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Full-Text Articles in International Law
Competition And Deregulation: Nouvelles Frontières For The Eec Air Transport Industry?, Jacqueline O. Licalzi
Competition And Deregulation: Nouvelles Frontières For The Eec Air Transport Industry?, Jacqueline O. Licalzi
Fordham International Law Journal
This comment argues that a coherent approach to the liberalization of air transport in the EEC is desirable; however, despite the impetus of Nouvelles Frontieŕes, liberalization is unlikely in the near future. Part I analyzes the Nouvelles Frontieŕes decision in the context of the international regulatory framework in which EEC air transport functions. Part II evaluates EEC proposals that seek to bring about fairer prices and improved market entry, and concludes that such proposals would not significantly alter the present system. Part III offers proposals that strike a balance between free competition and government intervention, in the interest of liberalizing …
International Trade Policy: The Lawyer's Perspective , Kevin G. Nealer
International Trade Policy: The Lawyer's Perspective , Kevin G. Nealer
Fordham International Law Journal
In International Trade Policy: The Lawyer's Perspective, the editors offer a look at the landscape of issues in United States import relief law which should remain useful for some time. This is accomplished through a series of essays by a group of seasoned commentators. The initial chapters provide an intellectual framework and policy perspectives on current import relief law, along with proposals for change. The core of the book is given over to topical writings on current import relief law, each addressing some aspect of practice under Section 201, countervailing duty, or antidumping statutes. The final section reach beyond to …
An Analysis Of The Achille Lauro Affair: Towards An Effective And Legal Method Of Bringing International Terrorists To Justice, Andrew L. Liput
An Analysis Of The Achille Lauro Affair: Towards An Effective And Legal Method Of Bringing International Terrorists To Justice, Andrew L. Liput
Fordham International Law Journal
This Note will propose five steps towards establishing an effective method of bringing terrorists to justice. Part I of this Note will detail the facts surrounding the Achille Lauro incident. Part II will discuss the laws governing extradition, including the obligations of Egypt and the United States arising under the United States-Egypt Extradition Treaty, the Convention Against the Taking of Hostages, and the doctrine of mala captus bene delentus. Part III will also discuss the international community's historical inability to define terrorism. Part III will examine the legal precedent for acts of abduction. Part IV details the criticism of the …
Unilateral Action By Oil-Producing Countries: Possible Contractual Remedies Of Foreign Petroleum Companies, Stephen A. Zorn
Unilateral Action By Oil-Producing Countries: Possible Contractual Remedies Of Foreign Petroleum Companies, Stephen A. Zorn
Fordham International Law Journal
At the end of 1982, Mobil Oil Corporation (Mobil) withdrew from its Libyan oil exploration and production concessions. Subsequently, Mobil filed an arbitration claim against the Libyan Government, alleging that government action had effectively destroyed the economic value of Mobil's concession. This arbitration raises substantial questions of transnational contract law. Part I of this Note provides the factual background to the Mobil-Libya dispute and a review of the major issues involved. Part II discusses the right of a host government to set export prices. Part III considers whether a host government may take unilateral action even though the concession agreement …
The Noncommercial Torts Exception To The Foreign Sovereign Immunities Act, Judi L. Abbott
The Noncommercial Torts Exception To The Foreign Sovereign Immunities Act, Judi L. Abbott
Fordham International Law Journal
This Note examines the development of judicial interpretation of the noncommercial torts exception, section 1605(a)(5) of the Foreign Sovereign Immunities Act of 1976 (FSIA), in United States law. The Note first traces the historical development of the doctrine of sovereign immunity to its statutory codification. Next, it identifies trends in the interpretation of the torts exception that have emerged since the enactment of the FSIA. Finally, this Note proposes a coherent, uniform method of preparing a claim under section 1605(a)(5).
Our Neighbor's Keeper? The United States And Canada: Coping With Transboundary Air Pollution, Elizabeth Knapp
Our Neighbor's Keeper? The United States And Canada: Coping With Transboundary Air Pollution, Elizabeth Knapp
Fordham International Law Journal
This Note will review the scientific research and evidence that support the existence of an acid rain phenomenon, and discuss the principles of international law that apply to a transboundary air pollution problem. The recognition and application of these legal principles to cases of interstate pollution and resource sharing in the United States will then be discussed. This Note will examine recent attempts to seek a solution to the North American acid rain problem through the negotiation of a bilateral treaty, and through Canadian resort to the courts of the United States. This Note will conclude that the only viable …
Computer Data Base Protection -The Impact Of Japanese Legislative Developments On United States And Japanese Copyright Laws, Takashi Yuasa
Computer Data Base Protection -The Impact Of Japanese Legislative Developments On United States And Japanese Copyright Laws, Takashi Yuasa
Fordham International Law Journal
Part I of this article describes the basic framework of the ACA’s proposal for copyright protection of data bases. It also compares and contrasts the opposing viewpoints expressed by MITI and in the ACA Report. Part II examines United States legal theories relating to data bases and analyzes the conflicts between the ACA Report and the United States approach to data bases arising under copyright law. Part III examines the impact of the above discussions on issues to relating to data protection law, including copyright law.
Compulsory Adjudication In International Law: The Past, The Present, And Prospects For The Future, Anthony Giustini
Compulsory Adjudication In International Law: The Past, The Present, And Prospects For The Future, Anthony Giustini
Fordham International Law Journal
Given the very clear and limited role that states created for judicial settlement in the United Nations Charter, a serious attempt to expand the International Court of Justice’s jurisdiction would inevitably involve an amendment of the Charter itself. In light of the hostility that all but a few states have shown with regard to compulsory adjudication, such an effort would be doomed to failure.
Selecting An Appropriate Federal Court In An International Antitrust Case: Personal Jurisdiction And Venue, Daniel J. Capra
Selecting An Appropriate Federal Court In An International Antitrust Case: Personal Jurisdiction And Venue, Daniel J. Capra
Fordham International Law Journal
Finding an appropriate U.S. forum for an international antitrust case is unnecessarily complicated. Congress, with its intent to effectuate broad enforcement of the antitrust laws, has provided statutory authority, which allows suit in any judicial district so long as the antitrust defendant has minimum contacts with the United States. Thus far the courts have generally ignored the solution provided by Congress in favor of the long-arm statutes of the state legislature. This state of affairs must be corrected in order to prohibit a jurisdictional windfall to alien defendants that was not intended by Congress.
Jurisdiction Over Alien Corporations Based On The Activities Of Their Subsidiaries In The Forum: Whither The Doctrine Of Corporate Separateness?, Juliet Sarkessian
Jurisdiction Over Alien Corporations Based On The Activities Of Their Subsidiaries In The Forum: Whither The Doctrine Of Corporate Separateness?, Juliet Sarkessian
Fordham International Law Journal
This Note argues that without the finding of an agency or alter-ego relationship between a parent and its subsidiary, the acts of a subsidiary cannot, under the doctrine of corporate separateness, be attributed to a parent. Unless the acts of a subsidiary can be attributed to the parent, the existence of the parent-subsidiary relationship alone cannot supply the minimum contacts needed to confer jurisdicition on a court over an alien parent. Part I of this Note will discuss the corporation as a legal entity and the doctrine of corporate seperateness. After an examination of the pertinent United States Supreme Court …
The Applicability Of The United States Countervailing Duty Law To Imports From Nonmarket Economy Countries, Karen A. O'Brien
The Applicability Of The United States Countervailing Duty Law To Imports From Nonmarket Economy Countries, Karen A. O'Brien
Fordham International Law Journal
This Note will examine the applicability of the countervailing duty law to nonmarket economies. Part I will review the legislative history of the countervailing duty statute and its judicial and administrative interpretations. Part II will discuss the Commerce Department rulings, the Court of International Trade's reversal of these rulings in Continental Steel Corp. v. United States and the Federal Circuit's reversal of the CIT. Finally, Part III will analyze both approaches to the issue. This Note will conclude that the counterveiling duty law should apply to goods from nonmarket economies.
Compelled Waiver Of Bank Secrecy In The Cayman Islands: Solution To International Tax Evasion Or Threat To Sovereignty Of Nations?, Ellen C. Awwarter
Compelled Waiver Of Bank Secrecy In The Cayman Islands: Solution To International Tax Evasion Or Threat To Sovereignty Of Nations?, Ellen C. Awwarter
Fordham International Law Journal
Part I of this Note describes the conflict of laws between foreign bank secrecy policies and United States tax laws, and how the use of unilateral investigatory methods have intensified that conflict. Part II surveys the development of compelled waiver case law in the United States and the Cayman Islands since the introductino of the evice in 1981, and sicusses how use of the waiver has raised questions of international comity and conflict of laws. Part III evaluates the failure of United States courts to address completely the international legal problems posed by unilateral investigatroy methods, and cites the analysis …
United States Antitrust Law And Industrial Policy: International Joint Ventures And Global Competition After Gm-Toyota, Paul C. Curnin
United States Antitrust Law And Industrial Policy: International Joint Ventures And Global Competition After Gm-Toyota, Paul C. Curnin
Fordham International Law Journal
Part I of this of this Note will describe the evolution of United States antitrust laws and their application to international joint ventures. Part II of this Note will then demonstrate, through an analysis of the GM-Toyota decision, that the FTC's settlement of its proceedings against GM and Toyota embodies an industrial policy. Part III will show that implementation of an industrial policy through the antitrust laws is logical, necessary, and above all, preferable to protectionist legislation as a means of stimulating United States industrial competitiveness in world markets. Finally, this Note will propose a program of restrictions, similar to …
Protection Of Legal Privilege In Eec Competition Law: The Imperfections Of A Case, Theofanis Christoforou
Protection Of Legal Privilege In Eec Competition Law: The Imperfections Of A Case, Theofanis Christoforou
Fordham International Law Journal
The AM & S Europe judgment by the Court of Justice of the European Union was the first ruling on the principle of confidentiality. Part I will deal with certain facets of the principle of confidentiality, not considered by the Court, in the light of a comparative analysis of the laws of the Member States. Finally, part II will analyse the impact of the Court’s ruling on both Community and national laws and briefly discuss the implications of the judgment for lawyers from third countries.
Prejudgment Attachment Of Foreign Sovereign Assets Under The Proposed Amendments To The Foreign Sovereignty Immunities Act, Stephen G. Foresta
Prejudgment Attachment Of Foreign Sovereign Assets Under The Proposed Amendments To The Foreign Sovereignty Immunities Act, Stephen G. Foresta
Fordham International Law Journal
This Note will focus on the proposed amendment contained in S.1071 that would strengthen prejudgment attachment of foreign assets. Part I will discuss the doctrine of sovereign immunity as it has developed in this country, and its present status in the field of United States international litigation. Part II of the Note will examine the prejudgment attachment remedy in light of these sovereign immunity developments. Part III will analyze the proposed amendment dealing with prejudgment attachment. Finally, the Note will conclude that the United States Congress should adopt the proposed judgment provision. By doing so, Congress would remove a formidable …
The Economic Unity Doctrine In The Eec: A Limited Exemption To Article 85 Of The Treaty Of Rome, Sarah M. Ward
The Economic Unity Doctrine In The Eec: A Limited Exemption To Article 85 Of The Treaty Of Rome, Sarah M. Ward
Fordham International Law Journal
Section I of this Note analyzes the cases in which the Commission and the Court of Justice have implied a doctrine of economic unity and argues that this economic unity exemption to the prohibitions of article 85 may indeed be a limited one. Section II sets forth the theoretical and practical difficulties that such a limited economic unity doctrine entails. Finally, section III presents an alternative analysis for determining when article 85 of the Treaty of Rome sould apply to practices between related firms.
Tax Planning Issues Affecting International Entertainers And Athletes, Theodore Delaney Weis
Tax Planning Issues Affecting International Entertainers And Athletes, Theodore Delaney Weis
Fordham International Law Journal
This Note will focus on the major tax planning issues confronting entertainers and athletes (hereinafter collectively referred to as “performers” unless separately stated) who perform in the United States and around the world. This Note will first explore the United States rules that apply when there is no applicable treaty; then it will discuss the effect of typical treaty provisions on those basic rules and the optimal business structure by which a performer can maximize the benefits of a given treaty. In particular, the Note will examine the unfavorable provisions, from the performer’s point of view, of two bilateral tax …
The Meaning Of "Well-Founded Fear Of Persecution" In United States Asylum Law And In International Law, Barry Sautman
The Meaning Of "Well-Founded Fear Of Persecution" In United States Asylum Law And In International Law, Barry Sautman
Fordham International Law Journal
Part I of this Article reviews the position of these administrative agencies and of the courts that have agreed with them. Part II discusses the contrary position of the majority of the circuit courts. Part III examines the international law bases of the relevant statutory language. It will be demonstrated that legislative history, United States case law, and international policy and practice, indicate that the United States government’s stringent administrative interpretation of the phrase “well-founded fear of persecution” is erroneous.
Promises, Promises: A Critical Analysis Of Lome Iii's Private Investment Provisions, Theresa I. Yard
Promises, Promises: A Critical Analysis Of Lome Iii's Private Investment Provisions, Theresa I. Yard
Fordham International Law Journal
This Note will analyze Lome III's private investment protection and promotion provisions to determine whether the provisions would actually promote the flow of capital needed by the ACP States to meet their development goals, or whether these provisions merely perpetuate the elements of the historical colonial relationship that persisted under the prior Lome Conventions. Part I of this Note will detail the historical relationship between the ACP States and the EEC countries, emphasizing the prior Lome Conventions. Part II will give the background of Lome III, and will review the Convention's private investment provisions. Part III will analyze the effect …
An Analysis Of The Conflicts Between Congressional Import Quotas And The General Agreement On Tariffs And Trade, John J. Reinke
An Analysis Of The Conflicts Between Congressional Import Quotas And The General Agreement On Tariffs And Trade, John J. Reinke
Fordham International Law Journal
This Note will discuss recent US import quotas in light of the United States' obligations under GATT. Part I of this Note will examine the legal frameworks of the US Constitution, GATT, and section 301. Part Ii will focus on the domestic and international conflicts that have stemmed from recent protectionist legislation proposed by Congress. Part III will criticize the conflict between the President and congress, the application of section 301, and the dispute resolution provisions of GATT. Finally, Part IV will propose improvements for the performance of the United States under GATT and section 301. This Note will conclude …
A Proposed Legal Framework For A Comprehensive Free Trade And Investment Agreement Between Canada And The United States, Saul Aronson
A Proposed Legal Framework For A Comprehensive Free Trade And Investment Agreement Between Canada And The United States, Saul Aronson
Fordham International Law Journal
This Article examines some of the more recent problems involving Canadian-Unites States trade, and proposes a legal framework within which to formulate a comprehensive trade and investment agreement.
Bypassing Intelsat: Fair Competition Or Violation Of The Intelsat Agreement?, Julianne Mckenna
Bypassing Intelsat: Fair Competition Or Violation Of The Intelsat Agreement?, Julianne Mckenna
Fordham International Law Journal
The International Telecommunications Satellite Organization (INTELSAT), the 109-nation cooperative responsible for the vast majority of international satellite service, was recently presented with what may be its greatest challenge since its inception over twenty years ago. The consortium, hailed by many as a model among international organizations, faces possible competition from five American companies (Applicants) that have applied to the Federal Communications Commission (FCC) for permission to launch and operate satellites independent of the INTELSAT system. This Note begins with a brief look at the laws applicable to international satellite communications. The various interpretations given those laws will be set forth, …
Application Of The Laws Of The Eec And The United Kingdom To Part-Time Women Workers, Sabrina Allan
Application Of The Laws Of The Eec And The United Kingdom To Part-Time Women Workers, Sabrina Allan
Fordham International Law Journal
This Note focuses on the laws of the European Economic Community (EEC) and the United Kingdom as they affect part-time workers in the United Kingdom. Part I provides a general background to the equal pay laws of the EEC and the United Kingdom. Part II traces the legislative history of these laws and analyzes whether the administrative and legislative bodies of the EEC and the United Kingdom intended to apply equal pay laws to part-time workers. Part III chronologically reviews the case law and examines the difficulties encountered by tribunals interpreting the equal pay laws. Finally, Part IV analyzes the …
Kear V. Hilton: Enforcing The Treaty On Extradition Between The United States And Canada, John A. Hyland
Kear V. Hilton: Enforcing The Treaty On Extradition Between The United States And Canada, John A. Hyland
Fordham International Law Journal
This Note examines the justness of the Kear decision. The current provisions of the Extradition Treaty, the powers of bounty hunters, and the role of the courts in regulating extradition are discussed. The Note concludes that extradition was not only proper, but necessary in order to maintain the Extradition Treaty's goal of suppressing crime through cooperation between Canada and the United States.
Consular Immunity From Service Of Process Under The Vienna Convention On Consular Relations, Geraldine Alfino
Consular Immunity From Service Of Process Under The Vienna Convention On Consular Relations, Geraldine Alfino
Fordham International Law Journal
This Note analyzes the immunity from service of process of consular officers under the Vienna Convention on Consular Relations (Consular Convention). It is concluded that personal service on a consular officer is invalid under the Consular Convention, but that mail service may be effective.
Application Of The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc., Robin A. Roth
Fordham International Law Journal
This Note examines the arbitrability of antitrust claims raised by a United States party against a foreign party and attempts to reconcile a domestic public policy against the arbitrability of antitrust claims with the mandate of the Convention. It focuses on the case law relating to this policy, as well as the Convention, and applies it to Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.
New "Country Of Origin" Textile Regulations Violate The Multifiber Arrangement, Thomas T. Janover
New "Country Of Origin" Textile Regulations Violate The Multifiber Arrangement, Thomas T. Janover
Fordham International Law Journal
This Note argues that the implementation of the new regulations violate both the spirit and the letter of bilateral and multilateral trade agreements to which the United States is a party. This Note will also examine the new textile regulations in light of judicial and administrative rulings. An examination of the conflict between the new regulations and the MFA follows. Finally, an analysis of the effects of the new regulations on the domestic economy and on international relations will be discussed.
"Damn The Torpedoes!": International Standards Regarding The Use Of Automatic Submarine Mines , Juden Justice Reed
"Damn The Torpedoes!": International Standards Regarding The Use Of Automatic Submarine Mines , Juden Justice Reed
Fordham International Law Journal
This Note synthesizes a customary international standard of usage for automatic submarine mines, taking into account existing international agreements and recent history. It then details the questionable nature of recent mine use in Nicaragua and the Red Sea, as judged against the synthesized standard, and the differing positions on acceptable standards of mine use asserted by the United States.
Selective Distribution, John Temple Lang
Selective Distribution, John Temple Lang
Fordham International Law Journal
Systems of selective distribution involve essentially two elements. First, the distribution does not supply every dealer, retailer, or wholesaler who is willing to sell the products in question. Only those who meet certain criteria are appointed as authorized retailers or wholesalers. Second, authorized dealers may sell only to other authorized dealers, or, in the case of retailers, to users. It is usual to classify the criteria for selecting the dealers to be approved as follows: 1) Qualitative and Quantitative Criteria; 2) Objective and Subjective Criteria; 3) Technical Qualifications and Commercial Qualifications. There may of course be obligations, including restrictive obligations, …
Offshore Funds And Rule 10b-5: An International Law Approach To Extraterritorial Jurisdiction Under The Securities Exchange Act Of 1934, Franca A. Franz
Offshore Funds And Rule 10b-5: An International Law Approach To Extraterritorial Jurisdiction Under The Securities Exchange Act Of 1934, Franca A. Franz
Fordham International Law Journal
This Note examines the extent to which the corporate mismanagement sphere of Rule 10b-5 may be applied extraterritorially to the internal regulation of offshore investment funds. Part I analyzes the policies behind the assertion of subject matter jurisdiction under international law and illustrates that the jurisdictional policies prescribed by international law do not support such an expansionist view of the Securities Exchange Act of 193415 ('34 Act). Part II focuses on the Congressional intent behind the '34 Act and addresses the issue whether the '34 Act was to have extraterritorial application and to be a vehicle for the regulation of …