Law Commons^™

Contractual Forms In Islamic Finance Law And Islamic Inv. Co. Of The Gulf (Bahamas) Ltd. V. Symphony Gems N.V. & Ors.: A First Impression Of Islamic Finance, Umar F. Moghul Esq., Arshad A. Ahmed Esq.

Fordham International Law Journal

This Article focuses on the case of Islamic Investment Company of the Gulf (Bahamas) Ltd. v. Symphony Gems N.V. & Others (“Symphony Gems”). Symphony Gems is the first instance where a Western court of law ruled on an Islamic financial transaction. Symphony Gems illuminates the challenges and tensions within the industrial complex of Islamic finance as it seeks to exist and thrive in a commercial reality where the regulatory framework and its associated assumptions (both theoretical as well as those of commercial practice) differ markedly from those of Islamic law and the contemporary Islamic financial industry. The resulting transactions often …

Women In Shari'ah Courts: A Historical And Methodological Discussion, Amira Sonbol

Fordham International Law Journal

This Article focuses on qadis and courts before modern legal reforms with particular emphasis on the life of women and their interaction with the courts. A number of issues will be discussed and points made pertaining to the laws and madhahib [Islamic legal schools] applied in courts, the hierarchies and roles of qadis, and the accessibility of the legal system and knowledge of court procedures to the general public. Court culture, personnel, and record-keeping will also be discussed, as will the philosophy behind the law. The author hopes to illustrate that a viable court system existed before modernization. Although precedent …

The European Union In Transition: The Treaty Of Nice In Effect; Enlargement In Sight; A Constitution In Doubt, Roger J. Goebel

Fordham International Law Journal

This Article is intended to provide an overview of this transitional moment in the history of the European Union. Initially, the Article will briefly review the background of the Treaty of Nice, and the institutional structure modifications for which it provides, which paves the way for enlargement. Next it will describe the final stages of the enlargement process. Finally, the Article will set out the principal institutional innovations and certain other key aspects of the draft Constitution, the most important issues concerning them, and the current impasse.

A Consumer's Dream Or Pandora's Box: Is Arbitration A Viable Option For Cross-Border Consumer Disputes?, Donna M. Bates

Fordham International Law Journal

This Note discusses current consumer arbitration policies and analyzes whether traditional arbitration is adequate to address consumer disputes in the new cross-border shopping environment. Part I discusses the importance of consumer protection and reviews the consumer arbitration regimes of the United States and the European Union. Part II discusses the criticisms of the current policies toward consumer arbitration in the United States and the European Union. Part II also highlights the unique problems of consumer dispute resolution in cross-border transactions and raises some concerns unique to dispute resolution on the Internet. Part III concludes that traditional arbitration systems are not …

Law "Of Our Own Style": The Evolution And Challenges Of The North Korean Legal System, Patricia Goedde

Fordham International Law Journal

In this Essay, I first briefly present theoretical contexts that may aid in defining the North Korean legal system. Next, I trace the evolution of the North Korean legal system by examining the North Korean reaction to various legal influences of the Japanese occupation, Soviet tutelage, and traditional Korean practices, and outline the current politico-legal structure. In the final section, I inquire whether the North Korean legal structure can accommodate a different legal system necessitating rule-of-law requirements, as applied to its foreign investment regime and, perhaps some day, nationwide. Although the main purpose of this Essay is to introduce the …

Moving Forward, Never Backwards: Preventing Fraud In The European Union And Defining European Central Bank Independence , Shaun A. Reader

Fordham International Law Journal

Part I of this Note will describe the need for anti-fraud measures within the Community. Part I will also detail the various legislative actions taken by the Commission, the Parliament and Council, and by the ECB and by the EIB to combat fraud. Part II will present the Commission's case against the ECB, the ECB's defense, the views expressed by Advocate General Jacobs and the ultimate judgment of the ECJ. Part II will focus primarily on the Commission v. ECB, but will note similarities and variances from the Commission's case against the EIB. Finally, Part III will discuss the leeway …

The Free Trade Area Of The Americas And Smaller Economies, The Most Honourable P. J. Patterson

Fordham International Law Journal

Although the FTAA promises growth and development it still poses real challenges and demands some difficult decisions when attempting to achieve its intended goal of promoting stronger, more dynamic trade, and economic growth in this hemisphere. The concerns are greatest for the smaller and more vulnerable economies. They face the prospect of revenue loss through tariff reduction, job losses through consolidation of production centers in more powerful territories, and the demise of marginal and weak producers. It is for these reasons that attention to the status of smaller economies is essential in the FTAA.

Mercosure, The Free Trade Area Of The Americas, And The Future Of U.S. Hegemony In Latin America, Dr. Mario E. Carranza

Fordham International Law Journal

The purpose of this Article is to examine U.S. hegemony in Latin America by looking at the impact of the Free Trade Area of the Americas ("FTAA") negotiations on U.S.-Latin American relations. Does the FTAA process confirm the claim that "since World War II ... the general trend has always been for the United States to exert a great degree of influence over Latin American countries..."? Does it mark the beginning of a new, more balanced relationship between the United States and Latin America, a mature partnership based on reciprocity, mutuality of interests and mutual respect? Alternatively, are the United …

The Just War Ethic In International Law, Joseph C. Sweeney

Fordham International Law Journal

To the student and practitioner of international law in the twenty-first century, the just war ethic is clearly part of Moral Theology--binding the consciences of ethical people everywhere --but it is not part of international law. Nevertheless, there is today a lingering flavor of the Just War Ethic in debates about issues that are partly moral and partly political, such as: 1. the testing and use of nuclear weapons; 2. combating terrorism; and 3. humanitarian intervention to save lives and the human environment. None of these activities is authorized expressly in the United Nations Charter. What is an unjust war …

Two Roads Diverged In A Yellow Wood: The European Community Stays On The Path To Strict Liability, Josephine Liu

Fordham International Law Journal

Part I of this Note will briefly outline Community policy on product liability as detailed by the Product Liability Directive, then review the development of product liability law in various Member States of the European Community. Part II will analyze how the concept of state-of-the-art highlighted tensions between a strict liability regime and a negligence regime in U.S. product liability. It will then review similar discord in the European Community caused by the development risk defense. Finally, Part III of this Note will argue that in contrast to the United States, the European Community has thus far chosen to stay …

Triptych: Three Meditations On How Law Rules After Globalization, David A. Westbrook

Journal Articles

No abstract provided.

Lessons From Nepal: Partnership, Privilege And Potential, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Dramatic differences in culture present students with the opportunity to gain considerable perspective on their own perceptions and a chance to operate in a legal environment that, like most endeavors in the world today, has become increasingly globalized. This kind of experience has generally been missing in the training of our university law students. The students in Washington University's Civil Justice Clinic have provided legal services to women and children who have been victims of violence in a wide array of socio-economic settings. They have also worked on policy initiatives that shape government on city, state and federal levels. But …

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

The goal of this Article is to participate in the challenging project of carving out a new area of study in the place where international law, comparative law, and domestic law intersect. In this Article, I use the story of flawed rule-of-law assistance efforts to demonstrate the importance of this inquiry. I take as a basic premise that there are many situations in which it is justifiable and beneficial for the U.S. and other actors to seek to promote human rights and the rule of law abroad, and that at times even military interventions are a necessary and justifiable part …

Trade Sanctions And Human Rights–Past, Present, And Future, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The relationship between the international law of trade and the international law of human rights has commanded an increasing amount of scholarly attention in the past few years, perhaps spurred by the well-known events at Seattle in 1999. This article offers some reflections on this relationship, focusing on the permissibility under international law of imposing trade sanctions against nations that commit violations of international human rights. Part I begins with some reflections on the historical relationship between these two bodies of law. Part I also considers why the human rights community appears to feel threatened by the international trade system, …

Agora (Continued): Future Implications Of The Iraq Conflict: Editors' Note, Lori Fisler Damrosch, Bernard H. Oxman

Faculty Scholarship

This Agora continues the discussion of future implications of the Iraq conflict begun in the previous issue of the Journal. While the contributions to the first installment of the Agora concentrated mainly on the decision to initiate combat against Iraq in spring 2003 and the implications thereof for the restraints on use of force in the UN Charter and customary international law, the present pieces shift the focus to the management of the transition within Iraq in the aftermath of the military intervention.

Functional Democracy: Responding To Failures Of Accountability, Molly K. Land

Molly K. Land

No abstract provided.

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Free Association: The United States Experience, Chimene I. Keitner, W. Michael Reisman

Chimene I Keitner

No abstract provided.

Associate Statehood: Principles And Prospects, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

Intellectual Property Law In India, Sonia Baldia

Sonia Baldia

No abstract provided.

Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto

Jackson Nyamuya Maogoto

Democratic entitlement as a universal human right is a complex and multifaceted issue. The Article has as its modest aim a general reflection on the enshrinement of democracy as a universal entitlement and the movement of international law in a pro-democratic direction The Article will seek to highlight the general uncertainties that continue to plague the democratic entitlement. The Article deliberately focuses on the United Nations system with reference also being given to regional efforts. The Article does not discuss the legal justifications and nature of measures to address undemocratic regimes. While such measures are significant in pro-democratic discourse, it …

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

Bartram Brown

No abstract provided.

"Unlawful Combatants' In The United States: Drawing The Fine Line Between Law And War, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

O Impacto Da Rodada De Doha Para As Empresas Brasileiras, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo tem objetivo de apresentar o leitor às discussões travadas durante a Rodada Doha e seus impactos para o empresariado brasileiro, principalmente no que tange à questões tributárias, como a redução da Tarifa Externa brasileira, bem como o suas conseqüências para empresas que gozam de proteção tarifária.

This article's objective is to present the reader the Doha Round discussions and their impact on Brazilian business, mainly regarding tax issues, such as the reduction of Brazilian external tariffs, and their consequences for firms that enjoy tariff protection.

A Omc E O Comércio Eletrônico: Temas Para Países Em Desenvolvimento, Ivo T. Gico

Ivo Teixeira Gico Jr.

O objetivo deste texto é trazer algumas das questões mais gerais e predominantente importantes para os países em desenvolvimento que estão surgindo no âmbito da OMC e as possíveis conseqüências para os PEDs, , na esteira do reconhecimento internacional do direito que os povos têm de se desenvolver.

The aim of this paper is to bring some of the most prominent and general questions, which are important for developing countries that are emerging in the WTO and the possible consequences for PEDs, in the wake of the international recognition of the development right of the people.

Neo-Positivismo E Pós-Positivismo Jurídico, Haradja L. Torrens

Haradja L Torrens

No abstract provided.

Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff

Paul Williams

With the destruction of the Taliban regime, the international community is turning its attention toward the establishment of an interim government consistent with the Bonn Accords, and the identification of a process for selecting a more long-term governing arrangement. As is well known, these first steps toward establishing a new government in Afghanistan are the beginning of a long and difficult process for re-establishing peace. Absent a comprehensive and attainable plan for nation rebuilding in Afghanistan, the United States may find that despite its victory on the battle- field, it may be unable to adequately achieve its long term security …

Earned Sovereignty: The Political Dimension, James R. Hooper Iii, Paul R. Williams

Paul Williams

There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements. To date, the "sovereignty first" international response to these conflicts has been unable to stem the tide of violence, and in many instances may have contributed to further outbreaks of violence. This article will argue that the "sovereignty first" doctrine is slowly being supplemented by a new conflict resolution approach which we dub "earned sovereignty."

Family Unity And Refugee Protection, Kate Jastram

Kate Jastram

No abstract provided.

Family Unity, Kate Jastram

Kate Jastram

No abstract provided.