International Law Commons^™

Courting Justice? Legitimation In Lawyering Under Israeli Occupation, George Bisharat

Faculty Scholarship

No abstract provided.

The New Movements In International Economic Law, Joel R. Paul

Faculty Scholarship

No abstract provided.

Shifting The Point Of Regulation: The International Organization For Standardization And Global Lawmaking On Trade And The Environment, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

Scholarly Works

No abstract provided.

The Constitutional Responsibility Of Congress For Military Engagements, Lori Fisler Damrosch

Faculty Scholarship

The U.S.-led military operation in Haiti has unfolded with minimal violence and few casualties so far. That factual proposition – which is necessarily subject to revision – has important ramifications under both U.S. constitutional law and international law. On the constitutional level, the avoidance of hostilities defused what was poised to become a serious confrontation between the President and the Congress. On the international level, doubts in some quarters about the legitimacy of a forcible intervention, although not entirely allayed, were somewhat quieted with the achievement of a negotiated solution, which enabled U.S. troops to bring about the return to …

European Community Law From A U.S. Perspective, George A. Bermann

Faculty Scholarship

Although less than forty years have passed since the founding of the European Economic Community (now the European Community), the lifetime of the Community is well marked temporally. The term of each Commission furnishes a convenient time-line for measuring the Community's progress in legal integration. Since the 1970s, each year has been punctuated by two or more "summit" meetings of heads of state or government. These summits not only are key markings in their own right, but also furnish an occasion for additional monitoring of the Community's state of health. Throughout the 1970s and into the 1980s, the Community submitted …

Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein

Scholarly Works

No abstract provided.

The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli

Scholarly Works

No abstract provided.

International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli

Scholarly Works

No abstract provided.

An Examination Of The Proposed Crime Of Intervention In The Draft Code Of Crimes Against The Peace And Security Of Mankind, John Linarelli

Scholarly Works

No abstract provided.

The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw

Scholarly Works

No abstract provided.

An International Criminal Court For The Future, Daniel H. Derby

Scholarly Works

No abstract provided.

Law And The H-Bomb: Strengthening The Nonproliferation Regime To Impede Advanced Proliferation, Richard L. Williamson Jr.

Articles

No abstract provided.

Global Use/Territorial Rights: Private International Law Questions Of The Global Information Infrastructure, Jane C. Ginsburg

Faculty Scholarship

In the private international law of intellectual property, and particularly of literary and artistic property, the basic principle is territoriality. Each country provides for its own regime of protection of works of authorship. The Berne Convention for the Protection and Literary and Artistic Works and the Universal Copyright Convention oblige their members to respect the rule of national treatment, that is, of non discrimination between domestic and foreign works from member countries. This rule reinforces the principle of territoriality, for it confirms the role of local copyright laws, by requiring that local law apply equally to the protection of local …

The Challenge Of Asian Law, Whitmore Gray

Fordham International Law Journal

Several years ago, when U.S. trade across the Pacific finally surpassed that across the Atlantic, a small group of U.S. lawyers were already responding to the challenge of representing clients in transactions in Asia. While few had had the opportunity to take courses dealing with Asian law during their law school years, many entered the field because of undergraduate language and area studies courses. The challenges seem clear: improve the quantity, and especially the variety, of courses on Asian law; bring Asia into the mainstream of American teaching wherever possible - hopefully as a result of having involved American non-specialist …

The Collapse Of Communism And The Future Of The Korean Peninsula, Stephen J. Solarz

Fordham International Law Journal

Initially rent asunder by the fortunes of the Second World War, the division of North and South Korea into two separate countries was solidified by the Korean War. North of the 38th parallel, the Democratic People's Republic of Korea ("DPRK") became a totalitarian dictatorship based on a command economy. South of the 38th parallel, the Republic of Korea evolved into a liberal democracy with a market economy. For much of the last fifty years, these arrangements seemedto be almost as unchangeable and enduring as the Cold War itself. Yet, the disintegration of the Soviet Union, and the subsequent elimination of …

Freedom Of Religion & Religious Minorities In Pakistan: A Study Of Judicial Practice, Tayyab Mahmud

Fordham International Law Journal

Pakistan's successive constitutions, which enumerate guaranteed fundamental rights and provide for the separation of state power and judicial review, contemplate judicial protection of vulnerable sections of society against unlawful executive and legislative actions. This Article focuses upon the remarkably divergent pronouncements of Pakistan's judiciary regarding the religious status and freedom of religion of one particular religious minority, the Ahmadis. The superior judiciary of Pakistan has visited the issue of religious freedom for the Ahmadis repeatedly since the establishment of the State, each time with a different result. The point of departure for this examination is furnished by the recent pronouncement …

The Emergence Of Diversity: Differences In Human Rights Jurisprudence, Fionnuala Ni Aolain

Fordham International Law Journal

This Article documents the patterns of judicial divergence in the area of non-derogable rights. It examines the increased conservatism of the European Court of Human Rights relative to other international bodies in one specific area; the interpretation and protection of human rights violations in situations of emergency. This Article explores the responses of international courts and tribunals to situations where states have limited the exercise of their citizens' rights as a result of political crisis. These limitations are examined in relation to the agreed obligations of states to protect rights when they sign human rights treaties. Part I looks …

Personal Data Security: Divergent Standards In The European Union And The United States, Amy Fleischmann

Fordham International Law Journal

This Note argues that the U.S. Government should discontinue all attempts to establish EES as the de facto encryption standard in the United States because the economic disadvantages associated with widespread implementation of EES outweigh the advantages this advanced data security system provides. Part I discusses the EU's legislative efforts to ensure personal data security and analyzes the evolution of encryption technology in the United States. Part II examines the methods employed by the U.S. Government to establish EES as the de facto U.S. encryption standard. Part III argues that the U.S. Government should terminate its effort to establish EES …

Europol: The Culmination Of The European Union's International Police Cooperation Efforts, Francis R. Monaco

Fordham International Law Journal

This Comments argues that the Europol Convention will be an effective and workable mechanism for countering international crime within the European Union, and therefore should be ratified by Member States. Part I discusses the theoretical basis for international police cooperation, and analyzes the agreements and initiatives among EU Member States which predate Europol. Part II examines the obstacles that have delayed the completion of the Europol Convention, as well as the particular aspets of the Convention that may delay or prevent its ratification. Part III argues that existing EU Member States' agreements permit Europol to contribute substantially to EU police …

Who Will Guard The Guardians?, Elie Wiesel

Fordham International Law Journal

Introduction: In the former Yugoslavia, in certain parts of the former Soviet empire, in Sri Lanka, in India and in Nigeria and, of course, in the Middle East blood continues to flow. One only has to look at Bosnia: in the past the soldiers of Radovan Karadzic amused themselves by ridiculing the Blue Berets - the United Nations peacekeepers. Why not admit it? We have simply failed to intervene quickly enough to stop past crimes.

Reconciliation: Applying Historical Lessons To Modern Conflicts, Lord David Owen

Fordham International Law Journal

Some argue that the need for reconciliation to override justice particularly applies in civil wars. Within the ICFY, all draft peace settlements and countless bilateral and trilateral statements signed by the parties have included a condemnation of ethnic cleansing and a declaration that any documentation signed under duress is null and void. This author believes that demonstrating to the world again that there are international laws governing individual conduct during war will contribute to the process of reconciliation in the former Yugoslavia and send a wider message to the world as a whole. This is the reconciliation process.

The Destruction Of Yugoslavia, Svetozar Stojanovic

Fordham International Law Journal

If my statement about the first Yugoslavia being in many ways a non-synchronized and contradictory state is correct, what then can be said about the second Yugoslavia that endeavored, by keeping silent, to fill in the fatal fissure opened in Jasenovac and other places of annihilation of Serbs in the so-called Independent State of Croatia during the Second World War? For that reason, the former intermediator of the "international community" in Yugoslav conflicts, Lord Carrington, has repeatedly stated that with its new Constitution, Croatia rekindled the conflict with the Serbs.

Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves

Fordham International Law Journal

This Article reviews the Uruguay Round Agreements and examines the implications of this new multilateral trading system on U.S. sovereignty. Specifically, this Article reviews the new dispute settlement process and the relevant U.S. legislation. Part I provides an overview of the Uruguay Round Agreements. It reviews the Agreement Establishing the WTO and the Understanding on Rules and Procedures Governing the Settlement of Disputes. Part II provides an overview of the U.S. implementing legislation. Part III reviews the proposed Dispute Settlement Review Commission. Part IV examines the implications of the Uruguay Round Agreements on U.S. sovereignty. Specifically, it analyzes the impact …

Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler

Fordham International Law Journal

This Article analyzes the Investment Law and its prospects for encouraging foreign businesses to invest in Gaza and the West Bank (collectively, "Palestinian Territories").

Informed Choice And Population Policy: Do The Population Policies Of China And The United States Respect And Ensure Women's Right To Informed Choice?, L. M. Cirando

Fordham International Law Journal

This Note argues that, in light of the veiws emphasized at the Cairo Conference, the population policies of China and the United States violate women's rights by denying women the opportunity to make voluntary choices regarding child-bearing and fertility regulation. Part I discusses the involvement of the United Nations with population policy-making and summarizes two U.N.-sponsored international population policy action plans. Part II presents the population policies of China and the United States, examines their rationales for implementation, and explains how the policies affect women's reproductive choices. Part III argues that the population policies of China and the United States …

The Taxation Of Deferred Compensation Under I.R.C. § 864(C)(6) And Income Tax Treaties: A Rose Is Not Always A Rose, Meenakshi Ambardar

Fordham International Law Journal

This Comment argues that Section 864(c)(6) taxes the deferred income of all nonresident aliens, whether independent contractors or dependent employees, by analyzing the tax treatment of nonresident aliens subject to the Dutch and Swiss Treaties. Part I discusses the general rules for taxing aliens for compensation earned in the United States. Part II discusses TAMRA's amendments to the Code sections that are relevant to tax treaties. Part III argues that while the language of Section 864(c)(6) is ambiguous, its legislative history and the principles of other Code sections indicate that Section 864(c)(6) provides for a net tax of a nonresident …

Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque

Fordham International Law Journal

This review critiques "The International Law on the Rights of the Child" by Professor Van Bueren.

Aron Broches, Selected Essays: World Bank, Icsid And Other Subjects Of Public And Private International Law, Victor Essien

Fordham International Law Journal

This book contains twenty-five essays and is divided into six parts: (1) the International Bank for Reconstruction and Development; (2) Registration of Treaties and International Agreements; (3) the International Center for the Settlement of Investment of Disputes; (4) International Commercial Arbitration; (5) Investment Disputes; and (6) a section devoted to miscellaneous topics.

Who Will Guard The Guardians?, Elie Wiesel

Fordham International Law Journal

Introduction: In the former Yugoslavia, in certain parts of the former Soviet empire, in Sri Lanka, in India and in Nigeria and, of course, in the Middle East blood continues to flow. One only has to look at Bosnia: in the past the soldiers of Radovan Karadzic amused themselves by ridiculing the Blue Berets - the United Nations peacekeepers. Why not admit it? We have simply failed to intervene quickly enough to stop past crimes.

Today, the greatest danger that threatens the world is fanaticism. By the time we are aware of it, it is already too late. At what …