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1997

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Articles 331 - 360 of 510

Full-Text Articles in International Law

Energy Outlook And Consumption, Arthur Andersen Jan 1997

Energy Outlook And Consumption, Arthur Andersen

Fordham International Law Journal

Speech given at Session 3: Challenge Facing Resource Development. Mr. Andersen presented is a set of projections rooted in what we understand to be the current regimes of policy in the United States and elsewhere. Three key propositions inform considerations regarding long-term energy market developments: the prospect for energy demand growth is substantial and will be based on fossil fuels; growth will be centered in developing countries, particularly Asia, where living standards are rising; thanks to technological know-how, resource availability will not constrain energy supply development.

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Dominant Strategic Themes Of The Natural Resource Industry, Robin G. Adams Jan 1997

Dominant Strategic Themes Of The Natural Resource Industry, Robin G. Adams

Fordham International Law Journal

SSpeech given at Session 3: Challenge Facing Resource Development. Mr. Adams highlighted the dominant strategic themes that he believes will characterize the natural resource industry as we enter the new century. It should be a period of solid underlying growth for mineral demand, although he added that periodic interruptions reflecting the usual cycles in the world economy will occur. Against this market background, the industry will be dealing with a number of unresolved issues from the late twentieth century, of which the taxation of economic rents, the cost-effectiveness of environmental regulations, and the impact of privatization and deregulation on the …

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Challenges Facing Resource Development: Implications For Lawyers, Constance Hunt Jan 1997

Challenges Facing Resource Development: Implications For Lawyers, Constance Hunt

Fordham International Law Journal

Speech given at Session 3: Challenge Facing Resource Development. Our topic is the impact of globalization of resource development, with particular emphasis on trans-boundary ventures. For the purpose of my remarks, she took it as a given that we will see a continuation of the trends of the past decade or so. She focused on what these trends are likely to mean for lawyers who work in the area of resource development, whether as corporate solicitors or as private practitioners who advise resource companies.

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International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman Jan 1997

International Human Rights And Sovereignty Of States: Role And Responsibility Of Lawyers, Fali Nariman

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. Fali Nariman discusses the history of lawyers in the context of past fifty year history of international human rights.

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Closing Remarks, John Salter Jan 1997

Closing Remarks, John Salter

Fordham International Law Journal

This closing remark conatins the text of John Salter's speech closing the conference organized by the Human Rights Institute to commemorate the Fiftieth Anniversary Celebration of the International Bar Association.

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Paving The Way For Bulgaria's Accession To The European Union, Stanimir Alexandrov, Latchezar Petkov Jan 1997

Paving The Way For Bulgaria's Accession To The European Union, Stanimir Alexandrov, Latchezar Petkov

Fordham International Law Journal

This Essay is about Bulgaria's accession to the European Union. Bulgaria seeks closer ties with, and ultimately full membership in the European Union. Economic relations between Bulgaria and the European Union have developed positively. Bulgaria presented its application for membership in 1995. Full membership is a priority for Bulgaria. Bulgaria's accession to the European Union is a matter of time.

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The Millenium Approaches: Rethinking Article 85 And The Problems And Challenges In The Design And Enforcement Of The Ec Competition Rules, Mario Siragusa Jan 1997

The Millenium Approaches: Rethinking Article 85 And The Problems And Challenges In The Design And Enforcement Of The Ec Competition Rules, Mario Siragusa

Fordham International Law Journal

This Essay contributes to the discussion of competition law reforms, both at the level of the European institutions and within the Member States of the European Union, by considering the scope for altering the economic evaluation performed in the context of Article 85 of the EC Treaty. The Essay first describes, and accounts for, the European Commission's current interpretation of Article 85. The Essay then presents a number of criticisms of that interpretation and assesses possible changes to the present system of European competition enforcement. Finally, examples are given from the case law of the Court of Justice and the …

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The Adequacy Standard Under Directive 95/46/Ec: Does U.S. Data Protection Meet This Standard?, Patrick J. Murray Jan 1997

The Adequacy Standard Under Directive 95/46/Ec: Does U.S. Data Protection Meet This Standard?, Patrick J. Murray

Fordham International Law Journal

This Comment addresses how the US protection of personal data will fare when judged against the adequacy standard of the Directive. Part I explains what data protection is and traces the development of data protection law in Europe and the United States. It then analyzes the current approaches to data protection in both the Community and the United States. Part II discusses different approaches to assessing adequacy. It proposes that the Article 29 Working Party presents the only clear explanation of how to assess when a third country ensures adequate protection of personal data. Part II then describes the Working …

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Media, Multimedia, And European Community Antitrust Law, John Temple Lang Jan 1997

Media, Multimedia, And European Community Antitrust Law, John Temple Lang

Fordham International Law Journal

This Article discusses the main European Community (“EC”) antitrust law issues that have arisen in the media industries or which are especially relevant to media. Part I discusses general principles and directives that influence multimedia law. Part II examines the relevant markets which relate to multimedia. Part III reviews evidence of dominance within multimedia. Part IV discusses the impact multimedia has had upon broadcasting sports events within the European Union (“EU”). Part IV also considers film catalogues and performing rights societies. Part V explores mergers within the media sector. Part VI discusses conditional access systems. Finally, the Article concludes that …

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Patients' Rights To Access Their Medical Records: An Argument For Uniform Recognition Of A Right Of Access In The United States And Australia, Hayley Rosenman Jan 1997

Patients' Rights To Access Their Medical Records: An Argument For Uniform Recognition Of A Right Of Access In The United States And Australia, Hayley Rosenman

Fordham International Law Journal

This Note addresses the issue of a patient's right to access her own medical records in the United States and Australia. Part I discusses the background of a right of patient access to medical records through case law in the United States. Part I gives a historical perspective on US and Australian legislation regarding access to medical records. Part II reviews commentary both for and against access in the United States and in Australia. Part II focuses on legal arguments from the recent decision concerning patient access to medical records by the Australian courts in Breen v. Williams. Further, …

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A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel S. Terry Jan 1997

A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel S. Terry

Fordham International Law Journal

This Article will focus on the agreement (“Agreement”) between the American Bar Association (“ABA”) and the French and Dutch Orders of the Brussels Bar (“Brussels Bars”). Section I of this Article provides an overview of the different models used, or approaches to, cross-border practice and places the Agreement in context. Section II chronicles the legislative history of the Agreement, noting the process by which it was developed. Section III contains the analysis of the Agreement, comparing it to other cross-border practice regulation. Section IV addresses the implementation of the Agreement. Finally, Section V offers a summary of the strengths and …

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Giuliano Amato, Antitrust And The Bounds Of Power, Barry E. Hawk Jan 1997

Giuliano Amato, Antitrust And The Bounds Of Power, Barry E. Hawk

Fordham International Law Journal

Barry E. Hawk reviews Giuliano Amato, Antitrust and the Bounds of Power. This Book Review states that Professor Giuliano Amato has successfully written a refreshing and insightful book on antitrust policy after more than a century of US debate and almost half a century of European debate. In his highly enlightening opus on Antitrust and the Bounds of Power, Professor Amato writes from the Olympian heights as the former head of the well respected Italian Antitrust Authority, a former Prime Minister of Italy, and a present professor at the European University Institute in Florence. The book places antitrust law in …

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Foreign Investment Laws And Regulations Of The Democratic People's Republic Of Korea, Greyson Bryan, Scott Horton, Robin Radin Jan 1997

Foreign Investment Laws And Regulations Of The Democratic People's Republic Of Korea, Greyson Bryan, Scott Horton, Robin Radin

Fordham International Law Journal

Before presenting a detailed outline of the foreign investment laws and regulations of the DPRK, this Essay surveys the institutional environment in which these laws and regulations function. This Essay concludes with some specific remarks on the rules that pertain to investments in natural resources, including pledge law, and the possibility that foreign investors may be able to negotiate rules governing their investments that would differ from those described in this Essay.

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The Asian Financial Crisis And The Deregulation And Liberalization Of Thailand's Financial Services Sector: Barbarians At The Gate, Apisith John Sutham Jan 1997

The Asian Financial Crisis And The Deregulation And Liberalization Of Thailand's Financial Services Sector: Barbarians At The Gate, Apisith John Sutham

Fordham International Law Journal

The recent financial crisis experienced by Thailand and the other Asia-Pacific countries has left an indelible impact on Thailand's financial system including significant amendments to the laws and regulations of banking, finance, and securities business as well as proposed new laws such as the Derivative Act. In this connection, the financial crisis acts as a change agent that promotes and accelerates the pace of deregulation and liberalization. The "barbarians" are the foreign financial institutions and foreign investors who will be in the position to gain the most from an opening of the gate to the financial services sector in Thailand. …

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China's Copyright System: Rising To The Spirit Of Trips Requires An Internal Focus And Wto Membership, Julia Cheng Jan 1997

China's Copyright System: Rising To The Spirit Of Trips Requires An Internal Focus And Wto Membership, Julia Cheng

Fordham International Law Journal

This Note examines the current state of China's intellectual property rights protection as it relates to copyright. Part I evaluates existing measures used in enforcing copyright protection in China, such as the General Agreement on Tariffs and Trade ("GATT"), the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPs"), and various U.S. trade sanctions. Part II describes major policies affecting China's copyright system and address the inherent factors underlying China's inability to enforce copyright protection, including a lack of cultural and economic incentives and difficulties in administrative enforcement. Part II then proceeds to discuss China's judicial system and education as …

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Combatting India's Heroin Trade Through Anti-Money Laundering Legislation, Kavita Natarajan Jan 1997

Combatting India's Heroin Trade Through Anti-Money Laundering Legislation, Kavita Natarajan

Fordham International Law Journal

This Note discusses the history behind the global war on drug-related money laundering, and India's efforts at joining the movement. Part I will describe the nature of money laundering as well as various international and national attempts to combat it. Part II will explore arguments for and against India's use of anti-money laundering legislation as a method of controlling the growing heroin trade. The Note concludes that it is imperative that India implement a comprehensive anti- money laundering regime, which includes compliance programs and bilateral and multilateral agreements on mutual legal assistance in order to suppress its growing heroin trade.

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Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society--A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S.I. Strong Jan 1997

Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society--A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S.I. Strong

Case Western Reserve Journal of International Law

No abstract provided.

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Creating Data Protection Legislation In The United States: An Examination Of Current Legislation In The European Union, Spain, And The United States, Jennifer M. Myers Jan 1997

Creating Data Protection Legislation In The United States: An Examination Of Current Legislation In The European Union, Spain, And The United States, Jennifer M. Myers

Case Western Reserve Journal of International Law

No abstract provided.

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The Need For Comprehensive Legislation In The Russian Oil And Gas Industries, Laura A. Wakefield Jan 1997

The Need For Comprehensive Legislation In The Russian Oil And Gas Industries, Laura A. Wakefield

Case Western Reserve Journal of International Law

No abstract provided.

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Withered Giants: Mexican And U.S. Organized Labor And The North American Agreement On Labor Cooperation, Fredrick Englehart Jan 1997

Withered Giants: Mexican And U.S. Organized Labor And The North American Agreement On Labor Cooperation, Fredrick Englehart

Case Western Reserve Journal of International Law

No abstract provided.

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Private International Law In Common Law Canada: Cases, Text, And Materials, Lauren M. Moran Jan 1997

Private International Law In Common Law Canada: Cases, Text, And Materials, Lauren M. Moran

Case Western Reserve Journal of International Law

Note: This is the second book review in the PDF file.

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Volume 29 Issue 2 (1997), Cwru Journal Of International Law Jan 1997

Volume 29 Issue 2 (1997), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

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The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity Jan 1997

The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity

Northwestern Journal of International Law & Business

This article is a detailed study of the taxation by the United States of foreign base company services income. Foreign base company services in- come is defined generally as the income derived by a controlled foreign corporation from the performance of services for a related person.2 Con- trolled foreign corporations, in turn, generally are the foreign subsidiaries of U.S. parent corporations.3 A controlled foreign corporation's foreign base company services income is taxed to its U.S. parent corporation, subject to various exclusions and qualifications. This article defines the class of sus- pect relationships between the controlled foreign corporation and its related …

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Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg Jan 1997

Trade Policy And Election-Year Politics: The Truth About Title Iii Of The Helms-Burton Act, Leslie R. Goldberg

Northwestern Journal of International Law & Business

Part I of this comment chronicles the historical events leading to the promulgation of the Helms-Burton Act. Part II provides an overview of Ti- tle I of the Helms-Burton Act. Part I then analyzes Title III and de- scribes why Title III will not protect the property rights of U.S. citizens or deter enough foreign business investment in Cuba to expedite the collapse of Castro's regime. Next, Part IV details the it-for-tat legal retaliation that has stemmed from Title I's enactment, and Part V discusses the legality of Title mI's private right of action. Finally, Part VI recommends that Title …

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International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry Jan 1997

International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry

Northwestern Journal of International Law & Business

This article addresses what IFIs are doing, are not doing, and hopefully might do to help cap the corruption eruption sweeping our world. The article primarily relates the efforts of the World Bank in this area and briefly discusses efforts by other major IFIs.

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Saving Failed States: Sometimes A Neocolonialist Notion, Ruth Gordon Jan 1997

Saving Failed States: Sometimes A Neocolonialist Notion, Ruth Gordon

American University International Law Review

No abstract provided.

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Unilateral Sanctions With A Twist: The Iran And Libya Sanctions Act Of 1996, Meghan Mccurdy Jan 1997

Unilateral Sanctions With A Twist: The Iran And Libya Sanctions Act Of 1996, Meghan Mccurdy

American University International Law Review

No abstract provided.

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Hong Kong: Preserving Human Rights And The Rule Of Law Jan 1997

Hong Kong: Preserving Human Rights And The Rule Of Law

American University International Law Review

No abstract provided.

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The Lawfulness Of Humanitarian Intervention, Michael J. Reppas Jan 1997

The Lawfulness Of Humanitarian Intervention, Michael J. Reppas

St. Thomas Law Review

This article addresses the conflicting claims of territorial sovereignty and humanitarian intervention, analyzes how these claims have been resolved in the past, and predicts how current trends in resolution will affect the global common interest. Part II discusses, in detail, the conflicting theories of territorial sovereignty and humanitarian intervention. Part III analyzes the trends in decision-making and the conditioning factors since the end of the Second World War that have motivated the United Nations to establish international law and a specific protocol for when humanitarian intervention is justified. Part IV analyzes the history between the United States and the former …

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To Judge Between Nations: Post Cold War Transformations In National Security And Separations Of Powers - Beating Nuclear Swords Into Plowshares In An Imperfectly Competitive World, Antonio F. Perez Jan 1997

To Judge Between Nations: Post Cold War Transformations In National Security And Separations Of Powers - Beating Nuclear Swords Into Plowshares In An Imperfectly Competitive World, Antonio F. Perez

Scholarly Articles

No abstract provided.

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