International Law Commons^™

Israel, Palestine, And The Olso Accords, Jillallison Weiner

Fordham International Law Journal

This Comment addresses the Middle East peace process, focusing upon the relationship between Israel and Palestine. Part I discusses the background of the land that today comprises the State of Israel and its territories. This Part summarizes the various accords and peace treaties signed by Israel, the Palestinians, and the other surrounding Arab Nations. Part II reviews commentary regarding peace in the Middle East by those who believe Israel needs to surrender more land and by those who feel that Palestine already has received too much. Part II examines the conflict over the permanent status negotiations, such as the status …

Looking Back . . . And Ahead, Hugo Paemen

Fordham International Law Journal

It seems that any projection of Europe's future today must pass through the prism of its multi-faceted relationship with the United States. To some Europeans, this thought is obnoxious. The role of the United States as the sole world power, however, makes this concept even more ineludible. How should it be done? And how can the United States help, once more? These are some of the thoughts that occasionally crop up in the back of the mind of someone dealing with the day-to-day vicissitudes of European Union (‘EU‘) and U.S. relations.

The Future Of Genocide: A Spectacle For The New Millenium?, David M. Smolin

Fordham International Law Journal

The lines between bearing witness and producing entertainment, between genuine outrage and self-righteous apathy can be initially difficult to discern. Such differences lie in the difficult areas of ethics, religion, and the hidden recesses of the human heart. Nonetheless, over thousands of years various world religions have sought to come to terms with the deepest questions pertaining to intention, action, and ethics, and particularly with the manner in which human beings are trained in ways of life or death. This Essay shall include some specifically Christian theological perspectives on the dilemmas that draw us toward the specter of genocide as …

The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel

Fordham International Law Journal

The United States was one of only seven nations to vote against the treaty. The ensuing debate within the United States has properly focused on whether the United States can and should ratify the treaty or, if not, whether as a non-party the United States should support or oppose the new court. Largely overlooked, however, are two separate but related questions: (1) should the existing, incomplete jurisdiction of U.S. courts over crimes within the ICC Statute be expanded to ensure that such crimes may also be prosecuted in U.S. courts, under universal jurisdiction or other bases allowed by international law?; …

Balancing The Need For Repatriation Of Illegally Removed Cultural Property With The Interests Of Bona Fide Purchasers: Applying The Unidroit Convention To The Case Of The Gold Phiale, Ian M. Goldrich

Fordham International Law Journal

This Comment explores the various legal methods designed to protect cultural property and to prevent its illegal removal. Part I examines both international and U.S. efforts to prevent illegal removals of cultural property. This Part briefly outlines the history of cultural property protection, focusing upon the first international agreements to contain cultural property protections and their failure during World Wars I and II. Part I also explores post-World War II international efforts to protect cultural property during both peacetime and war. Finally, Part I analyzes U.S. efforts to prevent the importation of illegally removed cultural property through the application of …

Protecting The Rights Of Pediatric Research Subjects In The International Conference On Harmonisation Of Technical Requirements For Registration Of Pharmaceuticals For Human Use, Ann E. Ryan

Fordham International Law Journal

This Comment argues that the parties to the International Conference on Harmonization of Technical Requirements for Regulation of Pharmaceutical Drugs (ITCH) should adopt more specific guidelines for pediatric research than those included in its Good Clinical Practice Guidelines (ICH GCP), and analyzes their attempt to do so in the Draft Guideline on Pediatric Trials. Part I of this Comment outlines the genesis of the current international guidelines for human research and how they relate to pediatric subjects. Part I also explains the human research guidelines of the three principal members of the ICH. Part II describes the function of the …

A Critical Review Of The White Paper On The Reform Of The Ec Competition Law Enforcement Rules, Mario Siragusa

Fordham International Law Journal

This Essay discusses concerns raised by the core proposal in the Commission of European Communities' (“Commission”) recently published White Paper on Modernisation of the Rules Implementing Articles 85 and 86 of the Treaty establishing the European Community (“White Paper”), namely the ending of the authorization and notification system.

Sink Or Swim Together? Developments In European Citizenship, Annette Schrauwen

Fordham International Law Journal

This article raises questions related to the rights connected with European citizenship. Furthermore, it gives rise to the discussion of the basis of European citizenship. Finally, it questions the value of European citizenship to the benefit of raising popular support of European integration.

State, Sovereignty, And Taiwan, Y. Frank Chiang

Fordham International Law Journal

Two separate statements made by the high officials of the two Chinese governments in 1999 call into question the sovereignty of Taiwan. These two statements relate to the sovereignty of Taiwan. The first raises the question whether Taiwan is a sovereign state. The second statement raises the question whether China has sovereignty over Taiwan. This Article concludes that although Taiwan is a civil society, it is not a state, and offers a solution in the form of a referendum by the people in Taiwan with an international guarantee of its result. The article suggests that the U.S. and other governments …

Modernization Of Ec Competition Law, Ian Forrester

Fordham International Law Journal

Before discussing the future reforms, I shall recall the curious features of the current competition law regime that is likely to last for a year or two longer. I shall then consider the implications of the proposed enforcement reform and the difficulties of predicting how it will work. Then I will turn to the apparent radicalism but concealed caution of the proposed new rules on vertical restraints and whether the proposed new powers of investigation for the Commission of the European Communities (or ‘Commission‘) are compatible with the Convention for the Protection of Human Rights and Fundamental Freedoms (“Human Rights …

The Function Of State And Diplomatic Privileges And Immunities In International Cooperation In Criminal Matters: The Position In Switzerland, Paul Gully-Hart

Fordham International Law Journal

In so far as diplomats are concerned, their immunity from legal process arises under customary international law and treaty law (i.e., the Vienna Convention on Diplomatic Relations,' the Vienna Convention on Consular Relations,2 and the New York Convention on Special Missions' (or "New York Convention")). All three conventions state in their preliminaries that diplomatic immunity and privilege arise from international custom and that their function is not to benefit individuals, but to ensure the smooth and efficient performance of their duties in the interest of comity and of friendly relations between sovereign nations.

Defense Requests For International Judical Assistance: The U.K. Perspective, Christopher Murray

Fordham International Law Journal

The purpose of this Essay is to examine the machinery for providing evidence to defendants in foreign proceedings and the extent to which there is equality of arms and opportunity between the prosecutor and defendant when obtaining evidence from abroad in U.K. proceedings. This Essay will also identify the new problems that are starting to emerge when such equality is threatened. To do so, it explores the mechanism by which mutual assistance is governed in the United Kingdom - the Criminal Justice (International Co-operation) Act of 1990.

Book Review: The Rights International Companion To Criminal Law & Procedure: An International Human Rights & Humanitarian Law Supplement, Bruce Zagaris

Fordham International Law Journal

This Book Review provides a compact supplement to teaching criminal law and procedure by providing materials on the sources and application of international human rights and humanitarian law to criminal law. Part One reviews the sources and principles of international law. Part Two contains treaties and statutes setting forth the principles of state liability and individual culpability. Part Three provides excerpts from some of the major international criminal tribunals and some of the applicable treaty law. Part Four discusses criminal procedure. Part Five contains a discussion of principles of punishment for international crimes and the consideration of the death penalty …

The Contractor's View, Martin Heubel

Fordham International Law Journal

I would like to summarize five key areas of risk the government donor of the concession, financial institutions, or other types of project sponsors are exposed to and the contractors involved, which means the groups who are designing, delivering, and putting into operation those plants and installations for periods generally expected to be twenty, thirty, or thirty-five years. These five risk categories are: first, that the project has to be completed in time, within budget, and has to be kept in operation; second, that the project must generate the cash flow required for the debt service and the return on …

Competition Law And Regulation Law From An Ec Perspective, John Temple Lang

Fordham International Law Journal

These comments look at the subject from a legal viewpoint, in contrast to the Essay by Professor Dr. Günter Knieps, which uses an economic approach. His Essay raises several issues concerning access: (1) who should be obliged to give it; (2) to whom; (3) in what circumstances; and (4) on what terms? In practice, the precise answers will depend on whether European Community (“Community” or “EC”) competition law, national competition law, or national telecommunications law based on Community directives, are being applied. As far as possible, the same answer should be given in all cases.

Defense Strategies Of National Carriers, Romina Polley

Fordham International Law Journal

This Essay will examine strategies implemented by national carriers in the European Union (or ‘EU‘) to preserve their longstanding monopolies that were constructed and protected by Member States against new airlines emerging in the framework of the liberalization of European Community (“EC” or “Community”) air transport. This analysis necessitates an assessment of whether liberalization of air transport in Europe has been a success, and if not, or not completely, what remains to be done to allow new entrants to challenge flag carriers, which still benefit from the advantages attributable to former protectionist regulation.

Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews

Articles & Chapters

No abstract provided.

Jurisdictional Salvation And The Hague Treaty, Kevin M. Clermont

Cornell Law Faculty Publications

The United States' law of territorial jurisdiction in civil cases is a mess. Many commentators, here and abroad, have said so for a long time. The United States' treatment of foreign judgments, however, stands in contrast. As a well-behaved member of the international community of nations, the United States eagerly gives appropriate respect to foreign judgments, despite sometimes getting no respect in return.

Now, ongoing negotiations at the Hague have generated a prospect for an international agreement on the reciprocal treatment of foreign judgments. The envisaged treaty would ensure mutual respect of judgments among contracting countries, but it would also …

Causes Of Inequality In The International Economic Order: Critical Race Theory And Postcolonial Development, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

Emerging Leader Of The Tax Avant-Garde, Andrzej J. Burba

Vanderbilt Journal of Transnational Law

In 1998, Poland's Minister of Finance Leszek Balcerowicz unveiled a plan to restructure the tax system. His fiat tax proposal promises numerous benefits to individual and corporate taxpayers with significant reduction in tax rates for both groups. The new plan offers to further strengthen Poland's growing economy--a consequence that is especially significant in light of the country's aspiration to join the European Union. It provides a remedy for virtually every ailment plaguing the current tax system and, most importantly, the reform offers to finance itself This Note argues that the plan should be adopted immediately for the following reasons: (1) …

The Evolution Of The Fresh-Start Policy In Israeli Bankruptcy Law, Rafael Efrat

Vanderbilt Journal of Transnational Law

A fresh-start policy in bankruptcy provides the honest but financially troubled individual some form of financial relief in an attempt to provide him with an opportunity to productively reintegrate into the economy and society. While some countries today provide broad financial relief to individuals who resort to bankruptcy protection, many countries have retained a largely limited as well as punitive fresh-start policy.

This Article explores the evolution of the fresh-start policy in Israel. While it briefly examines the attitudes and practices adopted towards financially troubled individuals historically in the Jewish tradition, it focuses on tracing those attitudes and practices to …

The Sheinbein Case And The Israeli-American Extradition Experience: A Need For Compromise, Abraham Abramovsky, Jonathan I. Edelstein

Vanderbilt Journal of Transnational Law

This Article will examine the political ramifications of the extradition process and the need for compromise to prevent domestic politics from undermining the ends of law enforcement. This Article will also suggest possible measures to ease the complications that extradition poses to international law enforcement cooperation. Part II of this Article will examine the facts of the most recent and dramatic example of the politics of extradition as played out in the Sheinbein case. Part III will analyze other issues which have placed obstacles in the path of practical law enforcement and international relations, and the way that the United …

The Dichotomy Between Standards And Rules, Mary C. Daly

Vanderbilt Journal of Transnational Law

The differences in perception between U.S. and foreign lawyer codes of conduct is more than simply a matter of academic interest or curiosity. It is only a matter of time until the WTO turns its attention to the codes, examining whether and to what extent they create illegitimate regulatory barriers to trade in legal services. As the participants in the Forum on Transnational Legal Practice have come to realize, if the legal profession is to play a meaningful role in cross-border regulation, it must seize the initiative, much as the CCBE did in 1988 with the adoption of the CCBE …

Sub-Regional, Regional And International Co-Operation In Responding To And Deterring Transboundary Marine Pollution, Bernard H. Oxman

Articles

No abstract provided.

Discovery In International Legal Developments Year In Review: 1998, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-1783, and the Federal Rules of Civil Procedure, in particular Rule 28(b). The leading case on the topic of international discovery is the Supreme Court's decision in Société Nationale Industielle Aerospatiale v. United States District Court. Many later cases base their reasoning on interpretations of Aerospatiale. This article is a brief review of developments during the year.

Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian

Faculty Publications

One of the World Trade Organization’s (WTO's) more remarkable and controversial innovations is its mechanism for resolving trade disputes among member states. Traditionally, states have resolved such disputes in "pragmatic" fashion, through negotiation and compromise informed by the relative power of the parties involved. But no longer: the WTO's Understanding on Rules and Procedures Governing the Settlement of Disputes (the DSU) provides that disputes between member states are to be resolved in adversary proceedings before impartial panels of experts." Under the DSU, panels have authority to decide whether members' laws violate international trade norms; panel decisions are essentially binding, though …

Discussant, In Response To Justice Richard J. Goldstone, 1998 Otto L. Walter Lecture: International Human Rights At Century’S End, Stephen Ellmann

Articles & Chapters

No abstract provided.

Ingos As Political Actors, Makau Mutua

Journal Articles

No abstract provided.

Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder

Journal Articles

The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal …

Treaty Congestion In International Environmental Law: The Need For Greater International Coordination, Bethany Lukitsch Hicks

University of Richmond Law Review

The number of multilateral environmental agreements in the international community has proliferated greatly since the 1972 United Nations Conference on the Human Environment held in Stockholm, Sweden. When the conference was held in 1972, there were approximately three dozen multilateral environmental agreements in existence. In 1989, the United Nations' Environmental Programme (UNEP) Register of Environmental Agreements listed a total of 139 treaties. Today, there are more than 900 international legal instruments, including treaties and binding or non-binding agreements that "are either focused on [the] environment or contain one or more important provisions concerned with the environment." This growth and success …