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Full-Text Articles in Law
Using One's Head To Sustain One's Heart: A New Focus For The Establishment Of The Caribbean Court Of Justice, Neil Dennis
Using One's Head To Sustain One's Heart: A New Focus For The Establishment Of The Caribbean Court Of Justice, Neil Dennis
Fordham International Law Journal
This Note focuses on the reasonableness of placing the sovereignty argument at the forefront of the Caribbean Court of Justice (CCJ) debate instead of the Caribbean Community (CARICOM) Single Market and Economy (CSME) argument. The reason being is the CSME cannot exist without the CCJ. Part I discusses the background of both the CCJ & the CSME. Part II analyzes the arguments of sovereignty and the CSME for the establishment of the CCJ. Part III advocates that it is wise to argue rationally, in today's age of globalization, rather than emotionally.
Overextending Immunity: Arbitral Institutional Liability In The United States, England, And France, Matthew Rasmussen
Overextending Immunity: Arbitral Institutional Liability In The United States, England, And France, Matthew Rasmussen
Fordham International Law Journal
This Note examines the relationship between the arbitral institution and the disputing parties. Part I demonstrates the decisions parties face when choosing between traditional litigation and arbitration; it also discusses the differences between an arbitral institution and an ad hoc arbitration, as well as major arbitral institutions' rules regarding their own liability. Part II introduces several nations' approaches to judicial immunity, and how it is applied to arbitrators and arbitral institutions. Part II also weighs differing views on how to characterize the relationship between disputing parties and the arbitral institution. Finally, Part II discusses several key criticisms to the immunity …
The Fifth Enlargement Of The European Union: The Power Of Example, Eneko Landaburu
The Fifth Enlargement Of The European Union: The Power Of Example, Eneko Landaburu
Fordham International Law Journal
After the dust cleared in the early 1990s, the institutional framework for realizing the peaceful unification of Europe was laid down at the Copenhagen European Council in June 1993. The statement by the EU at Copenhagen that it was ready to accept new members that fulfill certain criteria led to applications from ten countries of Central and Eastern Europe. As laid down in the Treaties, it fell to the Commission to provide advice on these applications to the Member States of the EU, which it did in July of 1997 in its ambitious program of reform, known as Agenda 2000. …
Defining Legitimate Competition: How To Clarify Pricing Abuses Under Article 82 Ec, John Temple Lang, Robert O'Donoghue
Defining Legitimate Competition: How To Clarify Pricing Abuses Under Article 82 Ec, John Temple Lang, Robert O'Donoghue
Fordham International Law Journal
This Article discusses the principles under Article 82 of the Treaty Establishing the European Community concerning anticompetitive or exclusionary abuses involving pricing issues. This Article is structured as follows. Part I outlines the basic economic thinking behind price discrimination and identifies the principal legal situations under Article 82 in which it arises. Discriminatory pricing should only be prohibited (and therefore needs to be justified) in a small number of situations. Parts II-III discuss the specific situations under Community competition law in which price discrimination and the legality of pricing practices may be relevant. Part II discusses rebate and discounting practices, …
Standards For Standards, Maurits Dolmans
Standards For Standards, Maurits Dolmans
Fordham International Law Journal
This Article discusses the application of European competition law to standardization activities and associated Intellectual Property Rights (“IPR”) Policies and licensing arrangements. It briefly discusses the objectives of standardization activities in Europe and contains a general introduction into relevant principles of European Community (“EC”) competition law. This is followed by a review of principles and antitrust case law relating to: (a) restrictions on membership and access to the standardization process; (b) possible spill-over effects; (c) standard depth and over-standardization; (d) selection of technology for standards; (e) access to standards information and essential IPRs; (f) IPR Policies and problems associated with …
Introduction, Kamil Idris
Introduction, Kamil Idris
Fordham International Law Journal
Intellectual property law is one of the fastest growing fields of law worldwide. This unprecedented, rapid evolution and the accompanying massive upsurge in the use of the intellectual property system had four main triggers-- the advent of the Internet (to many, the heart of the digital revolution); unprecedented advances in science and technology; the emergence of intangible assets, such as knowledge, information and innovation, as the main drivers of economic development; and the growing interdependence of nations resulting from the internationalization of commerce. Of these, the digital revolution alone has had a profound effect on all aspects of the creation, …
Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch
Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch
Fordham International Law Journal
As more and more nations prosecute copyright piracy cases, it is far from clear whether these nations, in seeking to protect legitimate copyright interests, will also recognize the need to achieve three goals in the sentencing of such cases. The first is honesty in sentencing: that is, avoiding situations in which the nominal sentence that a court initially imposes at sentencing may later be substantially reduced through the parole process. The second is reasonable uniformity in sentencing, so that courts do not have wide disparities in the sentences they impose on similar offenders who commit similar criminal offenses. The third …
An Analysis Of The United States-Cuba "Havana Club" Rum Case Before The World Trade Organization, Donald R. Dinan
An Analysis Of The United States-Cuba "Havana Club" Rum Case Before The World Trade Organization, Donald R. Dinan
Fordham International Law Journal
The United States-Cuba “Havana Club” trademark dispute has been one of the more controversial and potentially divisive cases before the World Trade Organization ('WTO') to date. In that case, the European Union ('EU') filed a complaint against the United States alleging that a law which prohibited the registration and enforcement in the United States of a Cuban trademark, 'Havana Club' rum, which was licensed to the French company, Pernod-Ricard, S.A. ('Pernod-Ricard'), was in violation of the WTO Agreement, which protected the intellectual property rights of WTO Members and their nationals. The case intertwined enforcement of the U.S. Cuban embargo; U.S. …
Self-Determination And Minority Rights, Frances Raday
Self-Determination And Minority Rights, Frances Raday
Fordham International Law Journal
This Article tries to wend its way through the trail of human debris, the visions and the shattered dreams on both sides of the Israeli-Palestinian conflict, to a rational analysis of the applicability of international human rights norms, to the conflicting claims of two peoples to the same land. The right of both Jews and Palestinians to self-determination seems to be self-evident from the stories of the two peoples. Almost forty years after the Six Days War, the author turns to this issue in an attempt to analyze where this conflict now stands in terms of international human rights. This …
Rules Of Origin As Trade Or Foreign Policy Instruments? The European Union Policy On Products Manufactured In The Settlements In The West Bank And The Gaza Strip, Moshe Hirsch
Fordham International Law Journal
This Article aims to shed some light on linkage between rules of origin and territorial disputes, and to analyze the alternative approaches available to policy makers in such cases. The choice between these alternatives is closely related to the broader subject of the interrelationships between international trade law and politics, which this Article will also address. It should be emphasized at the outset that this Article does not aim to address the substantive territorial disputes regarding the West Bank and the Gaza Strip (nor the legality of the settlements located therein), Western Sahara, Taiwan, Northern Cyprus, or other disputed territories. …
The Transition From Tradition To Reform: The Shari'a Appeals Court Rulings On Child Custody (1992-2001), Moussa Abou Ramadan
The Transition From Tradition To Reform: The Shari'a Appeals Court Rulings On Child Custody (1992-2001), Moussa Abou Ramadan
Fordham International Law Journal
The principal object of this Article is to demonstrate that Islamic law, like any system of law, is dynamic rather than static. Islamic law cannot be thought of as law disconnected from history and society. Like any other legal system, it is influenced by political, economic and social factors. In order to illustrate this idea, this Article takes as a case study the rulings concerning custody of the Shari'a Appeals Court in Israel. This Article surveys the rulings of the Shari'a Appeals Court addressing child custody from 1992 through 2001. This Article's central claim is that the Appeals Court's approach …
Reclaiming The "Little Bees" And The "Little Bells": Colombia's Failure To Adhere To And Enforce International And Domestic Laws In Preventing Recruitment Of Child Soldiers, Veronica Escobar
Fordham International Law Journal
This Comment addresses the recruitment of Colombian children into the insurgent armed groups and the Colombian government's attempts to respond to the issue. Part I provides an overview of the worldwide child soldier epidemic, specifically of the Colombian child soldier. Part I also addresses the general history of the civil strife in Colombia and the impact on the lives of the country's children. Part II describes the existing international laws that protect civilians and children during internal armed conflicts, as well as those laws that address child combatants specifically. Part II also analyzes the Colombian government's response to the child …
Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin
Local Meets Global: Transitional Justice In Northern Ireland, Colm Campbell, Fionnuala Ní Aoláin
Fordham International Law Journal
Part I of the Essay assesses the current state of global transitional discourses in light of the critique of current developments offered by Ruti Teitel, William Schabas, Brandon Hamber, Kathleen Cavanaugh and others. This is followed in Part II by an examination of the distinctiveness of the broad contours of the Northern Ireland transition, setting the scene for an exploration of more discrete themes affecting the region: the problem of the past (Part III); and the dynamics of institutional change (Part IV). Part V offers some conclusions.
Transitional Justice In A New Era, Ruti G. Teitel
Transitional Justice In A New Era, Ruti G. Teitel
Fordham International Law Journal
This Essay offers an evaluation of the status of transitional justice in the wake of the new century and millennium. This Essay analyzes the evolution and direction of transitional justice in the new era and makes three observations about the current directions in transitional justice developments. Part I contend that while transitional justice is associated with a universal rights discourse, in recent decades of heightened transition, the conception of transitional justice has been closely associated with diverse nation-building projects and related local understandings of the rule of law and legitimacy. Part II addresses the ways contemporary transitional justice reflects its …
On Law, Politics And Contemporary Constitutionalism, Colin Harvey
On Law, Politics And Contemporary Constitutionalism, Colin Harvey
Fordham International Law Journal
Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the relationship between legal logic and political practice is examined; secondly, the implications of contemporary constitutionalism are explored; and, finally, the agreement and disagreements over its implementation are analyzed.
Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe
Transitional Policing Arrangements In Northern Ireland: The Can't And The Won't Of The Change Dialectic, Mary O'Rawe
Fordham International Law Journal
This Article will chart the extent to which this phenomenon has been and is recurring in Northern Ireland since the period of the 1994 Irish Republican Army ("IRA") ceasefire. It will examine the dangers in underestimating the capacity of institutions, structures, and individuals to resist change. It will also explore the potential of such resistance to claw back gains that on the face of it have already been made in formal inter-party negotiations. In the process, the Article will seek to identify why real change in policing is both so important and so difficult in a society seeking to leave …
Going, Going, Gone: Sealing The Fate Of The Fourth Amendment, Michael P. O'Connor, Celia Rumann
Going, Going, Gone: Sealing The Fate Of The Fourth Amendment, Michael P. O'Connor, Celia Rumann
Fordham International Law Journal
We will begin by analyzing the history of the Foreign Intelligence Surveillance Act (FISA), discuss the context of the two recently published decisions of the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review FISCR, respectively, before analyzing the In re Sealed Case decision in light of the requirements of the Fourth Amendment. Ultimately, we conclude that FISA, as amended by Congress in the USA PATRIOT Act, and as interpreted by the FISCR, is unconstitutional in that it offends the requirements of the Fourth Amendment.
The Biggest Peace: The Structure Of The Palestinian Legislative Council And The Politics Of Separation, Michel Paradis
The Biggest Peace: The Structure Of The Palestinian Legislative Council And The Politics Of Separation, Michel Paradis
Fordham International Law Journal
Part I of this Note summarizes the background leading up to the signing of the Oslo Accords. Part II details the overall structure and responsibilities laid out in Oslo II, with specific emphasis on the legal. Also, Part II presents for comparison the semi-autonomy arrangement devised and implemented in the Transkei of South Africa in the early 1960s. Part II concludes by examining the extent to which both of these arrangements were successful in satisfying the parties involved and makes some more general comparisons to similar reactions in Northern Ireland following the Good Friday Agreement. Part III attempts to draw …
Preventing, Punishing And Eliminating Terrorism In The Western Hemisphere: A Post-9/11 Inter-American Treaty, Enrique Lagos, Timothy D. Rudy
Preventing, Punishing And Eliminating Terrorism In The Western Hemisphere: A Post-9/11 Inter-American Treaty, Enrique Lagos, Timothy D. Rudy
Fordham International Law Journal
Part I of this Article will provide a brief background to the fight against terrorism as seen from an inter-American legal and institutional standpoint. Part II will discuss the more significant details of the Convention and the negotiations in the Permanent Council's Working Group that produced it. In II(A), the authors review the conflicting views among delegates about whether the OAS should have been negotiating a “comprehensive” anti-terrorism treaty (complete with a legal definition of terrorist acts) or follow the suggestion of the United States and adopt a less ambitious treaty providing some “added value” (by incorporating by reference the …
The Challenges Of Fighting Global Organized Crime In Latin America, Luz Estella Nagle
The Challenges Of Fighting Global Organized Crime In Latin America, Luz Estella Nagle
Fordham International Law Journal
This Article examines organized crime in Iberoamerica. It also examines the international mechanisms implemented to combat it, specifically the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the 1996 Organization of American States Inter-American Convention against Corruption of 1996, and the United Nations Convention on Transnational Organized Crime of 2000. It then examines whether these efforts have been successful or unsuccessful, and whether multilateral instruments are a formidable tool in the war against international organized crime or merely toothless tigers.
The European Union In The World — A Community Of Values, John Richardson
The European Union In The World — A Community Of Values, John Richardson
Fordham International Law Journal
These are momentous times in Europe. The Euro has been successfully introduced, the enlargement negotiations are approaching their climax, and the European Convention (“Convention”) is moving towards the drafting of a constitution for a new, continent-wide political entity. At the same time, unrest is manifest, particularly in two areas. On the one hand, many of our citizens, and not just the political elites, are dissatisfied with Europe's performance on the world stage and are concerned about the maintenance of peace and security within the Union. In these areas they would like to see a strengthened, more effective entity-- “more Europe.” …
From Common Market To European Union: The New Europe's Place In The Trading World, Mogens Peter Carl
From Common Market To European Union: The New Europe's Place In The Trading World, Mogens Peter Carl
Fordham International Law Journal
What are the philosophical, political, legal and institutional bases for Europe's economic relations with the rest of the world? How have they developed over time, as Europe has moved from the narrow, sectoral basis of the recently defunct European Coal and Steel Community (“ECSC”), to the radical innovation of the European Economic Community (“EEC”), which itself has become part of the wider, politically even more ambitious integrationist structure of the European Union (“EU”), now itself on the verge of a radical expansion of its size? Does today's EU have as much or less in common with the ECSC as a …
Regulating Financial Services In Europe: A New Approach, John F. Mogg
Regulating Financial Services In Europe: A New Approach, John F. Mogg
Fordham International Law Journal
In March 2000, European leaders met in Lisbon, Portugal, to consider the state of the European economy. While there had been economic growth in Europe in the 1990s, it had been consistently lower than that of the European Union's (“EU” or “Union”) main competitors, with unemployment levels remaining stubbornly high. Determined to blaze a new course in Europe, Heads of State and Government announced that “the Union has [today] set itself a new strategic goal for the next decade: to become the most competitive and dynamic knowledge-based economy in the world, capable of sustainable growth with more and better jobs …
The Egyptian Pharmaceutical Industry After Trips — A Practitioner's View, Nermien Al-Ali
The Egyptian Pharmaceutical Industry After Trips — A Practitioner's View, Nermien Al-Ali
Fordham International Law Journal
The pharmaceutical industry in Egypt is the largest in the Middle East and North Africa (“MENA”) region, and one that has attracted foreign investment despite the fact that Egyptian law has not always provided pharmaceuticals with patent protection. The situation changed with the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS agreement” or “TRIPS”), strengthening the interest of the U.S. and other pharmaceutical companies in increasing their investment in Egypt. The Egyptian pharmaceutical industry is currently undergoing many changes spurred by the implementation of TRIPS and the globalization of trade. Many of these changes can be …
The Territoriality Principle Of Patent Protection And Conflict Of Laws: A Review Of Japanese Court Decisions, Teruo Doi
Fordham International Law Journal
Among the various categories of intellectual property, the territoriality principle is applied most strictly to patent protection of inventions and copyright protection of works of authorship. The basic international standards for patent and copyright protections are set forth, respectively, in the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. As of April 15, 2002, 163 States are members of the Paris Union and 149 States are members of the Berne Union. Japan acceded to the Paris and Berne Conventions in 1899. A patent granted in one country has …
Challenges And Reforms In The Palestinian Authority, Hiba I. Husseini
Challenges And Reforms In The Palestinian Authority, Hiba I. Husseini
Fordham International Law Journal
This Article looks at the legal structure of the agreements signed between the Palestine Liberation Organization (“PLO”) and Israel from 1993 to 1995 (the “Agreements”). They consist of the Declaration of Principles signed in 1993 (“DOP”), the Agreement on the Gaza Strip and the Jericho Area signed in 1994 (“Gaza-Jericho Agreement”), the Protocol on Economic Relations signed in 1994 (“Paris Protocol”), and the Interim Agreement on the West Bank and Gaza Strip signed in 1995 (“Interim Agreement”). The Article examines the impact of the Agreements on the Palestinian economy and the development of a viable private sector. The Article also …
The Qualifying Industrial Zone Initiative - A New Tool To Provide Economic Assistance To Middle Eastern Countries Engaged In The Peace Process, Joel Singer
Fordham International Law Journal
This Article first examines the role of economic and developmental assistance in the context of peacemaking and then focuses on one specific innovative economic assistance measure: the Qualifying Industrial Zone (“QIZ”) initiative. Part I of this Article describes how addressing the economic requirements of the negotiating parties has interplayed with their other requirements within the overall framework of peacemaking. Specifically, based on the experience gained over the last thirty years of the Middle East peace process, this Part describes the overarching requirements that the parties have pursued through peace negotiations. As explained below, former Middle East warriors have always attempted …
The Jewish Refugees From Arab Countries: An Examination Of Legal Rights - A Case Study Of The Human Rights Violations Of Iraqi Jews, Carole Basri
Fordham International Law Journal
Although the issues surrounding the Palestinian refugees are frequently addressed at the United Nations ("U.N."), in the news media, and in legal journals, very little has been written about the Jews displaced from Arab lands. In light of the little known fact that approximately 50% of Israelis are Jews from Arab lands or their descendents, this Article will use Jews from Iraq as a case study in examining the history and rights of Jews from Arab countries, who were expelled or forced to seek refuge elsewhere. Part I of this Article examines the historical legal status of Jews in Iraq …
Trafficking In Persons, Especially Women And Children, In Countries Of The Middle East: The Scope Of The Problem And The Appropriate Legislative Responses, Mohamed Y. Mattar
Trafficking In Persons, Especially Women And Children, In Countries Of The Middle East: The Scope Of The Problem And The Appropriate Legislative Responses, Mohamed Y. Mattar
Fordham International Law Journal
The purpose of this Article is to discuss the scope of the problem of trafficking in persons, especially women and children, in the region of the Middle East, and to examine the legislative responses to this problem. This Article will discuss the forms of trafficking in the countries of the Middle East and explain the current legislative responses to the problem of trafficking. This Article will also evaluate the adequacy of these responses, as determined by the minimum standards for eliminating trafficking in persons set forth by the United States Trafficking Victims Protection Act of 2000 ("TVPA"). The Article will …
The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem
The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem
Fordham International Law Journal
One of the vital ways to keep human rights safe is by preserving the prevailing role of the judiciary. Standards developed by the judiciary have a significant beneficial effect of making the lives of people better and the accomplishment of the government's goals easier. In addition, these standards may ensure a better understanding of the relationship between the people and their government, on the one hand, and among the members of the international community, on the other. Moreover, major countries, such as the United States, have a great responsibility, by virtue of their international weight and technological advancement, to help …