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Full-Text Articles in International Law
Attachment Prior To The Enforcement Of International Arbitral Awards Under The New York Convention, Peter J. Fitzpatrick
Attachment Prior To The Enforcement Of International Arbitral Awards Under The New York Convention, Peter J. Fitzpatrick
Fordham International Law Journal
This Note will analyze the court of appeals decision in Cooper v. Ateliers de la Motobecane, S.A.,and examine the usefulness and suitability of permitting attachments pending arbitration proceedings.
The Separate Entity Fiction Exposed: Disregarding Self-Serving Recitals Of Juridical Autonomy In Nationalization Cases, Aris Haigian
The Separate Entity Fiction Exposed: Disregarding Self-Serving Recitals Of Juridical Autonomy In Nationalization Cases, Aris Haigian
Fordham International Law Journal
This Note presents the factual setting in which the instant claim arose, and discusses the rulings of the lower courts and the conflicting rationales in light of existing law. In conclusion, it proposes a balancing test incorporating the relevant criteria for consideration in this and like cases.
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focus will be, rather, on whether the right of self-determination as set out by the United Nations can be limited and superseded by competing territorial claims.
Admiralty Litigation In Perpetuum: The Continuing Saga Of Package Litigation And Third World Delivery Problems, Chester D. Hooper, Keith L. Flicker
Admiralty Litigation In Perpetuum: The Continuing Saga Of Package Litigation And Third World Delivery Problems, Chester D. Hooper, Keith L. Flicker
Fordham International Law Journal
Certain admiralty cargo issues are litigated frequently, often in search of a magical test which will preclude all further litigation. Three such issues are package limitations, the burden of proving the condition and quantity of cargo stowed within containers, and the point at which the ocean carrier delivers cargo at discharge and thus completes its duties under the contract of carriage. Despite the frequency with which these issues have been litigated, significant disagreement remains among the circuit courts as to their proper resolution. This article will examine the current state of judicial uncertainty in these areas and the indications given …
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.
Commercial Dispute Settlement In China-United States Trade: Conciliation In Perspective, Denis Woychuk
Commercial Dispute Settlement In China-United States Trade: Conciliation In Perspective, Denis Woychuk
Fordham International Law Journal
This Note analyzes the Chinese approach to commercial dispute settlement in the context of international contracts. Part I examines article VIII, the dispute settlement portion of the Trade Agreement, and the Chinese procedures for private dispute settlement. Part II discusses the problems of legal uncertainty that exist in the Chinese approach and the prospect of emerging Chinese law. Part III discusses the current importance of conciliation in Chinese dispute settlement, presents a case study of an actual joint conciliation conducted in China, and evaluates the results.
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. …
P. Postlewaite & M. Collins, International Individual Taxation, Mark I. Cohen
P. Postlewaite & M. Collins, International Individual Taxation, Mark I. Cohen
Fordham International Law Journal
This is a book review of International Individual Taxation by Postlewaite and Collins. The author argues that the book is an important addition to the tax library of novice and professionals alike.
Banks And The Export Trading Company Act Of 1982, Cary Ferchill
Banks And The Export Trading Company Act Of 1982, Cary Ferchill
Fordham International Law Journal
The changes in United States antitrust laws effected by the Export Trading Company Act of 1982 have received the greatest public attention, probably because of the highly unusual procedure for antitrust immunity certification and the changes in United States antitrust jurisdiction. Given the history of banking law in the U.S, however, the bank investment provisions may prove to be revolutionary. This article will address exclusively the changes in the U.S. banking laws under the Act [The Export Trade Company Act of 1982] and the relevance these changes have on the banking business.
Expanding The Jurisdictional Basis For Transnational Securities Fraud Cases: A Minimal Conduct Approach, Edward A. Taylor
Expanding The Jurisdictional Basis For Transnational Securities Fraud Cases: A Minimal Conduct Approach, Edward A. Taylor
Fordham International Law Journal
This Note examines subject matter jurisdiction in transnational securities fraud cases. The approaches adopted by the circuit courts and the Draft Restatement are critically analyzed, and the language and purpose of the Act are reviewed. A new test for determining subject matter jurisdiction in a United States forum is proposed, which will result in a greater protection of American and foreign investors who purchase and sell securities abroad.
The Foreign Agents Registration Act: A New Standard For Determining Agency, Yuk K. Law
The Foreign Agents Registration Act: A New Standard For Determining Agency, Yuk K. Law
Fordham International Law Journal
This Note will give an overview of the development, operation and enforcement of FARA. It will then discuss the INAC case and the confusion it is likely to cause among voluntary groups as to their duty to register under FARA. This Note will also discuss how the INAC informative purposes standard will exacerbate current problems in administering FARA. Lastly, this Note will recommend that the INAC standard not be followed.
United Nations Financing Of The Law Of The Sea Preparatory Commission: May The United States Withhold Payment?, Patrick J. Hynes
United Nations Financing Of The Law Of The Sea Preparatory Commission: May The United States Withhold Payment?, Patrick J. Hynes
Fordham International Law Journal
In this Note, the legal basis of the United States position will be evaluated. After an overview of the events surrounding the controversy, the sources of the General Assembly's budgetary and apportioning authority and the United Nations' budget procedures will be considered. There will follow a discussion of an International Court of Justice advisory opinion upon which both the United States and its opponents rely. Finally, the financial arrangement between the United Nations and the Preparatory Commission (Commission) will be examined in light of the formal relationship between those two bodies.
Forum Non Conveniens And Foreign Plaintiffs: Addressing The Unanswered Questions Of Reyno, Maria A. Mazzola
Forum Non Conveniens And Foreign Plaintiffs: Addressing The Unanswered Questions Of Reyno, Maria A. Mazzola
Fordham International Law Journal
This Note explores the current, law regarding forum non conveniens for foreign plaintiffs and examines the law in light of Friends for All Children, Inc. v. Lockheed Aircraft Corp.8 (the Babylift case), which was recently decided by the United States Court of Appeals for the District of Columbia.
The American Convention On Human Rights: Toward Uniform Interpretation Of Human Rights Law, Timothy M. Mccann
The American Convention On Human Rights: Toward Uniform Interpretation Of Human Rights Law, Timothy M. Mccann
Fordham International Law Journal
This Note explores the sources of law available to the Inter-American Commission and Court. The structure and jurisdiction of the European system for protecting human rights and their relation to the American system are examined first. This Note then reviews some case law and interpretation procedures of the European system and the International Court.
Executive Agreements In The Aftermath Of Weinberger V. Rossi: Undermining The Constitutional Treaty-Making Power, Julie E. Arnold
Executive Agreements In The Aftermath Of Weinberger V. Rossi: Undermining The Constitutional Treaty-Making Power, Julie E. Arnold
Fordham International Law Journal
This Note suggests limiting the use of international agreements which are not treaties. To accomplish this, it determines the proper limits of executive agreements and establishes a procedure by which courts should analyze their constitutional validity.
Characterizing Nationalizations For Purposes Of The Foreign Sovereign Immunities Act And The Act Of State Doctrine, George Kahale, Iii
Characterizing Nationalizations For Purposes Of The Foreign Sovereign Immunities Act And The Act Of State Doctrine, George Kahale, Iii
Fordham International Law Journal
This article will review the traditional approach to nationalization and assess the new theories in light of the FSIA [the Foreign Sovereign Immunities Act of 1976], Alfred Dunhill, Inc. v. Republic of Cuba, 425 U.S. 682 (1976) [Dunhill], and recent case law.
A Critique Of Proposed Amendments To The Immigration And Nationality Act, Michael F. Turansick
A Critique Of Proposed Amendments To The Immigration And Nationality Act, Michael F. Turansick
Fordham International Law Journal
Part I of this Note will briefly examine the history of United States immigration policy, highlighting major legislation, to illustrate the increasingly complex and restrictive approach adopted by the United States toward aliens. Part II will focus on the predecessors of the proposed guest worker program, the "Bracero" program and, to a lesser extent, the "H-2" program. Part III will present a critical review of the President's guest worker program and its legislative counterparts in greater detail underscoring their similarities and differences. Finally, Part IV will posit some conclusions concerning the President's program and offer suggestions for improvement.
Defining Jurisdictional Limits In International Antitrust: Should The Eec Adopt The Timberlane Approach?, Eric L. Gilioli
Defining Jurisdictional Limits In International Antitrust: Should The Eec Adopt The Timberlane Approach?, Eric L. Gilioli
Fordham International Law Journal
The far reach of United States antitrust laws has been a source of considerable irritation to many allies of the United States. There is a proceeding by the Commission of the European Communities against International Business Machines Corporation (IBM). IBM has argued that the Commission must use a balancing test of state interests when deciding the case. However, this would involve changing the EEC's methods of evaluating its jurisdiction over conduct abroad. This Comment discusses whether such a change is desireable by 1) examing the principle as it evolved in the United States, 2) the EEC's current practice in such …
Forum Non Conveniens: Standards For The Dismissal Of Actions From United States Federal Courts To Foreign Tribunals, James D. Yellen
Forum Non Conveniens: Standards For The Dismissal Of Actions From United States Federal Courts To Foreign Tribunals, James D. Yellen
Fordham International Law Journal
Part I of this Note will develop and summarize the historical backdrop of the doctrine of forum non conveniens. Part II will analyze the legislative and judicial development of the doctrine during the last fifty years. Part II will discuss the Reyno decision and the proper weight to be accorded the citizenship and the forum choice of the plaintiff. Included in the latter inquiry is a discussion of the extent to which the plaintiff's prospects of recovery in a particular case should control the outcome of the defendant's motion to dismiss. In conclusion, Part IV will evaluate the impact of …
Preponderance Of The Evidence: An Ineffective Burden Of Proof In Expatriation Proceedings, Robert Elliot Fuller
Preponderance Of The Evidence: An Ineffective Burden Of Proof In Expatriation Proceedings, Robert Elliot Fuller
Fordham International Law Journal
This Comment will review the recent history of evidentiary standards in expatriation proceedings. The Comment will also analyze the views espoused by the Supreme Court in the Terrazas opinion regarding the use of the preponderance standard in light of constitutional limitations on congressional power and the standard's effectiveness in preventing forcible denationalization. Finally, the propriety of the alternative clear, convincing and unequivocal evidence standard will be briefly examined.
International Choice Of Law: A Proposal For A New "Enclave" Of Federal Common Law, Yvonne Marcuse
International Choice Of Law: A Proposal For A New "Enclave" Of Federal Common Law, Yvonne Marcuse
Fordham International Law Journal
This Comment examines the need and authorization for federal common law of international choice of law in view of current conflicts law and theory. Part I reviews the types of conflicts laws in use today. Part II discusses federal common law as it has developed in the area of international relations and as it might apply to conflict of laws. Part III proposes the adoption of federal common law in international conflict of laws and also discusses the option of legislative implementation of the federal full faith and credit statute. A model is introduced for the proposed federal common law …
A Proposed Fishery Conservation And Management Act For The Republic Of China, Joseph W. Dellapenna, Ar-Young Wang
A Proposed Fishery Conservation And Management Act For The Republic Of China, Joseph W. Dellapenna, Ar-Young Wang
Fordham International Law Journal
This article has two parts. It begins with the text of the proposed (fishery) act. Following the text is a brief section-by-section analysis of the proposed act.
United States-Japan Trade Developments Under The Mtn Agreement On Government Procurement, Dayne Kono
United States-Japan Trade Developments Under The Mtn Agreement On Government Procurement, Dayne Kono
Fordham International Law Journal
This Note examines the Government Procurement Code and its impact on United States-Japan trade relations. It begins with a summary of discriminatory procurement practices previously permitted by the United States and Japan, followed by a brief history of the Code. The Note then addresses the Code's operative mechanisms and its effect on United States and Japanese procurement practices. Finally, it considers the NTT Agreement as an illustration of the Code's potential for opening the Japanese market to foreign suppliers.
Passport Revocation: A Critical Analysis Of Haig V. Agee And The Policy Test, Joy Beane
Passport Revocation: A Critical Analysis Of Haig V. Agee And The Policy Test, Joy Beane
Fordham International Law Journal
Part I of this Note will discuss briefly the history of the Passport Act and of travel control statutes with an emphasis on the changing nature and purpose of passports. That section will also review a significant case, decided in 1955 in which the power of the Secretary to deny a passport was challenged. Part II will examine the rationale underlying the Kent v. Dulles decision. Finally, Part III will focus on the Supreme Court's treatment of the issues presented in Haig v. Agee and will explore the effects of the Court's decision on first and fifth amendment rights.
Remarks Delivered On The Occasion Of The Fordham-Stein Dinner Award October 21, 1981, Warren Christopher
Remarks Delivered On The Occasion Of The Fordham-Stein Dinner Award October 21, 1981, Warren Christopher
Fordham International Law Journal
Mr. Christopher dicusses the three key external factors in the success that were achieved during the Carter Administration. They are people, process and a profession.
Judicial Review Of Arbitral Proceedings, Joseph C. Sweeney
Judicial Review Of Arbitral Proceedings, Joseph C. Sweeney
Fordham International Law Journal
This paper will examine judicial review of the arbitration process from the viewpoint of the arbitrator, who is professionally interested in careful and fair procedures leading to an award that will not be overturned by the courts. The principle area of study will be the maritime arbitrations to which the Federal Arbitration Act (the statute) applies to.
Roadblock To Trade: The State-Controlled Economy Issue In Antidumping Law Administration, Donald L. Cuneo, Charles B. Manuel, Jr.
Roadblock To Trade: The State-Controlled Economy Issue In Antidumping Law Administration, Donald L. Cuneo, Charles B. Manuel, Jr.
Fordham International Law Journal
This article will review and analyze the background of the SCE provisions, the operation and limitations of the current law as evidenced by recent cases, and the proposed legislation currently before Congress.