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1999

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Articles 271 - 300 of 512

Full-Text Articles in International Law

Competition In Industries Recently Deregulated In Japan, Yoshio Ohara Jan 1999

Competition In Industries Recently Deregulated In Japan, Yoshio Ohara

Fordham International Law Journal

Deregulation in Japan has been caused by both external and internal factors. External factors include requests by the United States and the European Community, where deregulation measures were extensively implemented in order to facilitate these countries' enterprises access into Japan's market. Internal factors include the necessity for the privatization of state or public corporations in order to utilize private initiative to its fullest extent and for the reduction of differences between domestic and international prices.

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U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle Jan 1999

U.S. Mutual Assistance To Colombia: Vague Promises And Diminishing Returns, Luz Estella Nagle

Fordham International Law Journal

This Article addresses mutual assistance between the United States and Colombia and the issues surrounding the drug war. Part I examines past and present cooperative agreements, the goals of the agreements in the context of national and regional security, and the reasons the agreements have or have not succeeded. Part II discusses current U.S. aid policy toward Colombia and the problems the United States will face if assistance proceeds as planned. Part III presents a critical view of Colombia as a nation unable to deal successfully with its many political, social, and moral crises, and incapable of living up to …

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Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague Jan 1999

Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague

Fordham International Law Journal

The flux now engulfing the way in which the defenders of indigent criminal defendants are compensated in England's Crown Court provides a sober lesson for U.S. lawyers. Once, U.S. lawyers, who themselves are appointed to represent indigent defendants, could have cited English practice to support a hefty increase in the meager compensation they receive in many jurisdictions. Spiraling costs in England, however, have brought dramatic changes, and have occurred in a rush. This essay explores compensatory schemes, incentives to reduce the cost of case resolution, and methods to ensure adequate advocacy.

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Canada's Approach To Jurisdiction Over Cybertorts: Braintech V. Kostiuk, Daniel P. Schafer Jan 1999

Canada's Approach To Jurisdiction Over Cybertorts: Braintech V. Kostiuk, Daniel P. Schafer

Fordham International Law Journal

This comment explores a judgment in Texas against a Canadian defendant and corresponding suit in Canada seeking to enforce the judgment. The ultimate determination was significant, representing the first time that a Canadian appellate court addressed the impact of the Internet on a Court's adjudicatory decision. The comment explores the difficulty that the internet poses to the doctrine of recognition and enforcement of foreign judgments.

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Project Finance, Public Utilities, And Public Concerns: A Practitioner's Perspective, Nagla Nassar Jan 1999

Project Finance, Public Utilities, And Public Concerns: A Practitioner's Perspective, Nagla Nassar

Fordham International Law Journal

Because of the lack of competition regulation, certain contract provisions attempt to substitute for such vacuum. In an era when private ownership of infrastructure projects is gaining grounds, the need for elaborated competition regulation is more pressing than ever. Private ownership does not necessarily mean personal funding. The more common mode of funding involves a syndicate of banks, which brings a third competing interest to this type of transactions, rendering the need for competition law an essentiality to avoid confusion. The involved interests, while diversified, are not always conflicting. For instance, the continuity of public service is a major concern …

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Humanitarian And Legal Aspects Of The Crisis In Chechnya, Yuri V. Ushakov Jan 1999

Humanitarian And Legal Aspects Of The Crisis In Chechnya, Yuri V. Ushakov

Fordham International Law Journal

Russia's position and intentions regarding the settlement of the situation in the Chechen Republic (or “Republic”) are transparent and based on principle. We have nothing to hide. First, I will cover some points regarding the genesis of the tragic chain of events in and around Chechnya. The essay then discusses the merits of the antiterrorist operation in response to the 1999 mutiny of Chechen terrorists.

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Attacking The Tools Of Corruption: The Foreign Money Laundering Deterrence And Anticorruption Act Of 1999, Juli Fendo Jan 1999

Attacking The Tools Of Corruption: The Foreign Money Laundering Deterrence And Anticorruption Act Of 1999, Juli Fendo

Fordham International Law Journal

This Comment discusses the effect that international organized crime and foreign government corruption has upon money laundering and the resultant need for the FMLDA. Part I discusses the basic elements of money laundering and the criminal actors who launder internationally, and anlyzes existing U.S. legislation designed to combat laundering and problems in the current legislation. Part II explains the legislative history, purpose, and proposed provisions of the FMLDA. Part III advocates adoption of this Act, and argues that the United States should no longer be complicit in the corruption and degradation of foreign governments via U.S. financial institutions.

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The Republic Of Turkey In Europe: Reconsidering The Luxembourg Exclusion, Patrick R. Hugg Jan 1999

The Republic Of Turkey In Europe: Reconsidering The Luxembourg Exclusion, Patrick R. Hugg

Fordham International Law Journal

The EU's rebuff of Turkey's application for accession represents more than a missed opportunity to strengthen and deepen the relationship between these two related spheres. Indeed, the lack of finesse--the unnecessarily impolitic form of the rejection--propels Turkey in the opposite direction. The old assumption that relations with Europe were of primary importance is “subject to increasingly critical examination.” Acknowledging that Turkey may not be ready for accession in the next wave, the EU should have pursued some less antagonizing route. The premature decision to begin negotiations with Cyprus only intensifies the conflict.

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U.S. Securities Law For International Financial Transactions And Capital Markets, Richard T. Mcdermott Jan 1999

U.S. Securities Law For International Financial Transactions And Capital Markets, Richard T. Mcdermott

Fordham International Law Journal

This book review assesses Guy P. Lander's two-volume work on U.S. Securities Law for International Financial Transactions and Capital Markets. The review finds Landers’ volumes reliable and complete, believing that they will be utilized in much the same manner and with the degree of regularity with which such established treatises as the Lipton and Steinberger work, Takeovers & Freeze-Outs, are consulted. The present state of U.S. securities laws and their application to international transactions are presented in a logical and instructive fashion. The material is presented with clarity, but without oversimplification.

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Some Thoughts On Restoration, Reintegration And Justice In The Transnational Context, Mark Andrew Sherman Jan 1999

Some Thoughts On Restoration, Reintegration And Justice In The Transnational Context, Mark Andrew Sherman

Fordham International Law Journal

This Essay argues that all actors – prosecutors, judges, and defense counsel – should care about what happens to foreign offenders following a judgment of conviction or entrance of a guilty plea, and that transnational correctional processes should be constructed and used to facilitate restoration of the victim and victimized community, and rehabilitation and reintegration of the offender. This is critical because, as in the domestic context, decisions about where and how foreign offenders are to be punished have much to do with whether justice is achieved for victims, affected communities, and offenders.

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Technological Aspects Of Deregulation, Rainer Liebich Jan 1999

Technological Aspects Of Deregulation, Rainer Liebich

Fordham International Law Journal

Telecommunications deregulation and privatization was a good step to create new demands for a new infrastructure and new services. This increasing demand stimulated the whole industry and, as a result, generated the creation of many new companies. Competition drove prices down, which made consumers happier and the companies more competitive in the international market place. Accordingly, universal services are now offered countrywide and there are no major concerns regarding the licensing process. Thus, international coordination and the usage of the telecommunications infrastructure might make new legislative initiatives necessary, but there is no way back to regulated markets.

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Trips To Thailand: The Act For The Establishment Of And Procedure For Intellectual Property And International Trade Court, Andrea Morgan Jan 1999

Trips To Thailand: The Act For The Establishment Of And Procedure For Intellectual Property And International Trade Court, Andrea Morgan

Fordham International Law Journal

This Comment examines the extent to which the Intellectual Property and International Trade Court (IPIT) satisfies the intellectual property enforcement provisions of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). Part I presents the legal environment of intellectual property in Thailand before TRIPs, the background of TRIPs, and the enforcement requirements of TRIPs. Part II discusses the legislation creating the IPIT Court, and assesses the enforcement procedures as prescribed by the legislation that created the IPIT Court and as employed by the IPIT Court. Part III argues that the IPIT Court is a positive development because it reduces conflict …

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Price Control And Other Regulatory Issues, Helmut Schadow Jan 1999

Price Control And Other Regulatory Issues, Helmut Schadow

Fordham International Law Journal

Germany’s complete overhaul of the telecommunications legislation seeks to ensure easy access to the German market and a level playing field for all, based on regulation that is independent and quick to intervene against any abuse of market power, in other words to ensure a sound and predictable investment climate. Our regulation aims to promote competition in the telecommunications sector and to encourage technological and organizational progress at the same time. This policy stands to benefit all: customers, Deutsche Telekom AG, new entrants, the workforce, Germany as a place to do business, and the prospects of the German economy generally. …

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Deregulation Of Air Transport Agreements, Robert Wolfger Jan 1999

Deregulation Of Air Transport Agreements, Robert Wolfger

Fordham International Law Journal

This essay briefly discusses the reality that I have experienced in air transport for some time. In this field, the world is still ruled by bilateral air transport agreements. Such bilateral agreements are even in force in Europe. This essay asks several questions. First, what does successful deregulation in Europe really mean? Would deregulation be successful if many low-cost carriers flew throughout Europe and carried mostly point-to-point traffic from point A to B? I personally think that very few routes are suitable for this point-to-point traffic.

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Perspectives On Competition Law: Problems And Solutions, David A.O. Edward Jan 1999

Perspectives On Competition Law: Problems And Solutions, David A.O. Edward

Fordham International Law Journal

This essay suggests that it does not follow that competition between jurisdictions is good merely because competition between economic operators in pursuit of economic goals is a good thing. The result, as the discussion on television indicated, may simply be a jurisdictional mess, as Dr. Markus Wagemann put it. You end up with all sorts of people seeking to pursue their own values: cultural values, regional values, and linguistic values; and the economic operator simply does not know where he or she stands in this jurisdictional competition. This point can perhaps be completed by simply mentioning a remark made to …

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Nato's Actions To Uphold Human Rights And Democratic Values In Kosovo: A Test Case For A New Alliance, Sergio Balanzino Jan 1999

Nato's Actions To Uphold Human Rights And Democratic Values In Kosovo: A Test Case For A New Alliance, Sergio Balanzino

Fordham International Law Journal

On NATO's fiftieth anniversary, we were faced with an unexpected choice: we had to decide whether the notion of common values is only rhetorical flourish or whether it carries real meaning. We made our choice. We decided that values do not only have to be preached, but also upheld. The essay will recount the events leading up to the deteriorating situation in Kosovo and outline the reasons for NATO's decision to take action. Next it will evaluate NATO's success in light of its humanitarian and military goals. Finally it will examine the challenges facing Kosovo and NATO in the future.

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Masthead, Volume 31 Issue 1 (1999) Jan 1999

Masthead, Volume 31 Issue 1 (1999)

Case Western Reserve Journal of International Law

No abstract provided.

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Dedication: Hiram E. Chodosh, Joanne M. Dickow Jan 1999

Dedication: Hiram E. Chodosh, Joanne M. Dickow

Case Western Reserve Journal of International Law

No abstract provided.

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Volume 31 Issue 2 (1999), Cwru Journal Of International Law Jan 1999

Volume 31 Issue 2 (1999), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

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Peace And The Political Imperative Of Legal Reform In Palestine, George E. Bisharat Jan 1999

Peace And The Political Imperative Of Legal Reform In Palestine, George E. Bisharat

Case Western Reserve Journal of International Law

No abstract provided.

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Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 1999

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Both Israel and the United States are multi-ethnic societies with a large percentage of linguistic minorities.

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International Control Of Biological Weapons, Scott Keefer Jan 1999

International Control Of Biological Weapons, Scott Keefer

ILSA Journal of International & Comparative Law

Following the breakup of the Soviet Union and resulting decline in fear of nuclear war, attention has shifted to other threats that remained in the background during the superpower confrontation.

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News From The Inter-American System, Nicole Grimm Jan 1999

News From The Inter-American System, Nicole Grimm

Human Rights Brief

No abstract provided.

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Kosovo: History Of A Human Rights Crisis Part One Of A Two Part Series On The Kosovo Crisis, Sarah Aird Jan 1999

Kosovo: History Of A Human Rights Crisis Part One Of A Two Part Series On The Kosovo Crisis, Sarah Aird

Human Rights Brief

No abstract provided.

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A Profile Of Inter-American Commission President Robert K. Goldman, Sarah Aird, Tom Lynch Jan 1999

A Profile Of Inter-American Commission President Robert K. Goldman, Sarah Aird, Tom Lynch

Human Rights Brief

No abstract provided.

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Prosecuting Pinochet In Spain , Richard J. Wilson Jan 1999

Prosecuting Pinochet In Spain , Richard J. Wilson

Human Rights Brief

No abstract provided.

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Precedent-Setting Ngo Campaign Saves The World Bank's Inspection Panel, Daniel Bradlow Jan 1999

Precedent-Setting Ngo Campaign Saves The World Bank's Inspection Panel, Daniel Bradlow

Human Rights Brief

No abstract provided.

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Five Murdered Street Children In Guatemala: A Precedent Before The Inter-American Court Of Human Rights, Selina Kossen Jan 1999

Five Murdered Street Children In Guatemala: A Precedent Before The Inter-American Court Of Human Rights, Selina Kossen

Human Rights Brief

No abstract provided.

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News From The Inter-American System, Human Rights Brief Jan 1999

News From The Inter-American System, Human Rights Brief

Human Rights Brief

No abstract provided.

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Belarus Government Hinders Freedom Of Expression, Tom Lynch Jan 1999

Belarus Government Hinders Freedom Of Expression, Tom Lynch

Human Rights Brief

No abstract provided.

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