International Law Commons^™

Canning Spam: Compuserve, Inc. V. Cyber Promotions, Inc., Steven E. Bennett

University of Richmond Law Review

The rapid development of the Internet as a source of information and as a means of communication has caused courts and legislatures to scramble to integrate old legal structures into a new framework. The characteristic of near-instantaneous access to millions of subscribers of various Internet service providers (ISPs) has attracted the attention of commercial advertisers, especially those seeking mass audiences. The Internet has also fostered the proliferation of electronic mail (e-mail) as a means of communication. Further, it has attracted the attention of Congress, where there are currently three bills pending which would restrict or prohibit unsolicited e-mail advertising. The …

Time To Try Mediation Of International Commercial Disputes, Harold Abramson

Scholarly Works

No abstract provided.

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout

Faculty Scholarship

The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.

[1997] Enforcement Of Foreign Judgments, Roger P. Alford, Christopher Gibson

Journal Articles

From the Article

As was the case last year, neither the Supreme Court nor Congress addressed the general area of enforcement of foreign judgments in 1997. The new cases therefore continue to reflect the well established comity principles articulated in the Supreme Court's seminal 1895 decision in Hilton v. Guyot. Several developments occurred with respect to two cases that were discussed in last year's section, and these cases are given first treatment below.

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

Journal Articles

The most significant developments in 1997 regarding international courts and tribunals are reviewed herein, particularly events relating to the International Court of Justice, the United Nations Compensation Commission (a quasi-tribunal), the International Tribunal for the Law of the Sea, the Iran-United States Claims Tribunal, and the proposed permanent International Criminal Court. Other significant developments relating to the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and dispute settlement within the World Trade Organization are detailed in other reports in this issue.

Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg

Georgetown Law Faculty Publications and Other Works

The proposed Multilateral Agreement on Investment (MAl) represents a major step in the evolution of "sovereignty," which includes the power of a nation-state to govern without external controls. A panelist at the 1998 Cornell International Law journal Symposium introduced the MAl as an example of "multilateral sovereignty" to achieve commonly held goals of global economic integration. This perspective posits that the MAl is an exercise in sovereignty by subtraction, aiming to limit governing power rather than promote its joint exercise.

Its critics call the MAl a "slow motion coup d'etat," a "bill of rights for investors," a threat to sovereignty, …

Waging War Against The World: The Need To Move From War Crimes To Environmental Crimes, Mark A. Drumbl

Fordham International Law Journal

The international community has been more hesitant in accounting for the environmental consequences of war. All that the international community has been able to negotiate is scattered collateral references in a variety of treaties and conventions. One immediate task will be to consolidate these references into a single document or treaty. A more daunting task, of which this easy shall provide a brief overview, is to develop a mechanism to ensure compliance with these standards, to deter deviation therefrom, and to allocate responsibility for wrongdoing. More specifically, this essay considers the ability of the International Criminal Court to perform such …

Women, War, And Words: The Gender Component In The Permanent International Criminal Court's Definition Of Crimes Against Humanity, Brook Sari Moshan

Fordham International Law Journal

This Comment addresses the intersection of gender issues and human rights law as illustrated by the formation of the permanent ICC. Specifically, it argues that the inclusion of gender- motivated crimes in the ICC's definition of crimes against humanity was necessary to emphasize women's wartime experiences and injuries, but that such inclusion is not enough to ensure gender justice as the ICC begins to prosecute war crimes and crimes against humanity. Part I of this Comment discusses the concept of gender-based crimes and illustrates these crimes through recent examples of gender-based violence. It also reviews the history of the ICC, …

Master Of Puppets: How Japan's Ministry Of Finance Orchestrates Its Own Reformation, Gregory D. Ruback

Fordham International Law Journal

This Comment analyzes Japan's effort to create a competitive securities market that is free, transparent, and reliable. Part I describes Japan's regulatory environment, emphasizing the power and authority of the Ministry and its influence within the Japanese government and over the securities industry. Part II details elements of the Big Bang reforms and describes the current political situation that will influence the effectiveness of the reforms. Part III addresses the probable effectiveness of the reforms in the context of Japan's regulatory structure, past scandals and reforms, and current political environment. Finally, this Comment argues that the Ministry has the ability …

Economic And Monetary Union In Europe: Legal Implications Of The Arrival Of The Single Currency, Werner Van Lembergen, Margaret G. Wachenfeld

Fordham International Law Journal

Part I of this Article presents an overview of EMU, addressing first the Member States that will participate in EMU from the outset and how they were chosen, as well as the new institutions that will guide and support EMU. This Article will then focus on the EU regulations that provide the legal framework for EMU, analyzing issues in the regulations of particular legal interest. This structural discussion will also describe what Participating Members States must achieve to ensure that EMU stays on track and how EU institutions will supervise their performance. Part I closes with a brief look at …

The Protection Of Human Rights In The New Polish Constitution, Ryszard Cholewinski

Fordham International Law Journal

This Article examines the extent of human rights protection under the Constitution of the Republic of Poland of April 2, 1997 ("new Polish Constitution" or "Constitution"), adopted on April 2, 1997, by the Polish National Assembly and approved by the Polish people in a referendum on May 25, 1997. The Constitution, a lengthy document composed of 243 articles, came into force on October 17, 1997, and is one of the last constitutions to be adopted in Central and Eastern Europe since the start of the political and socio-economic transformations of the post-communist era. This Article emphasizes the importance of the …

The Euro--Ready Or Not: Trading Implications Of The New Common Currency, Kathy Jones, Alan N. Rechtschaffen

Fordham International Law Journal

This Essay outlines the specific events leading to the common currency as well as the implications for trading foreign exchange, short-term interest rate futures, and fixed-income securities and futures. It describes the mechanics of the newly formed European Central Bank (“ECB”) and outlines the potential effects on monetary policy and economics in individual countries.

Ec Competition System -- Proposals For Reform, Alexander Schaub

Fordham International Law Journal

At last year's Fordham Corporate Law Institute, under the heading "The Millennium Approaches," I spoke about the challenges that European Community ("EC" or "Community") competition law is facing or will face in the near future. I came to the conclusion that the time has come for a re-examination and modernization of our rules, in particular the implementing and procedural legislation. I reached this conclusion based upon three reasons.

You Cannot Fight What You Cannot See: Securities Regulation On The Internet, David M. Cielusniak

Fordham International Law Journal

This Note suggests that the more effective resolution to regulating securities on the Internet is to look to the global nature of the medium itself and to establish an international body of law that is both uniformly understood and implemented. Part I of this Note provides background to Internet transactions and describes the traditional methods for security regulation and problems of securities fraud on the internet. Part II discusses the approaches that securities regulators are taking regarding securities fraud on the internet. Part III describes the application of conventional methods of securities regulation to Internet transactions and argues that such …

To Cherish A Just And Lasting Peace, Gerry Adams

Fordham International Law Journal

In the opening line of the diary that he kept during the first three weeks of his hunger strike, republican prisoner Bobby Sands, who died after fifty-five days on strike, wrote: "I am standing on the threshold of another trembling world." This system has created a unionist one party state that has rejected basic principles of democracy, justice, and equality. Throughout the development of our peace strategy and the talks process, republicans pursued the peace process in the context of our republican analysis of the situation and with a solid strategy to meet all of the difficulties head on. In …

Regulation Of The Turkish Straits: Unclos As An Alternative To The Treaty Of Montreux And The 1994 Maritime Traffic Regulations For The Turkish Straits And Marmara Region, Serge V. Pavlyuk

Fordham International Law Journal

This Note discusses the need for a modern international legal regime that would address navigational and environmental safety in the Turkish Straits in a manner consistent with customary international law of the transit passage through the straits used for international navigation. Part I provides an overview of the recent history of the Turkish Straits and the legal regimes regulating navigation in the Turkish Straits and other straits used for international navigation. Part II explores the positions and arguments of the parties involved in the dispute over the legality of the 1994 Turkish Regulations. Part III proposes that the circumstances surrounding …

Transparency- Not Just A Vogue Word, Bo Vesterdorf

Fordham International Law Journal

I therefore intend to focus my attention on transparency issues as they relate to the decision-making process and leave out those issues relating to the legislative process. Moreover, I shall restrict myself to examining a few selected issues concerning the topic and shall base my examination principally on some of the more recent judgments of the Court of First Instance and the Court of Justice of the European Communities (together, “Community Courts”).

Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley

Fordham International Law Journal

These include a "commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community" and eight particular rights are spelled out: the "complete incorporation into Northern Ireland law of the European Convention on Human Rights, with direct access to the courts, and remedies for breach of the Convention, including powers for the courts to overrule Assembly legislation on the grounds of inconsistency"; a new Northern Ireland Human Rights Commission; a new statutory Equality Commission; a normalization of security arrangements and practice, including the reduction in the numbers and role of British Armed Forces deployed …

Local Administration And The Binding Nature Of Community Directives: A Lesser Known Side Of European Legal Integration, Kurt Riechenberg

Fordham International Law Journal

This article will deal with specific aspects of the divided-power system of the European Union and provide a legal analysis concerning federalism issues in the European Union raised before the Court of Justice that are similar to those in the United States. First, the article will reference recent U.S. case law on federalism. The bulk of the Article will concentrate on the question of whether and to what extent European Community ("EC") directives, as legislative instruments, are capable of mandating specific courses of action to be pursued on the local or regional level in Member States. Next, the article will …

The "Power Of Appraisal" (Pouvoir D'Appreciation) Of The Commission Of The European Communities Vis-À-Vis The Powers Of Judicial Review Of The Communities' Court Of Justice And Court Of First Instance, Virpi Tiili, Jan Vanhamme

Fordham International Law Journal

It is, therefore, clear that the Courts must test the soundness of the Commission's appraisals. This means, however, that judges are obliged to examine the administrative file, thereby inevitably bringing themselves intellectually close to building their own bridge from the facts, via the legal framework of the case, to a legal outcome in casu. In some instances, it may prove almost impossible to disguise the conflict between the Court’s and the Commission's assessments in the judgment, especially if annulment or damages is the outcome of the case. It is in this regard that an appropriate balance must be found between …

Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman

Fordham International Law Journal

This Essay explores the problems that have emerged over the right to parade since 1994. It begins with a brief review of the historical significance of parades in Ireland before summarizing the background to the current disputes. This Essay considers the causes of the problem, the arguments of the various parties, and the development of legal controls on parades. The Essay then moves on to review the attempts that have been made to resolve the issue. In particular, the Essay focuses on the formal measures that have been taken by the British Government to resolve the disputes rather than the …

Ireland--The Healing Process, John Hume

Fordham International Law Journal

As you are aware, the quarrel on our island has gone on for several centuries. Looking at the example of the conflict in Ireland, there are two mentalities in our quarrel - the Nationalist and the Unionist. The real political challenge to the Unionist mindset occurred when Nationalist Ireland essentially said: "Look, your objective is an honorable objective, the protection and preservation of your identity." Geography, history, and the size of the Unionist tradition guarantee that the problem cannot be solved without them, nor against them. If we can leave aside our quarrel while we work together in our common …

Counteract: Working For Change, Billy Robinson, Stevie Nolan

Fordham International Law Journal

This article discusses Counteract, an anti-intimidation unit, that was formed in 1990 with the sponsorship and support of the Irish Congress of Trade Unions. Their aims are to develop actions, policies, and strategies to alleviate the incidence of sectarianism and intimidation in the workplace and the community. The article discusses how their work affects North Ireland, as it tries to become an increasingly pluralistic society.

The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan

Fordham International Law Journal

This Comment considers the Northern Ireland Criminal Cases Review Commission (CCRC), its establishment, and its likely effects on miscarriages of justice. Part I of this Comment considers British and Northern Irish law. Part I also highlights British law leading up to the creation of the CCRC and Northern Irish law in light of its unique elements. Part II explains the establishment of the CCRC, its powers, and structure. Additionally, Part II discusses various commentary on the creation of the CCRC. Part III analyzes the future effectiveness of the CCRC in correcting miscarriages of justice, paying particular attention to the case …

Policing And Change In Northern Ireland: The Centrality Of Human Rights, Linda Moore

Fordham International Law Journal

It is the contention of this Essay that the international principles of human rights must form the foundations of any future policing service in Northern Ireland. Leaving behind the sterile communalism that has characterized past approaches to policing in favor of a rights-based approach, would benefit all in Northern Ireland. A human rights policing framework would particularly relieve those living in working class communities, both catholic and protestant, who have borne the brunt of heavy policing policies and tactics. While acknowledging that no approach to policing reform can appease all shades of Northern Ireland's political and cultural opinion, the current …

Prisoners, The Agreement, And The Political Character Of The Northern Ireland Conflict, Kieran Mcevoy

Fordham International Law Journal

This Essay first explores the historical context of prisoner release in Ireland, North and South. Second, the role of prisoners in the process of conflict resolution in the 1990s is examined in the periods before and after the breakdown of the first IRA cease- fire. The provisions within the Good Friday Agreement and subsequent legislation are then analyzed in so far as they relate to prisoner release as an incentive for peace among organizations outside the peace process, decommissioning, the victims of violence, and prisoner reintegration. Finally, this Essay argues that the "prisoner issue" represents a crucial acknowledgement by the …

Schools: Lessons From The Agreement, Jerry Tyrrell, Brendan Hartop, Seamus Farrell

Fordham International Law Journal

This article discusses how education will help lead to the success of the Multi-Party Negotiations, which attempt to resolve the conflict in Ireland. Citizenship development can teach values such as tolerance, care, and respect for others as equals. Education can promote movement from the rhetoric to the practice of collaboration and encourage participative democracy. Education can also be a foundation for social harmony.

International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave

Fordham International Law Journal

Part I describes a few experiences with international computer hackers in order to provide a context for the rest of the Essay. Part II extracts from that experience the central issues that have arisen-and predictably will continue to arise-in connection with investigating and prosecuting international electronic crimes. These concerns are divided into three subject areas: the substantive law, the procedural law, and operational issues. Finally, Part III summarizes international efforts to address concerns raised by crimes in cyberspace.

Transfer Of Technology In The Contemporary International Order, Chantal Thomas

Fordham International Law Journal

This Essay begins by describing the technology transfer needs arising from both international economic integration and related international law. The Essay then examines the existing international rules for technology transfer and finds them insufficient to address these needs. The goal of this Essay is to advocate the formulation of a viable international legal framework for technology transfer.

The Nature Of The Agreement, Brendan O'Leary

Fordham International Law Journal

This article contains the Ninth John Whyte Memorial Lecture which discusses the Multi-Party Negotiations, also known as the British-Irish agreement, which aimed to formalize the end of “The Troubles” in Ireland.