary international law. This survey serves to demonstrate that the changing international political and social order, and international economic forces, affect the formulation of the standard of protection and compensation afforded to investors under international law. Next, the Essay traces the history of the post-World War II attempts to negotiate multilateral investment protection measures as part of the Havana Charter. As a result of the failure to implement the Havana Charter, negotiations over investment measures did not make their way into the General Agreement on Tariffs …
Trade Liberalization And Dangerous Political Games, Jorge B. Riaboi
Trade Liberalization And Dangerous Political Games, Jorge B. Riaboi
Fordham International Law Journal
I will start this Essay by saying that it is fundamentally misleading to assume that the disagreement over the shape and content of the agenda for the World Trade Organization's (“WTO”) negotiations that broke-up the Seattle's Conference is either the only or the real stumbling block to maintain the pace of trade liberalization. It also is misleading to assume that the present business as usual look that has prevailed since February 2000 in Geneva, means that the substantive problems are over and that everything is just fine. In my view, we face other kinds of conflicts. The first is the …
Adjudicating Disappearance Cases In Turkey: An Argument For Adopting The Inter-American Court Of Human Rights' Approach, Irum Taqi
Fordham International Law Journal
This Note examines the different approaches of the European and Inter-American Courts in assessing state liability for a violation of the right to life in disappearance cases. Part I discusses the phenomenon of disappearances. It also provides background on the European and Inter-American systems of human rights as well as on the concept of the right to life in the Convention for the Protection of Human Rights and Fundamental Freedoms ("European Convention") and in the American Conventions on Human Rights ("American Convention"). Finally, Part I examines the Inter-American Court's approach to assessing state responsibility for disappearances in the Velasquez Rodriguez …
Towards A Functional International Criminal Court: An Argument In Favor Of A Strong Privileges And Immunities Agreement, Lindsay Zelniker
Towards A Functional International Criminal Court: An Argument In Favor Of A Strong Privileges And Immunities Agreement, Lindsay Zelniker
Fordham International Law Journal
Part I of this Note discusses the legal doctrines governing privileges and immunities of U.N. officials and diplomats in international law. Part I also describes the manner in which diplomatic and U.N. privileges and immunities are applied to the ICC. Part II outlines the conflict between the goals of advancing human rights and preserving political sovereignty in international law. Part III argues that the adoption of the Rome Statute compels an international responsibility to achieve the goal of an effective and independent Court. This Note concludes that providing increased privileges and immunities to ICC personnel at the expense of some …
Issues Of Concern To Developing And Transitional Countries, Frank Upham, Martin Bohmer, Felix Morka, Linas Sesickas, Futoshi Toyama
Issues Of Concern To Developing And Transitional Countries, Frank Upham, Martin Bohmer, Felix Morka, Linas Sesickas, Futoshi Toyama
Fordham International Law Journal
Led by moderator Frank Upham, the panelists discussed legal aid in the context of societies transitioning from one form of social order to another, and the institution-building that is required.
Interpreting International Trade Statutes: Is The Charming Betsy Sinking?, Jane A. Restani, Ira Bloom
Interpreting International Trade Statutes: Is The Charming Betsy Sinking?, Jane A. Restani, Ira Bloom
Fordham International Law Journal
This essay is about the North American Free Trade Agreement (“NAFTA”), the General Agreement on Tariffs and Trade (“GATT”), and the World Trade Organization (“WTO”). The United States has chosen to participate in NAFTA, GATT, and WTO by the President's signing international agreements. These agreements, however, have not been presented to the Senate for ratification as treaties, although, as some commentators have noted, they bear the characteristics of treaties. Rather, they are implemented by Congress enacting domestic implementing legislation as statutory law.
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 …
Pax Mercatoria: Globalization As A Second Chance At "Peace For Our Time", Jim Chen
Pax Mercatoria: Globalization As A Second Chance At "Peace For Our Time", Jim Chen
Fordham International Law Journal
This Essay completes a scholarly cycle in which I have defended free trade and international economic cooperation against charges that globalization will harm the environment and drain jobs from the high-wage economies of western Europe, Japan, and the United States. The demolition of geographic and social barriers since the end of the Cold War has delivered not only material wealth but also physical tranquility, political stability, and personal freedom to vast portions of the world's population. The path to peace lies today, as it did in 1938, not in a retreat to obsolete notions of local sovereignty, but in a …
Two Snowflakes Are Alike: Assumptions Made In The Debate Over Standing Before World Trade Organization Dispute Settlement Boards, Philip M. Nichols
Two Snowflakes Are Alike: Assumptions Made In The Debate Over Standing Before World Trade Organization Dispute Settlement Boards, Philip M. Nichols
Fordham International Law Journal
This Essay identifies five assumptions that have worked their way into the debate on standing before the dispute settlement panels of the World Trade Organization (“WTO”). The dispute settlement process is one of the most visible — and most scrutinized — activities of the WTO. Moreover, the dispute settlement process constitutes an integral part of the international trade regime. The five assumptions discussed in this Essay are assumptions; they have neither been proven nor disproven by either side of the debate. This Essay does not empirically treat any of these assumptions, other than to demonstrate that they are assumptions. Rather, …
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 …
Protection Of Public Health And The Role Of The Precautionary Principle Under Wto Law: A Trojan Horse Before Geneva's Walls?, Dr. Hans-Joachim Priess, Dr. Christian Pitschas
Protection Of Public Health And The Role Of The Precautionary Principle Under Wto Law: A Trojan Horse Before Geneva's Walls?, Dr. Hans-Joachim Priess, Dr. Christian Pitschas
Fordham International Law Journal
This article discusses the different understandings of the meaning of the precautionary principle as a means to cope with public health risks. The article reviews the position of the Treaty Establishing the European Community (“EC”) on this principle to assess whether, and to what extent, the EC’s position conforms to the limits imposed by World Trade Organization (“WTO”) law. I will examine whether the precautionary principle, as interpreted by the EC, is reconcilable with the WTO agreements and forms part of WTO law. As it stands now, other WTO members are well advised to take a cautious stance on the …