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Full-Text Articles in International Law
Land Acquisition In Developing Countries, Allan J. Berlowitz
Land Acquisition In Developing Countries, Allan J. Berlowitz
Fordham International Law Journal
The book's introduction reveals a startling premise that will potentially affect all counties, not just those in the Third World: by the year 2000, almost sixty urban centers will have populations in excess of five million, and almost fifty of those urban centers will lie in developing countries. The essential structure of Mr. Kitay's book consists of passages of explanation and analysis, with examples and observations concerning land acquisition in developing countries. The explanation and analysis portion begins with a discussion of the threshold issue of whether the private sector or government should be primarily responsible for land policy formulation, …
Market Definitions Relevant In Determining Illegal Foreclosure Effects In Export Trade, Elayne K. Robertson
Market Definitions Relevant In Determining Illegal Foreclosure Effects In Export Trade, Elayne K. Robertson
Fordham International Law Journal
This Note will analyze the market definitions relevant in determining illegal foreclosure effects in export trade. Part I will discuss the Export Trading Company Act of 1982 (the ETCA). Part II will analyze potential illegal foreclosure effects in United States export trade practices. Part III will discuss the product and geographic market definitions relevant to a determination of illegal foreclosure effects. This Note proposes a two step process for evaluating foreclosure in export markets. First, determine if there is or will be a negative effect on United States consumers if competitors’ export opportunities are limited. Second, the market should then …
Mcgovern, International Trade Regulation, William J. Davey
Mcgovern, International Trade Regulation, William J. Davey
Fordham International Law Journal
International Trade Regulation is a work with many strengths and few weaknesses. One could nitpick about certain aspects of its organization, but basically the organization is sufficiently logical overall that the book could be read cover to cover and be a coherent introduction to the subject of international trade regulation for a novice in the field. At the same time, within each section, the exposition of the basic international rules, followed by a discussion of the related United States and EEC rules, works well.
Carl, Economic Integration Among Developing Nations: Law And Policy, Richard A. Givens
Carl, Economic Integration Among Developing Nations: Law And Policy, Richard A. Givens
Fordham International Law Journal
It is this integration—the reduction in trade barriers between countries—that is explored in Beverly May Carl’s Economic Integration Among Developing Nations: Law and Policy. Professor Carl focuses on regional common market associations of developing nations, their benefits as well as their difficulties, and their utility as a means of reducing trade barriers and dependence on imports by member nations from industrialized nations. Integration thus can be a tool for development, as the Commerce Clause of the Federal Constitution was for the nascent United States of America and still is today.
Remarks On Advocacy Before The United States Court Of International Trade, Jane A. Restani
Remarks On Advocacy Before The United States Court Of International Trade, Jane A. Restani
Fordham International Law Journal
There seems to be a prevailing assumption that advocacy before the United States Court of International Trade (CIT or the court) somehow differs from advocacy in general. I suggest that to a large degree it does not. Despite the similarities to practice in other courts, there are a few matters worth noting about practice in a court that is designed to interpret a few statutes in a uniform manner, especially statutes that are intended to be comprehensive. Now that I have stated the general rules, I would like to mention a few somewhat more philosophical considerations and exceptions.
United States Import Relief Laws: Current Developments In Law And Policy, A. Paul Victor, Michelle S. Benjamin
United States Import Relief Laws: Current Developments In Law And Policy, A. Paul Victor, Michelle S. Benjamin
Fordham International Law Journal
Expansion of the availability of judicial review of agency actions has had a marked effect on the nature of trade proceedings, particularly in the antidumping and countervailing duty areas. Since the emergence of the Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC or Federal Circuit), a number of major substantive decisions involving the antidumping and countervailing duty laws, as well as a few other import relief laws, have been issued. The following discussion highlights CIT and CAFC accomplishments in these areas.
The Gatt And Services: Quill And Ink In An Age Of Word Processors, Robert N.H. Christmas
The Gatt And Services: Quill And Ink In An Age Of Word Processors, Robert N.H. Christmas
Fordham International Law Journal
This Note argues that because a significant portion of services are traded electronically, for example, via cable and satellite, any new agreement must encompass electronically-delivered services. Part I of this Note discusses the dispute in the international community over extending the GATT to cover services. Part II examines the problems posed by modern technology related to the inclusion of services in any multi-lateral agreement. Part III analyzes the inadequacy of existing and proposed GATT frameworks for dealing with the problems posed by electronically-delivered services. This Note concludes that while the existing and proposed GATT frameworks may provide a structure for …
Grey Market Goods And Modern International Commerce: A Question Of Free Trade, Richard A. Fogel
Grey Market Goods And Modern International Commerce: A Question Of Free Trade, Richard A. Fogel
Fordham International Law Journal
This Note argues that the importance of trademark laws to the resolution of the grey goods controversy is outweighed by the overriding public policy considerations of international free trade. Part I discusses the background of the grey goods controversy by examining the history of the controlling statutory and case law and the recent grey goods cases. Part II demonstrates that trademark owners are not significantly injured by the availability of grey goods, but actually gain windfall profits if there is an absolute bar on grey goods. Part III argues that preventing importation of grey goods injures international free trade. This …
Maxeiner, Policy And Methods In German And American Antitrust Law: A Comparative Study, W. David Braun
Maxeiner, Policy And Methods In German And American Antitrust Law: A Comparative Study, W. David Braun
Fordham International Law Journal
This thoughtful contribution to American and German legal literature provides valuable insights for a reader interested in comparing the decisionmaking methodology under the West German and American systems of antitrust law. The work also provides a broader discussion of key distinctions between the jurisprudential and systematic foundations of West Germany’s continental legal system and those of the Anglo-American common law system.
Competition Between National Economies And Competition Between Businesses--A Response To Judge Pescatore, Giuliano Marenco
Competition Between National Economies And Competition Between Businesses--A Response To Judge Pescatore, Giuliano Marenco
Fordham International Law Journal
This Article challenges the validity of Judge Pescatore’s theory [that Member States of the ECC are prevented by Community law from intervening in the marketplace by legislation].
European Community Competition Law- A Rejoinder By Judge Pescatore, Judge Pescatore
European Community Competition Law- A Rejoinder By Judge Pescatore, Judge Pescatore
Fordham International Law Journal
This article contests the contention by Dr. Marenco that Judge Pescatore asserts a theory that Member States of the EED are prevented by Community law from intervening in the marketplace by legislation. Rather, Judge Pescatore explains how his article envisaged acts of legislation by which Member States specifically intervene in the normal play of competition. He goes on to say that Dr. Marenco is battling an imaginary theory of his own making and not against what he actually wrote.
The New Standard For Admissibility In European Community State Aids Actions After Cofaz, Peter J. Allen
The New Standard For Admissibility In European Community State Aids Actions After Cofaz, Peter J. Allen
Fordham International Law Journal
Part I of this Comment analyzes Community State aid policy and the standing issues facing individuals who seek judicial review of Community measures regarding State aids. Part II examines the rationale of the Court in rendering the COFAZ judgment. Part III explores the practical effect of COFAZ on individuals challenging State aids decisions and on Community State aids policy.
World Litigation Law And Practice, Peter E. Herzog
World Litigation Law And Practice, Peter E. Herzog
Fordham International Law Journal
This review states that the two volumes, "World Litigation law and Practice" and Unit B "Europe" are an up-to-date publication and thus a welcomed event. It goes on to explain how the two studies attempt to provide not only details as to the civil procedure of the country concerned, but also information concerning the general institutional background in which civil litigation takes place. After the review explains how the volumes should facilitate broad-based comparative procedural research, it offers a few suggestions for its continuance.
Serving Subpoenas Abroad Pursuant To The Futures Trading Act Of 1986, Peter G. Mcgonagle
Serving Subpoenas Abroad Pursuant To The Futures Trading Act Of 1986, Peter G. Mcgonagle
Fordham International Law Journal
Part I examines the 1986 amendment's legislative history and explains how the new subpoena powers will operate. Part II analyzes the new subpoena powers with respect to current standards of extraterritorial discovery under international law. Finally, Part III proposes an appropriate approach to serving CFTC subpoenas abroad which will promote their enforceability while not affronting the sovereignty of foreign nations.
Libel Law And The Canadian Charter Of Rights And Freedoms: Towards A Broader Protection For Media Defendants, Amy R. Stein
Libel Law And The Canadian Charter Of Rights And Freedoms: Towards A Broader Protection For Media Defendants, Amy R. Stein
Fordham International Law Journal
This Note argues that Canada should recognize a privilege for media defendants similar to the United States actual malice standard in order to guarantee fully the freedom of the press set forth in the new Charter of Rights and Freedoms. Part I examines the recently adopted Charter, and the similarity between its free press provision and the first amendment of the United States Constitution. Part II demonstrates how current Canadian libel law curtails freedom of the press by burdening media defendants. Part III argues that the United States constitutional privilege better protects freedom of the press as guaranteed in the …
The Commercial Space Launch Act: America's Response To The Moon Treaty?, Anthony R. Filiato
The Commercial Space Launch Act: America's Response To The Moon Treaty?, Anthony R. Filiato
Fordham International Law Journal
This note argues that the United States policy, as exhibited by the Launch Act, and the intent of the Moon Treaty are not mutually exclusive. Part I of this Note examines the history of the Moon Treaty. Part II examines the current United States policy regarding private enterprise in outer space in light of the passage of the Launch Act. Part III then argues that private enterprise may legally operate in space under the Moon Treaty and the United States policy of encouraging private space development that would not be adversely affected if the United States signs the Moon Treaty. …
Recent Canadian Blocking Legislation: A Vehicle To Foster Extraterritorial Discovery Cooperation Between The United States And Canada?, Catherine Botticelli
Recent Canadian Blocking Legislation: A Vehicle To Foster Extraterritorial Discovery Cooperation Between The United States And Canada?, Catherine Botticelli
Fordham International Law Journal
This Note argues that the adoption of FEMA should signal to the United States that there is a need for a formalized agreement with Canada to minimize future discovery conflicts in civil litigation. Part I analyzes the trend in the United States federal courts towards enforcement of extraterritorial discovery orders. Part II discusses the ineffectiveness of pre-existing Canadian blocking statutes in limiting United States discovery. Part III examines the underlying purposes of FEMA's enactment and argues that now is an appropriate time for the United States to enter into a civil discovery treaty with Canada.
Civil Penalty Proceedings Under Section 592 Of The Tariff Act Of 1930, Kevin C. Kennedy
Civil Penalty Proceedings Under Section 592 Of The Tariff Act Of 1930, Kevin C. Kennedy
Fordham International Law Journal
This Article canvasses the experience of importers under revised section 592 over the past eight years as reflected in judicial proceedings in the federal courts, particularly the United States Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC or Federal Circuit). Part I of this Article presents an overview of section 592, both its predecessor and the 1978 revisions enacted by Congress. Part II analyzes section 592 subsection by subsection, with a special focus on the case law under revised section 592. Finally, Part III concludes that although the 1978 legislative revisions of section …
Importation Of Out-Of-Print Works Under The Copyright Act Of 1976, Paul D. Getzels
Importation Of Out-Of-Print Works Under The Copyright Act Of 1976, Paul D. Getzels
Fordham International Law Journal
This note argues that the Copyright Act should be changed to permit compensated importation where the underlying work is out of print in the United States. Part I discusses the relevant sections of the Copyright Act and their interpretation by the courts. Part II demonstrates that compensated importation should be allowed when a work is out of print in the United States. Part III proposes a solution into eh form of a compulsory license for out-of-print imports where the work has been out of print in the United States for a certain length of time. This note concludes that the …
Public And Private Aspects Of European Community Competition Law, Pierre Pescatore
Public And Private Aspects Of European Community Competition Law, Pierre Pescatore
Fordham International Law Journal
This Article first presents a short sketch of the competition rules of the EEC Treaty with a view towards showing not only the cohesive factors but also the asymmetries that characterize the Treaty system. In some respects, the case law of the Court of Justice (Court) has remedied those asymmetries; in others it has exacerbated the existing disparities and thereby weakened the present competition rules. This Article then postulates that the Community needs a complete system of competition rules, that is to say, a unified system that facilitates control of the activities not only of private operators but also of …
The Right To Be Heard In Rule Making Proceedings In England And In Israel: Judicial Policy Reconsidered, Baruch Bracha
The Right To Be Heard In Rule Making Proceedings In England And In Israel: Judicial Policy Reconsidered, Baruch Bracha
Fordham International Law Journal
The purpose of this Article is to contribute to formulating a judicial policy that balances justice and fairness towards persons affected by the regulations, on the one hand, and administrative efficiency, on the other.
United States, Common Market And International Antitrust: A Comparative Guide, Joel Davidow
United States, Common Market And International Antitrust: A Comparative Guide, Joel Davidow
Fordham International Law Journal
Volumes I and II of the Hawk treatise differ significantly. The second volume treats the entire field of European Communities antitrust law, whereas the first volume deals only with the international application of U.S. antitrust law.
Confidentiality In Icsid Arbitration After Amco Asia Corp. V. Indonesia: Watchword Or White Elephant, Benjamin H. Tahyar
Confidentiality In Icsid Arbitration After Amco Asia Corp. V. Indonesia: Watchword Or White Elephant, Benjamin H. Tahyar
Fordham International Law Journal
Part I of this Note will discuss the manner in which ICSID arbitration acts as a contractual substitute for litigation before national courts. Part II will review the decision of the ICSID tribunal in Amco Asia Corp. In Part III, the Note will examine the confidentiality requirement imposed by the ICSID Convention and the Arbitration Rules, and will discuss the arguments for and against keeping arbitral proceedings secret. In light of this examination and discussion, the Note will argue that the ICSID tribunal correctly denied injunctive relief to Indonesia, although the denial may be inconsistent with the spirit of confidentiality …
Freedom Of Information Versus National Sovereignty: The Need For A New Global Forum For The Resolution Of Transborder Date Flow Problems, Lisa J. Damon
Fordham International Law Journal
This Note argues that the issues raised by transborder data flow restrictions must be dealt with on a global scale, not on a national basis. Part I of this Note discusses the international legal principles underlying the concept of freedom of information and the legal difficulties presented by the imposition of transborder data flow restrictions. Part II analyzes the perception among developing nations that sovereign rights are threatened by an unrestricted flow of information and discusses the measures developing nations are implementing to control this perceived threat. Part III analyzes several approaches suggested for dealing with the problems of transborder …
Continuing Conflict Between United States And English Admiralty Law On Limitation Of Liability: Whose Privity Binds The Corporate Shipowner, Richard J. Violino
Continuing Conflict Between United States And English Admiralty Law On Limitation Of Liability: Whose Privity Binds The Corporate Shipowner, Richard J. Violino
Fordham International Law Journal
Part I of this Note examines the difference in respective emphasis placed by United States and English admiralty law upon responsibility of a corporate employee and the employee’s position in the corporate hierarchy in determining the employer’s right to limit liability. Part II analyzes the extent to which shipowners in England and the United States are allowed to delegate their responsibilities in ensuring the seaworthiness of their vessels. Part III of this Note argues that under English admiralty law, limitation of liability is granted where none is warranted. This Note concludes by recommending the United States standard for finding privity.
The Single European Act: Attempt At An Appraisal, Hans-Joachim Glaesner
The Single European Act: Attempt At An Appraisal, Hans-Joachim Glaesner
Fordham International Law Journal
This Article analyzes whether the Act [the Single European Act] will aid European unification. Part I argues that a realistic and balanced assessment of its results is possible through a comparison of the final outcome of its negotiations with the Act’s original objectives, in light of the political realities of the Community. Part II briefly chronicles the recent history of European political operation. Part III discusses the effect of the Act on the power of the Community over the Member States. Part IV analyzes the decision making processes provided for by the Act.
Practical Considerations Regarding The Preliminary Ruling Procedure Under Article 177 Of The Eec Treaty, Manfred A. Dauses
Practical Considerations Regarding The Preliminary Ruling Procedure Under Article 177 Of The Eec Treaty, Manfred A. Dauses
Fordham International Law Journal
Part I of this Article considers the role played by the preliminary ruling procedure in the context of the Community legal system as a whole. Part II discusses the types of questions that may be appropriately referred to the Court for preliminary ruling. Part III examines the various tribunals and courts that may make a reference to the Court of Justice. Part IV analyzes the tension in the relationship between the Court and the national courts of the Member States. Finally, Part V considers the legal effects of preliminary rulings.
Antitrust And Trade Policy In The United States And The European Community, David G. Gill
Antitrust And Trade Policy In The United States And The European Community, David G. Gill
Fordham International Law Journal
This review states that this volume presents the contributions of four specialists in the field and goes on to state how the volume is divided almost equally between the analysis of United States law and decisions and of the application of anti-trust principles within the European Community.
Deemed Liquidation: Whose Rate Is This Anyway, Lawrence M. Segan
Deemed Liquidation: Whose Rate Is This Anyway, Lawrence M. Segan
Fordham International Law Journal
This Note argues that there are many reasons to believe that Congress did intend section 504 to operate as a penalty on Customs for failure to liquidate in a timely manner. Part I discusses the process by which imports are liquidated and how section 504 has been implemented. Part II examines how the CIT has interpreted the statute. Part III argues that the practice of Customs and the CIT's interpretation conflict with the congressional intent behind section 504. Finally, this Note concludes that in order to conform to Congress' intent, the importer's asserted rate should be given effect in deemed …
Securing A Lawyer's Freedom Of Establishment Within The European Economic Community, Jacqueline Friedlander
Securing A Lawyer's Freedom Of Establishment Within The European Economic Community, Jacqueline Friedlander
Fordham International Law Journal
Part I of this Note discusses the right of establishment within the EEC and the difficulties facing foreign attorneys in their efforts to exercise their right of establishment. Part II will examine the reasons why directives advancing a lawyer's freedom of establishment have so far not been approved and will then evaluate three proposed solutions. Finally, Part III presents an alternative proposal to ensure a lawyer's freedom of establishment. This Note concludes that a directive which provides for simplified access requirements, is necessary to ensure foreign lawyers' competence and to place the foreign lawyer on an equal status with the …