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Articles 361 - 390 of 600
Full-Text Articles in International Law
The War Of Attrition In Chiapas, Sarah C. Aird
The War Of Attrition In Chiapas, Sarah C. Aird
Human Rights Brief
No abstract provided.
East Timor: Will There Be Justice? , Barbara Cochrane Alexander
East Timor: Will There Be Justice? , Barbara Cochrane Alexander
Human Rights Brief
No abstract provided.
Point: U.S. Millitary Support For Plan Colombia: Adding Fuel To The Fire , Andrew Miller
Point: U.S. Millitary Support For Plan Colombia: Adding Fuel To The Fire , Andrew Miller
Human Rights Brief
No abstract provided.
Counterpoint: Plan Colombia And Human Rights , Luis Alberto Moreno
Counterpoint: Plan Colombia And Human Rights , Luis Alberto Moreno
Human Rights Brief
No abstract provided.
A Global Court? U.S. Objections To The International Criminal Court And Obstacles To Ratification, Teresa Young Reeves
A Global Court? U.S. Objections To The International Criminal Court And Obstacles To Ratification, Teresa Young Reeves
Human Rights Brief
No abstract provided.
News From The Inter-American System , Terri J. Harris
News From The Inter-American System , Terri J. Harris
Human Rights Brief
No abstract provided.
Human Rights Violations Against Muslims In The Xinjiang Uighur Autonomous Region Of Western China, Natasha Parassram Concepcion
Human Rights Violations Against Muslims In The Xinjiang Uighur Autonomous Region Of Western China, Natasha Parassram Concepcion
Human Rights Brief
No abstract provided.
News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh
News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh
Human Rights Brief
No abstract provided.
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)
Fordham Urban Law Journal
A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.
Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas
Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas
American University International Law Review
No abstract provided.
Reflections After Seattle, Renato Ruggiero
Reflections After Seattle, Renato Ruggiero
Fordham International Law Journal
The WTO cannot operate in isolation from the concerns of the world in which it exists. Our ability to advance trade, build a stronger system, and move forward in a new round will hinge on our ability to make simultaneous progression on these issues. How do we do this? First, we must move toward a more collective leadership, one that reflects the reality of a multipolar world and especially the emergence of developing-country powers. Second, we need to look at the policy challenges we face as pieces of an interconnected puzzle. Third, we need a new forum for the management …
The Wto Dispute Settlement System---A Practitioner Perspective, Mark Clough
The Wto Dispute Settlement System---A Practitioner Perspective, Mark Clough
Fordham International Law Journal
The purpose of this Essay is to discuss the areas in which the World Trade Organization dispute settlement system may be improved in light of the first five years of experience from the practitioner point of view, and in particular, practitioners advising business or governments acting on behalf of domestic businesses. Key reforms relating to implementation and compensation may not necessarily require an amendment to the Understanding on Rules and Procedures Governing the Settlement of Disputes, since they could be answered by changes in practice.
Europe's Evolving Regulatory Strategy For Gmos --- The Issue Of Consistncy With Wto Law: Of Kine And Brine, Robert Howse, Petros C. Mavroidis
Europe's Evolving Regulatory Strategy For Gmos --- The Issue Of Consistncy With Wto Law: Of Kine And Brine, Robert Howse, Petros C. Mavroidis
Fordham International Law Journal
This Essay deals with one question: If challenged, how would regulatory restrictions on genetically modified organisms ("GMOs") be judged by a World Trade Organization ("WTO") adjudicating body. Many of the controversies about the effect of WTO law on domestic regulation have been influenced by the view that the law as it stands may well impede the ability of governments to regulate new and uncertain risks to health and the environment. The result in the Beef Hormones case is often cited for this proposition. In this Essay we aim to show that, contrary to an increasingly widespread popular perception, if WTO …
The Wto As A Legal System, David Palmeter
The Wto As A Legal System, David Palmeter
Fordham International Law Journal
Part I describes Hart's view of the primary and secondary rules that are necessary for the existence of a modern legal system. Part II examines his view of international law, as resembling a primitive legal system. Part III evaluates the GATT legal system according to Hart's criteria for a modern legal system, while Part IV will do the same for the World Trade Organization (“WTO”). Part V will conclude with an evaluation of the WTO legal system.
Wto Blue-Green Blues: The Impact Of U.S. Domestic Politics On Trade-Labor, Trade-Environment Linkages For The Wto's Future, Gregory Schaffer
Wto Blue-Green Blues: The Impact Of U.S. Domestic Politics On Trade-Labor, Trade-Environment Linkages For The Wto's Future, Gregory Schaffer
Fordham International Law Journal
Part I of this Article provides a brief overview of the dominant discourse on linkages, which focuses on whether World Trade Organization (“WTO”) rules should be modified (or interpreted) to permit trade restrictions on environmental and labor rights grounds. Those fully familiar with the competing conventional approaches to trade-environment and trade-labor debates may either skim Part I or move directly to Part II. Parts II through V examine the political economy of trade-environment and trade-labor policy, particularly in the United States. Part II addresses the politics of trade-environment agenda setting and the reasons why U.S. critics more likely direct their …
Opportunities In The Wto For Increased Liberalization Of Goods: Making Sure The Rules Work For All And That Special Needs Are Addressed, Terrence P. Stewart, Patrick J. Mcdonough, Marta M. Prado
Opportunities In The Wto For Increased Liberalization Of Goods: Making Sure The Rules Work For All And That Special Needs Are Addressed, Terrence P. Stewart, Patrick J. Mcdonough, Marta M. Prado
Fordham International Law Journal
Different governments focus on different parts of the existing World Trade Organization rules as posing opportunities for their producers to expand trade if the rules were relaxed or eliminated. While this may be understandable, it is the premise of this Essay that such an approach, if pursued, would result in slower trade liberalization, not increased liberalization, as those segments of industry perceiving that the existing equilibrium is not to their advantage are given no options other than to oppose further liberalization. When, as in agriculture, domestic politics can threaten the survival of governments, liberalization without strong rules can only be …
Presumed Guilty?: Criminal Justice And Human Rights In Mexico, Luke Mcgrath
Presumed Guilty?: Criminal Justice And Human Rights In Mexico, Luke Mcgrath
Fordham International Law Journal
This Report is divided into five parts, which track the main issues that the mission examined. Part I examines the arbitrary arrest and detention practices that are widespread in Mexico. Part II explores the conditions and standards that lead to the taking of coerced confessions, as well as the ready use of such confessions at trial. In Part III, this Report turns to issues relating to legal representation in Mexico, especially the denial of access to counsel at critical points of the criminal process. The intimidation of defense attorneys, persons of confidence, and human rights advocates furnishes the subject of …
Compensating Victims Of Aviation Disasters: Establishing Uniform And Equitable Remedies For Accidents Over Water, Melissa Pucciarelli
Compensating Victims Of Aviation Disasters: Establishing Uniform And Equitable Remedies For Accidents Over Water, Melissa Pucciarelli
Fordham International Law Journal
This Comment tracks the development U.S. law, and international law, as it pertains to aviation crashes off the coast of the United States. Part I of this Comment details the vehicles for providing relief to the families of victims killed in aviation disasters. U.S. federal statutes, international agreements, maritime common law, and U.S. state law, depending on the circumstances, now may apply to actions for the recovery of damages for wrongful death. Part II discusses the recent initiatives proposed by the U.S. Senate and the U.S. House of Representatives to provide equitable treatment to the families of disaster victims. This …
The Julietta Gold Mining Project: Lessons For Project Finance In The Emerging Markets, Ian R. Coles
The Julietta Gold Mining Project: Lessons For Project Finance In The Emerging Markets, Ian R. Coles
Fordham International Law Journal
This essay discusses the Julietta gold mining project and the categories of risk that investors and lenders look at when assessing the suitability of a project. The financing of projects on a limited recourse basis in the emerging markets is a subject that has received much attention over the course of the last several years. This has been particularly the case with respect to mining projects where declining commodity prices worldwide have led to the need for mining companies to access minerals in countries where the costs of extraction are lower than in the developed markets. The recent decline in …
Emerging Market Growing Pains: Lessons Of The California Power Crisis, George K. Miller
Emerging Market Growing Pains: Lessons Of The California Power Crisis, George K. Miller
Fordham International Law Journal
In his March 15 column in The Wall Street Journal, David Wessel drew some interesting comparisons between Indonesia's and California's power crises. He observed that the U.S. federal government and bond market will have assisted California on terms much more favorable than those the International Monetary Fund imposed on Indonesia. Obviously California is not facing the same issues regarding currencies and interest rates. Both governments, however, face the political challenge of deregulating retail rates for electricity.
Islamic Shari'ah- Compliant Project Finance: Collateral Security And Financing Structure Case Studies, Michael J.T. Mcmillen
Islamic Shari'ah- Compliant Project Finance: Collateral Security And Financing Structure Case Studies, Michael J.T. Mcmillen
Fordham International Law Journal
This Essay addresses collateral security structures and project financing structures used in project financings where the structure of, and documentation for, the financing is compliant with the precepts of Islamic Shari'ah. The Essay first provides a brief summary of the sources and exposition of Shari'ah principles in financing transactions. It then surveys economic and financial trends in Saudi Arabia promoting and supporting the project financings discussed in the Essay. General legal considerations influencing development of the structure are then identified, including the absence of a statutory structure, the inapplicability of stare decisis, and the fact that many laws are not …
Export Credit Agencies, Project Finance, And Commercial Risk: Whose Risk Is It, Anyway?, Rodney Short
Export Credit Agencies, Project Finance, And Commercial Risk: Whose Risk Is It, Anyway?, Rodney Short
Fordham International Law Journal
This Essay questions whether Extra Credit Agencies should provide such long-term commercial risk insurance in project finance transactions. It can be argued that ECA-provided commercial risk insurance in project financings lifts from commercial banks the onus of rigorously analyzing the commercial risks of a project and that ECAs lack the institutional experience and commercial orientation to sufficiently appraise a project's commercial risk. This leads to the very real possibility that projects will be undertaken that on their own (i.e., without commercial risk insurance) might not be commercially viable.
Procedural Rights And Issues In The Enforcement Of Articles 81 And 82 Of The Ec Treaty, Koen Lenaerts, Ignace Maselis
Procedural Rights And Issues In The Enforcement Of Articles 81 And 82 Of The Ec Treaty, Koen Lenaerts, Ignace Maselis
Fordham International Law Journal
A discussion of evidentiary and procedural standards regarding Articles 81(1) and 82 of the EC Treaty, which deal with infringements of anti-competitive collusion.
Preserving Indigenous Paradigms In An Age Of Globalization: Pragmatic Strategies For The Development Of Clinical Legal Aid In China, Michael William Dowdle
Preserving Indigenous Paradigms In An Age Of Globalization: Pragmatic Strategies For The Development Of Clinical Legal Aid In China, Michael William Dowdle
Fordham International Law Journal
This Essay uses the experiences of international efforts to promote clinical legal aid in China to explore one such unexpected consequence of globalization: international assistance's understandable focus on more familiar kinds of legal aid institutions and activities can unintentionally impede the development of indigenous legal aid practices and institutions that might ultimately be better suited for the particular domestic environment. Part I of this essay will discuss international efforts to promote clinical legal aid in China, Part II will discuss reductive strategies for promoting legal development and the problems they present, Part III will discuss pragmatic strategies for promoting legal …
Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers
Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers
Fordham International Law Journal
There are likely to be two effects on the provision and demand for legal aid. First, under Article 6 of the ECHR, there may be a requirement for free legal advice and representation for those whose civil rights are at issue in complex cases and who could not otherwise afford it. This may particularly affect representation before tribunals, which deal with matters for which no legal aid is currently available such as employment, welfare benefits, and immigration. Legal aid has already been promised for immigration and asylum tribunals. Second, there is likely to be a large amount of litigation in …
Reception, Justice Juanita Bing Newton
Reception, Justice Juanita Bing Newton
Fordham International Law Journal
Justice Juanita Bing Newton, Deputy Chief Administrative Judge for Justice Initiatives for the State of New York, welcomes participants to a reception. She described her position and her role in spearheading access to justice initiatives in New York.
Welcoming Remarks: April 8, 2000, Michel Gout
Welcoming Remarks: April 8, 2000, Michel Gout
Fordham International Law Journal
Michel Gout welcomed participants and described access to justice initiatives in the European Union. He discussed various instruments in European Union law that ensure access to justice (European Court of Justice, Court of First Instance, European Court of Human Rights, Brussels Convention Article 44, Hague Convention 2 Relating to Civil Procedures, Hague Convention 99 on Access to Justice, and Agreement of the COuncil of Europe on Transmission for Applications to Legal Aid). Mr. Gout described the successes of these instruments, and also the obstacles the European Union still faces in providing legal aid for its citizens.
Issues Of Concern To Developing And Transitional Countries, Frank Upham, Martin Bohmer, Felix Morka, Linas Sesickas, Futoshi Toyama
Issues Of Concern To Developing And Transitional Countries, Frank Upham, Martin Bohmer, Felix Morka, Linas Sesickas, Futoshi Toyama
Fordham International Law Journal
Led by moderator Frank Upham, the panelists discussed legal aid in the context of societies transitioning from one form of social order to another, and the institution-building that is required.
The Hong Kong Special Administrative Region As A Model Of Regional External Autonomy, Xiaobing Xu, George D. Wilson
The Hong Kong Special Administrative Region As A Model Of Regional External Autonomy, Xiaobing Xu, George D. Wilson
Case Western Reserve Journal of International Law
No abstract provided.