International Law Commons^™

Equal Access To Justice: Comparing Access To Justice In The United States And Other Industrial Democracies, Justice Earl Johnson, Jr.

Fordham International Law Journal

It is time--long past time--for the United States to join the growing international consensus that words like “due process,” “fair hearing,” “equal protection of the laws,” and “equality before the law,” all express a universal principle--a right to equal justice to be enjoyed by everyone. And, as the European Court on Human Rights pointed out, if this right is to be “practical and effective,” and not merely “theoretical or illusory,” then for those unable to afford counsel, the right to equal justice must include the right to a lawyer supplied by government. Why is this so important? As the European …

Legal And Judicial Development: The Role Of Civil Society In The Reform Process, Maria Bakolias

Fordham International Law Journal

While many governments are undertaking reforms that aim to improve judicial and legal systems, there is a growing realization that civil society plays a vital and even necessary role in these efforts. Civil society is critical in these, as well as the reform efforts which are outside of government-initiated programs. Drawing on a few selected examples, this Paper aims to show why civil society is a key player in such reform activities and how civil society has participated in the reform process in selected countries. Specifically, many of these examples are supported by projects financed by the World Bank. The …

Access To Justice In Lithuania, Linas Sesickas

Fordham International Law Journal

This article examines the state of the Lithuanian legal system ten years after its independence and offers suggestions for reforms that would increase citizens' access to justice. The article addresses issues arising from the increasing legal and economic complexity of Eastern Europe and the corresponding increased need for legal advice. Finally, the article notes the difficulty in acheiving individualism and human rights goals while socio-economic disparity is increasing.

The Banana Split: Has The Stalemate Been Broken In The Wto Dispute? The Global Trade Community's "A-Peel" For Justice?, Aisha L. Joseph

Fordham International Law Journal

This Comment examines the latest developments of the banana trade dispute, which threatens to disrupt, the economies of Third World countries and international relations on a general scale. Part I reviews the background of the legal treaties and the international organizations involved in the dispute, as well as the parties involved, and the dispute's basic history. Part II examines the dispute's procedural history, as presented before the World Trade Organization (“WTO”), and also highlights recent developments. Part III evaluates the WTO's legal rulings and analyzes key aspects of the banana dispute. Part III also suggests that while the system of …

International Project Finance And Arbitration With Public Sector Entities: When Is Arbitrability A Fiction?, Mark Kantor

Fordham International Law Journal

This article reviews the events surrounding two prominent arbitration decisions related to two Indonesia geothermal power projects sponsored by CalEnergy Company, Inc. ("CalEnergy"), known as the Patuha and Himpurna projects, and a Pakistani power project developed by the Hub Power Company, Ltd. ("HubCo"). The aggressive involvement of local courts in the CalEnergy and HubCo proceedings does not reassure investors relying on the perceived neutrality of international arbitral institutions to mitigate the risk of uncertain justice in unstable countries. The author asks: Are problems between State entities in troubled developing countries and international project sponsors simply not arbitrable as a practical …

The Modernization Of The Enforcement Of Articles 81 And 82 Ec: A Legal And Economic Analysis Of The Commission's Proposal For A New Council Regulation Replacing Regulation No. 17, Wouter P.J. Wils

Fordham International Law Journal

The purpose of this Essay is to analyze the proposed new regime for the enforcement of Articles 81 and 82 of the EC Treaty, compared with the current situation under Regulation No. 17, in the light of the four dimensions which have just been identified. The issue of timing of legal intervention is discussed first. Indeed, the most important aspect of the proposed reform is the abandonment of the current (pretence at) ex ante enforcement through prescreening and the move to a pure system of ex post enforcement through deterrence. The following section looks at the role of the competition …

The Effect Of Globalization On Domestic Legal Services, Michael Dowdle, E. Clinton Bamberger, Dorchen Leidholdt, Filipe Gonzalez Morales, Lucie White

Fordham International Law Journal

Globalization, in the context of this panel, refers to international, trans-border processes which are not regulated by the international legal framework, either private law or public international law. These processes, these unregulated influences, are having both positive and negative effects and affecting aspects of culture and society which had previously been considered domestic or wholly domestic concerns. This is creating a tension within both the domestic and international environments, and it is this particular tension that this panel seeks to address.

E. Clinton Bamberger, Emeritus Professor of Law, University of Maryland Law School, will speak about how domestic systems in …

Masthead, Volume 32 Issue 1 (2000)

Case Western Reserve Journal of International Law

No abstract provided.

International Intellectual Property Litigation In The Next Millenium, Justice Jacob Hon.

Case Western Reserve Journal of International Law

No abstract provided.

Proposed Palestinian Law On International Commercial Arbitration, Palestine Legislative Council

Case Western Reserve Journal of International Law

No abstract provided.

Euro Conversion Legislation: An Inadequate Means To Protect Parties To Derivatives Contracts, Steven H. Emery

Case Western Reserve Journal of International Law

No abstract provided.

Pluralities Of Justice, Modalities Of Peace: The Role Of Law(S) In A Palestinian-Israeli Accommodation, Perry Dane

Case Western Reserve Journal of International Law

commentary

Journal Of International Law Intellectual Property Symposium--The Conceptual Framework, Journal Of International Law

Case Western Reserve Journal of International Law

concept paper

Intellectual Property Rights And Economic Development, Keith E. Maskus

Case Western Reserve Journal of International Law

No abstract provided.

The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, J.H. Reichman

Case Western Reserve Journal of International Law

No abstract provided.

Palestinian Legislative Council Proposed Arbitration Law, Palestine Legislative Council

Case Western Reserve Journal of International Law

No abstract provided.

Volume 32 Issue 3 (2000), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Footprints Of Death: Cluster Bombs As Indiscriminate Weapons Under International Humanitarian Law, Virgil Wiebe

Michigan Journal of International Law

This Article applies these principles of discrimination to the real, rather than idealized, use and characteristics of cluster bombs. Briefly stated, these principles call upon parties to an armed conflict to distinguish between civilians and combatants and to weigh the military advantages of a particular weapon or type of attack against the harm it will do to civilians and civilian objects. This Article also considers briefly the global problem of cluster munitions and examines fundamental components of the discrimination principle as they apply to cluster bombs. As three specific case studies, it analyzes the use of cluster bombs by breakaway …

Jurisdiction And The Internet: The "Real World" Meets Cyberspace, Michael Gilden

ILSA Journal of International & Comparative Law

In a world where global communications are increasingly dependent on the Internet,' traditional geographic and territorial borders are disappearing, leaving in their wake important and unanswered questions.

2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet

ILSA Journal of International & Comparative Law

The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.

2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad

ILSA Journal of International & Comparative Law

The Governments of the State of Kuraca and the Republic of Senhava have recognized as compulsory ipsofacto in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2.

Where On Earth Does Cyber-Arbitration Occur?: International Review Of Arbitral Awards Rendered Online, Tiffany J. Lanier Esq.

ILSA Journal of International & Comparative Law

As international commerce continues to increase in online volume, so to will disputes arising out of that online commerce.

Undp's National Execution Modality: On The Road To Turning The Management Of Development Programmes Over To Programme Governments, Francis M. Ssekandi, Peri Lynne Johnson

ILSA Journal of International & Comparative Law

The United Nations Development Programme (UNDP) is the cornerstone of the United Nations efforts in the field of international development cooperation and operates as the central funding and catalytic mechanism of the United Nations development system.

The Impact Of Mozambiques Land Tenure Policy On Refugees And Internally Displaced Persons, Bina Hanchinamani

Human Rights Brief

No abstract provided.

Law No. 153: Its Impact On Egyptian Non-Governmental Organizations, Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

News From The Inter-American System, Cathleen Caron

Human Rights Brief

No abstract provided.

Women In Nepal: Human Rights In Theory, Human Rights In Practice, Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

Rape: A Survey Of Current International Jurisprudence, Christine Strumpen-Darrie

Human Rights Brief

No abstract provided.

European Court Of Human Rights Overturns British Ban On Gays In Military, Richard Kamm

Human Rights Brief

No abstract provided.

News From The Inter-American System, Cathleen Caron

Human Rights Brief

No abstract provided.