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International Law Commons™

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2002

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Institution
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Articles 451 - 480 of 684

Full-Text Articles in International Law

The Fifth Enlargement Of The European Union: The Power Of Example, Eneko Landaburu Jan 2002

The Fifth Enlargement Of The European Union: The Power Of Example, Eneko Landaburu

Fordham International Law Journal

After the dust cleared in the early 1990s, the institutional framework for realizing the peaceful unification of Europe was laid down at the Copenhagen European Council in June 1993. The statement by the EU at Copenhagen that it was ready to accept new members that fulfill certain criteria led to applications from ten countries of Central and Eastern Europe. As laid down in the Treaties, it fell to the Commission to provide advice on these applications to the Member States of the EU, which it did in July of 1997 in its ambitious program of reform, known as Agenda 2000. …

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Defining Legitimate Competition: How To Clarify Pricing Abuses Under Article 82 Ec, John Temple Lang, Robert O'Donoghue Jan 2002

Defining Legitimate Competition: How To Clarify Pricing Abuses Under Article 82 Ec, John Temple Lang, Robert O'Donoghue

Fordham International Law Journal

This Article discusses the principles under Article 82 of the Treaty Establishing the European Community concerning anticompetitive or exclusionary abuses involving pricing issues. This Article is structured as follows. Part I outlines the basic economic thinking behind price discrimination and identifies the principal legal situations under Article 82 in which it arises. Discriminatory pricing should only be prohibited (and therefore needs to be justified) in a small number of situations. Parts II-III discuss the specific situations under Community competition law in which price discrimination and the legality of pricing practices may be relevant. Part II discusses rebate and discounting practices, …

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Introduction, Kamil Idris Jan 2002

Introduction, Kamil Idris

Fordham International Law Journal

Intellectual property law is one of the fastest growing fields of law worldwide. This unprecedented, rapid evolution and the accompanying massive upsurge in the use of the intellectual property system had four main triggers-- the advent of the Internet (to many, the heart of the digital revolution); unprecedented advances in science and technology; the emergence of intangible assets, such as knowledge, information and innovation, as the main drivers of economic development; and the growing interdependence of nations resulting from the internationalization of commerce. Of these, the digital revolution alone has had a profound effect on all aspects of the creation, …

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The Egyptian Pharmaceutical Industry After Trips — A Practitioner's View, Nermien Al-Ali Jan 2002

The Egyptian Pharmaceutical Industry After Trips — A Practitioner's View, Nermien Al-Ali

Fordham International Law Journal

The pharmaceutical industry in Egypt is the largest in the Middle East and North Africa (“MENA”) region, and one that has attracted foreign investment despite the fact that Egyptian law has not always provided pharmaceuticals with patent protection. The situation changed with the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS agreement” or “TRIPS”), strengthening the interest of the U.S. and other pharmaceutical companies in increasing their investment in Egypt. The Egyptian pharmaceutical industry is currently undergoing many changes spurred by the implementation of TRIPS and the globalization of trade. Many of these changes can be …

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Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch Jan 2002

Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch

Fordham International Law Journal

As more and more nations prosecute copyright piracy cases, it is far from clear whether these nations, in seeking to protect legitimate copyright interests, will also recognize the need to achieve three goals in the sentencing of such cases. The first is honesty in sentencing: that is, avoiding situations in which the nominal sentence that a court initially imposes at sentencing may later be substantially reduced through the parole process. The second is reasonable uniformity in sentencing, so that courts do not have wide disparities in the sentences they impose on similar offenders who commit similar criminal offenses. The third …

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An Analysis Of The United States-Cuba "Havana Club" Rum Case Before The World Trade Organization, Donald R. Dinan Jan 2002

An Analysis Of The United States-Cuba "Havana Club" Rum Case Before The World Trade Organization, Donald R. Dinan

Fordham International Law Journal

The United States-Cuba “Havana Club” trademark dispute has been one of the more controversial and potentially divisive cases before the World Trade Organization ('WTO') to date. In that case, the European Union ('EU') filed a complaint against the United States alleging that a law which prohibited the registration and enforcement in the United States of a Cuban trademark, 'Havana Club' rum, which was licensed to the French company, Pernod-Ricard, S.A. ('Pernod-Ricard'), was in violation of the WTO Agreement, which protected the intellectual property rights of WTO Members and their nationals. The case intertwined enforcement of the U.S. Cuban embargo; U.S. …

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Challenges And Reforms In The Palestinian Authority, Hiba I. Husseini Jan 2002

Challenges And Reforms In The Palestinian Authority, Hiba I. Husseini

Fordham International Law Journal

This Article looks at the legal structure of the agreements signed between the Palestine Liberation Organization (“PLO”) and Israel from 1993 to 1995 (the “Agreements”). They consist of the Declaration of Principles signed in 1993 (“DOP”), the Agreement on the Gaza Strip and the Jericho Area signed in 1994 (“Gaza-Jericho Agreement”), the Protocol on Economic Relations signed in 1994 (“Paris Protocol”), and the Interim Agreement on the West Bank and Gaza Strip signed in 1995 (“Interim Agreement”). The Article examines the impact of the Agreements on the Palestinian economy and the development of a viable private sector. The Article also …

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Going, Going, Gone: Sealing The Fate Of The Fourth Amendment, Michael P. O'Connor, Celia Rumann Jan 2002

Going, Going, Gone: Sealing The Fate Of The Fourth Amendment, Michael P. O'Connor, Celia Rumann

Fordham International Law Journal

We will begin by analyzing the history of the Foreign Intelligence Surveillance Act (FISA), discuss the context of the two recently published decisions of the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review FISCR, respectively, before analyzing the In re Sealed Case decision in light of the requirements of the Fourth Amendment. Ultimately, we conclude that FISA, as amended by Congress in the USA PATRIOT Act, and as interpreted by the FISCR, is unconstitutional in that it offends the requirements of the Fourth Amendment.

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Constitutionalizing The European Union - More Than A Sense Of Direction From The Convention On The Future Of Europe, Markus G. Puder Jan 2002

Constitutionalizing The European Union - More Than A Sense Of Direction From The Convention On The Future Of Europe, Markus G. Puder

Fordham International Law Journal

This Article discusses the latest episode in the history of one of the European Union. Part I provides an overview of the integration project. Part II highlights the significance of debating the future of Europe. Part III presents the vehicle of the European Convention. Part IV analyses selected constitutionalizing themes offered in Monsieur Giscard's blueprint. Finally, Part V offers findings and perspectives.

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The Commission: The Key To The Constitutional Treaty For Europe, John Temple Lang Jan 2002

The Commission: The Key To The Constitutional Treaty For Europe, John Temple Lang

Fordham International Law Journal

Political inventions are so rare that when they do arise they are not recognized--we try to fit them into traditional classifications, or criticize them for not being something that they were never intended to be. The European Commission (“Commission”) was a genuinely new political invention, created to solve a problem. The problem was that the European Community (“EC”) had to have majority voting. That meant that from time to time minorities would be out-voted. Majority voting--an old idea, but never before used in an international organization--had to be made acceptable.

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Preventing, Punishing And Eliminating Terrorism In The Western Hemisphere: A Post-9/11 Inter-American Treaty, Enrique Lagos, Timothy D. Rudy Jan 2002

Preventing, Punishing And Eliminating Terrorism In The Western Hemisphere: A Post-9/11 Inter-American Treaty, Enrique Lagos, Timothy D. Rudy

Fordham International Law Journal

Part I of this Article will provide a brief background to the fight against terrorism as seen from an inter-American legal and institutional standpoint. Part II will discuss the more significant details of the Convention and the negotiations in the Permanent Council's Working Group that produced it. In II(A), the authors review the conflicting views among delegates about whether the OAS should have been negotiating a “comprehensive” anti-terrorism treaty (complete with a legal definition of terrorist acts) or follow the suggestion of the United States and adopt a less ambitious treaty providing some “added value” (by incorporating by reference the …

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The Challenges Of Fighting Global Organized Crime In Latin America, Luz Estella Nagle Jan 2002

The Challenges Of Fighting Global Organized Crime In Latin America, Luz Estella Nagle

Fordham International Law Journal

This Article examines organized crime in Iberoamerica. It also examines the international mechanisms implemented to combat it, specifically the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the 1996 Organization of American States Inter-American Convention against Corruption of 1996, and the United Nations Convention on Transnational Organized Crime of 2000. It then examines whether these efforts have been successful or unsuccessful, and whether multilateral instruments are a formidable tool in the war against international organized crime or merely toothless tigers.

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Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz Jan 2002

Pretrial Detention, Human Rights, And Judicial Reform In Latin America, Jonathan L. Hafetz

Fordham International Law Journal

This Article seeks to address important questions raised by pretrial detention and judicial reform in Latin America. It analyzes the potential impact of criminal procedure reforms on pretrial detention rates. It also discusses whether more general ‘rule of law‘ reforms promoted by international donor organizations like the World Bank can affect the abuses associated with prolonged pretrial detention--whether, in other words, the circle may be squared between economic development and human rights. In addition, this Article describes the adoption of central elements of an American-style adversarial system in Latin America and its prospects for influencing judicial reform. It argues that …

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Overextending Immunity: Arbitral Institutional Liability In The United States, England, And France, Matthew Rasmussen Jan 2002

Overextending Immunity: Arbitral Institutional Liability In The United States, England, And France, Matthew Rasmussen

Fordham International Law Journal

This Note examines the relationship between the arbitral institution and the disputing parties. Part I demonstrates the decisions parties face when choosing between traditional litigation and arbitration; it also discusses the differences between an arbitral institution and an ad hoc arbitration, as well as major arbitral institutions' rules regarding their own liability. Part II introduces several nations' approaches to judicial immunity, and how it is applied to arbitrators and arbitral institutions. Part II also weighs differing views on how to characterize the relationship between disputing parties and the arbitral institution. Finally, Part II discusses several key criticisms to the immunity …

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The First Modern Anti-Slavery Law: The Trafficking Victims Protection Act Of 2000, Kara C. Ryf Jan 2002

The First Modern Anti-Slavery Law: The Trafficking Victims Protection Act Of 2000, Kara C. Ryf

Case Western Reserve Journal of International Law

No abstract provided.

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Masthead, Volume 34 Issue 1 (2002) Jan 2002

Masthead, Volume 34 Issue 1 (2002)

Case Western Reserve Journal of International Law

No abstract provided.

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Volume 34 Issue 1 (2002), Cwru Journal Of International Law Jan 2002

Volume 34 Issue 1 (2002), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

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September 11 Terrorist Attacks, Panel Discussion Jan 2002

September 11 Terrorist Attacks, Panel Discussion

Case Western Reserve Journal of International Law

No abstract provided.

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Teaching Through Tragedy Of 9/11: Crisis And Opportunity, Hiram E. Chodosh Jan 2002

Teaching Through Tragedy Of 9/11: Crisis And Opportunity, Hiram E. Chodosh

Case Western Reserve Journal of International Law

No abstract provided.

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When The Towers Collapse Outside Your Window: Teaching Law In The Aftermath Of 9-11, Tanina Rostain Jan 2002

When The Towers Collapse Outside Your Window: Teaching Law In The Aftermath Of 9-11, Tanina Rostain

Case Western Reserve Journal of International Law

No abstract provided.

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Teaching Through Tragedy: The Aftermath Of September 11 - A Community Service Response, Matthew Wilkes Jan 2002

Teaching Through Tragedy: The Aftermath Of September 11 - A Community Service Response, Matthew Wilkes

Case Western Reserve Journal of International Law

No abstract provided.

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At War With Civil Rights And Civil Liberties, Thomas E. Baker Jan 2002

At War With Civil Rights And Civil Liberties, Thomas E. Baker

Case Western Reserve Journal of International Law

No abstract provided.

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Looking A Gift Horse In The Mouth: Is The Committment Of The United States' New Allies Sincere, Frank Biggio Jan 2002

Looking A Gift Horse In The Mouth: Is The Committment Of The United States' New Allies Sincere, Frank Biggio

Case Western Reserve Journal of International Law

No abstract provided.

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Rewarding Confidential Informants: Cashing In On Terrorism And Narcotics Trafficking, Douglas Kash Jan 2002

Rewarding Confidential Informants: Cashing In On Terrorism And Narcotics Trafficking, Douglas Kash

Case Western Reserve Journal of International Law

No abstract provided.

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The Original Sin: "Terrorism" Or "Crime Against Humanity"?, Chibli Mallet Jan 2002

The Original Sin: "Terrorism" Or "Crime Against Humanity"?, Chibli Mallet

Case Western Reserve Journal of International Law

No abstract provided.

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9-11 And The Secret Fisa Court: From Watchdog To Lapdog, Jeremy D. Mayer Jan 2002

9-11 And The Secret Fisa Court: From Watchdog To Lapdog, Jeremy D. Mayer

Case Western Reserve Journal of International Law

No abstract provided.

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Volume 34 Issue 2 (2002), Cwru Journal Of International Law Jan 2002

Volume 34 Issue 2 (2002), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

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Terrorists Are Unlawful Belligerents, Not Unlawful Combatants: A Distinction With Implications For The Future Of International Humanitarian Law, Michael H. Hoffman Jan 2002

Terrorists Are Unlawful Belligerents, Not Unlawful Combatants: A Distinction With Implications For The Future Of International Humanitarian Law, Michael H. Hoffman

Case Western Reserve Journal of International Law

No abstract provided.

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Complicity, Corruption, And Human Rights: Trafficking In Human Beings, Martina Vandenberg Jan 2002

Complicity, Corruption, And Human Rights: Trafficking In Human Beings, Martina Vandenberg

Case Western Reserve Journal of International Law

No abstract provided.

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The Legacy Of Nuremberg, Henry T. King Jr. Jan 2002

The Legacy Of Nuremberg, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.

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