International Law Commons^™

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.

Media Under French Competition Law, Frédéric Jenny

Fordham International Law Journal

This Article discusses the Conseil de la Concurrence ("Conseil"), established by the December 1986 Ordinance on the Freedom of Prices and Competition. It provides an examination of the case law on media competition issues in France and suggests that such issues raise complex questions and that great caution must be exercised when applying competition law in this sector.

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 …

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.

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 …

International Banking Activities: The Role Of The Federal Reserve Bank In Domestic Capital Markets, Susan M. Phillips, Alan N. Rechtschaffen

Fordham International Law Journal

In synthesizing harmonious regulation with market sensitive monetary policies, regulators and central bankers can maintain global confidence and minimize systemic failure. The improvements in communications and transportation, the gains from technology and the miniaturization of the goods the world produces have fueled a growing volume of international trade. Financial institutions, in turn, have sought constantly to find more effective and efficient ways to facilitate and finance these activities, and at the same time manage the related risks. There are two clear areas of common interest which may serve as a guideline for central bankers, bank supervisors, and regulators developing compatible …

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.

Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve

Articles

International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed …

Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell

Journal Articles

The most important, and certainly the most ambitious, modification of international law in this century has been the outlawing of the use of force to settle international disputes. The definitive prohibition on the use of force came with the adoption of the United Nations Charter and, in particular, Charter article 2(4).

For a short while, from 1991 until 1994, it appeared that a majority of Security Council members had re-interpreted the Charter's order of priorities. To some, it seemed that the Council had placed such values as human rights, self-determination, and even democracy above the value of peace through respect …

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Articles

No abstract provided.

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.

[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.