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Full-Text Articles in International Law
Signal Piracy: The Theft Of United States Satellite Signals Satellite Signals, Lori A. Yarvis
Signal Piracy: The Theft Of United States Satellite Signals Satellite Signals, Lori A. Yarvis
Fordham International Law Journal
This Note examines the problem of the unauthorized interceptionand transmission of United States programming, specifically concentrating on programming intercepted in the Caribbean Basin and Canada.
Keeping Up The Nation's Spirits: An Exception To The Broad Prohibition Of Article 95 Of The Treaty Of Rome, Ian G. Brownlee
Keeping Up The Nation's Spirits: An Exception To The Broad Prohibition Of Article 95 Of The Treaty Of Rome, Ian G. Brownlee
Fordham International Law Journal
This Note examines the Court's current construction of article 95. This construction involves a fairly strict and straightforward application of article 95's broad prohibition upon discriminatory internal taxation by one member state against imports from another member state. The Court has also created an exception to this broad prohibition. This Note will define this exception in the context of cases reaching the Court by both procedural routes.
Convention On International Liability For Damage Caused By Space Objects: Definition And Determination Of Damages After The Cosmos 954 Incident, Joseph A. Burke
Convention On International Liability For Damage Caused By Space Objects: Definition And Determination Of Damages After The Cosmos 954 Incident, Joseph A. Burke
Fordham International Law Journal
This Note examines the conflicting provisions of the Liability Convention in the context of the Cosmos 954 incident to determine whether the damages that Canada claimed would be recoverable under the Convention. The analysis will illustrate the need for change in the Liability Convention's definition of the measure of damages. Finally, this Note presents a proposal that would render the provisions more consistent with the spirit and the purpose of the Liability Convention.
New York Artists' Authorship Rights Act Incorporates European Moral Right Doctrine, Douglas Watson Lubic
New York Artists' Authorship Rights Act Incorporates European Moral Right Doctrine, Douglas Watson Lubic
Fordham International Law Journal
This Article will review the doctrine of moral right, which acknowledges a continuing relationship between an author and his work, in Europe and the United States law that has been applied in similar fact situations. It will then assess both the California and New York statutes that grant rights similar to those of moral right, but only to visual and graphic artworks. Finally, it will analyze the recent New York statute and compare it with both the California legislation and the European doctrine.
"Public Policy" Discrimination In The Eec: A Proposal For Assuring The Free Movement Of Workers, Lori Wood
"Public Policy" Discrimination In The Eec: A Proposal For Assuring The Free Movement Of Workers, Lori Wood
Fordham International Law Journal
This Note will examine three factors that undermine the guarantees of freedom of movement and freedom of establishment. First, the term public policy cannot be precisely defined. Second, European Economic Community (Community) law fails to substantially limit the scope of the public policy exception. Third, the Community legal system is inadequate to prevent or reverse discriminatory acts of national authorities against Community workers. This Note will suggest viable remedies for these problems. The proposals, if collectively implemented, would eliminate discrimination of Community workers on the basis of nationality.
The Application Of Article 85 Of The Eec Treaty To Exclusive Distribution Agreements, Helmuth R.B. Schroter
The Application Of Article 85 Of The Eec Treaty To Exclusive Distribution Agreements, Helmuth R.B. Schroter
Fordham International Law Journal
Compares the application of EEC competition laws and U.S. antitrust laws to exclusive distribution agreements, and noting an interesting development in the two systems. Article analyzes Continental T.V., Inc. v. GTE Sylvania Inc. and concludes it introduced the rule of reason to the U.S. approach for analyzing all nonprice vertical restrictions, but did not provide concrete guidelines for its application. The EEC approach, on the other hand, is designed to promote the goal of Common Market integration by preventing the insulation of national markets. Thus the Commission and the Court of Justice have developed a favorable attitude towards territorial and …
Economic Interdependence And The Sovereignty Of Debtor Nations: A Comparison Of Mexican And Argentine Reactions To International Monetary Fund Stabilization, Elizabeth Smith Stukey
Economic Interdependence And The Sovereignty Of Debtor Nations: A Comparison Of Mexican And Argentine Reactions To International Monetary Fund Stabilization, Elizabeth Smith Stukey
Fordham International Law Journal
Part I of this Note examines the concept of sovereignty and the role of the International Monetary Fund (Fund) as an instrument of supranational or joint sovereignty. Part II traces the development of economic dependence in Mexico and Argentina, examines the history of both public and private lending to these nations, and suggests that their current indebtedness is an extension of a chronic need for imported capital. Part III discusses the growth of international bank lending to developing countries in the 1970's, and Part IV examines the Fund's role in the renegotiation of sovereign debt. Part V addresses the relationship …
Dispute Settlement Pursuant To The Agreement On Technical Barriers To Trade: The United States-Japan Metal Bat Dispute, Fred J. Coccodrilli
Dispute Settlement Pursuant To The Agreement On Technical Barriers To Trade: The United States-Japan Metal Bat Dispute, Fred J. Coccodrilli
Fordham International Law Journal
In this Note, the dispute settlement case involving the marketing of United States-made metal baseball bats in Japan will be examined. The effectiveness of the Standards Code's dispute settlement procedures will be analyzed through an examination of the metal bat case and its effect on Japan's standards laws and certification systems.
Soviet Diversion Of United States Technology: The Circumvention Of Cocom And The United States Reexport Controls, And Proposed Solutions, James Plousadis
Soviet Diversion Of United States Technology: The Circumvention Of Cocom And The United States Reexport Controls, And Proposed Solutions, James Plousadis
Fordham International Law Journal
This Note examines the Soviet diversions of United States technology and suggests possible countermeasures. Part I examines diversions and their impact on United States national security. Parts II and III review present United States and Western export and reexport controls and the problems with these controls. Parts IV and V introduct and evaluate proposals offered to modify Western export policy to stop, or at least to impede, Soviet diversions.
Seabeds, Soverignty And Objective Regimes, Dennis W. Arrow
Seabeds, Soverignty And Objective Regimes, Dennis W. Arrow
Fordham International Law Journal
The United States and some of its major allies have been negotiating for some time concerning the establishment of an “alternative” seabed mining regime. Before confronting this issue, however, several threshold issues will be addressed. These will include descriptions of the nodule mining venture, the proposed UNCLOS regime to govern it, and the most recent developments in the U.S. backed “alternative” or reciprocating states” regime. After addressing the “objective regime” hypothesis, a strategy for avoiding potential U.S. estoppel to deny the validity of UNCLOS’ seabed mining regulations will be explored. Finally, possible scenarios for future seabed regulations and their attendant …
The Harmonization Of European Products Liability Law, William Boger
The Harmonization Of European Products Liability Law, William Boger
Fordham International Law Journal
In this Note, the history and reasons for proposing the Draft Directive are briefly discussed. The existing products liability laws in France, the Federal Republic of Germany and the United Kingdom are examined. The proposed Directive is analyzed in detail, and the effects of its adoption on the existing national systems are evaluated. Finally, the various systems of law are applied in a hypothetical product liability case.
Is The International Olympic Committee Amenable To Suit In A United States Court?, James G. Goettel
Is The International Olympic Committee Amenable To Suit In A United States Court?, James G. Goettel
Fordham International Law Journal
In this Note, the question of the IOC's amenability to suit in a United States court will be examined. The inquiry will require a determination of whether the IOC has the legal capacity to be sued under international law, and whether that organization is immune from suit under United States law. Finally, it must be determined whether the issues in Martin present a political question and whether policy considerations make it advisable for the court to refrain from hearing the case.
Undocumented Aliens' Right To Medicaid After Plyler V. Doe, Laurie Mcginnis
Undocumented Aliens' Right To Medicaid After Plyler V. Doe, Laurie Mcginnis
Fordham International Law Journal
In this Note, the constitutionality of the federal Medicaid citizenship provision and state citizenship provisions enacted pursuant thereto is addressed. The constitutionality of the state Medicaid citizenship provisions is examined under the equal protection standards applicable to undocumented children. The constitutionality of the citizenship provisions of Title XIX, and the federal regulations adopted pursuant thereto, is examined. The constitutionality of the state citizenship provisions under the Supremacy Clause is addressed. Finally, this Note examines the unique position of pregnant undocumented aliens and their citizen offspring.
Railcars From Canada: A Misapplication Of The Countervailing Duty Law, Rhonda G. Kirschner
Railcars From Canada: A Misapplication Of The Countervailing Duty Law, Rhonda G. Kirschner
Fordham International Law Journal
This Note examines the countervailing duty law and how it was applied in Railcars. Part I discusses the MTA's decision to award the subway car contract to Bombardier, Inc., a Canadian corporation. The countervailing duty proceeding and other legal actions initiated in response to the allegedly subsidized contract are also described. Part II provides a general background on the Act. Part III explains the procedure for conducting a countervailing duty proceeding under the Act. After each step in a countervailing duty proceeding is outlined, its application in Railcars is discussed. Finally, Part IV analyzes how the Act was misapplied in …
United States Labor Practices In South Africa: Will A Mandatory Fair Employment Code Succeed Where The Sullivan Principles Have Failed?, Brian J.F. Clark
United States Labor Practices In South Africa: Will A Mandatory Fair Employment Code Succeed Where The Sullivan Principles Have Failed?, Brian J.F. Clark
Fordham International Law Journal
This Note examines whether such a mandatory employment code is a necessary and effective means of accomplishing the bill's goals. Following a brief discussion of the extent of United States business involvement in South Africa and the effect of the Sullivan Principles, an existing voluntary program, on these companies' labor practices, the potential conflicts between the Labor Standards bill and South African law and policy are explored. A specific analysis of the legal and practical problems in enforcing the bill's provision in South Africa follows. The relative merits of the Sullivan Principles and the Labor Standards bill are discussed, and …
Host State Treatment Of Transnational Corporations: Formulation Of A Standard For The United Nations Code Of Conduct On Transnational Corporations, Rosanne M. Thomas
Host State Treatment Of Transnational Corporations: Formulation Of A Standard For The United Nations Code Of Conduct On Transnational Corporations, Rosanne M. Thomas
Fordham International Law Journal
This Note examines the need for guidelines regulating TNC activity, and the importance of formulating a principle of host state treatment that will fulfill the objectives of the Draft Code. The three views on host state treatment and the support each view finds in international law are analyzed. From this analysis, it is concluded that only the LDC view, modified to require host states to clearly state developmental plans, is based on principles that are recognized by and compatible with the interests of all three blocs.
Compensating Victims Of Hazardous Substance Pollution In The United States And Japan: A Comparative Analysis , David E. Bronston
Compensating Victims Of Hazardous Substance Pollution In The United States And Japan: A Comparative Analysis , David E. Bronston
Fordham International Law Journal
Part I of this Note presents an overview of the proposed system for compensation of victims of hazardous substance pollution in the United States. The focus will be on cost allocation, eligibility, the adequacy of compensation and the exclusivity of the remedy, as these factors reflect the goals of compensation and deterrence. Part II describes the Japanese system and experience with these factors. In Part III, the United States proposal is evaluated in light of the Japanese law and the Japanese experience under the law. The two systems are then evaluated in terms of the twin goals of compensation and …
Aviation – Article 22 Of The Warsaw Convention – Supreme Court Adopts A Purpose Approach To Enforce An Anachronistic Convention System, James K. Noble Iii
Aviation – Article 22 Of The Warsaw Convention – Supreme Court Adopts A Purpose Approach To Enforce An Anachronistic Convention System, James K. Noble Iii
Fordham International Law Journal
This section discusses the recent Supreme Court decision in Trans World Airlines v. Franklin Mint Corp. whhich includes an approach to Article 22 of the Warsaw Convention which addresses issues in aviation.
Technology Transfers In The Eec: A Look At The Proposed Block Exemption For Exclusive Patent Licensing Agreements, Jose E. Gonzalez
Technology Transfers In The Eec: A Look At The Proposed Block Exemption For Exclusive Patent Licensing Agreements, Jose E. Gonzalez
Fordham International Law Journal
In this Note, the Present Draft is examined in light of the goals and history of Community competition policy. After a discussion of patents and licensing, the previous drafts and criticisms thereof are examined. An analysis of the recent decisions in Nungesser v. Commission (Maize Seed) and Coditel v. Ciné Vog as they relate to the proposed regulation follows. Finally, it is suggested that the Commission's present position, as evidenced by the Present Draft of the proposed regulation, constitutes an appropriate balance between the demands of industry and the needs of the Community.
The Validity Of The Foreign Sovereign Immunity Defense In Suits Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Tara A. O'Brien
The Validity Of The Foreign Sovereign Immunity Defense In Suits Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Tara A. O'Brien
Fordham International Law Journal
This Note examines the interrelationship between the Convention and the FISA, specifically, whether a sovereign's ratification of the Convention constitutes a waiver of immunity under section 1605(a)(1) of the FISA in actions to enforce arbitration agreements and awards. The development of sovereign immunity law in arbitration enforcement actions, pre-FISA and under the FISA's "waiver" exception, is reviewed in light of the Convention. The confusion over the Convention as it affects sovereign immunity is discussed, and a resolution of the issue is proposed in favor of barring the sovereign immunity defense in actions falling under the Convention.
Hong Kong's Future: Can The People's Republic Of China Invalidate The Treaty Of Nanking As An Unequal Treaty?, Katherine A. Greenberg
Hong Kong's Future: Can The People's Republic Of China Invalidate The Treaty Of Nanking As An Unequal Treaty?, Katherine A. Greenberg
Fordham International Law Journal
This Note analyzes the PRC's claim that, according to accepted principles of international law, it is justified in abrogating the Treaty of Nanking. The basis for the PRC's position is that the treaty is not reciprocal in its terms and is the product of coercion. Therefore, according to the PRC, the Treaty is unequal and nonbinding. The first part of this Note provides the historical background surrounding the conclusion of the Treaty of Nanking. Part II briefly defines the principle of pacta sunt servanda and examines problems that arise when the rule is applied to unequal treaties. Part III presents …
Eec Competition Actions In Member States' Courts – Claims For Damages, Declarations And Injunctions For Breach Of Community Antitrust Law, John Temple Lang
Eec Competition Actions In Member States' Courts – Claims For Damages, Declarations And Injunctions For Breach Of Community Antitrust Law, John Temple Lang
Fordham International Law Journal
It seems likely that the need for protection against private claims for damages will cause more corporations to notify the Commission of their agreements and practices so as to obtain exemptions or, if appropriate, negative clearances. Whether this will cause a net increase in the Commission’s workload is not clear, since there will be a concomitant decrease in the number of cases dealt with by the Commission. The Commission could try to solve any problem of increasing workload by proposing a directive to harmonize national laws and procedures in a way which would encourage plaintiffs to bring claims in national …
Foreign Branches Of United States Banks-A Proposal For Partial Suspension During Periods Of Unrest, Francis X. Curci
Foreign Branches Of United States Banks-A Proposal For Partial Suspension During Periods Of Unrest, Francis X. Curci
Fordham International Law Journal
This Note discusses the liability of United States banks for the deposits at an expropriated foreign branch. The case of Vishipco Line v. Chase Manhattan Bank, which illustrates the problems banks face under the current law, is also discussed. This Note also proposes a Federal Reserve Regulation which, if adopted, would permit a partial suspension of operations of a foreign branch during periods of unrest in the host country.
Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb
Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb
Fordham International Law Journal
This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will propose new legislation.
Territorial Claims As A Limitation To The Right Of Self-Determination In The Context Of The Falkland Islands Dispute, Alejandro Schwed
Territorial Claims As A Limitation To The Right Of Self-Determination In The Context Of The Falkland Islands Dispute, Alejandro Schwed
Fordham International Law Journal
This Note will trace the development and present status of the right to self-determination under international law and its applicability to the decolonization of the Falkland Islands. No attempt will be made to determine whether Argentina's claim to sovereignty over the Islands is valid. The focus will be, rather, on whether the right of self-determination as set out by the United Nations can be limited and superseded by competing territorial claims.
Argentina's System Of Foreign Investments, Enrique Dahl
Argentina's System Of Foreign Investments, Enrique Dahl
Fordham International Law Journal
The purpose of this article is to provide the practitioner with an understanding of Argentina's foreign investment norms, supply some general information related to this area and, whenever possible, explain how the authorities have applied the law to specific cases. A discussion of the Anglo-Argentine South Atlantic confrontation and its effect on foreign investment is included.
Persecution Abroad As Grounds For Withholding Deportation: The Standard Of Proof And The Role Of The Courts, Edward A. Smith Iii
Persecution Abroad As Grounds For Withholding Deportation: The Standard Of Proof And The Role Of The Courts, Edward A. Smith Iii
Fordham International Law Journal
The immigration laws of the United States have long recognized a policy against deporting a person who seeks refuge in the United States, when it appears that person would be subject to persecution following deportation. The Immigration Act of 1952 permitted the Immigration and Naturalization Service to withhold the deportation of any person who could show that he would suffer persecution in the nation to which he would be deported. A similar provision is contained in the UN Protocol Relating to the Status of Refugees. The INS and the courts, having ruled that “no real conflict” existed between the Protocol …
Rejecting The Theism Test In England And The United States In Property Tax Exemption Cases, John E. Jenkins
Rejecting The Theism Test In England And The United States In Property Tax Exemption Cases, John E. Jenkins
Fordham International Law Journal
This Note will examine the tax exemption for property used in religious worship in its English and American settings. Analysis of the scope of the exemption in England will review the history of the exemption and its present application. The discussion of the exemption in the United States will focus on constitutional considerations. The theism test will also be considered in light of the principles underlying the exemption in both countries. The Note will conclude by recommending the analogy test for both England and the United States as an alternative to the theism test.
The Separate Interests Test: A New Hurdle In Foreign Entity Classification, Diane Francesca Krausz
The Separate Interests Test: A New Hurdle In Foreign Entity Classification, Diane Francesca Krausz
Fordham International Law Journal
The application of the separate interests test has thus far been attempted only with foreign entities; its acceptance in light of the recent Ninth Circuit decision in the MCA case remains uncertain. In domestic entity classifications, a mechanical analysis continues to be utilized. This Note will introduce the separate interests test, discuss its inconsistencies, and demonstrate how its application may lead to a different result. It will then explore the implications of applying the test retroactively and exclusively to foreign entities. Because the problem addressed by the application of the separate interests test could be more effectively resolved by legislative …
Terrorism As A Tort In Violation Of The Law Of Nations, Eileen Rose Pollock
Terrorism As A Tort In Violation Of The Law Of Nations, Eileen Rose Pollock
Fordham International Law Journal
Part 1 of this Note will attempt a definition of terrorism to determine whether the Tel-Oren attack was a terrorist act. Part II will discuss whether terrorism is a tort in violation of the law of nations for purposes of Alien Tort Statute jurisdiction. Part III will examine United States cases interpreting the term "violation of the law of nations" in the Alien Tort Statute and will then analyze the district court's opinion in Tel-Oren, particularly its holding that Alien Tort Statute jurisdiction requires that the law of nations or a treaty confer a private right of action upon individuals. …