International Law Commons^™

The Concept Of Customary International Law, Daniel M. Bodansky

Michigan Journal of International Law

Review of Custom in Present International Law by Karol Wolfke

Death Penalty, Henry G. Schermers

Michigan Journal of International Law

Review of The Abolition of the eath Penalty in International Law by William A. Schabas

Liberalizing International Trade In Legal Services: A Proposal For An Annex On Legal Services Under The General Agreement On Trade In Services, Michael J. Chapman, Paul J. Tauber

Michigan Journal of International Law

The legal services industry is experiencing a fundamental transformation. Thirty years ago, legal markets were almost exclusively national; today, a global legal market is emerging and evolving at a considerable pace. Unfortunately, further globalization is hindered by the failure of national regulatory systems to respond effectively. Globalization has made domestic regulation more difficult because it increases the complexity of the interactions between lawyers, the legal system, and the authorities responsible for regulating the legal profession. As the process of globalization has blurred the distinction between national and international legal issues, an international regulatory regime governing transnational legal practice has become …

The 1994 Inter-American Convention On The Law Applicable To International Contracts, And Trends For The 1990s, Harold S. Burman

Vanderbilt Journal of Transnational Law

This Article emphasizes the importance of teaching transnational materials in the conflict of laws class. The rapid development of the "global village" has increased the importance and need for law students to understand how conflicts issues are resolved throughout the world. A failure to address transnational issues will leave students unprepared for the world, especially the legal marketplace, that they will enter after law school.

The author suggests that the traditional study of public international law, regarding the law governing relations between states, as well as the law between states and intergovernmental and nongovernmental organizations, is insufficient for contemporary law …

U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko

LLM Theses and Essays

Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …

Commentary On William V. O'Brien's "Just War Doctrine's Complementary Role In The International Law Of War", William G. Eckhardt

Faculty Works

No abstract provided.

China's Intellectual Property Protection: Prospects For Achieving International Standards, Derek Dessler

Fordham International Law Journal

This Comment presents the intellectual property protection laws of China and examines whether these laws, when combined with the 1995 Accord, will lead to improved intellectual property protection in China. Part I discusses the General Agreement on Tariffs and Trade's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), and the established standards for intellectual property rights protection. Part I also examines China's intellectual property laws and regulations. Part II analyzes the impediments to effective intellectual property rights enforcement in China. Part III argues that China's intellectual property rights laws fail to meet the international intellectual property rights standard embodied …

The Quest For A Bosnian Constitution: Legal Aspects Of Constitutional Proposals Relating To Bosnia, Paul C. Szasz

Fordham International Law Journal

The analogue in international politics is the three-party conflict in Bosnia-Herzegovina, a quagmire in which first Europe and then the entire world have become stuck. The complexity of the problem reflects not only the intensity of the hatreds that have been fanned between the parties and must now be accounted for in any solution, but that two of the primary parties have immediate support in neighboring countries that also have their own bilateral problems to resolve; furthermore, each of these actors has, for historical or other motives, its own important patrons among the leading powers of the world. This Essay …

The Quest For A Bosnian Constitution: Legal Aspects Of Constitutional Proposals Relating To Bosnia, Paul C. Szasz

Fordham International Law Journal

The analogue in international politics is the three-party conflict in Bosnia-Herzegovina, a quagmire in which first Europe and then the entire world have become stuck. The complexity of the problem reflects not only the intensity of the hatreds that have been fanned between the parties and must now be accounted for in any solution, but that two of the primary parties have immediate support in neighboring countries that also have their own bilateral problems to resolve; furthermore, each of these actors has, for historical or other motives, its own important patrons among the leading powers of the world.

United Nations Justice Or Military Justice: Which Is The Oxymoron? An Analysis Of The Rules Of Procedure And Evidence Of The International Tribunal For The Former Yugoslavia, Joseph L. Falvey, Jr.

Fordham International Law Journal

This Article compares the protections and rights provided an accused before the Tribunal with those protections and rights provided an accused before U.S. courts-martial. Part I provides an overview of the statute creating the Tribunal and identifies the general principles the statute appears to advance. Part II analyzes the Tribunal's procedural and evidentiary rules, compares these rules to the analogous military rules, and discusses how well the Tribunal rules comport with the general principles advanced by the statute. This Article concludes that the Tribunal rules, although fundamentally sound, are not as protective of the individual rights of the accused as …

The Inter-American Convention On The Law Applicable To International Contracts: Another Piece Of The Puzzle Of The Law Applicable To International Contracts, Susie A. Malloy

Fordham International Law Journal

This Note argues that the United States should not adopt the ICLAIC in its present form because doing so will compromise the existing U.S. framework for U.S. contract law. Part I discusses the current legal framework of contracts for the sale of goods in the United States, including: the major provisions of the United Nations Convention on Contracts for the International Sale of Goods and Article 2 of the Uniform Commercial Code. Part II discusses the three principal objectives of the ICLAIC by analyzing its Preamble and illustrating the provisions intended to accomplish these goals. Part III recognizes the theoretical …

Dedication To Ole Due, Gil Carlos Rodríguez Iglesias

Fordham International Law Journal

It is a great pleasure for me to write a few words in tribute to my former colleague and friend Ole Due. Over the past three decades, as a civil servant, a teacher, a judge, and President of the EC Court of Justice, Ole Due has strived and succeeded in making a substantial and valuable contribution to the development and understanding of European Community law.

Judicial Protection Of The Individual By The European Court Of Justice, David O'Keefe

Fordham International Law Journal

This Essay focuses on one aspect of the work of the European Court, that of judicial protection of the individual, an area where it appears that the Court has taken steps towards the creation of a common law for Europe, or ius commune.

How To Improve Compliance With European Community Legislation And The Judgments Of The European Court Of Justice, Rolf Wägenbaur

Fordham International Law Journal

It is well known that Member States of the European Community (“EC”) do not always comply with Treaty provisions or with directly applicable secondary Community legislation. There are, however, legal remedies in the case of noncompliance of Treaty provisions or directly binding regulations. Citizens may bring claims against Member States in national courts or may lodge a complaint with the Commission. The situation is more complicated with claims based on directives because directives must be implemented by Member State legislation. Member States are responsible for adapting their existing legislation or establishing new legislation. Often, this is done late, long after …

The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor

Fordham International Law Journal

Peace-keeping today is in flux, if not in crisis. If it is to serve as a useful instrument in the maintenance of international peace and security, it needs conceptual clarity, political support, and financial resources. For peace-keeping to remain effective in a changing world, its credibility must not be jeopardized by the application of peace-keeping to inappropriate situations, by the issuance of mandates unsupported by doctrinal consistency or military means, or by the undermining of its authority by attempts to reconcile peace-keeping with war-making under the rubric of peace-enforcement.

The Notion Of Ancillary Restraints Under Ec Competition Law, F. Enrique González Díaz

Fordham International Law Journal

This Article examines the scope of the so-called ancillary restraints doctrine under European Community (“EC”) competition law and the legal consequences of its implementation in light of the administrative practice of the European Commission and the case-law of the European Court of Justice (“Court of Justice” or “Court”).

Ideal Standard V. Iht: In The European Union, Must A Company Surrender Its National Trademark Rights When It Assings Its Trademark?, Gregory W. Hotaling

Fordham International Law Journal

This Comment argues that, given the consumer dependence on trademarks to distinguish between goods of varying quality, the ECJ made the correct holding in Ideal Standard. This Comment also argues, however, that the Court should have expressly limited its holding to trademarks, distinguishing them from other forms of intellectual property. Part I presents the historical background that underlies the conflict between national trademark rights and the Free Movement of Goods principle within the European Union. Part II discusses the ECJ's doctrines before Ideal Standard, which attempted to reconcile this conflict, and examines the Ideal Standard modification of the consent doctrine …

Reaffirming Faith In The Dignity Of Each Human Being: The United Nations, Ngos, And Apartheid, Ibrahim J. Gassama

Fordham International Law Journal

This Article explores serious questions that remain about the U.N. role in human rights struggles following the South African elections. Are there structural barriers that prevent the United Nations from acting more rapidly and decisively on human rights matters? What role does the United Nations have in the human rights struggle beyond the mechanics of electoralism and attainment of formal political equality? How can human rights non-governmental organizations (“NGOs”) help the United Nations become more effective in its human rights work? The fifty-year global campaign against state-directed racial oppression in South Africa provides lessons that help answer such questions. This …

Turkey-Greece Relations, Nuzhet Kandemir

Fordham International Law Journal

This article discusses the relationship between Turkey and Greece after the collapse of the Soviet Union. The discussion also focuses on Greek Orthodoxy as a point of contention.

Developing A Documentary Credit Dispute Resolution System: An Icc Perspective, S. Isabella Chung

Fordham International Law Journal

Spurred by the expansion of world trade and the increasing number of disputes involving documentary credits -- a global market now estimated at a staggering US$500 billion in letters of credit outstanding -- the International Chamber of Commerce's (“ICC”) is currently developing rules for the resolution of disputes arising from letters of credit issued under the Uniform Customs and Practices for Documentary Credits (“UCP”). The ICC's ongoing work in this area raises a host of issues related to the sufficiency of existing dispute resolving mechanisms. The ICC's initiative also provides a useful platform for evaluating the benefits and problems of …

The Rule Of Law Over The Law Of Rulers: The Treatment Of De Facto Laws In Argentina, Tim Dockery

Fordham International Law Journal

This Note argues that Argentina's acceptance of de facto laws, regardless of their nature, hinders the transition to democracy, a factor that outweighs considerations for the public's expectations of rights vested by de facto laws. Part I analyzes Argentina's political history, particularly the nation's experiences with constitutional and de facto governments. Part I also offers a synopsis on how the Argentine Supreme Court has treated de facto laws throughout the Republic's history. Part II presents arguments supporting the legitimacy of de facto laws and the need to protect expectations based upon them. Part II also examines arguments positing that de …

Is International Law Ready For The Information Age?, M. E. Bowman

Fordham International Law Journal

This Essay discusses the challenges to protect the public from a myriad of harms related to new, and poorly understood, vulnerabilities arising from the frontier of cyberspace and how international law can offer protection against the global potential for harm.

The Enhancement Of Political And Military Stability In The Former Yugoslavia Through The Use Of International Law: Annex 1-B Of The General Framework Agreement, Bonnie Jenkins

Fordham International Law Journal

This Essay examines how Annex 1-B on Regional Stabilization of the General Framework Agreement for Peace in Bosnia and Herzegovina (“GFA”) can achieve a political solution to conflicts in the former Yugoslavia through the limitation and transparency of the military forces and conventional weapons of the Parties.

Extradition And Individual Rights: The Need For An International Criminal Court To Safeguard Individual Rights, Kai I. Rebane

Fordham International Law Journal

This Note argues that nations, in their zeal to prosecute terrorists and pursue fugitives, are trampling on the same fundamental human rights they espouse in the international forum. Part I traces the history of extradition and its safeguards. Part II analyzes problems in modern extradition law and explores the arguments for and against the development of an international standard. Part III argues that current extradition practices violate international law and proposes that an International Criminal Court be established to provide a neutral forum for extradition hearings that will protect rights established by international law. This Note concludes that extradition procedures …

Restructuring Rules Of Origin In The U.S.-Israel Free Trade Agreement: Does The Ec-Israel Association Agreement Offer An Effective Model?, Allan S. Galper

Fordham International Law Journal

This Note argues that the rules of origin in the U.S.-Israel FTA must be reformed to improve the opportunities for trade between the United States and Israel and to facilitate greater economic cooperation among the countries in the Middle East. Part I discusses the benefits of FTAs, presents the rules of origin that the United States uses in different agreements, including the current U.S.-Israel FTA, and examines the European Community's rules of origin and the rules of origin in the EC-Israel FTA. Part II examines the recently-concluded EC-Israel Association Agreement and compares its rules of origin to those in the …

The Use Of Force In A United Nations Peace-Keeping Operation: Lessons Learnt From The Safe Areas Mandate, Yasushi Akashi

Fordham International Law Journal

The United Nations Protection Force for the former Yugoslavia ("UNPROFOR" or "Force") was established to deter attacks on the safe areas with the use of force, to promote the withdrawal of non-Government forces from the area, and to safeguard the delivery of humanitarian aid. UNPROFOR's experience in Bosnia, particularly in the safe areas, provides a cautionary lesson on the limits of the use of force when sustained political will to back such force, and a willingness to accept the responsibilities and consequences arising from such action, do not exist.

Vietnam: Potential Market And New Opportunities, Ngo Quang Xuan

Fordham International Law Journal

During the past five years, Vietnam has achieved the best economic development in its independent history. Vietnam is also experiencing increased levels of foreign investment and export trade. Normalization of relations between the United States and Vietnam will create more favorable conditions for trade and investment between the two countries. In 1991, the Government of Vietnam approved the Strategy for Socio-Economic Stabilization and Development Until the Year 2000 ("Strategy"). The basic concept of the Strategy is to place human beings at the center of development and to promote the potentials of individuals, communities, and the whole nation. The strategy also …

The Law Of The Non-Navigational Uses Of International Watercourses: Dilemma For Lower Riparians, Reaz Rahman

Fordham International Law Journal

Today, three factors relating to fresh water sources are universally recognized: first, fresh water is a finite and shrinking resource, essential to sustain life, development, and the environment; second, the effective development and management of fresh water resources requires the participation and cooperation of all users, planners, and policy makers; and third, fresh water has an economic value in all its compelling uses and should, therefore, be recognized as an economic good. More than two decades ago, recognizing that many nations share international watercourses, members of the international community felt that an agreement was needed to codify the rules regulating …

Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo

Faculty Scholarship

No abstract provided.