Open Access. Powered by Scholars. Published by Universities.®

International Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

1995

Discipline
Institution
Keyword
Publication
Publication Type

Articles 481 - 510 of 511

Full-Text Articles in International Law

The Use Of Force In A United Nations Peace-Keeping Operation: Lessons Learnt From The Safe Areas Mandate, Yasushi Akashi Jan 1995

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. Since its inception, UNPROFOR has faced an extraordinary amount of international …

Go to article

Reconciliation: Applying Historical Lessons To Modern Conflicts, Lord David Owen Jan 1995

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 piece will examine the reconciliation process …

Go to article

The Destruction Of Yugoslavia, Svetozar Stojanovic Jan 1995

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. The essay will begin by discussing discuss the paralization to …

Go to article

The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor Jan 1995

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. Two sets of powerful images - one reflective of the limitations of international peace-keeping in situations where there is no peace to keep, the other seemingly demonstrating the potential of the use of force to promote peace in the same situation - frame the context of this discussion. If peace-keeping 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 …

Go to article

Lost Sovereignty? The Implications Of The Uruguay Round Agreements, William J. Aceves Jan 1995

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 …

Go to article

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. Jan 1995

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 …

Go to article

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 Jan 1995

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 …

Go to article

Aron Broches, Selected Essays: World Bank, Icsid And Other Subjects Of Public And Private International Law, Victor Essien Jan 1995

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

Fordham International Law Journal

With the possible exception of international peace and security, global economic development has been the dominant theme in international law and international relations since the end of the Second World War. The tenor and intensity has varied over the decades, but the objectives, centering on institutional arrangements and programs to promote the global economy, have remained the same. Broches' collection of essays, originally written between 1957 and 1992, attests to his intimate knowledge of the workings of the IBRD and its related agencies. In addition to providing both the history and the jurisprudential analysis of these institutions, these essays constitute …

Go to article

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 Jan 1995

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 …

Go to article

Two Years After Keck, Laurence W. Gormley Jan 1995

Two Years After Keck, Laurence W. Gormley

Fordham International Law Journal

This Essay begins by rejecting the reasoning of the joined cases Keck & Mithouard. After discussing what passes for reasoning in this case, this Essay examines the case law before and after Keck in order to attempt to draw some conclusions about the consequences of Keck for the earlier case law and about the application of Article 30 since Keck. In part through a comparison with recent case law on EC Treaty Article 59, the conclusion is that the case law on Article 30 has developed in an extremely unfortunate and unsystematic direction, but also that the unity of the …

Go to article

Eu Cross-Border Securities Offerings: An Overview, Giovanni Nardulli, Antonio Segni Jan 1995

Eu Cross-Border Securities Offerings: An Overview, Giovanni Nardulli, Antonio Segni

Fordham International Law Journal

This Essay gives a general overview of the EC securities regulations and their influence on the offerings of securities involving several EU markets, with a particular focus on the disclosure requirements and the registration of prospectuses. This Essay will also discuss some regulatory concerns regarding the use of licensed intermediaries and their role in organizing a multi-jurisdictional securities offering. Lastly, this Essay will examine the debate on the reconciliation of various accounting principles and disclosure standards, an issue that is presently regarded as a priority on regulators' agenda, and one which will certainly affect the accounting practices adopted by global …

Go to article

Oligopolies And Antitrust Law, Enrico Adriano Raffaelli Jan 1995

Oligopolies And Antitrust Law, Enrico Adriano Raffaelli

Fordham International Law Journal

This Essay aims to examine the application of antitrust law to the conscious parallelism characteristic of oligopolistic markets, with special emphasis on European Community and Italian laws.

Go to article

Ec Competition Law In The Telecommunications, Media, And Information Technology Sectors, Herbert Ungerer Jan 1995

Ec Competition Law In The Telecommunications, Media, And Information Technology Sectors, Herbert Ungerer

Fordham International Law Journal

The application of European Community (“EC”) competition law to the telecommunications, media, and information technology sectors must be examined in the general context of the rapid evolution of markets and, therefore, policies in these sectors. The competitive behavior of companies is largely conditioned by the positions companies have taken in response to the rapid changes in market and regulatory conditions. Potentially anticompetitive behavior generated by these rapid changes poses new challenges for EC competition policy. In addition, the required adjustment of the competitive framework and, in particular, the role played by EC competition rules in eliminating existing monopolies, are creating …

Go to article

Privatization And Ec Competition Law, Mario Siragusa Jan 1995

Privatization And Ec Competition Law, Mario Siragusa

Fordham International Law Journal

This Article will first review whether and how EC competition and state aid rules are applicable to privatizations, emphasizing issues peculiar to the privatization process. Other EC law principles that are relevant in the context of privatizations, such as freedom of establishment and investment, and public procurement rules will also be discussed.

Go to article

The Bosman Case: Protecting Freedom Of Movement In European Football, Andrew L. Lee Jan 1995

The Bosman Case: Protecting Freedom Of Movement In European Football, Andrew L. Lee

Fordham International Law Journal

This Comment argues that the IGC should reject proposals to exempt sports associations from Community law, because freedom of movement for workers is a strictly protected right of fundamental importance to the European Union and because the public's interest in sport and the sporting associations' interest in maintaining financial and competitive balance between clubs are better served by alternatives to the transfer system that do not obstruct freedom of movement. Part I discusses the importance of the common market in the European Union and outlines Community law designed to maintain the common market. Part I also discusses application of those …

Go to article

In Recollection Of A Peace-Maker, Shimon Peres Jan 1995

In Recollection Of A Peace-Maker, Shimon Peres

Fordham International Law Journal

Yitzhak Rabin was a unique man in so many ways. He was introspective and analytical, incisive and sagacious, discerning and decisive. He could be boldly forthright and extraordinarily self-effacing. His intellectual integrity could cut like a scalpel. As a soldier he was a brilliant strategist and as a peace maker he was a visionary. His courage was rock-like. He was a rare leader of Israel and a statesman of world renown. No man understood that better than my predecessor. And since I believe with all my heart that the future peace and stability of our region and, indeed, the construction …

Go to article

Policy And Principles: The Clinton Administration's Approach, James B. Steinberg Jan 1995

Policy And Principles: The Clinton Administration's Approach, James B. Steinberg

Fordham International Law Journal

In last night's State of the Union message, President Clinton challenged the United States to sustain our role as the leader in the fight for freedom and peace. Three years of American leadership by President Clinton have already produced great benefits for the American people and for the world community. Through determination and the exercise of American leadership, we have repeatedly turned challenges into real gains for Americans. In the Office of Policy Planning, we often are torn between helping to coordinate day-to-day policy and longer-term planning. In our fast-forward world, long-term sometimes means next Monday, and history is what …

Go to article

The Jerusalem Embassy Act, Malvina Halberstam Jan 1995

The Jerusalem Embassy Act, Malvina Halberstam

Fordham International Law Journal

The Jerusalem Embassy Act of 1995 (“Act”) was introduced to move the U.S. Embassy in Israel to Jerusalem. In addition to policy issues, which have been the subject of considerable debate, the Act raises interesting questions concerning the scope of congressional and executive authority in the conduct of foreign affairs, and the extent to which Congress can use its appropriations power to influence executive action in this area. President Clinton opposed the Dole-Kyl Bill on policy grounds and the Justice Department prepared a memorandum (“Memorandum”) arguing that the Dole-Kyl Bill is unconstitutional. Essentially, the Memorandum argued that the Bill: (1) …

Go to article

Palestinian Economic Progress Under The Oslo Agreements, Mel Levine Jan 1995

Palestinian Economic Progress Under The Oslo Agreements, Mel Levine

Fordham International Law Journal

The Palestinian Authority and the Government of Israel have appointed official liaisons to Builders for Peace both to symbolize their endorsement and to facilitate the process where possible. The U.S. Government has provided modest operating funds in support of the effort out of its foreign assistance budget. The World Bank, the Departments of State and Commerce, the U.S. Trade Representative, the U.S. Trade and Development Agency (“TDA”), the U.N. Development Project (“UNDP”), the U.S. Ambassadors and Consuls General in the region and the U.S. Congress have all been consistent supporters of the mission. Individually and collectively, each has endorsed the …

Go to article

Legal And Structural Hurdles To Achieving Political Stability And Economic Development In The Palestinian Territories, Keith C. Molkner Jan 1995

Legal And Structural Hurdles To Achieving Political Stability And Economic Development In The Palestinian Territories, Keith C. Molkner

Fordham International Law Journal

As the institutions of Palestinian self-government have evolved, it has become increasingly apparent that the principal challenge for Palestinian decision-makers will be to establish structural and legal bases for the emergence of a civil society and a dynamic economy. The hurdles that confront Palestinian decision-makers in this regard are considerable, and may be divided into two groups. First, Palestinian leaders must recognize and resolve the “structural” challenges reflected in the political and economic realities imposed by current events. These include the peace process with Israel, the creation of the Palestinian National Authority (“PNA”), and the more recent creation of the …

Go to article

Straight Talk About A Complex Issue: The U.S. Standard Of Judicial Review Of Antidumping And Countervailing Duty Determinations: An Important Challenge For Nafta Panels, Stephen J. Powell, Elizabeth C. Seastrum Jan 1995

Straight Talk About A Complex Issue: The U.S. Standard Of Judicial Review Of Antidumping And Countervailing Duty Determinations: An Important Challenge For Nafta Panels, Stephen J. Powell, Elizabeth C. Seastrum

Fordham International Law Journal

One of the most important and controversial legal issues arising in connection with binational dispute settlement panels under the North American Free Trade Agreement (“NAFTA”) and its predecessor, the United States-Canada Free Trade Agreement (“CFTA”), has been the standard of judicial review that panels must apply to U.S. antidumping (“AD”) and countervailing duty (“CVD”) cases. This standard generated particular controversy in three cases involving substantial amounts of trade from Canada into the United States -- lumber, swine, and frozen pork. The United States contended that panels reviewing U.S. agencies' decisions in those cases incorrectly applied the standard of review by …

Go to article

Now That The Fog Has Lifted: The Impact Of Japan's Administrative Procedures Law On The Regulation Of Industry And Market Governance, Ken Duck Jan 1995

Now That The Fog Has Lifted: The Impact Of Japan's Administrative Procedures Law On The Regulation Of Industry And Market Governance, Ken Duck

Fordham International Law Journal

This Comment argues that the APL will help transform Japan's informal regulatory style into a market-based regulatory structure that will foster improved efficiency and other benefits associated with market-based regulations. Part I discusses the development of informal administrative decision-making methods within Japan, analyzes the lack of judicial review of administrative guidance, and examines the process of administrative guidance. Part I also examines the factors that contributed to the enactment of the APL, to both limit and refine the administrative guidance process. Part II discusses the APL in light of the previous procedural inadequacies of the administrative guidance process, highlights new …

Go to article

The Security Situation In East Asia And The Pacific And Japan's Role & Japan-U.S. Joint Declaration On Security, Kunihiko Saito Jan 1995

The Security Situation In East Asia And The Pacific And Japan's Role & Japan-U.S. Joint Declaration On Security, Kunihiko Saito

Fordham International Law Journal

After the end of the Cold War, a number of welcome indications, such as attaining peace in Cambodia and the admission of Vietnam to ASEAN membership, signaled that the Asian-Pacific region was headed into a more predictable era. The Asian countries were becoming more mature politically, and this political stability in turn engendered eye-opening economic growth. However, the end of the Cold War in and of itself, did not remove any of the various causes of tension and confrontation in Asia. In northeastern Asia in particular, destabilizing factors continue to exist unabated: a divided nation remains, territorial disputes continue, a …

Go to article

Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris Jan 1995

Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris

Fordham International Law Journal

This Essay first reviews the recent initiatives on fighting international crime and then suggests the need for a regional initiative on international criminal cooperation and criminal justice. The Author makes the proposal almost ten years after suggesting the establishment of the Inter-American Drug Abuse Control Commission (“CICAD”), whose creation was suggested as the precursor to a more comprehensive Americas Committee on Crime Problems.

Go to article

Partners Against Crime: Joint Prosecutions Of Israeli Organized Crime Figures By U.S. And Israeli Authorities, Abraham Abramovsky Jan 1995

Partners Against Crime: Joint Prosecutions Of Israeli Organized Crime Figures By U.S. And Israeli Authorities, Abraham Abramovsky

Fordham International Law Journal

This article discusses the criminal case of Israel v. Mizrahi and Reisch, which is the largest joint prosecution—between U.S. and Israeli law enforcement authorities—ever undertaken against Israeli organized crime figures for acts committed outside Israel’s borders.

Go to article

International Law's Contribution To Security In The Post-Cold War Era: From Functional To Political And Beyond, Matthew H. Adler Jan 1995

International Law's Contribution To Security In The Post-Cold War Era: From Functional To Political And Beyond, Matthew H. Adler

Fordham International Law Journal

This Essay discusses the progress that has been made in the post-Cold War world to bring international law’s contribution to political areas into line with its longstanding contribution to functional ones. It uses three issues—human rights and the commission of war crimes; international trade; and the use of force by States—to show how international law has been used to achieve concrete results and to highlight the challenges that remain.

Go to article

Corporate Initiatives: A Second Human Rights Revolution?, Douglass Cassel Jan 1995

Corporate Initiatives: A Second Human Rights Revolution?, Douglass Cassel

Fordham International Law Journal

This Essay examines the role of multinational corporations in protecting human rights around the globe. Part I analyzes the conduct of corporations, describes examples of corporations' involvement in human rights violations, and discusses the merits of greater responsibility of corporations. Part II suggests that the level of responsibility for a multinational corporation depends on the proximity of the corporation's operations to human rights violations, in combination with the seriousness of the violations, and proposes five gradations of responsibility. This Essay concludes that the evolving nature of the global economy is producing a shift in responsibilities from government to the private …

Go to article

The Nuclear Non-Proliferation Treaty's Obligation To Transfer Peaceful Nuclear Energy Technology: One Proposal Of A Technology, Seth Grae Jan 1995

The Nuclear Non-Proliferation Treaty's Obligation To Transfer Peaceful Nuclear Energy Technology: One Proposal Of A Technology, Seth Grae

Fordham International Law Journal

This Essay discusses the technology transfer provisions of the Treaty on the Non-Proliferation of Nuclear Weapons (“NPT”) and describes the Radkowsky Thorium Reactor, which is being developed as a peaceful nuclear energy technology.

Go to article

Organized Crime And Corruption In Russia: Implications For U.S. And International Law, Scott P. Boylan Jan 1995

Organized Crime And Corruption In Russia: Implications For U.S. And International Law, Scott P. Boylan

Fordham International Law Journal

This Essay discusses organized crime and corruption in Russia and their effects on US businesses and US foreign policy. This Essay recommends that US businesses operating in Russia take steps to ensure that their local offices and representatives in Russia are not violating the anti-bribery laws of the United States. This Essay also recommends that the US Government create a procedure for Russian and foreign businesses, in cooperation with the Russian Government, for reporting requests for bribes from Russian Government officials. Finally, this Essay recommends that US anti-bribery laws be amended to provide US businesses with the right to commence …

Go to article

Competing Visions Of The Jewish State: Promoting And Protecting Freedom Of Religion In Israel, Basheva E. Genut Jan 1995

Competing Visions Of The Jewish State: Promoting And Protecting Freedom Of Religion In Israel, Basheva E. Genut

Fordham International Law Journal

This Note argues that religion and state cannot be separated in Israel. Part I presents the historical connection between the Jewish nation and the land of Israel and its impact on Israel's legal system. Part I also examines the current legal status of Jewish law in Israel. Part II discusses proposed models for resolving the religion-state conflict in Israel. Part III defends the integration of Jewish law into Israeli law, arguing that incorporating only the national and cultural elements of Judaism into Israeli policy, while ignoring its religious components, is insufficient to sustain the notion of Israel as a Jewish …

Go to article

First Prev Next Last