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1997

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Articles 421 - 450 of 510

Full-Text Articles in International Law

After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres Jan 1997

After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.

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The Political Offence Exception And Terrorism: Its Place In The Current Extradition Scheme And Proposals For Its Future, R. Stuart Phillips Jan 1997

The Political Offence Exception And Terrorism: Its Place In The Current Extradition Scheme And Proposals For Its Future, R. Stuart Phillips

Penn State International Law Review (1982 - 2011)

No abstract provided.

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A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf Jan 1997

A Critique Of The Yugoslavia War Crimes Tribunal In Report Of The International Law Association On An International Criminal Court, Michael P. Scharf

Faculty Publications

It is ironic that history has not been altogether kind to the Nuremberg Tribunal, labeling it "victor's justice," denouncing its application of ex post facto law, and rebuking its procedural shortcomings. Fifty years later, the world community has created another war crimes tribunal - the International Criminal Tribunal for the Former Yugoslavia. In its first annual report, this new Tribunal stated that "one can discern in the statute and the rules a conscious effort to avoid some of the often-mentioned flaws of Nuremberg and Tokyo." Because it will serve as the model for future ad hoc tribunals and a permanent …

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Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley Jan 1997

Unilateralism As A Defense Mechanism: An Overview Of The Iran And Libyan Sanctions Act Of 1996, Marc C. Hebert Jan 1997

Unilateralism As A Defense Mechanism: An Overview Of The Iran And Libyan Sanctions Act Of 1996, Marc C. Hebert

University of Miami International and Comparative Law Review

No abstract provided.

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Article 36 Of The Vienna Convention On Consular Relations: A Search For The Right To Consul, Mark J. Kadish Jan 1997

Article 36 Of The Vienna Convention On Consular Relations: A Search For The Right To Consul, Mark J. Kadish

Michigan Journal of International Law

This paper addresses Article 36 of the Vienna Convention on Consular Relations, a treaty provision which is often violated by the United States.

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Two Centuries Of Participation: Ngos And International Governance, Steve Charnovitz Jan 1997

Two Centuries Of Participation: Ngos And International Governance, Steve Charnovitz

Michigan Journal of International Law

This article explores the past and present role of NGOs in international governance. Part One reviews the history of NGO involvement, focusing on the period between 1775 and 1949. It shows how NGO activism helped to engender international organizations. Part Two examines some key issues that arise from the expanding involvement of NGOs. It catalogs the pros and cons of an active NGO role, discusses various functions that NGOs fulfill, and lists ten techniques of NGO participation. Part Two also considers a hypothesis that NGO involvement is cyclical.

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Proposals To Address Germany's Status As A "Land Of Immigration", Anne M. Seibel Jan 1997

Proposals To Address Germany's Status As A "Land Of Immigration", Anne M. Seibel

Vanderbilt Journal of Transnational Law

International law permits each individual State to determine who under its laws are citizens of the nation. Germany's decision at the beginning of this century to adhere to the jus sanguinis model of citizenship continues to shape the country's immigration and citizenship laws. This model predicates citizenship on one's parents rather than one's place of birth. Accordingly, "ethnic Germans" who have returned to Germany since the end of the Cold War era are considered to possess a right to German citizenship. In contrast, naturalization procedures are rigorous for foreign residents, including guestworkers and asylum seekers, many of whom are long-time …

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Securities Market And Securities Regulations In China, Fengxia Dai Jan 1997

Securities Market And Securities Regulations In China, Fengxia Dai

LLM Theses and Essays

China is a large developing country with a socialist ideology that is currently undergoing a period of reform and transformation. In December 1990, China opened its first national securities market - the Shanghai Securities Exchange. This was soon followed in November 1991 by the first special shares denominated in foreign currencies and sold only to overseas investors. These important steps in the development of China’s securities industry indicate commitment by Chinese authorities to the two key components of the nation’s economic reform program - economic systemic reform, and opening to the outside world. China’s securities market and securities regulations contain …

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Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu Jan 1997

Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu

LLM Theses and Essays

Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban …

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Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen Jan 1997

Reorganization A Comparative Study Of Reorganization In Denmark And In The United States, Poul Jagd Mogensen

LLM Theses and Essays

The purpose of this thesis is to analyze and discuss a list of specific problems in the current Danish system and in this analysis to examine how these problems are dealt with under the United States laws on reorganization. The thesis consists of five parts in addition to this Introduction. Part II is an introduction to the laws on reorganization in Denmark and in the United States. Part II also includes a brief introduction to out-of-court workouts as an alternative to reorganization under the bankruptcy laws. Part III provides statistical information on the number of reorganizations, the outcome of reorganizations, …

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The Tragedy Of Hong Kong, Richard Klein Jan 1997

The Tragedy Of Hong Kong, Richard Klein

Scholarly Works

While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.

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Resolution Of Trade Disputes By Chapter 19 Panels: A Long-Term Solution Or Interim Procedure Of Dubious Constitutionality, Gregory W. Carman Jan 1997

Resolution Of Trade Disputes By Chapter 19 Panels: A Long-Term Solution Or Interim Procedure Of Dubious Constitutionality, Gregory W. Carman

Fordham International Law Journal

Since World War II, international trade has expanded exponentially and the United States has had substantial incentives to negotiate trade agreements with a view toward lowering tariffs reciprocally. The United States has also benefited from entry into the North American Free Trade Agreement ("NAFTA") in 1992, the Canada-United States Free-Trade Agreement ("CFTA") in 1988, and the United States-Israel Free Trade Agreement in 1985. The Canadian goal had been to eliminate existing antidumping and countervailing duty rules [in the United States] and to negotiate a new set of laws modeled on competition law principles with a binational tribunal to enforce them. …

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International Human Rights: A Perspective From India, Prakash Shah Jan 1997

International Human Rights: A Perspective From India, Prakash Shah

Fordham International Law Journal

The evolution of the international human rights regime has often been shaped by the push and pulls of political and historical forces and events at the expense of alternative approaches. The following Essay traces this evolution from the author’s perspective, presents India's position in relation to the structure and environment of international human rights discourse, and outlines trends and characteristics that merit reflection.

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Advocating For An International Criminal Court, Kofi Annan Jan 1997

Advocating For An International Criminal Court, Kofi Annan

Fordham International Law Journal

This Opening Remark contains the text of Kofi Annan's speech to the International Bar Association. In the speech, Annan calls for the creation of an International Criminal Court and proposes that the Court is necessary for the full realization of the United Nations' goal of international justice.

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In Defense Of The Human, Joseph A. O'Hare S.J. Jan 1997

In Defense Of The Human, Joseph A. O'Hare S.J.

Fordham International Law Journal

The President of Fordham University introduces this book by discussing the dedication to Mother Teresa and comments on her life's work.

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Convergence Of Global Financial Services, Michael E. Patterson Jan 1997

Convergence Of Global Financial Services, Michael E. Patterson

Fordham International Law Journal

Speech given at Session 1: The Global Capital Market: What's Next. Michael Patterson spoke on aspects of the global financial markets that are common to Japan and the United States including the converging roles of traditionally distinct kinds of institutions participating in such markets; the impact of that convergence on legal and regulatory structures, particularly in the United States; and finally, the challenges of such global convergence for the supervision of global financial institutions.

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The Introduction Of The Euro And Its Implications For Obligations Denominated In Currencies Replaced By The Euro, Michael Gruson Jan 1997

The Introduction Of The Euro And Its Implications For Obligations Denominated In Currencies Replaced By The Euro, Michael Gruson

Fordham International Law Journal

This Article will discuss to what extent fears that debt in a country’s national currency will no longer be enforceable under U.S. law after the introduction of the Euro are justified. The article assumes that the European Council, as provided for in the Treaty Establishing the European Community ("EC Treaty") and the European Commission's European Council Regulation, will establish a fixed rate of conversion for the old national currencies of all participating Member States in relation to the Euro. The subject of our inquiry, thus, is whether, following the introduction of the single currency, U.S. courts will acknowledge the abolition …

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Perspectives On Global Capital Markets, Paul A. Volcker Jan 1997

Perspectives On Global Capital Markets, Paul A. Volcker

Fordham International Law Journal

Paul A. Volcker's opening remarks for "The Global Capital Market: What's Next?" Mr. Vocker introduces a discussion on globalization and whether the changes that globalization has made in economic policy will have long-term viability.

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Session 3: Challenge Facing Resource Development: Questions And Answers Moderated By Emilio J. Cárdenas, Robin G. Adams, Arthur Andersen, Irene King Jan 1997

Session 3: Challenge Facing Resource Development: Questions And Answers Moderated By Emilio J. Cárdenas, Robin G. Adams, Arthur Andersen, Irene King

Fordham International Law Journal

No abstract provided.

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Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Michael E. Patterson, Toyoo Gyohten, Paul A. Volcker Jan 1997

Session 1: The Global Capital Market: What's Next: Questions And Answers Moderated By Meredith Brown, Michael E. Patterson, Toyoo Gyohten, Paul A. Volcker

Fordham International Law Journal

No abstract provided.

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The United Nations And The Legal Community In Promotion Of Human Rights, Hans Corell Jan 1997

The United Nations And The Legal Community In Promotion Of Human Rights, Hans Corell

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. The idea of promoting and protecting human rights is much older than the United Nations. However, it is fair to say that the fact that this topic is now high on the agenda all over the world is due to the efforts made by the world organization.

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Easdaq: Europe's Stock Market For Growth Companies, Stanislas Yassukovich Jan 1997

Easdaq: Europe's Stock Market For Growth Companies, Stanislas Yassukovich

Fordham International Law Journal

Speech given at Session 1: The Global Capital Market: What's Next. Mr. Yassukovich spoke about EASDAQ, which is an entirely new venture which has been going only six months. He tried to put it into the context of some of the issues that were discussed at the conference.

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Perspectives On Global Communications, Detlef Eckert Jan 1997

Perspectives On Global Communications, Detlef Eckert

Fordham International Law Journal

Speech given at Session 2: World Communication: Where is Technology Leading Us? The European Commission's objective is to do our best in the European Community to support the paradigm shift from the Industrial Age to the Information Age. Mr. Eckert noted that in the past, this topic alone was the subject for a speech his. While those were interesting speeches, he focused, more or less, on the real nitty-gritty of deregulation and liberalization and how to bring those concepts into practice.

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Session 3: Challenge Facing Resource Development: Questions And Answers Moderated By Emilio J. Cárdenas, Irene King, Robin G. Adams Jan 1997

Session 3: Challenge Facing Resource Development: Questions And Answers Moderated By Emilio J. Cárdenas, Irene King, Robin G. Adams

Fordham International Law Journal

No abstract provided.

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When Technology Drives Economics, David Nagel Jan 1997

When Technology Drives Economics, David Nagel

Fordham International Law Journal

Speech given at Session 2: World Communication: Where is Technology Leading Us? If technology is driving economics, in exactly what way is it driving it, and why is it driving it? Mr. Nagel gave an overview of exactly how fast technology is changing. He posits that it is changing so fast that instead of a quantitative change, it is appropriate to think of it as a qualitative change. More specifically, that change is leading to a fundamental transformation in the way that commerce itself is conducted.

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Trade And Competition In The Transatlantic Area, Hugo Paemen Jan 1997

Trade And Competition In The Transatlantic Area, Hugo Paemen

Fordham International Law Journal

This Essay looks at the interplay of market opening, competition, and regulation in the air transport, telecom, and financial services areas, which are particularly relevant to the transatlantic relationship between the U.S. and Europe.

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Role Of Technology In Communication, Stephen A. Weiswasser Jan 1997

Role Of Technology In Communication, Stephen A. Weiswasser

Fordham International Law Journal

Speech given at Session 2: World Communication: Where is Technology Leading Us? Mr. Weiswasser about the role of technology in communications from the perspective of somebody who is in the entertainment and information business, what he called the content business--meaning television programs.

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Session 2: World Communication: Where Is Technology Leading Us?: Questions And Answers Moderated By Stewart D. White , Peter Banki, David Nagel, Detlef Eckert, Stephen A. Weiswasser Jan 1997

Session 2: World Communication: Where Is Technology Leading Us?: Questions And Answers Moderated By Stewart D. White , Peter Banki, David Nagel, Detlef Eckert, Stephen A. Weiswasser

Fordham International Law Journal

No abstract provided.

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Protecting Baywatch And Wagamama: Why The European Union Should Revise The 1989 Trademark Directive To Mandate Dilution Protection For Trademarks, William T. Vuk Jan 1997

Protecting Baywatch And Wagamama: Why The European Union Should Revise The 1989 Trademark Directive To Mandate Dilution Protection For Trademarks, William T. Vuk

Fordham International Law Journal

This Note argues that the European Union must harmonize the protection afforded trademarks against dilution, and that the European Union should adopt legislation similar to the U.S. Federal Trademark Dilution Act of 1995. Part I discusses pertinent aspects of US and EU trademark law. Part I also describes the dilution doctrine and reviews the US and EU approaches to dilution. Part II presents the debate on whether to provide trademarks protection from dilution. Part III argues that the European Union should adopt a dilution statute similar to the Lanham Act's dilution provision because dilution protection is necessary to fully protect …

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