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Articles 661 - 690 of 725
Full-Text Articles in Law
Enlargement Of The European Union – The Discrepancy Between Membership Obligations And Accession Conditions As Regards The Protection Of Minorities, Christophe Hillion
Enlargement Of The European Union – The Discrepancy Between Membership Obligations And Accession Conditions As Regards The Protection Of Minorities, Christophe Hillion
Fordham International Law Journal
This Article will focus on one particular accession condition that is illustrative of this phenomenon, namely, the protection of minorities. The Copenhagen criteria encompass the "respect for and protection of minorities" as one of the conditions for acceding to the Union, but the Treaty on European Union ("TEU") does not explicitly mention the protection of minorities as one of the EU's principles, objectives, or competences. It is argued that the question of minority rights could find its way onto the EU internal policy agenda not only as a concern of various new Member States, but also as an unintended consequence …
Fundamental Facets Of The United States-Jordan Free Trade Agreement: E-Commerce, Dispute Resolution, And Beyond, Mohammad Nsour
Fundamental Facets Of The United States-Jordan Free Trade Agreement: E-Commerce, Dispute Resolution, And Beyond, Mohammad Nsour
Fordham International Law Journal
Part I of this Article discusses e-commerce in the U.S.-Jordan FTA. Part I begins with definitions of basic issues in the e-commerce regime, such as electronic signatures. Thereafter, Part I highlights the ways in which some of the important international regimes have dealt with e-commerce, as in the GATS. Finally, and most importantly, Part I will provide a legal analysis of issues related to e-commerce, which are mentioned in the U.S.-Jordan Joint Statement on E-Commerce, such as privacy. Due to the fact that the World Trade Organization's ("WTO") dispute settlement system is the dominant one for trade disputes, Part II …
Regulation Without Borders: The Impact Of Sarbanes-Oxley On European Companies, Maria Camilla Cardilli
Regulation Without Borders: The Impact Of Sarbanes-Oxley On European Companies, Maria Camilla Cardilli
Fordham International Law Journal
The purpose of this study is to: (i) outline the key provisions of Sarbanes-Oxley, highlighting the aspects of the Act which are most likely to impact European companies as well as their officers and directors; (ii) point out the provisions of the Act which conflict with EU national laws; and (iii) illustrate the key points of the proposed European reform of corporate governance, as formulated on November 4, 2002 by the High Level Group of Company Law Experts appointed by the European Commission.
Law "Of Our Own Style": The Evolution And Challenges Of The North Korean Legal System, Patricia Goedde
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 …
The Constitution Of North Korea: Its Changes And Implications, Dae-Kyu Yoon
The Constitution Of North Korea: Its Changes And Implications, Dae-Kyu Yoon
Fordham International Law Journal
Though a departure from mainstream socialist States, a glimpse of North Korea's Constitution can still provide observers with an understanding of how North Korea has undergone and responded to social changes and vicissitudes. Hence, this Essay sets out to do a number of things. First, this study succinctly examines the nature and status of law in North Korea. Second, it reviews the country's constitutional history in sequence, and then, provides a more in depth look into the characteristics of the current Constitution. Conclusions are then drawn from this examination. The goal of this Essay is not to describe the principles …
The Special Economic Zones And North Korean Economic Reformation With A Viewpoint Of International Law, Eric Yong-Joong Lee
The Special Economic Zones And North Korean Economic Reformation With A Viewpoint Of International Law, Eric Yong-Joong Lee
Fordham International Law Journal
This Article is composed of three Parts. Part I reviews the establishment of the SEZs in North Korea. This Part will introduce four SEZs currently in action and the grand scheme of the Tumen River Area Development Project. The backgrounds, purposes, and roles of the SEZs will also be addressed in this part. Part II deals with the legal instruments of North Korea involved in the economic reformation in these zones. This Part will systematically analyze the laws and regulations relating to inducing foreign investment in SEZs. Part III investigates protection against political risks in the SEZs, which is one …
The Sword In The Mirror – The Lawfulness Of North Korea's Use And Threat Of Use Of Nuclear Weapons Based On The United States' Legitimization Of Nuclear Weapons, Charles J. Moxley, Jr.
The Sword In The Mirror – The Lawfulness Of North Korea's Use And Threat Of Use Of Nuclear Weapons Based On The United States' Legitimization Of Nuclear Weapons, Charles J. Moxley, Jr.
Fordham International Law Journal
This Article addresses the lawfulness of the use or threat of use of nuclear weapons by the Democratic People's Republic of Korea ("North Korea" or "DPRK"). I address the topic from three perspectives: 1) North Korea's own statements of the matter; 2) U.S. statements of the law as applied to its own nuclear weapons; and 3) my evaluation of the matter based on international law as stated by the United States and as found by the International Court of Justice in the Nuclear Weapons Advisory Decision.
America's De Facto Guest Workers: Lessons From Germany's Gastarbeiter For U.S. Immigration Reform, Nicole Jacoby
America's De Facto Guest Workers: Lessons From Germany's Gastarbeiter For U.S. Immigration Reform, Nicole Jacoby
Fordham International Law Journal
Part I of this Note describes West Germany's post-war Gastarbeiter [guest worker] program from 1961 to 1972. Part II focuses on the long-term results of the Gastarbeiter program, with special emphasis on the legal status of Turkish Gastarbeiter in Germany. This assessment concludes that guest worker programs inevitably result in the permanent settlement of foreigners in the host country. If not properly anticipated and planned for, this settlement leads to social stratification and political divisiveness. Part II also presents for comparison U.S. immigration policies and their effect on Mexican immigrant workers. The section asserts that the United States over the …
The Caribbean Court Of Justice: Enhancing The Law Of International Organizations, Sheldon A. Mcdonald
The Caribbean Court Of Justice: Enhancing The Law Of International Organizations, Sheldon A. Mcdonald
Fordham International Law Journal
This Article will consider the following: Part I will discuss some general issues concerning dispute settlement internationally. Part II discuss dispute settlement systems in the Regional Economic Groupings, including the World Trade Organization ("WTO") (as evidenced in the infamous "Banana Dispute") and the future Free Trade Area of the Americas ("FTAA"), given that the Revised Treaty will be notified under article XXIV of the General Agreement on Trade and Tariffs 1994 and will presumably be accepted as being consistent with the understanding thereunder. Part III will examine the Role of the CCJ as the judicial organ of CARICOM and the …
Out Of The "Troubles" And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston
Out Of The "Troubles" And Into Rights: Protection For Gays, Lesbians, And Bisexuals In Northern Ireland Through Equality Legislation In The Belfast Agreement, Mckenzie A. Livingston
Fordham International Law Journal
Part I of this Note explores the history of LGB rights in Northern Ireland, focusing on the development of domestic equality legislation stemming from the recent peace process. Part II examines the statutory framework of this legislation, concentrating on what protections and rights it provides for sexual minorities in Northern Ireland. Part II also looks at a recent European Directive prohibiting discrimination against LGB persons in employment. Part III argues that for truly effective change to occur, LGB individuals need both policy-based and rights-based legislation encompassing the human rights principles of equality and non-discrimination. Part III further argues that the …
Puerto Rico Pandemonium: The Commonwealth Constitution And The Compact-Colony Conundrum, Jason Adolfo Otaño
Puerto Rico Pandemonium: The Commonwealth Constitution And The Compact-Colony Conundrum, Jason Adolfo Otaño
Fordham International Law Journal
This Note will consider the historical background of the compact-colony conundrum and examine the development of self-determination in international law and democracy in the Americas in order to bring to light a new forum for this question. Part I will discuss the historical background necessary in examining this conflict. Part II analyzes the formation of a constitutional government in Puerto Rico, and the reaction of the international and Inter-American communities. Part III argues that Puerto Rico is still a colony of the United States and thus U.S.-P.R. relations violate international and Inter-American law.
No Recourse: Transnational Corporations And The Protection Of Economic, Social, And Cultural Rights In Bolivia , Maria Mcfarland Sánchez-Moreno, Tracy Higgins
No Recourse: Transnational Corporations And The Protection Of Economic, Social, And Cultural Rights In Bolivia , Maria Mcfarland Sánchez-Moreno, Tracy Higgins
Fordham International Law Journal
This Report analyzes two cases in which TNC activities have had an impact on Bolivian citizens' enjoyment of economic, social, and cultural rights (“ESC rights”). In so doing, it analyzes not only corporate conduct but also the Bolivian government's role in protecting ESC rights from violation. The cases involve an oil spill by Transredes, a TNC partly owned by Enron and Shell, in Bolivia's Desaguadero River, which affected over one hundred indigenous communities; and the water war that took place in the city of Cochabamba over the privatization of Cochabamba's water system and its operation by the consortium Aguas del …
Ludwik A. Teclaff (1918 – 2003) A Tribute, Joseph C. Sweeney
Ludwik A. Teclaff (1918 – 2003) A Tribute, Joseph C. Sweeney
Fordham International Law Journal
On May 29, 2003, Professor Ludwik A. Teclaff died in his 85th year at his retirement home in St. Petersburg, Florida. Ludwik Teclaff, was a scholar, a patriot, a warrior and a man of faith. He was born in Czestochowa, Poland on November 14, 1918, just before Poland emerged as a newly independent Nation. In 1959 Dr. Teclaff joined the Fordham University School of Law Library, becoming Librarian of the Law School in 1962. During his twenty-four years as Librarian, Dr. Teclaff made the changes in technology and administration that would put Fordham's law library in the front rank of …
The Just War Ethic In International Law, Joseph C. Sweeney
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 …
Developments, Issues, And New Remedies – The Duties Of National Authorities And Courts Under Article 10 Of The Ec Treaty , John Temple Lang
Developments, Issues, And New Remedies – The Duties Of National Authorities And Courts Under Article 10 Of The Ec Treaty , John Temple Lang
Fordham International Law Journal
The Court of Justice is using Article 10 of the EC Treaty more frequently, in a wide variety of cases. This Article summarizes and comments briefly on more than forty cases which have been decided and issues which have arisen since the Congress of FIDE, the Fédération Internationale pour le Droit Européen, in Helsinki in 2000, where the case law on Article 10 was discussed at length. The Court is continuing to draw a variety of practical conclusions from the general words of the Article, elaborating and applying existing case-law, and ruling on both positive and negative duties resulting from …
The Obstacles To Regulating The Hawala: A Cultural Norm Or A Terrorist Hotbed? , Rachana Pathak
The Obstacles To Regulating The Hawala: A Cultural Norm Or A Terrorist Hotbed? , Rachana Pathak
Fordham International Law Journal
This Note examines the complex mechanics of hawala networks. Part I provides information regarding their origins, scope and reasons for continued existence. Part II contrasts the U.S. approach to regulating hawala networks through the USA PATRIOT Act and Operation Green Quest, with the U.A.E.'s approach, which is resistant to some of the American-led efforts. Part II also reviews three separate Green Quest actions: 1) Al Barakaat, an expansive Somalia-based organization through which Somalia's diaspora sent cash to families abroad; 2) Hussein Alshafei, an Iraqi American, who operated a money service business to Iraq; and 3) Mohammed Albanna, a Yemeni-American, based …
Vengeance And Empire: The Leftist Case For War In Iraq – William Shawcross, Allies: The U.S., Britain, Europe, And The War In Iraq , Hal Blanchard
Vengeance And Empire: The Leftist Case For War In Iraq – William Shawcross, Allies: The U.S., Britain, Europe, And The War In Iraq , Hal Blanchard
Fordham International Law Journal
Shawcross is superbly equipped to assess the impact of rogue States and terrorist organizations on global security. He is also well placed to comment on the risks of preemptive invasion for existing alliances and the future prospects for the international rule of law. An analysis of the ways in which the international community has “confronted evil,” Shawcross' brief polemic argues that U.S. President George Bush and British Prime Minister Tony Blair were right to go to war without UN clearance, and that the hypocrisy of Jacques Chirac was largely responsible for the collapse of international consensus over the war. His …
Regionalism Versus Globalism: A View From The Americas, Carlos Manuel Vázquez
Regionalism Versus Globalism: A View From The Americas, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The well-deserved celebration of UNIDROIT'S first seventy-five years focused on a topic that is of particular interest to the Organization of American States and to the organ of the OAS to which the author belongs, the Inter-American Juridical Committee. The topic of the 75th Anniversary Congress--"Worldwide Harmonization of Private Law and Regional Integration"--implicates one of the several dichotomies with which we in the Inter-American system who work on questions of private international law (and international private law) have been grappling in recent years, the problem of regional versus global approaches to the harmonization of private international law (and international private …
Manulife Indonesia: A Meditation On Three Mythologies, David K. Linnan
Manulife Indonesia: A Meditation On Three Mythologies, David K. Linnan
South Carolina Journal of International Law and Business
No abstract provided.
Examining Alternative Dispute Resolution In The International Business Domain, Reyburn W. Lominack Iii
Examining Alternative Dispute Resolution In The International Business Domain, Reyburn W. Lominack Iii
South Carolina Journal of International Law and Business
No abstract provided.
Unravelling The Mystery -- A Comparative Introduction To Product Liability Law In The Us And Europe, Brandon J. Riordan
Unravelling The Mystery -- A Comparative Introduction To Product Liability Law In The Us And Europe, Brandon J. Riordan
South Carolina Journal of International Law and Business
No abstract provided.
Aboriginal Title In Australia, Steven Tishco
Aboriginal Title In Australia, Steven Tishco
South Carolina Journal of International Law and Business
No abstract provided.
Towards A Single Definition Of Armed Conflict In International Humanitarian Law: A Critique Of Internationalized Armed Conflict, James G. Stewart
Towards A Single Definition Of Armed Conflict In International Humanitarian Law: A Critique Of Internationalized Armed Conflict, James G. Stewart
All Faculty Publications
The strict division of international humanitarian law into rules applicable in international armed conflict and those relevant to armed conflicts not of an international nature is almost universally criticized. Even though attempts to abandon the distinction were made at every stage of negotiation of the Geneva Conventions and their Protocols, calls for a single body of international humanitarian law have since died out. This article revives those calls by highlighting the inadequacies of the current dichotomy’s treatment of internationalized armed conflicts, namely, armed conflicts that involve internal and international elements. It concludes that the law developed to determine this “internationalization” …
Local Institutions, Foreign Investment And Alternative Strategies Of Development: Some Views From Practice, Tamara Lothian, Katharina Pistor
Local Institutions, Foreign Investment And Alternative Strategies Of Development: Some Views From Practice, Tamara Lothian, Katharina Pistor
Faculty Scholarship
This Essay summarizes the major insights gained from a panel discussion with legal practitioners about the relevance of local institutions to foreign direct investors. The Essay offers a critique of policy conclusions drawn from empirical studies that suggest a positive correlation between legal institutions and foreign investment flows. It points out that the data used in these studies are far too general to allow policy conclusions and that neither the data nor the policy conclusions are sufficiently attuned to the challenges or opportunities that foreign direct investment projects face on the ground. According to the results of the panel discussion, …
Book Review, Lakshman Guruswamy
Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer
Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer
Publications
No abstract provided.
Taxing International Portfolio Income, Michael J. Graetz, Itai Grinberg
Taxing International Portfolio Income, Michael J. Graetz, Itai Grinberg
Faculty Scholarship
Most analyses of the taxation of international income earned by U.S. corporations or individuals have addressed income from direct investments abroad. With the exception of routine bows to the "international tax compromise" and sporadic discussions of the practical difficulties residence countries face in collecting taxes on international portfolio income, the taxation of international portfolio income generally has been ignored in the tax literature.
Analysis and reassessment of U.S. tax policy regarding international portfolio income is long overdue. The amount of international portfolio investment and its role in the world economy has grown exponentially in recent years. In most years since …
A Hydrogeological Approach To Transboundary Ground Water Resources And International Law, Gabriel Eckstein, Yoram Eckstein
A Hydrogeological Approach To Transboundary Ground Water Resources And International Law, Gabriel Eckstein, Yoram Eckstein
Faculty Scholarship
Ground water resources have long been the neglected stepchild of water law. While agreements focusing on transboundary rivers and lakes have been relatively common, there is a paucity of treaties and international norms squarely addressing shared ground water resources. As a result, the rules governing the use, management, and conservation of transboundary ground waters is unclear at best.
This dearth is, in large part, the result of a deficit of scientific understanding among legislators, policymakers, and the judiciary. This is evidenced in many international and domestic laws and policies that have little or no scientific underpinning. Accordingly, there is a …
Agora (Continued): Future Implications Of The Iraq Conflict: Editors' Note, Lori Fisler Damrosch, Bernard H. Oxman
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.
Agora: Future Implications Of The Iraq Conflict: Editors' Introduction, Lori Fisler Damrosch, Bernard H. Oxman
Agora: Future Implications Of The Iraq Conflict: Editors' Introduction, Lori Fisler Damrosch, Bernard H. Oxman
Faculty Scholarship
The military action against Iraq in spring 2003 is one of the few events of the UN Charter period holding the potential for fundamental transformation, or possibly even destruction, of the system of law governing the use of force that had evolved during the twentieth century. As with the great debates surrounding U.S. involvement in the two world wars, the establishment of the United Nations, and the challenges to UN Charter norms during the Cold War, this Journal seeks to provide a forum for reasoned and respectful treatment of legal issues that have aroused fierce passions.