International Law Commons^™

More Sorry Than Safe: Assessing The Precautionary Principle And The Proposed International Biosafety Protocol, Jonathan H. Adler

Faculty Publications

Part I of this paper provides a brief overview of the development of biotechnology, its regulation and its use, with a particular emphasis on agricultural biotechnology. Part II outlines the United Nations Convention on Biological Diversity, which provides an international legal framework for a biosafety protocol and summarizes the results of recent protocol negotiations, such as those conducted in Cartagena, Colombia in February 1999, which continued in Montreal in January 2000. Part III explains why the proposed protocol embodies a variant of the precautionary principle and why such policies may do more harm than good. This paper concludes with some …

Legal Practice Rights Of Domestic And Foreign Lawyers In The United States , Roger J. Goebel

Faculty Scholarship

In the post-World War II international economy, with its enormous growth in transnational trade and investment, multinational legal practice has become a functional reality. Within the last two decades, the volume of trans-border legal practice has grown enormously in fields such as trade law, international banking and finance, international arbitration and litigation, international contractual and joint venture arrangements, transborder acquisitions and mergers, international antitrust, inter- national tax planning, and foreign investment counselling. Domestic law firms within the leading commercial nations have not only grown substantially in size, often by merger, they have also increasingly created networks of foreign branch offices, …

Global Climate Change Kyoto Protocol Implementation: Legal Frameworks For Implementing Clean Energy Solutions, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

This paper describes the measures that have been and can be taken and the legal mechanisms by which successes have been achieved in reducing greenhouse gases. Examples are given of success stories from around the world, but these examples are just demonstrative. Many hundreds of programs have been pursued successfully around the world in both industrial and developing countries. What does emerge, however, is clear evidence that global warming can be effectively addressed and that many significant steps have been taken profitably in both the public and private sectors, offering significant business, export and job opportunities, and that much can …

From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern

Articles by Maurer Faculty

In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.

With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of …

The Rise Or The Fall Of International Law?, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

This Article argues that traditional international law is healthy in the sense that there are more international agreements than ever, and States continue to serve important roles in the international system. It is falling, however, as the sole focus of international legal efforts. It is necessary to redefine international law to include actors other than States among those who make international norms and who implement and comply with them, and to include legal instruments that may not be formally binding. These developments raise three important issues: the need for the new actors to be accountable and for the new norms …

The Wto, Looking Ahead, Mike Moore

Fordham International Law Journal

In this Essay, I would like to focus simply on some key points which I believe are central to the WTO's present, and also to its future. This Essay begins by discussing the importance of the rule of law to the WTOs work. Part II talks about changes that have come with an expanding membership. Part III concludes with a review of recent events and an optimistic outlook for the WTO.

The Future Of The Wto And The Reform Of The Anti-Dumping Agreement: A Legal Perspective, Konstantinos Adamantopoulos, Diego De Notaris

Fordham International Law Journal

This short contribution aims at identifying certain provisions of the Agreement that might be considered for amendment, in light of the general principles that, in our view, should inspire the reform of the ADA. Part I below deals with such general principles; Part II sets out suggestions concerning the determination of the product scope in an anti-dumping investigation; Part III deals with Article 5 of the ADA (initiation of the investigation); Part IV is concerned with amendments to Article 2 ADA (dumping); Part V deals with Article 3 ADA (injury); Part VI concerns the reform of Article 11 ADA (reviews …

Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i

Fordham International Law Journal

This Essay first reviews the controversy surrounding the issuance of procedures for amicus curiae submissions by the Appellate Body in E.C.—Asbestos. Second, it looks at the history and practice of amicus curiae briefs at the WTO. Third, the Essay looks at how in the United States an amicus curiae has changed from being a “friend of the court” to a “judicial lobbyist,” and specifically, focusing on the procedural approach taken by the U.S. Supreme Court in addressing the negative impact of such judicial lobbying. Finally, the Essay draws certain lessons from the U.S. experience and concludes that the Appellate Body …

Marxist Origins Of The "Anti-Third World" Claim, Raj Bhala

Fordham International Law Journal

This Essay is an experiment — a try-out — of an argument. The argument concerns what I regard to be the most serious of the claims made by the critics, namely, the claims concerning the relationship between the WTO and international trade law, on the one hand, and the Third World, on the other hand. The claim is this: the WTO is anti-development, and international trade law helps tilt the playing field on which the great game of trade is played against developing countries. It is the "most serious" of the claims, I think, because the giant and still growing …

Pax Mercatoria: Globalization As A Second Chance At "Peace For Our Time", Jim Chen

Fordham International Law Journal

This Essay completes a scholarly cycle in which I have defended free trade and international economic cooperation against charges that globalization will harm the environment and drain jobs from the high-wage economies of western Europe, Japan, and the United States. The demolition of geographic and social barriers since the end of the Cold War has delivered not only material wealth but also physical tranquility, political stability, and personal freedom to vast portions of the world's population. The path to peace lies today, as it did in 1938, not in a retreat to obsolete notions of local sovereignty, but in a …

The Elimination Of Export Subsidies And The Future Of Net-Food Importing Developing Countries In The Wto, Tashi Kaul

Fordham International Law Journal

Before providing an overview of the current situation, Section I of this Essay examines past trends in the world agricultural trade in order to demonstrate how the share of the world's agricultural trade from developing and least-developed countries has stagnated compared to those of the industrialized countries. Section II discusses the factors which have led to this stagnation, including one of the most significant factors — the use of export subsidies, as exemplified by CAP. Section III analyzes the implications of eliminating such protectionism for NFIDCs, which form the main focus of this Essay. Section IV briefly addresses the implementation …

Protection Of Public Health And The Role Of The Precautionary Principle Under Wto Law: A Trojan Horse Before Geneva's Walls?, Dr. Hans-Joachim Priess, Dr. Christian Pitschas

Fordham International Law Journal

This article discusses the different understandings of the meaning of the precautionary principle as a means to cope with public health risks. The article reviews the position of the Treaty Establishing the European Community (“EC”) on this principle to assess whether, and to what extent, the EC’s position conforms to the limits imposed by World Trade Organization (“WTO”) law. I will examine whether the precautionary principle, as interpreted by the EC, is reconcilable with the WTO agreements and forms part of WTO law. As it stands now, other WTO members are well advised to take a cautious stance on the …

International Trade As A Vector In Domestic Regulatory Reform: Discrimination, Cost-Benefit Analysis, And Negotiations, Joel P. Trachtman

Fordham International Law Journal

This brief Essay summarizes, updates, and integrates work I have done elsewhere in order to suggest, first, why cost-benefit analysis is not used in dispute settlement, second, how to evaluate substitute formulae that are available for use within dispute settlement, and finally, how dispute settlement and treaty-making relate to one another in this field. This Essay considers the role of international discipline by dispute resolution bodies, in comparison to multilateral treaty-making or other legislation. Treaty-making or other legislation may take the form of harmonization to one degree or another, or importantly, may take the form of agreed rules of prescriptive …

Homage To A Bull Moose: Applying Lessons Of History To Meet The Challenges Of Globalization, Theodore R. Posner, Timothy M. Reif

Fordham International Law Journal

It would appear that some critics' cure for the World Trade Organization (“WTO”) is to build it up, while for others, the cure is to tear it down, or at least to diminish its competence. This seeming contradiction makes it difficult to assess and respond to legitimate criticisms of the WTO. The purpose of this Essay is to address this apparent conundrum. In particular, we attempt to shed light on it by (1) describing the nature of the imbalance that exists in the world trading system today (Part I); (2) offering an historical and legal framework for understanding the seemingly …

Trade Liberalization And Dangerous Political Games, Jorge B. Riaboi

Fordham International Law Journal

I will start this Essay by saying that it is fundamentally misleading to assume that the disagreement over the shape and content of the agenda for the World Trade Organization's (“WTO”) negotiations that broke-up the Seattle's Conference is either the only or the real stumbling block to maintain the pace of trade liberalization. It also is misleading to assume that the present business as usual look that has prevailed since February 2000 in Geneva, means that the substantive problems are over and that everything is just fine. In my view, we face other kinds of conflicts. The first is the …

Adjudicating Disappearance Cases In Turkey: An Argument For Adopting The Inter-American Court Of Human Rights' Approach, Irum Taqi

Fordham International Law Journal

This Note examines the different approaches of the European and Inter-American Courts in assessing state liability for a violation of the right to life in disappearance cases. Part I discusses the phenomenon of disappearances. It also provides background on the European and Inter-American systems of human rights as well as on the concept of the right to life in the Convention for the Protection of Human Rights and Fundamental Freedoms ("European Convention") and in the American Conventions on Human Rights ("American Convention"). Finally, Part I examines the Inter-American Court's approach to assessing state responsibility for disappearances in the Velasquez Rodriguez …

The Mirage Becomes Reality: Privatization And Project Finance Developments In The Middle East Power Market, Loren Page Ambinder, Nimali De Silva, John `. Dewar

Fordham International Law Journal

This Essay discusses privatization and financing developments in the Middle East power market. In the coming years, the power sector will experience unprecedented growth and investment due to the increasing demand for electricity throughout the region and the desire of governments to diversify their economies away from oil. This need for electricity has fueled the drive towards privatization and the growth of independent power projects (or "IPPs").

How Is Convergence Best Achieved In International Project Finance?, Catherine Pédamon

Fordham International Law Journal

This Essay will first review and then analyze the characteristics of each of three possible routes of convergence in light of three features. The first is stability and predictability of the legal environment. It is the main benefit that private investors look for before investing in a country. The second is the scope of influence and lobbying of interest groups. This feature is extracted from an analysis of the adoption of uniform laws proposed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") by Professors Ribstein and Kobayashi. These authors find evidence of enactment by states of NCCUSL's …

More Than Money, Justice Catherine Branson

Fordham International Law Journal

In this Paper, I refer to probably the most disadvantaged sector of the Australian community, its indigenous peoples. I have chosen this group, because Aboriginal and Torres Strait Islander peoples have become a significant body of litigants in my Court since the Federal Court of Australia was given jurisdiction to make determinations of native land title. I will start by providing some limited information concerning indigenous Australians. This information, by necessity, glosses over the diverse experiences and lifestyles of the Aboriginal and Torres Strait Islander peoples, and indeed, the diversity of non-indigenous Australian experiences and lifestyles. Nonetheless, it reflects the …

European Competition For The 21st Century, Mario Monti

Fordham International Law Journal

This speech discusses recent policy developments and future trends in European Competition Policy.

What Is Access To Justice? Identifying The Unmet Legal Needs Of The Poor, Philip Alston, Dr. Alex Boraine, Justice Catherine Brannon, Hina Jilani, Justice Earl Johnson, Jr.

Fordham International Law Journal

Philp Alston moderated a panel featuring Dr. Alex Boraine, Justice Catherine Branson, Hina Jilani, and Justice Earl Johnson, Jr.. The panelists discussed access to justice for the poor in their respective countries (South Africa, Australia, Pakistan, and the United States). The panelists discussed how the current system fails to address the legal needs of the poor, and what progress is being made in that area.

An Overview Of Civil Legal Services Delivery Models, Edwin Rekosh, Pascal Dourneau-Josette, Daniel L. Greenberg, David J. Mcquoid-Mason, Anne Owers

Fordham International Law Journal

The panel, moderated by Edwin Rekosh, discussed access to civil legal aid in various contexts. Pascal Dourneau-Jostte described the French system of legal aid, as well as the European Court of Human Right's methods of providing free legal services. Daniel McQuoid-Mason described the civil legal aid system in South Africa; he noted that only 20% of the country's legal aid goes to civil aid. Anne Owers discussed civil legal aid in the UK. Daniel Greenberg gave an overview of civil legal aid in the United States.

The Delivery Of Civil Legal Aid Services In South Africa, David J. Mcquoid-Mason

Fordham International Law Journal

This paper is intended to deal with the different methods of delivering civil legal aid services in South Africa. Before doing so, however, brief mention will be made of the structure of the legal profession and the impact of the new South African Constitution (or "Constitution"), as both have influenced the development of legal aid services in the country. Mention in passing will also be made to special procedures and courts that can be used to access justice in civil matters.

Roundtable: Funding Strategies, Maria L. Imperial, Lorna Blake, Maria Dakolias, Daina Petrauskaite, Simon Rice, Nye Thomas

Fordham International Law Journal

Led by moderator Maria L. Imperial, the panelists discussed funding strategies for legal services for the poor. Each panelist gave an overview of funding mechanisms in their home country (Canada, Lithuania, the United States, Australia).

Welcoming Remarks: The Paris Bar: Access To Justice And Access To Legal Advice, Franics Teitgen

Fordham International Law Journal

Francis Teitgen, Batonnier of the Paris Bar Assocation, gave welcoming remarks on April 7, 2000, and discussed France's system for provision of legal aid services. He began by describing the history of legal aid in France. He then discussed the role of the Paris Bar Association in providing access to legal representation to those who could not otherwise afford it. Mr. Teitgen then discussed the process by which incarcerated individuals access lawyers. He also described a free legal consultation system run by the Paris Bar. He concluded by discussing new initiatives the Paris Bar is spearheading to increase access to …

Roundtable: Pro Bono And Volunteer Practices, Joan Vermeulen, Andrea Durbach, Jean-Luc Bedos, Sophie Forsyth, John Mckay

Fordham International Law Journal

Joan Vermeulen led a panel discussion on the role of the private sector in addressing unmet legal needs in various country contexts. Countries represented were Australia (Andrea Durbach), France (Jean-Luc Bédos), the UK (Sophie Forsyth), and the United States (John McKay).

Punishment Goes Global: International Criminal Law, Conflict Zones, And Gender (In)Equality, Mark A. Drumbl

Scholarly Articles

The creation of the International Criminal Court (ICC) enables the international community to hold accountable those who inflict violence in the form of sexual and ethnic hatred. Drawing on case studies from Rwanda and Bosnia, the author observes the extent to which retributive criminal justice can deter offenders and foster structural societal change.

The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Recovering Collectivity: Group Rights To Intellectual Property In Indigenous Communities, Angela R. Riley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.