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1997

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Articles 451 - 480 of 510

Full-Text Articles in International Law

Britain And Europe: Post Blair's Election And Pre-Single Currency, Roy Jenkins Jan 1997

Britain And Europe: Post Blair's Election And Pre-Single Currency, Roy Jenkins

Fordham International Law Journal

This Essay traces the history of Britain's relations with the European Community, now the European Union. It concludes that the Single Currency is key to all future activities of the European Union, as well as to Tony Blair's ability to escape from the 'mishandling of Europe' curse which has bedeviled so many British premierships.

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Developing Cross-Border Practice Rules: Challenges And Opportunities For Legal Education, Louis F. Del Duca, Vanessa P. Sciarra Jan 1997

Developing Cross-Border Practice Rules: Challenges And Opportunities For Legal Education, Louis F. Del Duca, Vanessa P. Sciarra

Fordham International Law Journal

This Essay first discusses differences in the process used by the European Community (“EC”) and North American Free Trade Agreement (“NAFTA”) in developing cross-border practice rules. This is followed by discussions of the developing NAFTA rules and resulting challenges and opportunities for legal education.

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Federalism: Essential Concepts In Evolution - The Case Of The European Union, Koen Lenaerts Jan 1997

Federalism: Essential Concepts In Evolution - The Case Of The European Union, Koen Lenaerts

Fordham International Law Journal

This Article aims to examine the instrumental aspects of the European Union structure in order to elucidate the degree of federalism that it contains. The analysis considers: the status of the central authority; the constitutional embedding of the division of powers between the central authority and the component entities; the existence of mechanisms to preserve the identity of the component entities; the foundation of the constitutional order on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law; and the enforceability of the constitution.

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Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett Jan 1997

Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett

Fordham International Law Journal

This Note analyzes Japan's and the Republic of Korea’s competing claims to Liancourt in light of traditional public international law, specifically the 1982 Convention and customary law found in past decisions by the International Court of Justice (“ICJ”) and arbitral bodies (collectively “international adjudicatory bodies”). Part I of this Note provides not only a brief historical overview on Japanese-Korean relations, but also a detailed review of relevant public international law. It outlines important provisions of the 1982 Convention, discusses widely-recognized means of territorial acquisition, and summarizes relevant decisions of international adjudicatory bodies. Part II examines each country's claim to Liancourt. …

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Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin Jan 1997

Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin

Fordham International Law Journal

This Note discusses whether the attorney-client privilege applies to Japanese in-house legal personnel who are not members of any country's bar. Part I defines the attorney-client privilege, and explains what communications the privilege protects. Part I also compares the legal systems of Japan and the United States. Part II examines case law and commentary on the issue of applying the privilege to non-US attorneys who are not admitted to any bar. Part III argues that the arguments for applying the attorney-client privilege to non-US, non-bar in-house legal personnel are particularly effective considering the structure of the Japanese legal system. This …

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Cabotage And The European Community Common Maritime Policy: Moving Towards Free Provision Of Services In Maritime Transport, Rossina Petrova Jan 1997

Cabotage And The European Community Common Maritime Policy: Moving Towards Free Provision Of Services In Maritime Transport, Rossina Petrova

Fordham International Law Journal

This Comment argues that by adopting a two-stage common maritime policy, with a gradual liberalization of cabotage, the European Community took the right course of action in view of the prevailing internal and international conditions of the maritime market. Part I defines the basic concepts concerning the maritime industry and policy. Part I also presents the legal framework within which the European Community adopts measures on maritime policy. Part II discusses the 1986 Legislative Package, marking the first stage in the development of the Community common maritime policy. Part II then reviews the provisions and impact of Regulation 3577/92 which …

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Encrypted Digital Cash Transfers: Why Traditional Money Laundering Controls May Fail Without Uniform Cryptography Regulations, Christopher D. Hoffman Jan 1997

Encrypted Digital Cash Transfers: Why Traditional Money Laundering Controls May Fail Without Uniform Cryptography Regulations, Christopher D. Hoffman

Fordham International Law Journal

This Note argues that key escrow represents a solution to the problem of digital money laundering. In addition, this Note argues that the European Commission has wrongly concluded that key escrow should develop as a product of market forces rather than aggressive legislation, and should align its policy with the United States, France, and Great Britain to develop a joint network of key escrow authorities. Part I of this Note explains the operation of digital payment systems, digital money, and cryptography. Part I also sets forth existing legal safeguards against money laundering. Part II outlines the key escrow policies of …

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Recent Developments In Bulgarian Transport Privatization Policy, Wilhelm Kraus Jan 1997

Recent Developments In Bulgarian Transport Privatization Policy, Wilhelm Kraus

Fordham International Law Journal

Expanding Bulgaria’s political, economic, and cultural cooperation with the countries of Asia is a major priority of the Bulgarian government policy. Transport plays a key role in the implementation of this priority both by providing the necessary conditions for international transit traffic and by meeting the needs of the Bulgarian economy and population. Structural reform in transport to a great extent depends on a sustainable investment policy. At present, prevailing conditions are likely to attract investments, especially to the airports of Sofia and Bourgas. In recent years, the Bulgarian State Railways (“BDZh”) has lagged behind in its development in comparison …

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Assessing The Modern Era Of International Trade, Raj Bhala Jan 1997

Assessing The Modern Era Of International Trade, Raj Bhala

Fordham International Law Journal

This Book Review surveys The Post-Cold War Trading System by Sylvia Ostry. Part I explains the features of international trade law and policy the book highlights, and the perspectives offered by the book about those features. Part II of this review critically analyzes the book. It identifies the issues not addressed, and the arguments not made. Part II thereby imparts to the prospective reader a sense of what must be learned from other sources on international trade law and policy. Part III offers a brief concluding observation about the future direction of international trade scholarship.

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The Ethical Implications Of The Globalization Of The Legal Profession: A Challenge To The Teaching Of Professional Responsibility In The Twenty-First Century, Mary C. Daly Jan 1997

The Ethical Implications Of The Globalization Of The Legal Profession: A Challenge To The Teaching Of Professional Responsibility In The Twenty-First Century, Mary C. Daly

Fordham International Law Journal

This Article accepts globalization as a defining characteristic of the world order of the late twentieth and the early twenty-first centuries and as a force majeure on the legal profession. It challenges the professional responsibility academy to explore the incipient structural transformations that are taking place on a macro level and to reconfigure the classic curriculum to acknowledge the ethical implications of the globalization of the legal profession.

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The Facilitation Of The Brady Plan: Emerging Markets Debt Trading From 1989 To 1993, Ross P. Buckley Jan 1997

The Facilitation Of The Brady Plan: Emerging Markets Debt Trading From 1989 To 1993, Ross P. Buckley

Fordham International Law Journal

This Article completes the analysis of the first decade of the modern emerging market's operation by considering two further periods: (iv) Adolescence: March 1989 to October 1991; and (v) Young Adulthood: October 1991 to December 1993. The primary importance of the market in these periods, as will be discovered, lies in its promotion and facilitation of the Brady Plan.

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The Status Of The Federal Republic Of Yugoslavia In The United Nations, Vladislav Jovanovic Jan 1997

The Status Of The Federal Republic Of Yugoslavia In The United Nations, Vladislav Jovanovic

Fordham International Law Journal

The status and position of the Federal Republic of Yugoslavia (“FRY”) in the United Nations (“UN”) is a controversial issue which has elicited many comments and articles and has cast a long shadow on the legality of the measures taken by the General Assembly (“GA”) and the Security Council (“SC”) vis-a-vis Yugoslavia. In 1992, the SC and the GA both decided that the FRY, composed of Serbia and Montenegro, could not participate in the work of the GA and its bodies. The GA further extended the prohibition against Yugoslavian participation to the Economic and Social Council and its bodies. Throughout …

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Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller Jan 1997

Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

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A Critique Of The Advisory Opinion Of The International Court Of Justice On The Legality Of The Threat Or Use Of Nuclear Weapons, 8 July 1996 : The Nuclear Weapons Case, Christopher Hubbard Jan 1997

A Critique Of The Advisory Opinion Of The International Court Of Justice On The Legality Of The Threat Or Use Of Nuclear Weapons, 8 July 1996 : The Nuclear Weapons Case, Christopher Hubbard

Theses : Honours

The General Assembly of the United Nations, by Resolution, requested the International Court of Justice to give its Advisory Opinion on the following legal question: Is the threat or use of nuclear weapons in any circumstance permitted under Intemational law? The question raises a number of legal, political and moral issues which go to the heart of the development of public international law, and of relations between States in the United Nations era. Central to all such issues is the tension, both legal and political, which exists between the five declared nuclear weapon States (the Permanent Members of the United …

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International Aspects Of Fundamental Tax Reconstructing: Practice Or Principle, Michael J. Graetz Jan 1997

International Aspects Of Fundamental Tax Reconstructing: Practice Or Principle, Michael J. Graetz

Faculty Scholarship

The globalization of economic activity, including the expansion of international trade, the amazing ability of international capital markets to transfer capital rapidly across borders, and the movement in Europe toward greater economic unification, have made it more difficult for nations independently to fashion tax laws that properly balance their own equity, economic efficiency and simplicity goals. This is what makes this conference to analyze the international aspects of recent proposals to replace the federal income tax with some form of consumption tax, with particular emphasis on the Nunn-Domenici "USA" tax and the Armey-Shelby flat tax ("flat tax"), so important. As …

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Women's Rights In International Law, Valerle A. Dormady Jan 1997

Women's Rights In International Law, Valerle A. Dormady

Vanderbilt Journal of Transnational Law

This Note contains a detailed review of state responses to the Platform for Action produced at the United Nations' Fourth World Conference on Women. The Author finds that this consensus was reached on most of the proposals outlined in the Platform for Action. Certain proposals, however, regarding reproductive and Inheritance issues, were subject to a great deal of dispute during the drafting of the Platform for Action, and many countries ultimately registered reservations as to these proposals. While the news reports of the Fourth World Conference on Women focused on the lobbying activities of both Islamic countries and Catholic countries, …

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Mahoney V. Rfe/Rl: An Unexpected Direction For The Foreign Laws Defense, Thomas Wang Jan 1997

Mahoney V. Rfe/Rl: An Unexpected Direction For The Foreign Laws Defense, Thomas Wang

Vanderbilt Journal of Transnational Law

A law is only as good, or as powerful, as its exceptions allow it to be. Unless carefully drawn, an exception intended to avoid unjust or impractical applications of a rule can consume the rule itself. In the case of the Age Discrimination in Employment Act and Title VII, which were amended to apply to U.S. citizens working abroad, the "foreign laws defense," as interpreted in Mahoney v. RFE/RL, threatens to defeat the application of the general rule prohibiting discrimination. This Note briefly traces the history of the extraterritorial application of U.S. law and the interests that were served by …

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Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen Jan 1997

Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-83, and Federal Rule of Civil Procedure (FRCP or Rule) 28(b). Broadly speaking, these rules are concerned with the mechanics of assessing requests for discovery in the United States to assist a proceeding in a foreign country and attempts by one or more parties before a U.S. court to obtain evidence located in another country. This article serves as a brief review of developments during the year.

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Look Who's Making The Rules: International Environmental Standard Setting By Non-Governmental Organizations, Errol E. Meidinger Jan 1997

Look Who's Making The Rules: International Environmental Standard Setting By Non-Governmental Organizations, Errol E. Meidinger

Journal Articles

No abstract provided.

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Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Wa Mutua Jan 1997

Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Wa Mutua

Journal Articles

Fifty years after Nuremberg, the international community has again decided to experiment with international war crimes tribunals. The stated purpose for the establishment of both the Yugoslav and Rwanda Tribunals by the United Nations are to “put an end” to serious crimes such as genocide and to “take effective measures to bring to justice the persons who are responsible for them.” This piece argues that both assumptions are unrealistic and that such tribunals will have little or no effect on human rights violations of such enormous barbarity. In addition, this piece questions the motivations behind the formulation of the tribunals …

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The Treaty Obligations Of The Successor States Of The Former Soviet Union, Yogoslavia, And Czechoslovakia: Do They Continue In Force, Paul Williams Jan 1997

The Treaty Obligations Of The Successor States Of The Former Soviet Union, Yogoslavia, And Czechoslovakia: Do They Continue In Force, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson Jan 1997

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson Jan 1997

Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys’ fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the “death row phenomenon.” The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …

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Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo Jan 1997

Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo

Vanderbilt Journal of Transnational Law

Anti-personnel mines have evolved into the military device of choice in many regional conflicts across the world. The author commences his analysis of this development by considering the impact of anti-personnel mines on civilian populations and the reasons historically articulated for their use. After evaluating their relative costs and benefits, the author proceeds to analyze the problem of anti-personnel mines under the principles of international law. First, the author considers legal principles regarding the permissible use of force by combatants, generally referred to as jus in bello. Next, the author evaluates the use of anti-personnel mines under jus in bello …

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[1996 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Keith Highet, Peter H.F. Bekker Jan 1997

[1996 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Keith Highet, Peter H.F. Bekker

Journal Articles

The most significant developments in 1996 regarding international courts and tribunals are reviewed herein, particularly events relating to the International Court of Justice, the European Court of Justice, and the proposed Permanent International Criminal Court. Other significant developments relating to the International Criminal Court for the Former Yugoslavia, the International Criminal Court for Rwanda, and the World Trade Organization are detailed in other reports in this issue.

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Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn Jan 1997

Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Overcoming Challenges In The Global Classroom: Teaching Legal Research And Writing To International Law Students And Law Graduates, Diane Edelman, Mark Wojcik Jan 1997

Overcoming Challenges In The Global Classroom: Teaching Legal Research And Writing To International Law Students And Law Graduates, Diane Edelman, Mark Wojcik

Faculty Scholarship

No abstract provided.

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Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee Jan 1997

Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee

Vanderbilt Journal of Transnational Law

In recent years, U.N. peacekeeping operations have become an increasing focus of international military action and media coverage. While the military and the media have maintained a precarious balance in the United States between the military's objective of operational success and the media's call for uncensored reporting, the evolution and growing importance of U.N. peacekeeping offers new considerations to this balance. This Note examines the ability of the United Nations to affect the balance between the military and the media through the implementation of U.N. media rules during peacekeeping operations. This Note begins by reviewing the history of media coverage …

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Preface, Laurelyn E. Douglas Jan 1997

Preface, Laurelyn E. Douglas

Vanderbilt Journal of Transnational Law

The symposium, HONG KONG'S REINTEGRATION INTO THE PEOPLE'S REPUBLIC OF CHINA: CONSTITUTIONAL ISSUES, POLICY APPROACHES & HUMAN RIGHTS CONCERNS, AND ECONOMIC & LEGAL IMPLICATIONS, was held at the Vanderbilt University School of Law on March 28-29. 1997. Featuring presentations by diverse speakers from a variety of places and perspectives, the symposium addressed a broad range of issues. Topics ranged from comparative constitutional law to human rights and practical business concerns. While differences emerged, it was clear that fully understanding any one area requires knowledge of the others: the viability of markets may well depend upon the validity of documents proclaiming …

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Anticipating Hong Kong's Constitution From A U.S. Legal Perspective, John M. Rogers Jan 1997

Anticipating Hong Kong's Constitution From A U.S. Legal Perspective, John M. Rogers

Vanderbilt Journal of Transnational Law

This Article explores the possible nature of Hong Kong's Constitution after July, 1997, and discusses alternative ways of interpreting and enforcing the constitution. The author first proposes three definitions for the word "constitution'" (1) how political power is actually "constituted," (2) a written document and (3) a referent for disputes. The author then explains Hong Kong's unusual constitutional status where Hong Kong will be governed under a written constitution the Basic Law. and at the same time, many aspects of the Basic Law will be "guaranteed" by an international agreement, the Joint Declaration. The author proceeds to evaluate the means …

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