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Articles 1441 - 1470 of 1477
Full-Text Articles in International Law
Forum Non Conveniens: Standards For The Dismissal Of Actions From United States Federal Courts To Foreign Tribunals, James D. Yellen
Forum Non Conveniens: Standards For The Dismissal Of Actions From United States Federal Courts To Foreign Tribunals, James D. Yellen
Fordham International Law Journal
Part I of this Note will develop and summarize the historical backdrop of the doctrine of forum non conveniens. Part II will analyze the legislative and judicial development of the doctrine during the last fifty years. Part II will discuss the Reyno decision and the proper weight to be accorded the citizenship and the forum choice of the plaintiff. Included in the latter inquiry is a discussion of the extent to which the plaintiff's prospects of recovery in a particular case should control the outcome of the defendant's motion to dismiss. In conclusion, Part IV will evaluate the impact of …
Remarks Delivered On The Occasion Of The Seventy-Fifth Anniversary Of Fordham Law School October 1, 1980, Donald F. Mchenry
Remarks Delivered On The Occasion Of The Seventy-Fifth Anniversary Of Fordham Law School October 1, 1980, Donald F. Mchenry
Fordham International Law Journal
Although my work is largely with international lawyers, I often meet lawyers from many walks of life and am struck by how many lawyers seem to doubt the very existence of international law. Layman though I am, I want to lay that misconception to rest. Law is the warp and woof of the fabric that binds us together. Law makes it possible for one hundred and fifty-four nations to deal cooperatively and peacefully with each other over a wide range of issues.
The Protection Of Trading Interests Act Of 1980– Britain's Latest Weapon In The Fight Against United States Antitrust Laws, Arlene Daffada
The Protection Of Trading Interests Act Of 1980– Britain's Latest Weapon In The Fight Against United States Antitrust Laws, Arlene Daffada
Fordham International Law Journal
This Note will review the doctrines and principles which now guide the enforcement of United States antitrust laws in foreign commerce. It will then argue that the United States must choose between two alternative courses of action when responding to the passage of the PTIA. On the one hand, the United States could choose to maintain the status quo by endorsing existing antitrust laws and doctrines applicable to foreign commerce. On the other hand, the United States could respond by reexamining existing laws and considering changes in their scope, function, and and application in the field of foreign commerce. Whichever …
The Alien Tort Statute Of 1789– Political Torture Provides Federal Jurisdiction Under The Statute, Frank A. Russo
The Alien Tort Statute Of 1789– Political Torture Provides Federal Jurisdiction Under The Statute, Frank A. Russo
Fordham International Law Journal
Dr. Joel Filartiga and his daughter Dolly Filartiga, citizens of Paraguay living in the United States,' brought a civil action in United States District Court for the Eastern District of New York against Americo Norbeto Pena-Irala (Pena), also a citizen of Paraguay, for wrongfully causing the death of Dr. Filartiga's son, Joelito, in Paraguay in 1976. Although none of the parties were citizens of the United States and the alleged tort occurred in Paraguay, the Filartigas contended that the court's subject matter jurisdiction was properly based upon the Alien Tort Statute. While the Filartiga decision is bound to have broad-ranged …
Canada's Foreign Investment Review Act Revisited, Barry J. O’Sullivan
Canada's Foreign Investment Review Act Revisited, Barry J. O’Sullivan
Fordham International Law Journal
The regulatory scheme mentioned is the Foreign Investment Review Act (FIRA)passed by the Parliament of Canada in December 1973. The FIRA was a response to a growing nationalist feeling in the early 1970's, from which developed a resentment of the seeming omnipresence of foreign business in the Canadian economy and a fear of the long-term consequences of such presence. In examining the FIRA, this Note will explore the factors that led to passage of the legislation. The Act will be analyzed in depth. Important statutory language will be defined and explained, and the review process of the FIRA will be …
The Evolution Of A New And Viable Concept Of Sovereignty For Outer Space, Linda R. Sittenfeld
The Evolution Of A New And Viable Concept Of Sovereignty For Outer Space, Linda R. Sittenfeld
Fordham International Law Journal
The traditional territorially oriented concept of sovereignty is engaged in a particularly slow and problematical reconciliation with current developments in outer space. This Note will trace the concept of sovereignty as it has evolved into the space age. An examination of early debates regarding sovereignty in outer space reveals that the traditional territorial orientation is slowly being abandoned. Analysis of current issues indicates that while a significant conservative viewpoint continues to exist, a new non-territorial orientation is emerging. This Note will consider the proposition that it is this new non-territorially oriented sovereignty that is viable for outer space.
The Nikkei Case: Toward A More Uniform Application Of The Direct Effect Clause Of The Foreign Sovereign Immunities Act, J. Blair Richardson, Jr.
The Nikkei Case: Toward A More Uniform Application Of The Direct Effect Clause Of The Foreign Sovereign Immunities Act, J. Blair Richardson, Jr.
Fordham International Law Journal
This Note will first examine the general purpose of the Foreign Sovereign Immunities Act and attempt to ascertain the intended meaning of the direct effect clause. It will then compare and contrast the Nikkei court's interpretation of the clause with the interpretations used in the other recent cases in the Southern District involving Nigerian cement contract disputes. Finally, this Note will suggest that the approach used in Nikkei is both correct and consistent with congressional intent as manifested in the legislative history of the Act.
The Marianas Covenant Negotiations, Arnold H. Liebowitz
The Marianas Covenant Negotiations, Arnold H. Liebowitz
Fordham International Law Journal
In September 1969, the United States and the Congress of Micronesia's Joint Committee on Future Status began their negotiations. This article will examine the negotiations which commenced in December 1972 and will concentrate on the three areas which were central points of discussion: the political relationships between the United States and the Northern Marianas; issues of economic development and assistance; and problems of land policy.
The Iranian Hostage Agreements: A Legal Analysis , Gerald T. Mclaughlin, Ludwik A. Teklaff
The Iranian Hostage Agreements: A Legal Analysis , Gerald T. Mclaughlin, Ludwik A. Teklaff
Fordham International Law Journal
The analysis contained in this article is divided into four parts. Part I will analyze the validity of the agreements under the law of treaties. Part II will discuss the power of the President to conclude these agreements. Part III will explore the various constitutional problems raised by requiring American claimants to seek binding third-party arbitration in the International Arbitral Tribunal and by banning the prosecution of claims against Iran hostages. Part IV will discuss the constitutional issues raised by freezing the assets of the estate of the Shah and his family.
The Reinstated Steel Trigger Price Mechanism: Reinforced Barrier To Import Competition, Garry P. Mccormack
The Reinstated Steel Trigger Price Mechanism: Reinforced Barrier To Import Competition, Garry P. Mccormack
Fordham International Law Journal
Early in 1978 the Carter Administration implemented a trigger price mechanism (TPM) to aid the distressed United States steel industry. Although the TPM by its terms is a monitoring system, the controversy it has aroused suggests that its actual function extends far beyond mere monitoring of steel imports. Part I of this Comment will examine the TPM in the context of world steel trade to show how the original system actually functioned, and how the new version is likely to operate. Part II will explore the ways in which this import relief program is inconsistent with traditional United States trade …
Admiralty– The Package Doctrine Of Cogsa § 4(5)– Second Circuit Abandons The "Functional Economics" Test, Lisa Filloramo
Admiralty– The Package Doctrine Of Cogsa § 4(5)– Second Circuit Abandons The "Functional Economics" Test, Lisa Filloramo
Fordham International Law Journal
In Mitsui & Co. v. American Export Lines, Inc., the Court of Appeals for the Second Circuit rejected the "functional economics" test which it had developed in an earlier case as a standard for interpreting section 4(5) of the Carriage of Goods by Sea Act (COGSA). Part One of this Recent Development will discuss the historical development of the problem of carrier liability. Part Two will examine the case law as it has evolved in the Second Circuit since the late 1960's. Part Three will then analyze the Mitsui decision and the impact it has had on the law in …
Law: The Most Powerful Alternative To War, Theodore C. Sorensen
Law: The Most Powerful Alternative To War, Theodore C. Sorensen
Fordham International Law Journal
The single greatest enemy of law is war. I refer not merely to the history of foreign dictatorships where repression is tightened still further at a time of military conflict. No, I refer also, sad to say, to the painful experience of our own country. Legal tradition gave way to military pressure. But cannot law be employed as the single most powerful alternative to war? That is the supreme challenge to your generation of lawyers, if it is not already too late.
The Weakening Grip Of United States Cabotage Law, Robert W. Gruendel
The Weakening Grip Of United States Cabotage Law, Robert W. Gruendel
Fordham International Law Journal
Traditionally, the United States has aspired to the operation of its industries in a system of free enterprise. One of the oldest instances of government intervention in shipping - the cabotage law- was designed to preserve for domestic vessels all trade between domestic points. Recently, however, developments in maritime commerce have led United States courts to an examination of cabotage legislation. The result has noticeably limited the scope of United States coast-wise laws. Specifically, questions have arisen over: 1) the eligibility for coastwise trade of vessels which have been reconstructed from parts of two other ships, 2) the application of …
Income Taxation– Disposition Of Investment In United States Real Property– Enactment Of I.R.C. § 897, John D. Lyons
Income Taxation– Disposition Of Investment In United States Real Property– Enactment Of I.R.C. § 897, John D. Lyons
Fordham International Law Journal
The purpose of this Recent Development is to explain the effects of section 897 in terms of the problems it was designed to remedy. Part I will explore the methods that were used in the past by non-resident aliens and foreign corporations to avoid the payment of capital gains tax on the disposition of real property held in the United States. Part II will examine the newly implemented section 897 to determine how it will be applied and whether it is likely to achieve the goal of equal tax treatment for domestic and foreign investors on the disposition of United …
Letters Of Credit: Exploring The Boundaries Of Injunctions Against Honor, Stephen P. Mclaughlin
Letters Of Credit: Exploring The Boundaries Of Injunctions Against Honor, Stephen P. Mclaughlin
Fordham International Law Journal
Courts have been struggling to determine the proper grounds for the issuance of an "injunction against honor. The purpose of this Note is to analyze exactly which circumstances warrant an injunction against honor. Part I will discuss the origin and development of the relevant law in this area. Part II will analyze those situations in which courts have had to consider issuing injunctions due to active fraud in the underlying transaction. Part III will explore the issue of prospective fraud as a ground for enjoining honor which was raised in the recent Iranian letter of credit litigation.
Termination Of Treaties As A Political Question: The Role Of Congress After Goldwater V. Carter, Howard Konar
Termination Of Treaties As A Political Question: The Role Of Congress After Goldwater V. Carter, Howard Konar
Fordham International Law Journal
The purpose of this Comment is to illustrate a theory of political question jurisprudence which would have allowed the courts to rule that the issue of treaty termination presents a political question without creating unnecessary precedents for the expansion of executive power. Part I will briefly review four leading theories of the political question doctrine, focusing on the difference between exemption of a constitutional issue from judicial review and denial of relief within the context of judicial review. Based on this analysis, Part II will examine the plurality's approach in Goldwater, and explore two alternative approaches for categorizing the issue …
Compensation For "Victims" Of Diplomatic Immunity In The United States: A Claims Fund Proposal, R. Scott Garley
Compensation For "Victims" Of Diplomatic Immunity In The United States: A Claims Fund Proposal, R. Scott Garley
Fordham International Law Journal
This Note will briefly trace the development of diplomatic immunity law in the United States, including the changes adopted by the Vienna Convention, leading to the passage of the DRA in 1978. The discussion will then focus upon the DRA and point out a few of the areas in which the statute may fail to provide adequate protection for the rights of private citizens in the United States. As a means of curing the inadequacies of the present DRA, the feasibility of a claims fund designed to compensate the victims of the tortious and criminal acts of foreign diplomats in …
United States Nuclear Export Controls , Katherine D. Mcmanus, Harry R. Marshall, Jr.
United States Nuclear Export Controls , Katherine D. Mcmanus, Harry R. Marshall, Jr.
Fordham International Law Journal
This article will explore the U.S. nuclear export controls regime. It will initially discuss controls affecting the export of nuclear material, facilities, and specially designed components of nuclear facilities. This section will specifically consider export licensing procedures and requirements, agreements for nuclear cooperation, the specific export criteria for major nuclear cooperation, as well as the necessary policy determination. Then the Article will discuss the procedures and requirements for obtaining a license to export dual-use equipment, the authorization necessary for the export of nuclear technology and the subsequent arrangement process, which further aids in the implementation of U.S. non-proliferation policies.
Opec As A Legal Entity, Laurence Stoehr
Opec As A Legal Entity, Laurence Stoehr
Fordham International Law Journal
Evaluates the legal organization and past operations of OPEC in order to undersatnd it and anticipate in what direction this new economic power is headed.
Treaties– Mexican-American Treaty On The Execution Of Penal Sentences– Custody Of A Prisoner Under The Mexican-American Treaty Is Unlawful When Consent To The Transfer Is Coerced, David Vaida
Fordham International Law Journal
Looks at the arrest of Raymond Bayron Velez, Efran Morales Caban and Pedro Rosado and their relation to the Treaty between the United States of America and the United States Mexican States on the Execution of Penal Sentences (Treaty).
International Consortia: Definition, Purpose And The Consortium Agreement, Joseph Russell Milton
International Consortia: Definition, Purpose And The Consortium Agreement, Joseph Russell Milton
Fordham International Law Journal
This article explores what an international consortium is, offering a definition which establishes the consortium agreement asd the essence of consortium, explains the reasons for using a consortium in large projects and offers soe oractical advice in the formation of a consortium agreement.
The Blocked Chinese Assets– United States Claims Problem: The Lump-Sum Settlement Solution, Charlene M. Levie
The Blocked Chinese Assets– United States Claims Problem: The Lump-Sum Settlement Solution, Charlene M. Levie
Fordham International Law Journal
Reviews briefly the origins of the blocked assets-claims problem and discusses the authority for the original blocking controls and later claims adjudication. Also examines in detail the operative provisions of the claims-assets agreement as an intergovernmental accord embodying the final settlement of the United States claims and affecting the overall context of Sino-American political and economical relations.
Anti-Terrorism: The West German Approach, Kevin G. Horbatiuk
Anti-Terrorism: The West German Approach, Kevin G. Horbatiuk
Fordham International Law Journal
Focuses on the West German gorvernment's political response to terrorism specifically surveying the changes deemed to be necessary in the areas of law enforcement, substantive criminal law and criminal procedure. Also, it considers the reaction to these measures and compares the view of the West German government with that of various critics.
The Constitutional Rights Of Nonresident Aliens Prosecuted In The United States, Bruce Bryan
The Constitutional Rights Of Nonresident Aliens Prosecuted In The United States, Bruce Bryan
Fordham International Law Journal
Focuses on the protections afforded by the fourth and fifth amendments to aliens prosecuted in the United States for crimes they have committed abroad.
The Interpretation Of The Warsaw Convention In Wrongful Death Actions, Mark S. Flynn
The Interpretation Of The Warsaw Convention In Wrongful Death Actions, Mark S. Flynn
Fordham International Law Journal
Demonstrates that the Warsaw Convention, properly interpreted, creates a liability limitation which is legal and not contractual. The Convention's limits apply, by its terms, to any cause of action arising out of injury in international air transportation regardless of whether it is founded in contract or in tort or in any other manner.
Some Aspects Of Abuse Of Dominant Positions In European Community Antitrust Law, John Temple Lang
Some Aspects Of Abuse Of Dominant Positions In European Community Antitrust Law, John Temple Lang
Fordham International Law Journal
This article starts by looking at Article 86 of the ECC Treaty governing antitrust violations and the significance of "dominant position" in applying the Rule. The author then explains how in light of United Brands v. Commission, a Court of Justice of the European Communities Court, evidence of dominance may be classified in four categories. Next, the author explains the different types of abuses under Article 86. Finally, the author draws four conclusions. First, the contrast drawn by various authors between the EEC law, which prohibits abuse of a dominant position, and U.S. law, which forbids "monopolisation", is exaggerated and …
Unraveling The Gordian Knot: The United States Law Of International Extradition And The Political Offender Exception, Marcella Daly Malik
Unraveling The Gordian Knot: The United States Law Of International Extradition And The Political Offender Exception, Marcella Daly Malik
Fordham International Law Journal
A comprehensive summary offered to clarify the nature of this hybrid and the policy forces shaping it by tracing the main themes in the development of extradition law and practice in the United States and placing extradition into context with alternative means of dealing with internatinal crime.
New Rules For Edge Act Corporations Under The International Banking Act Of 1978, James T. Tynion Iii
New Rules For Edge Act Corporations Under The International Banking Act Of 1978, James T. Tynion Iii
Fordham International Law Journal
Discusses the intent behind and the provisions of the Edge Act as well as the application of the Act to American international banking practices for the past sixty years.
The Campeche Bay Blow Out: A Strict Liability Approach To Damages Resulting From Offshore Drilling Accidents, Kevin T. Hoffman
The Campeche Bay Blow Out: A Strict Liability Approach To Damages Resulting From Offshore Drilling Accidents, Kevin T. Hoffman
Fordham International Law Journal
Examines what avenues are open to establish a legal procedure to ensure compensation for parties injured as the result of accidents caused by offshore drilling rigs. Concludes that there is a need to impose strict liability standard on those parties engaged in offshore drilling for damages caused by such activities.
The Decline Of Democracy In The Philippines, Mark Tobak
The Decline Of Democracy In The Philippines, Mark Tobak
Fordham International Law Journal
No abstract provided.