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Articles 151 - 180 of 1477

Full-Text Articles in International Law

Obama's Nuclear Posture Review: An Ambitious Program For Nuclear Arms Control But A Retreat From The Objective Of Nuclear Disarmament, Charles J. Moxley Jr. Jan 2011

Obama's Nuclear Posture Review: An Ambitious Program For Nuclear Arms Control But A Retreat From The Objective Of Nuclear Disarmament, Charles J. Moxley Jr.

Fordham International Law Journal

President Barack Obama and US political and policy leaders across the political spectrum have in recent years spoken about the need to eliminate nuclear weapons because of the dangers they pose. In 1970, the United States agreed by Article VI of the Nuclear Non-Proliferation Treaty ("NPT") to negotiate nuclear disarmament in good faith. The International Court of Justice ("ICJ") in 1996 found that this is an obligation not just to begin but also to "bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control." International humanitarian law ("IHL") prohibits the use …

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A Home In The City: Women's Struggle To Secure Adequate Housing In Urban Tanzania, Katherine Hughes, Elisabeth Wickeri Jan 2011

A Home In The City: Women's Struggle To Secure Adequate Housing In Urban Tanzania, Katherine Hughes, Elisabeth Wickeri

Fordham International Law Journal

This Report presents the findings of this research effort. Part I sets out the history of Tanzania's informal settlements, including an overview of the evolution that led to the current housing crisis. Part I then reviews Tanzania's obligations under international and domestic law regarding the right to adequate housing and intersecting issues.Part II documents women's struggle to obtain adequate housing in urban Tanzania. This Part first identifies the multiple barriers women face in securing and retaining housing in Tanzanian cities, including discriminatory laws and practices, deeply entrenched patriarchal attitudes, and HIV/AIDS stigma and discrimination. Part II then explores how the …

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The International Legal Right To Individual Compensation In Nepal And The Transitional Justice Context, Matthew F. Putori Jan 2011

The International Legal Right To Individual Compensation In Nepal And The Transitional Justice Context, Matthew F. Putori

Fordham International Law Journal

Part I of this Note provides a brief political history of Nepal since the mid-eighteenth century; defines the concept of transitional justice; and explores the international law of remedy, reparations, and compensation. Part II focuses on the right to individual compensation in order to determine which human rights violations trigger a state's legal obligation to compensate victims, and then applies that right to the transitional justice context. Finally, Part III proposes the design of an individual compensation program in which Nepal, and other transitional states, can fulfill legal obligations while simultaneously working toward peace, democracy, and development.

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Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann Jan 2011

Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann

Fordham International Law Journal

Part I of this Essay traces the traditional divide between EU law and the law of international arbitration. This Essay then identifies two developments, both emanating from the EU-law side of the equation, that are in the process of altering this landscape. The first, discussed in Part II, is the prospective amendment on arbitration to the Brussels Regulation on Jurisdiction and Enforcement of Judgments; the second, discussed in Part III, is the transfer of exclusive competence over policy in the area of foreign direct investment, itself a developing arena of international arbitration, to the EU from the Member States. Because …

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Can The Enlarged European Union Continue To Be That United, Giorgio Maganza Jan 2011

Can The Enlarged European Union Continue To Be That United, Giorgio Maganza

Fordham International Law Journal

Although a tribute to Jean-Claude Piris could easily stretch through the whole spectrum of European Union law-which broadened in part thanks to his active contribution over the twenty-year term when he served as Legal Adviser to the Council of the European Union, the European Council, and several intergovernmental conferences for the reform of the treaties-it is appropriate to devote the following lines to the theme of institutional strengthening, which always attracted his consideration and thinking and to which he contributed some illuminating and forward-looking writings; and it is tempting to do so in the light of a specific feature that …

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Can Europe Be Democratic? Is It Feasible? It Is Necessary? Is The Present Situation Sustainable?, Yves Meny Jan 2011

Can Europe Be Democratic? Is It Feasible? It Is Necessary? Is The Present Situation Sustainable?, Yves Meny

Fordham International Law Journal

Democracy and democratization at the European level have long been a non-problem. The issues related to democracy after the Second World War were purely national (would Italy and Germany finally be able to build up and consolidate their new democratic systems?) or international (would the Western-type democracies be able to resist and counterweight the Soviet-style Eastern European regimes?). When the first foundations of what would become the European Union ("EU") were laid down, very few had a democratic vision in mind. The then-dominant concerns were both economic (how to facilitate the reconstruction of Europe while avoiding again the economic and …

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The Alien Tort Claims Act And Corporate Liability: A Threat To The United States' International Relations, Theresa (Maxi) Adamski Jan 2011

The Alien Tort Claims Act And Corporate Liability: A Threat To The United States' International Relations, Theresa (Maxi) Adamski

Fordham International Law Journal

This Note examines the newly-created circuit split between the Second Circuit and the Ninth, and Eleventh Circuits regarding corporate liability. Part I introduces the ATCA, chronicling its transformation from a short provision in the Judiciary Act of 1789 to the weapon of choice employed against international corporations for alleged human rights violations. Part II focuses on the newly-created circuit split, identifying important case law and the current standing of ATCA human rights corporate liability in all three circuits. Emphasis is placed upon the international implications of and reactions to these decisions. Finally, Part III concentrates on the international implications of …

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The International Criminal Court's Ineffective Enforcement Mechanisms: The Indictment Of President Omar Al Bashir, Gwen P. Barnes Jan 2011

The International Criminal Court's Ineffective Enforcement Mechanisms: The Indictment Of President Omar Al Bashir, Gwen P. Barnes

Fordham International Law Journal

Part I introduces the Rome Statute and highlights the portions of the Rome Statute that leave the ICC vulnerable to member states that violate the Rome Statute without any clear punishment for the violation. In particular, Part I focuses on the expansive jurisdiction and the limited enforcement mechanisms that the Rome Statute bestows upon the ICC. Part II illustrates the ICC's vulnerability under the Rome Statute by using the example of the ICC's indictment of President Al Bashir and examining the existing tension between the ICC and the African Union ("AU"). Part III argues that the ICC must strengthen or …

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Peacekeepers: Will They Advance Any Prospective Arab-Israeli Peace Agreement?, Justus Reid Weiner, Avinoam Sharon, Michelle Morrison Jan 2011

Peacekeepers: Will They Advance Any Prospective Arab-Israeli Peace Agreement?, Justus Reid Weiner, Avinoam Sharon, Michelle Morrison

Fordham International Law Journal

The establishment of a peacekeeping force is widely accepted to be an essential part of any future Israeli-Palestinian peace accord. The final status settlement proposed by the Clinton Administration specified "[s]security arrangements that would be built around an international presence." However, while the need for a peacekeeping force appears to enjoy broad support, it should be noted that the "Road Map" proposed by the European Union, Russia, the United Nations, and the United States (together "the Quartet") in 2003 does not suggest the inclusion of peacekeeping forces, although it does envisage a monitoring mechanism for its interim phases. The authors …

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Casting A Cold Eye On The Origins And Development Of An All-Island Charter Of Rights, Suzanne Egan, Rachel Murray Jan 2011

Casting A Cold Eye On The Origins And Development Of An All-Island Charter Of Rights, Suzanne Egan, Rachel Murray

Fordham International Law Journal

One of the most striking outcomes of the Good Friday/Belfast Agreement ("Agreement") was the extent to which the establishment of human rights institutions and mechanisms was brought center-stage into the shaping of the political settlement. The dynamic talks process that led to the signing of the Agreement resulted in an extensive range of obligations in regard to human rights on the part of the Irish and British governments, many of which were implemented very soon afterwards. Paragraph 10 of the "Rights, Safeguards and Equality of Opportunity" section of the Agreement makes mention of a trans-jurisdictional human rights initiative that would …

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In Honor Of Roger J. Goebel, Joseph C. Sweeney Jan 2011

In Honor Of Roger J. Goebel, Joseph C. Sweeney

Fordham International Law Journal

International Law Journal are proud to dedicate the second issue of the Journal’s thirty-fourth volume to one of the school’s most distinguished and productive teachers and scholars, Roger J. Goebel, the Alpin J. Cameron Professor of Law and Director of the Center on European Union Law, on the occasion of his seventy-fifth birthday. A native of Indianapolis, Professor Goebel received his undergraduate education at Manhattan College, where he was awarded an A.B. degree in June 1957. (It is significant to note that on March 25, 1957 the Treaty of Rome was concluded, establishing the European Common Market and that it …

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Characterizing Us Operations In Pakistan: Is The United States Engaged In An Armed Conflict?, Laurie R. Blank, Benjamin R. Farley Jan 2011

Characterizing Us Operations In Pakistan: Is The United States Engaged In An Armed Conflict?, Laurie R. Blank, Benjamin R. Farley

Fordham International Law Journal

On January 14, 2010, four Hellfire missiles fired from an unmanned aerial vehicle (“drone”) slammed into a compound in Pakistan’s South Waziristan region, killing ten people. Hakimullah Mehsud, leader of Tehrik-e-Taliban Pakistan (“TTP”), was the reported target of the strike. Already the eighth US drone attack in Pakistan in 2010, these strikes followed two consecutive years of dramatically increased drone activity within Pakistan. Despite a high degree of media and scholarly interest in the United States’ use of drones in Pakistan, little attention has focused on whether the United States is engaged in an armed conflict in Pakistan, as defined …

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Pirates And Impunity: Is The Threat Of Asylum Claims A Reason To Allow Pirates To Escape Justice, Yvonne M. Dutton Jan 2011

Pirates And Impunity: Is The Threat Of Asylum Claims A Reason To Allow Pirates To Escape Justice, Yvonne M. Dutton

Fordham International Law Journal

Pirates are literally getting away with murder. Modern pirates are attacking vessels, hijacking ships at gunpoint, taking hostages, and injuring and killing crew members.1 They are doing so with increasing frequency. According to the International Maritime Bureau (“IMB”) Piracy Reporting Center’s 2009 Annual Report, there were 406 pirate attacks in 2009—a number that has not been reached since 2003. Yet, in most instances, a culture of impunity reigns whereby nations are not holding pirates accountable for the violent crimes they commit. Only a small portion of those people committing piracy are actually captured and brought to trial, as opposed to …

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Formalization Of Plea Bargaining In Germany: Will The New Legislation Be Able To Square The Circle?, Regina E. Rauxloh Jan 2011

Formalization Of Plea Bargaining In Germany: Will The New Legislation Be Able To Square The Circle?, Regina E. Rauxloh

Fordham International Law Journal

In German criminal trials, the common law instrument of the guilty plea is unknown. Consequently, one cannot speak of plea bargaining in the strict sense. Nevertheless, informal negotiations, which center on the exchange of a confession for a sentence concession, play an increasing role in the German criminal process. It is claimed that in today’s Germany “the criminal procedure cannot be imagined without the phenomenon of informal agreements.” After years of academic debate and developing case law on informal agreements, the German Federal Parliament (Deutscher Bundestag) has now passed new legislation that regulates agreements and makes them part of the …

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Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff Jan 2011

Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff

Fordham International Law Journal

This Essay will explore the issues and concerns from both the defendant and plaintiff angle, and from the micro to the macro level. Above all, it hopes to suggest ways in which the EU systems might be improved to increase fairness and access to justice for both sides. The first three Parts of this Essay consider the issues from the point of view of defendants in cartel investigations. Part I looks at concerns regarding the procedural detail of the investigative process, and in particular the increasing impact of human rights arguments. Part II steps back to focus on more over-arching …

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Accountability In International Project Finance: The Equator Principles And The Creation Of Third-Party-Beneficiary Status For Project-Affected Communities, Marissa Marco Jan 2011

Accountability In International Project Finance: The Equator Principles And The Creation Of Third-Party-Beneficiary Status For Project-Affected Communities, Marissa Marco

Fordham International Law Journal

The creation of a third-party-beneficiary interest is a method to police the actions of entities doing business abroad. This Note discusses the viability of gleaning from the Principles a third-party-beneficiary right for project-affected communities to ensure compliance with the Industry's social and environmental standards. Part I defines project finance, discusses the emergence of social and environmental standards, such as the Principles, and describes the requirements of each of the ten individual Principles. Part II provides real world examples of the lack of effectiveness of the Principles in practice and explains some of the forces contributing to this practical failure. Part …

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After Guantánamo: Legal Rights Of Foreign Detainees Held In The United States In The "War On Terror", Ashley C. Pope Jan 2011

After Guantánamo: Legal Rights Of Foreign Detainees Held In The United States In The "War On Terror", Ashley C. Pope

Fordham International Law Journal

Part I of this Note explores the background of both the Guantánamo detainee problem-i.e., what rights a foreign national detained at Guantánamo has-and the domestic detainee problem-i.e., what rights a foreign national detained on US soil has-that the United States may soon be facing, as well as the development of the law that has left open these legal ambiguities. Part I also discusses the applicability of international law on the issue. Part II presents the current conflict over the rights foreign detainees should have and the legality of detention on US soil, discusses the applicability of international law within the …

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Nonproliferation Verification And The Nuclear Test Ban Treaty, Jenifer Mackby Jan 2011

Nonproliferation Verification And The Nuclear Test Ban Treaty, Jenifer Mackby

Fordham International Law Journal

President Obama's administration has ushered in a banner period for nuclear issues, and the Comprehensive Nuclear Test-Ban Treaty ("CTBT") has figured prominently among them. In his benchmark April 2009 speech in Prague calling for the elimination of nuclear weapons, President Obama added that his administration would "immediately and aggressively" pursue US ratification of the treaty. In September, President Obama presided over the United Nations ("UN") Security Council summit meeting that adopted Resolution 1887, which "enshrines our shared commitment to the goal of a world without nuclear weapons" and also calls on states to "refrain from conducting a nuclear test explosion …

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Taking The Law Seriously: The Imperative Need For A Nuclear Weapons Convention, Peter Weiss Jan 2011

Taking The Law Seriously: The Imperative Need For A Nuclear Weapons Convention, Peter Weiss

Fordham International Law Journal

Jonathan Swift famously said, "Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through." Swift was no doubt referring to the propensity of the law to shrink from prosecuting the lords of the realm, while going vigorously after smaller fry. But his aphorism applies equally to issues: the more portentous the issue, the less likely it is to yield to legal restraints. This is evidenced by such lawless pronouncements as "international law is not a suicide pact" or, more recently, "I believe that all nations-strong and weak alike-must adhere to standards that govern the …

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Land Is Life, Land Is Power": Landlessness, Exclusion, And Deprivation In Nepal, Elisabeth Wickeri Jan 2011

Land Is Life, Land Is Power": Landlessness, Exclusion, And Deprivation In Nepal, Elisabeth Wickeri

Fordham International Law Journal

This Report presents the findings of this research effort. A comprehensive consideration of the many aspects of land ownership in Nepal, including the related issues of agricultural development, the impact of nonstate actors in newly-formed special economic zones, and the claims of landlords returning to land seized during the Maoist conflict is beyond the scope of this project. The Report and study focused on documenting the impact that inadequate access to land has on the human rights of landless people, including rights to housing, food, water, work, and access to justice. The Report consists of four parts. Part I provides …

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Mediation To Resolve The Bedouin-Israeli Government Dispute For The Negev Desert, Sarah S. Matari Jan 2011

Mediation To Resolve The Bedouin-Israeli Government Dispute For The Negev Desert, Sarah S. Matari

Fordham International Law Journal

In Part I, this Note elaborates on the rights that indigenous persons have to ancestral land and the sources of international law that support those rights. Part I also discusses the alternative dispute resolution process of mediation and the customary discouragement of mediation between parties with a power imbalance. Part II explores whether the Negev Bedouins and Israeli government should pursue mediation to resolve their land dispute and generally addresses techniques used to monitor mediation sessions between parties with a power imbalance. Part III explores why mediation is better suited to resolve the Israeli government-Negev Bedouin land dispute than is …

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Introduction: A Tribute To Jean-Claude Piris, Director-General Of The Legal Service Of The Council Of The European Union, Roger J. Goebel Jan 2011

Introduction: A Tribute To Jean-Claude Piris, Director-General Of The Legal Service Of The Council Of The European Union, Roger J. Goebel

Fordham International Law Journal

On the occasion of his retirement, the Fordham International Law Journal is dedicating this issue on topics concerning European Union law to Jean-Claude Piris, who brilliantly served as Director-General of the Legal Service of the Council for the last twenty-three years. The Legal Service, currently composed of around 120 lawyers, not only provides legal advice to the Council itself and all of its supporting committees and staff, but also reviews all draft legislation and other legal acts of the European Union and represents the Council in proceedings before the Court of Justice of the European Union.

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The Treaty Of Lisbon: A Story In History Or The Making Of A Treaty, Therese Blanchet Jan 2011

The Treaty Of Lisbon: A Story In History Or The Making Of A Treaty, Therese Blanchet

Fordham International Law Journal

And like all stories there are of course the main characters, the public heroes, and, around them, those who help them find a happy ending. The story in this Essay is written in honor of one of the characters who played a key role in achieving the Treaty of Lisbon: Jean-Claude Piris, who was for more than twenty two years, Director General of the Legal Service of the Council of the EU. But to understand this story, to understand the reasons behind it, one should know its roots.

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The European Union And The Treaty Of Lisbon, Roger J. Goebel Jan 2011

The European Union And The Treaty Of Lisbon, Roger J. Goebel

Fordham International Law Journal

With this cursory description of the European Council prior to the Treaty of Lisbon, this Essay turns to the major changes produced by that treaty. Space considerations require a limited focus. Part I discusses the impact of the European Council's new status as one of the institutions of the European Union ("EU"). Part II considers its designated power to take by qualified majority vote many important legally-binding decisions. Part III reviews two of its major roles: deciding when the Treaties should be amended and setting the procedure for amendment, and determining the timing and terms of accession of candidate nations. …

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Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte Jan 2011

Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte

Fordham International Law Journal

This Essay seeks to expose the complexity of the relationship between the United Kingdom (and Ireland, but the main focus will be the UK) and the European Union that resulted from the concessions made to the UK when the treaties of Amsterdam and Lisbon were negotiated: a right not to participate in the adoption and application of EU legislative measures in the field of Justice and Home Affairs ("JHA"), and the right to decide on a case-by-case basis to opt into such measures, following procedures reminiscent of the sophisticated rules of cricket. These concessions were made to allow the UK …

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J.Mc.B V. L.E.: The Intersection Of European Union Law And Private International Law In Intra-European Union Child Abduction, Claire Dekar Jan 2011

J.Mc.B V. L.E.: The Intersection Of European Union Law And Private International Law In Intra-European Union Child Abduction, Claire Dekar

Fordham International Law Journal

The certified question and the legal impact of the Court of Justice's preliminary ruling on that question are the subject of this Comment. Part I explains the relevant provisions of the Hague Abduction Convention, Brussels II bis, and the implicated European human rights laws, and discusses the case in chief before the Irish High and Supreme Courts. Part II examines the Court of Justice's opinion on the certified question. Finally, Part III analyzes the impact of the opinion on J.McB. and his family, Brussels II bis and its interpretation, and the jurisprudence the Court of Justice regarding the protection of …

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The Compliance With The Law Requirement In International Investment Law, Rahim Moloo, Alex Khachaturian Jan 2011

The Compliance With The Law Requirement In International Investment Law, Rahim Moloo, Alex Khachaturian

Fordham International Law Journal

Part I of this Article considers the effects of a treaty expressly covering only those investments that are made in accordance with host state law. In such cases, the legality of the investment, with respect to the host state law, is shown to be a jurisdictional prerequisite. Part II discusses the presence of an implicit obligation that an investment must accord with host state and international legal principles in order for the claims related to that investment to be admissible. Part II also attempts to clarify some confusion among recent cases as to the nature of this obligation. Part III …

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Protecting Non-Us Citizens From Removal Terminating Hiv/Aids Treatment, Valerie K. Mitchell Jan 2011

Protecting Non-Us Citizens From Removal Terminating Hiv/Aids Treatment, Valerie K. Mitchell

Fordham International Law Journal

Part I of this Note introduces the problem of removal of non-US citizens with HIV/AIDS in the United States to countries where treatment is unavailable, and discusses case law in which the European Court of Human Rights and the Inter-American Commission on Human Rights have recognized a protection from removal that would terminate HIV/AIDS treatment. Part II examines the US domestic legal protections potentially available to non-US citizens in the United States whose removal will terminate their HIV/AIDS treatment, as well as the application of each of these legal protections to those with HIV/AIDS contesting deportation to countries lacking adequate …

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Stateless Roma In The European Union: Reconciling The Doctrine Of Sovereignty Concerning Nationality Laws With International Agreements To Reduce And Avoid Statelessness, Jessica Parra Jan 2011

Stateless Roma In The European Union: Reconciling The Doctrine Of Sovereignty Concerning Nationality Laws With International Agreements To Reduce And Avoid Statelessness, Jessica Parra

Fordham International Law Journal

Part I of this Note discusses the historical and legal background of Roma in the EU, as well as the nature of the EU legislation and international agreements that comprise the legal substance of Roma statelessness. Part II examines the doctrine of Member State sovereignty concerning nationality laws and the viewpoint, shared by many scholars and politicians, that this sovereignty is eroding and the Court of Justice of the European Union ("Court of Justice") should continue to limit it. Part II also discusses several solutions to the problem of Roma statelessness in the EU in light of the erosion of …

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Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher D. Totten Jan 2011

Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher D. Totten

Fordham International Law Journal

A concept of immunity for foreign heads of state has existed since ancient times. Such immunity constitutes customary international law (“CIL”) and, when applicable, frees such individuals from the criminal jurisdiction of foreign nations while carrying out their duties. In the United States, executive branch guidance is considered determinative on the issue of foreign head-of-state immunity; however, the executive branch does not always provide suggestions of immunity, or it may provide suggestions that violate CIL. Drawing upon both US and against foreign sitting and former heads of state and government officials increasingly are becoming more established and ma provide additional …

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