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Full-Text Articles in International Law
Liberalization Of International Trade In The Service Sector: Threshold Problems And A Proposed Framework Under The Gatt, Marianna Maffucci
Liberalization Of International Trade In The Service Sector: Threshold Problems And A Proposed Framework Under The Gatt, Marianna Maffucci
Fordham International Law Journal
This Comment will discuss problems inherent in creating a framework for liberalization of trade in the service sector and will propose a general plan for approaching those problems. Part One will examine the economic significance of the service sector world-wide. Part Two will consider problems in quantifying the service sector and in identifying barriers to trade in services. Part Three will look into the difficulties of building international consensus on the need for liberalization and efforts made to that end. To conclude, Part Four will explore the possibility of extending the GATT to cover services.
The United States Position On Revising The Paris Convention: Quid Pro Quo Or Denunciation, Regina A. Loughran
The United States Position On Revising The Paris Convention: Quid Pro Quo Or Denunciation, Regina A. Loughran
Fordham International Law Journal
This Comment will begin by examining the history and purposes of the Paris Convention and its revisions; second, it will examine the conflict between the developed and developing nations regarding the Convention revision; and third, it will examine the legal validity of denouncing the Convention and establishing a new multilateral treaty. Finally, this Comment will suggest the approach the United States should adopt to advance its position regarding the Paris Convention revision.
Discriminatory Hiring Practices By Foreign Corporations In The United States– A Limited Right, Dushica D. Babich
Discriminatory Hiring Practices By Foreign Corporations In The United States– A Limited Right, Dushica D. Babich
Fordham International Law Journal
This Note will first examine the language of Title VII and the "of their choice" provision. It will then discuss the Second and Fifth Circuits' resolutions of the two issues faced by these courts. This Note will analyze the courts of appeals decisions of the two issues in light of Supreme Court interpretations of treaties. Finally, this Note will discuss whether the treaty's "of their choice" provision grants an absolute right or whether it accords a limited right which allows foreign employers to discriminate only on the basis of national origin when hiring personnel essential for the management and control …
Maritime Arbitration And The Federal Courts, Wilfred Feinberg
Maritime Arbitration And The Federal Courts, Wilfred Feinberg
Fordham International Law Journal
This article argues that arbitration offers a valuable and efficient alternative to the judicial resolution of disputes in a variety of areas, particularly in maritime law.
Defenses To International Antitrust Suits: An Aggregate Approach, Anthony C. Acampora
Defenses To International Antitrust Suits: An Aggregate Approach, Anthony C. Acampora
Fordham International Law Journal
Part I of this Comment will discuss briefly the cases in which the defenses have been asserted. Part I will examine the underlying policies of each defense. In Part II of this Comment each of the defenses will be applied separately to the facts of a recent antitrust case, In re Uranium Antitrust Litigation. Finally, in Part III, the application of the separatist approach to those facts will be critiqued, and an alternative approach to the defenses will be discussed.
In Re Mackin: Is The Application Of The Political Offense Exception An Extradition Issue For The Judicial Or Executive Branch?, Maria P. Imbalzano
In Re Mackin: Is The Application Of The Political Offense Exception An Extradition Issue For The Judicial Or Executive Branch?, Maria P. Imbalzano
Fordham International Law Journal
The purpose of this Note is to examine the opinions of the magistrate and court of appeals in In re Mackin, regarding the issue of whether the courts have jurisdiction to determine the applicability of the political offense exception. Part I of this Note will analyze the language of the applicable extradition statute and will compare the courts' interpretation with that of the government of the United States. Part II will attempt to resolve the jurisdictional issue by examining the language of the political offense exception in recent treaties. Part III will discuss the constitutional effect of the political question …
The "Alternative" Seabed Mining Regime:1981, Dennis W. Arrow
The "Alternative" Seabed Mining Regime:1981, Dennis W. Arrow
Fordham International Law Journal
This article will attempt both to describe the evolution effected by the regulations upon the United States' "alternative" seabed mining regime, and to explore some of the international consequences flowing therefrom.
Inherent Inequities In Affording Offshore Workers Jones Act Recoveries: A Plea For A Uniform Compensation Scheme, William W. Meier Iii
Inherent Inequities In Affording Offshore Workers Jones Act Recoveries: A Plea For A Uniform Compensation Scheme, William W. Meier Iii
Fordham International Law Journal
This comment provides an analysis of existing legislation governing recovery for injuries received by offshore workers and the manner in which these statutes are interpreted and applied by the courts. Part One will examine the various types of drilling rigs employed in the development of offshore resrouces. Parts Two and Three will enumerate the statutory bases of recovery and the development of criteria utilized by the courts in determining the applicability of the provisions of the Jones Act. Finally, Part Four will explore potential alternatives to existing legislation.
Remarks Delivered On The Occasion Of The Seventy-Fifth Anniversary Of Fordham Law School October 1, 1980, Donald F. Mchenry
Remarks Delivered On The Occasion Of The Seventy-Fifth Anniversary Of Fordham Law School October 1, 1980, Donald F. Mchenry
Fordham International Law Journal
Although my work is largely with international lawyers, I often meet lawyers from many walks of life and am struck by how many lawyers seem to doubt the very existence of international law. Layman though I am, I want to lay that misconception to rest. Law is the warp and woof of the fabric that binds us together. Law makes it possible for one hundred and fifty-four nations to deal cooperatively and peacefully with each other over a wide range of issues.
The Protection Of Trading Interests Act Of 1980– Britain's Latest Weapon In The Fight Against United States Antitrust Laws, Arlene Daffada
The Protection Of Trading Interests Act Of 1980– Britain's Latest Weapon In The Fight Against United States Antitrust Laws, Arlene Daffada
Fordham International Law Journal
This Note will review the doctrines and principles which now guide the enforcement of United States antitrust laws in foreign commerce. It will then argue that the United States must choose between two alternative courses of action when responding to the passage of the PTIA. On the one hand, the United States could choose to maintain the status quo by endorsing existing antitrust laws and doctrines applicable to foreign commerce. On the other hand, the United States could respond by reexamining existing laws and considering changes in their scope, function, and and application in the field of foreign commerce. Whichever …
The Alien Tort Statute Of 1789– Political Torture Provides Federal Jurisdiction Under The Statute, Frank A. Russo
The Alien Tort Statute Of 1789– Political Torture Provides Federal Jurisdiction Under The Statute, Frank A. Russo
Fordham International Law Journal
Dr. Joel Filartiga and his daughter Dolly Filartiga, citizens of Paraguay living in the United States,' brought a civil action in United States District Court for the Eastern District of New York against Americo Norbeto Pena-Irala (Pena), also a citizen of Paraguay, for wrongfully causing the death of Dr. Filartiga's son, Joelito, in Paraguay in 1976. Although none of the parties were citizens of the United States and the alleged tort occurred in Paraguay, the Filartigas contended that the court's subject matter jurisdiction was properly based upon the Alien Tort Statute. While the Filartiga decision is bound to have broad-ranged …
Canada's Foreign Investment Review Act Revisited, Barry J. O’Sullivan
Canada's Foreign Investment Review Act Revisited, Barry J. O’Sullivan
Fordham International Law Journal
The regulatory scheme mentioned is the Foreign Investment Review Act (FIRA)passed by the Parliament of Canada in December 1973. The FIRA was a response to a growing nationalist feeling in the early 1970's, from which developed a resentment of the seeming omnipresence of foreign business in the Canadian economy and a fear of the long-term consequences of such presence. In examining the FIRA, this Note will explore the factors that led to passage of the legislation. The Act will be analyzed in depth. Important statutory language will be defined and explained, and the review process of the FIRA will be …
The Evolution Of A New And Viable Concept Of Sovereignty For Outer Space, Linda R. Sittenfeld
The Evolution Of A New And Viable Concept Of Sovereignty For Outer Space, Linda R. Sittenfeld
Fordham International Law Journal
The traditional territorially oriented concept of sovereignty is engaged in a particularly slow and problematical reconciliation with current developments in outer space. This Note will trace the concept of sovereignty as it has evolved into the space age. An examination of early debates regarding sovereignty in outer space reveals that the traditional territorial orientation is slowly being abandoned. Analysis of current issues indicates that while a significant conservative viewpoint continues to exist, a new non-territorial orientation is emerging. This Note will consider the proposition that it is this new non-territorially oriented sovereignty that is viable for outer space.
The Nikkei Case: Toward A More Uniform Application Of The Direct Effect Clause Of The Foreign Sovereign Immunities Act, J. Blair Richardson, Jr.
The Nikkei Case: Toward A More Uniform Application Of The Direct Effect Clause Of The Foreign Sovereign Immunities Act, J. Blair Richardson, Jr.
Fordham International Law Journal
This Note will first examine the general purpose of the Foreign Sovereign Immunities Act and attempt to ascertain the intended meaning of the direct effect clause. It will then compare and contrast the Nikkei court's interpretation of the clause with the interpretations used in the other recent cases in the Southern District involving Nigerian cement contract disputes. Finally, this Note will suggest that the approach used in Nikkei is both correct and consistent with congressional intent as manifested in the legislative history of the Act.
The Marianas Covenant Negotiations, Arnold H. Liebowitz
The Marianas Covenant Negotiations, Arnold H. Liebowitz
Fordham International Law Journal
In September 1969, the United States and the Congress of Micronesia's Joint Committee on Future Status began their negotiations. This article will examine the negotiations which commenced in December 1972 and will concentrate on the three areas which were central points of discussion: the political relationships between the United States and the Northern Marianas; issues of economic development and assistance; and problems of land policy.
The Iranian Hostage Agreements: A Legal Analysis , Gerald T. Mclaughlin, Ludwik A. Teklaff
The Iranian Hostage Agreements: A Legal Analysis , Gerald T. Mclaughlin, Ludwik A. Teklaff
Fordham International Law Journal
The analysis contained in this article is divided into four parts. Part I will analyze the validity of the agreements under the law of treaties. Part II will discuss the power of the President to conclude these agreements. Part III will explore the various constitutional problems raised by requiring American claimants to seek binding third-party arbitration in the International Arbitral Tribunal and by banning the prosecution of claims against Iran hostages. Part IV will discuss the constitutional issues raised by freezing the assets of the estate of the Shah and his family.
The Reinstated Steel Trigger Price Mechanism: Reinforced Barrier To Import Competition, Garry P. Mccormack
The Reinstated Steel Trigger Price Mechanism: Reinforced Barrier To Import Competition, Garry P. Mccormack
Fordham International Law Journal
Early in 1978 the Carter Administration implemented a trigger price mechanism (TPM) to aid the distressed United States steel industry. Although the TPM by its terms is a monitoring system, the controversy it has aroused suggests that its actual function extends far beyond mere monitoring of steel imports. Part I of this Comment will examine the TPM in the context of world steel trade to show how the original system actually functioned, and how the new version is likely to operate. Part II will explore the ways in which this import relief program is inconsistent with traditional United States trade …
Admiralty– The Package Doctrine Of Cogsa § 4(5)– Second Circuit Abandons The "Functional Economics" Test, Lisa Filloramo
Admiralty– The Package Doctrine Of Cogsa § 4(5)– Second Circuit Abandons The "Functional Economics" Test, Lisa Filloramo
Fordham International Law Journal
In Mitsui & Co. v. American Export Lines, Inc., the Court of Appeals for the Second Circuit rejected the "functional economics" test which it had developed in an earlier case as a standard for interpreting section 4(5) of the Carriage of Goods by Sea Act (COGSA). Part One of this Recent Development will discuss the historical development of the problem of carrier liability. Part Two will examine the case law as it has evolved in the Second Circuit since the late 1960's. Part Three will then analyze the Mitsui decision and the impact it has had on the law in …
Law: The Most Powerful Alternative To War, Theodore C. Sorensen
Law: The Most Powerful Alternative To War, Theodore C. Sorensen
Fordham International Law Journal
The single greatest enemy of law is war. I refer not merely to the history of foreign dictatorships where repression is tightened still further at a time of military conflict. No, I refer also, sad to say, to the painful experience of our own country. Legal tradition gave way to military pressure. But cannot law be employed as the single most powerful alternative to war? That is the supreme challenge to your generation of lawyers, if it is not already too late.
The Weakening Grip Of United States Cabotage Law, Robert W. Gruendel
The Weakening Grip Of United States Cabotage Law, Robert W. Gruendel
Fordham International Law Journal
Traditionally, the United States has aspired to the operation of its industries in a system of free enterprise. One of the oldest instances of government intervention in shipping - the cabotage law- was designed to preserve for domestic vessels all trade between domestic points. Recently, however, developments in maritime commerce have led United States courts to an examination of cabotage legislation. The result has noticeably limited the scope of United States coast-wise laws. Specifically, questions have arisen over: 1) the eligibility for coastwise trade of vessels which have been reconstructed from parts of two other ships, 2) the application of …
Termination Of Treaties As A Political Question: The Role Of Congress After Goldwater V. Carter, Howard Konar
Termination Of Treaties As A Political Question: The Role Of Congress After Goldwater V. Carter, Howard Konar
Fordham International Law Journal
The purpose of this Comment is to illustrate a theory of political question jurisprudence which would have allowed the courts to rule that the issue of treaty termination presents a political question without creating unnecessary precedents for the expansion of executive power. Part I will briefly review four leading theories of the political question doctrine, focusing on the difference between exemption of a constitutional issue from judicial review and denial of relief within the context of judicial review. Based on this analysis, Part II will examine the plurality's approach in Goldwater, and explore two alternative approaches for categorizing the issue …
Compensation For "Victims" Of Diplomatic Immunity In The United States: A Claims Fund Proposal, R. Scott Garley
Compensation For "Victims" Of Diplomatic Immunity In The United States: A Claims Fund Proposal, R. Scott Garley
Fordham International Law Journal
This Note will briefly trace the development of diplomatic immunity law in the United States, including the changes adopted by the Vienna Convention, leading to the passage of the DRA in 1978. The discussion will then focus upon the DRA and point out a few of the areas in which the statute may fail to provide adequate protection for the rights of private citizens in the United States. As a means of curing the inadequacies of the present DRA, the feasibility of a claims fund designed to compensate the victims of the tortious and criminal acts of foreign diplomats in …
Letters Of Credit: Exploring The Boundaries Of Injunctions Against Honor, Stephen P. Mclaughlin
Letters Of Credit: Exploring The Boundaries Of Injunctions Against Honor, Stephen P. Mclaughlin
Fordham International Law Journal
Courts have been struggling to determine the proper grounds for the issuance of an "injunction against honor. The purpose of this Note is to analyze exactly which circumstances warrant an injunction against honor. Part I will discuss the origin and development of the relevant law in this area. Part II will analyze those situations in which courts have had to consider issuing injunctions due to active fraud in the underlying transaction. Part III will explore the issue of prospective fraud as a ground for enjoining honor which was raised in the recent Iranian letter of credit litigation.
United States Nuclear Export Controls , Katherine D. Mcmanus, Harry R. Marshall, Jr.
United States Nuclear Export Controls , Katherine D. Mcmanus, Harry R. Marshall, Jr.
Fordham International Law Journal
This article will explore the U.S. nuclear export controls regime. It will initially discuss controls affecting the export of nuclear material, facilities, and specially designed components of nuclear facilities. This section will specifically consider export licensing procedures and requirements, agreements for nuclear cooperation, the specific export criteria for major nuclear cooperation, as well as the necessary policy determination. Then the Article will discuss the procedures and requirements for obtaining a license to export dual-use equipment, the authorization necessary for the export of nuclear technology and the subsequent arrangement process, which further aids in the implementation of U.S. non-proliferation policies.
Income Taxation– Disposition Of Investment In United States Real Property– Enactment Of I.R.C. § 897, John D. Lyons
Income Taxation– Disposition Of Investment In United States Real Property– Enactment Of I.R.C. § 897, John D. Lyons
Fordham International Law Journal
The purpose of this Recent Development is to explain the effects of section 897 in terms of the problems it was designed to remedy. Part I will explore the methods that were used in the past by non-resident aliens and foreign corporations to avoid the payment of capital gains tax on the disposition of real property held in the United States. Part II will examine the newly implemented section 897 to determine how it will be applied and whether it is likely to achieve the goal of equal tax treatment for domestic and foreign investors on the disposition of United …
Opec As A Legal Entity, Laurence Stoehr
Opec As A Legal Entity, Laurence Stoehr
Fordham International Law Journal
Evaluates the legal organization and past operations of OPEC in order to undersatnd it and anticipate in what direction this new economic power is headed.
Treaties– Mexican-American Treaty On The Execution Of Penal Sentences– Custody Of A Prisoner Under The Mexican-American Treaty Is Unlawful When Consent To The Transfer Is Coerced, David Vaida
Fordham International Law Journal
Looks at the arrest of Raymond Bayron Velez, Efran Morales Caban and Pedro Rosado and their relation to the Treaty between the United States of America and the United States Mexican States on the Execution of Penal Sentences (Treaty).
International Consortia: Definition, Purpose And The Consortium Agreement, Joseph Russell Milton
International Consortia: Definition, Purpose And The Consortium Agreement, Joseph Russell Milton
Fordham International Law Journal
This article explores what an international consortium is, offering a definition which establishes the consortium agreement asd the essence of consortium, explains the reasons for using a consortium in large projects and offers soe oractical advice in the formation of a consortium agreement.
The Blocked Chinese Assets– United States Claims Problem: The Lump-Sum Settlement Solution, Charlene M. Levie
The Blocked Chinese Assets– United States Claims Problem: The Lump-Sum Settlement Solution, Charlene M. Levie
Fordham International Law Journal
Reviews briefly the origins of the blocked assets-claims problem and discusses the authority for the original blocking controls and later claims adjudication. Also examines in detail the operative provisions of the claims-assets agreement as an intergovernmental accord embodying the final settlement of the United States claims and affecting the overall context of Sino-American political and economical relations.
Anti-Terrorism: The West German Approach, Kevin G. Horbatiuk
Anti-Terrorism: The West German Approach, Kevin G. Horbatiuk
Fordham International Law Journal
Focuses on the West German gorvernment's political response to terrorism specifically surveying the changes deemed to be necessary in the areas of law enforcement, substantive criminal law and criminal procedure. Also, it considers the reaction to these measures and compares the view of the West German government with that of various critics.