Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 326641 - 326670 of 545862

Full-Text Articles in Law

Master Of Puppets: How Japan's Ministry Of Finance Orchestrates Its Own Reformation, Gregory D. Ruback Jan 1998

Master Of Puppets: How Japan's Ministry Of Finance Orchestrates Its Own Reformation, Gregory D. Ruback

Fordham International Law Journal

This Comment analyzes Japan's effort to create a competitive securities market that is free, transparent, and reliable. Part I describes Japan's regulatory environment, emphasizing the power and authority of the Ministry and its influence within the Japanese government and over the securities industry. Part II details elements of the Big Bang reforms and describes the current political situation that will influence the effectiveness of the reforms. Part III addresses the probable effectiveness of the reforms in the context of Japan's regulatory structure, past scandals and reforms, and current political environment. Finally, this Comment argues that the Ministry has the ability …

Go to article

A Prospective Enlargement Of The Roles Of The Bretton Woods Financial Institutions In International Peace Operations, John D. Ciorciari Jan 1998

A Prospective Enlargement Of The Roles Of The Bretton Woods Financial Institutions In International Peace Operations, John D. Ciorciari

Fordham International Law Journal

This Article reviews the principal means of IFI peace-building and offers several proposals to enhance the effectiveness of those means. Focusing primarily on the World Bank Group and the IMF, this Article posits that profound changes are necessary if the Bretton Woods institutions are to realize their potential as leaders in the international peace process. Part I of this Article provides a brief historical account of the Bretton Woods institutions and discusses relevant provisions in their charters, elucidating the factors that have traditionally prevented IFI participation in peace operations. Part II describes and reviews IFI post-conflict reconstruction programs in the …

Go to article

Smoke Across The Waters: Tobacco Production And Exportation As International Humans Rights Violations, Lucien J. Dhooge Jan 1998

Smoke Across The Waters: Tobacco Production And Exportation As International Humans Rights Violations, Lucien J. Dhooge

Fordham International Law Journal

This Article examines the operation of the tobacco industry in the United States. Part I examines the organization of the industry, the health consequences resulting from the industry's domestic operations and receipt of governmental financial support, and the restraints upon these operations. Part II examines the role of the U.S. tobacco industry in the international marketplace, with emphasis on its operations in its largest points of sale in Europe, the Pacific Rim, the Middle East, and Latin America. Finally, Part III analyzes the activities of the U.S. tobacco industry and the U.S. government in light of the obligations of the …

Go to article

Negotiation And The Dispute Resolution In The Sri Lankan Context: Lessons From The 1994-1995 Peace Talks, David M. Rothenberg Jan 1998

Negotiation And The Dispute Resolution In The Sri Lankan Context: Lessons From The 1994-1995 Peace Talks, David M. Rothenberg

Fordham International Law Journal

This Article consists of four parts. Part I sketches the historical background of the Sri Lankan ethnic conflict and the process of easing ethnic tensions. This overview seeks to introduce the reader to the principal parties, issues, and developments in the dispute resolution process, as well as to elicit historical trends that inform current efforts to achieve peace. Part II systematically presents, through published reports, letters, and joint statements of the parties, and through interviews with negotiators and officials from both the government and the LTTE, the events and the process of the 1994-95 peace talks. Part II aims to …

Go to article

Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall Jan 1998

Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall

Fordham International Law Journal

The point of this Essay is to examine the role of economic sanctions, particularly those taken unilaterally by the United States, in influencing the development of human rights policies worldwide. In some cases those unilateral sanctions are imposed without considering cultural differences behind the human rights themselves. In other instances, the United States fails to consider the effectiveness of those sanctions. In still other situations, the United States fails to realize important self-determination issues or the idea of participating in the broader international community. In all cases, the United States, in its role as international arbiter of human rights, needs …

Go to article

European Community Tax Law And Its Development In Light Of The Recent Case Law Of The European Court Of Justice, Siegbert Alber Jan 1998

European Community Tax Law And Its Development In Light Of The Recent Case Law Of The European Court Of Justice, Siegbert Alber

Fordham International Law Journal

Part I of this Essay addresses the Community's impact on national taxation in general. Part II examines Article 95 of the EC Treaty concerning the prohibition on discriminatory internal taxation. The aim is to show, based on a brief summary of the relevant legislation, to what extent the Court has developed its case law in specific areas of Community tax law. Emphasis will then be placed on the structure and various legal aspects of Article 95, which, although a rather complex provision, often tends to be neglected in favour of the harmonized taxes as well as the recent developments in …

Go to article

The Euro--Ready Or Not: Trading Implications Of The New Common Currency, Kathy Jones, Alan N. Rechtschaffen Jan 1998

The Euro--Ready Or Not: Trading Implications Of The New Common Currency, Kathy Jones, Alan N. Rechtschaffen

Fordham International Law Journal

This Essay outlines the specific events leading to the common currency as well as the implications for trading foreign exchange, short-term interest rate futures, and fixed-income securities and futures. It describes the mechanics of the newly formed European Central Bank (“ECB”) and outlines the potential effects on monetary policy and economics in individual countries.

Go to article

International Order, Political Community, And The Search For A Eurpoean Public Philosophy, Ian Ward Jan 1998

International Order, Political Community, And The Search For A Eurpoean Public Philosophy, Ian Ward

Fordham International Law Journal

The shaping of international order, and the place of concepts such as law and community within that order, has emerged as one of the most pressing issues in contemporary legal and political thought. This Essay examines three recent theses, each of which attempts to locate a public philosophy appropriate to the emerging new world order. Part I of this Essay takes a look at these theses: the orthodox Kantian theory of international relations, as recently articulated by Fernando Teson in A Philosophy of International Law, the liberal communitarian theory, which has been eloquently restated by Martha Nussbaum in Cultivating Humanity: …

Go to article

U.S.-Mexican Extradition Policy: Were The Predictions Right About Alvarez?, Argiro Kosmetatos Jan 1998

U.S.-Mexican Extradition Policy: Were The Predictions Right About Alvarez?, Argiro Kosmetatos

Fordham International Law Journal

This Comment analyzes the effect of such predictions on current U.S.-Mexican extradition policy. Part I examines the events leading up to the Court's controversial ruling in Alvarez in the context of established principles and legal precedent on extradition and foreign abductions. Part II describes how controversial the Court's decision was on a domestic and global scale. Specifically, Part II explores opposition from the international community, including responses from the Mexican government and other Latin American countries. Part II also examines domestic reactions to the decision among commentators and scholars, executive leaders, federal courts, and members of the U.S. Congress ("Congress"). …

Go to article

The Belfast Agreement, David Trimble Jan 1998

The Belfast Agreement, David Trimble

Fordham International Law Journal

Jim Molyneaux and Ian Paisley, the then unionist leadership, began this process in 1987 when they gave alternative proposals to Tom King, the then Secretary of State for Northern Ireland. The Brooke talks ended in apparent failure in November 1992, but from a unionist perspective, in fact made significant progress. There was a period in 1993 when it appeared that the British government was receptive to unionist urging to implement the "strand one committee report." Despite these doubts, we in the Ulster Unionist Party remained in the talks when Sinn Fein, the political wing of the IRA, was admitted in …

Go to article

The Good Friday Agreement: An Overview, Bertie Ahern Jan 1998

The Good Friday Agreement: An Overview, Bertie Ahern

Fordham International Law Journal

On 22 May, it received the overwhelming endorsement of the people of Ireland in referendums, North and South. For the first time, a precise mechanism has been defined - and accepted by the British Government - by which a united Ireland can be put in place, by the consent of Irish people and that alone. This involves setting up a new North-South Ministerial Council to develop consultation, co-operation and action within the island of Ireland on matters of mutual interest and establishing, as a start, at least six implementation bodies operating on a cross-border or all-island basis. The people, North …

Go to article

An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne Jan 1998

An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne

Fordham International Law Journal

They include the treatment of the issues of self-determination, consent, and the status of Northern Ireland in the Irish Constitution and in British constitutional legislation; the establishment of new democratic institutions in Northern Ireland on a partnership basis; the creation of formal new links between the two jurisdictions in Ireland through a North/South Ministerial Council and a number of related bodies exercising executive functions; and the development of wider connections within Britain and Ireland through a British-Irish Council involving the two governments and devolved institutions in Scotland, Wales, and Northern Ireland, as well as a continuing British-Irish Intergovernmental Conference. There …

Go to article

The Belfast Agreement, Duncan Shipley-Dalton Jan 1998

The Belfast Agreement, Duncan Shipley-Dalton

Fordham International Law Journal

The Belfast Agreement (or "Agreement"), to give it its proper name, reached at Stormont on Good Friday 1998, is an important document of Irish history. It is certainly a political text, but it has important legal effects. And these I wish to emphasize. As a member of the Ulster Unionist Party ("UUP") - elected later to the Northern Ireland Assembly - I accepted the Agreement on April 10 as the best opportunity for the return of power to all the people of Northern Ireland. At the time of writing (early March 1999), the major issue remains the decommissioning of Irish …

Go to article

'Constructive Ambiguity' Or Internal Self-Determinatinon? Self-Determination, Group Accommodation, And The Belfast Agreement, Christine Bell, Kathleen Cavanaugh Jan 1998

'Constructive Ambiguity' Or Internal Self-Determinatinon? Self-Determination, Group Accommodation, And The Belfast Agreement, Christine Bell, Kathleen Cavanaugh

Fordham International Law Journal

This Essay examines the Belfast Agreement (or "Agreement") in the light of international law on self-determination and minority rights. Northern Ireland cannot be evaluated in a vacuum; already it is being suggested that the Northern Ireland peace process and the formula devised in the 1998 Belfast Agreement may serve as a model for other divided societies. Indeed, this possibility was raised by President Clinton during his September 1998 visit to Belfast and was reiterated by the U.N. High Commissioner for Human Rights on her more recent visit in December 1998. International law claims to address many of the issues central …

Go to article

Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley Jan 1998

Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley

Fordham International Law Journal

These include a "commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community" and eight particular rights are spelled out: the "complete incorporation into Northern Ireland law of the European Convention on Human Rights, with direct access to the courts, and remedies for breach of the Convention, including powers for the courts to overrule Assembly legislation on the grounds of inconsistency"; a new Northern Ireland Human Rights Commission; a new statutory Equality Commission; a normalization of security arrangements and practice, including the reduction in the numbers and role of British Armed Forces deployed …

Go to article

Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey Jan 1998

Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey

Fordham International Law Journal

This Essay examines the structure and functions of the new Northern Ireland Assembly within the context of the constitutional changes in the Britain and Ireland. Since its election in May 1997, the new Labour Government has been steadily putting in place key constitutional reforms. The changes were widely discussed, both internally while the party was in opposition and externally within the scholarly community. The Labour Government came to power on a manifesto that promised substantial constitutional reform with an emphasis on decentralization and participation. It is evident that the change of government had an impact on the process in Northern …

Go to article

Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman Jan 1998

Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman

Fordham International Law Journal

This Essay explores the problems that have emerged over the right to parade since 1994. It begins with a brief review of the historical significance of parades in Ireland before summarizing the background to the current disputes. This Essay considers the causes of the problem, the arguments of the various parties, and the development of legal controls on parades. The Essay then moves on to review the attempts that have been made to resolve the issue. In particular, the Essay focuses on the formal measures that have been taken by the British Government to resolve the disputes rather than the …

Go to article

Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy Jan 1998

Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy

Fordham International Law Journal

The same dilemma remains for those in Northern Ireland today who genuinely want peace, reconciliation, and stability, but who at the same time see in what is termed the peace process, if not deceit, then much glossing over, a lot of ambiguity, and a deal of bad history. In 1921 the new institutions in Northern Ireland, the regional government and Parliament began life under the fiercest onslaught from Irish nationalism, both within its own boundaries and from the rest of the island. It was also critical of the early peace process under which John Hume of the SDLP had commenced …

Go to article

From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien Jan 1998

From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien

Fordham International Law Journal

This Essay examines the process by which the language of human rights moved to center stage in the political process. It looks to peace processes elsewhere to determine whether the Agreement is deserving of the High Commissioner's special praise and analyzes, from a human rights perspective, the content of the Agreement and the extent to which the promises made therein have been fulfilled to date.

Go to article

Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore Jan 1998

Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore

Fordham International Law Journal

It is the contention of this Essay that the international principles of human rights must form the foundations of any future policing service in Northern Ireland. Leaving behind the sterile communalism that has characterized past approaches to policing in favor of a rights-based approach, would benefit all in Northern Ireland. A human rights policing framework would particularly relieve those living in working class communities, both catholic and protestant, who have borne the brunt of heavy policing policies and tactics. While acknowledging that no approach to policing reform can appease all shades of Northern Ireland's political and cultural opinion, the current …

Go to article

Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden Jan 1998

Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden

Fordham International Law Journal

The purpose of this Article is to discuss this change, concentrating on the development of the approach to equality in the Agreement, and its subsequent incorporation into the Northern Ireland Act of 1998 ("Act"), which now forms the legal basis for the new constitutional settlement in Northern Ireland. The Agreement's approach is that equality should be "mainstreamed" in the future governance of Northern Ireland. But, following the Agreement, there was a real danger that equality would be pushed back to the margins. Fortunately, a coalition of the disadvantaged and politicians ensured that this did not happen. The Act, taken together …

Go to article

International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave Jan 1998

International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave

Fordham International Law Journal

Part I describes a few experiences with international computer hackers in order to provide a context for the rest of the Essay. Part II extracts from that experience the central issues that have arisen-and predictably will continue to arise-in connection with investigating and prosecuting international electronic crimes. These concerns are divided into three subject areas: the substantive law, the procedural law, and operational issues. Finally, Part III summarizes international efforts to address concerns raised by crimes in cyberspace.

Go to article

Orchestrating Transatlantic Approaches To Personal Data Protection: A European Perspective, Graham Pearce, Nicholas Platten Jan 1998

Orchestrating Transatlantic Approaches To Personal Data Protection: A European Perspective, Graham Pearce, Nicholas Platten

Fordham International Law Journal

The purpose of this Essay is to examine current EU and U.S. approaches to data protection in the context of the debate about transborder data flows. Part I begins by outlining the EU approach and the criteria governing data transfers to third countries. Part II examines the scope for self-regulation by organizations to safeguard personal data. Part III reviews the main features of the U.S. model of data protection. Then Part IV critically examines several recent U.S. initiatives to enhance privacy in the light of the EU criteria. This Essay concludes by assessing the potential for reconciling the discontinuities between …

Go to article

Computer Technology For The Benefit Of The Rule Of Law: Communication And Research, Carl A. Yirka Jan 1998

Computer Technology For The Benefit Of The Rule Of Law: Communication And Research, Carl A. Yirka

Fordham International Law Journal

This Essay suggests a number of ways in which rule of law partners in the United States and abroad with modest technical background might more easily communicate, plan, coordinate, and research joint projects. Without the new computer technologies it would be very difficult to conduct rule of law projects between partners in the United States and Russia. Recent advances in technologies now make communication with colleagues across the world by computer easier than ever.

Go to article

Know Your Customer Regulations And The International Banking System: Towards A General Self-Regulatory Regime, Daniel Mulligan Jan 1998

Know Your Customer Regulations And The International Banking System: Towards A General Self-Regulatory Regime, Daniel Mulligan

Fordham International Law Journal

This Comment discusses the implementation of “Know Your Customer” (KYC) regulation and its effect on the international banking system. Part I of this Comment explains general legal concepts and trends in international money laundering including background of the drug trade, money laundering process and techniques, and U.S. and international regulatory efforts to combat the money laundering problem. Part II examines the history and the purpose of KYC principles and the proposed regulations. Part III maintains that the rejection of the proposed regulations is appropriate. This Comment concludes that the U.S. government should permit U.S. banks to self-regulate and that a …

Go to article

The Recent Evolution Of The European Union, Marcelino Oreja Jan 1998

The Recent Evolution Of The European Union, Marcelino Oreja

Fordham International Law Journal

I believe that we need to compare the constitutional systems of the two most important players on the international stage to obtain a more clear idea of the difficulties, the problems, and also the different attitudes that may exist on both sides. Mutual comprehension between the United States and the European Union, and transatlantic cooperation in general, are essential for the structuring of international relations. It is useful to take a brief look at what is changing in Europe. If we leave aside the different reactions to the relative successes and failures of the Treaty of Amsterdam, as well as …

Go to article

The Treaty Of Amsterdam In Historical Perspective: Introduction To The Symposium, Roger J. Goebel Jan 1998

The Treaty Of Amsterdam In Historical Perspective: Introduction To The Symposium, Roger J. Goebel

Fordham International Law Journal

On February 27-28, 1998, the Center on European Union Law of the Fordham Law School was pleased to present a program, “The European Union and the United States: Constitutional Systems in Evolution,” intended to provide a clear description of the impact of the Treaty of Amsterdam upon the European Union (or “EU”), and to enable some valuable points of comparison and contrast between constitutional and legal developments within the European Union and the United States. This symposium issue of the Fordham International Law Journal publishes a series of papers presented at the conference centering on the Treaty of Amsterdam, signed …

Go to article

The Impact Of The Amsterdam Treaty Upon The Court Of Justice, Ole Due Jan 1998

The Impact Of The Amsterdam Treaty Upon The Court Of Justice, Ole Due

Fordham International Law Journal

The Intergovernmental Conference leading up to the adoption of the Maastricht Treaty was probably the first during which the case law of the Court of Justice formed a topic of discussion. The result of this discussion was certainly positive in relation to the new Treaty's general rules. But, clearly, criticism had also been voiced during the discussion. This criticism can be seen from two protocols to the Treaty, both drawn up as unfortunate reactions to specific rulings. It is important that the establishment of a closer cooperation between some Member States does not permit them to escape from the rules …

Go to article

The Commission's Role In The Igc's Drafting Of The Treaty Of Amsterdam, Michel Petite Jan 1998

The Commission's Role In The Igc's Drafting Of The Treaty Of Amsterdam, Michel Petite

Fordham International Law Journal

This essay shall attempt to describe initially how the Commission approached the Amsterdam negotiation in the first place. It will explore the institutional issues that it addressed and the strategies it implemented. It then evaluates the likely impact of the new provisions of the Treaty of Amsterdam upon the Commission.

Go to article

An Appraisal Of The Treaty Of Amsterdam From The Perspective Of A Member Of The European Parliament, Laurens Jan Brinkhorst Jan 1998

An Appraisal Of The Treaty Of Amsterdam From The Perspective Of A Member Of The European Parliament, Laurens Jan Brinkhorst

Fordham International Law Journal

When one has such learned predecessors, representing the two powerful institutions, who give such a balanced view of the Treaty of Amsterdam (or “Amsterdam Treaty”), what more can a simple parliamentarian say? I think my first comment would be, Amsterdam--yes, the worst has been avoided. I think that this comment is an honest compliment to the efforts of my predecessors during the Intergovernmental Conference (“IGC”). The outcome could have been much worse.

Go to article

First Prev Next Last