International Law Commons^™

Opportunities And Challenges: The Caribbean Involvement In The Free Trade Area Of The Americas, Myrtle D. Bishop, Samuel J. Chandler

Fordham International Law Journal

This Article will examine the region's participation in the process leading to the establishment of the FTAA, and the benefits and challenges associated with its involvement in this hemispheric undertaking. Part One of the Article sets out the rationale for the establishment of the FTAA and the structure of the negotiations. The section also identifies some elements of the unique nature of the proposed grouping. Part Two discusses the challenges facing Caribbean countries as they participate in multilateral trade negotiations, including the FTAA. In Part Three, the Article critically reviews the early stages of the integration process in the Caribbean …

Law "Of Our Own Style": The Evolution And Challenges Of The North Korean Legal System, Patricia Goedde

Fordham International Law Journal

In this Essay, I first briefly present theoretical contexts that may aid in defining the North Korean legal system. Next, I trace the evolution of the North Korean legal system by examining the North Korean reaction to various legal influences of the Japanese occupation, Soviet tutelage, and traditional Korean practices, and outline the current politico-legal structure. In the final section, I inquire whether the North Korean legal structure can accommodate a different legal system necessitating rule-of-law requirements, as applied to its foreign investment regime and, perhaps some day, nationwide. Although the main purpose of this Essay is to introduce the …

Trade, Democracy, And The Ftaa: Public Access To The Process Of Constructing A Free Trade Area Of The Americas, Eric Dannenmaier

Fordham International Law Journal

The Article concentrates on access for non-profit or "public interest" elements of civil society rather than for-profit business interests, because public interest organizations have been more marginalized from the FTAA, and their interests are more diffuse and conflicting - rendering their integration more problematic. It also concentrates on the multilateral process in the context of Ministerial meetings rather than trade policymaking at a national level because of the symbolic value attached to meetings of ministers, and the unique opportunities for public dialogue offered by these high-level meetings.

Ludwik A. Teclaff (1918 – 2003) A Tribute, Joseph C. Sweeney

Fordham International Law Journal

On May 29, 2003, Professor Ludwik A. Teclaff died in his 85th year at his retirement home in St. Petersburg, Florida. Ludwik Teclaff, was a scholar, a patriot, a warrior and a man of faith. He was born in Czestochowa, Poland on November 14, 1918, just before Poland emerged as a newly independent Nation. In 1959 Dr. Teclaff joined the Fordham University School of Law Library, becoming Librarian of the Law School in 1962. During his twenty-four years as Librarian, Dr. Teclaff made the changes in technology and administration that would put Fordham's law library in the front rank of …

Vengeance And Empire: The Leftist Case For War In Iraq – William Shawcross, Allies: The U.S., Britain, Europe, And The War In Iraq , Hal Blanchard

Fordham International Law Journal

Shawcross is superbly equipped to assess the impact of rogue States and terrorist organizations on global security. He is also well placed to comment on the risks of preemptive invasion for existing alliances and the future prospects for the international rule of law. An analysis of the ways in which the international community has “confronted evil,” Shawcross' brief polemic argues that U.S. President George Bush and British Prime Minister Tony Blair were right to go to war without UN clearance, and that the hypocrisy of Jacques Chirac was largely responsible for the collapse of international consensus over the war. His …

Sustainable Development In The Negotiation Of The Ftaa, Marie-Claire Cordonier Segger

Fordham International Law Journal

First, I will briefly explain what is meant by hemispheric sustainable development law. Then, I will discuss the current progress of the FTAA from a sustainable development law perspective. To illustrate the links between trade liberalization, social and environmental law and policy in the Americas, I will briefly highlight potential social and environmental impacts and opportunities in several important areas of negotiations: services, intellectual property rights, competition law, government procurement and investment. (The directions of agricultural liberalization, market access and subsidies are also crucial to sustainable development, but are too extensive to discuss here). Then, I will consider the institutional …

The Just War Ethic In International Law, Joseph C. Sweeney

Fordham International Law Journal

To the student and practitioner of international law in the twenty-first century, the just war ethic is clearly part of Moral Theology--binding the consciences of ethical people everywhere --but it is not part of international law. Nevertheless, there is today a lingering flavor of the Just War Ethic in debates about issues that are partly moral and partly political, such as: 1. the testing and use of nuclear weapons; 2. combating terrorism; and 3. humanitarian intervention to save lives and the human environment. None of these activities is authorized expressly in the United Nations Charter. What is an unjust war …

No Recourse: Transnational Corporations And The Protection Of Economic, Social, And Cultural Rights In Bolivia , Maria Mcfarland Sánchez-Moreno, Tracy Higgins

Fordham International Law Journal

This Report analyzes two cases in which TNC activities have had an impact on Bolivian citizens' enjoyment of economic, social, and cultural rights (“ESC rights”). In so doing, it analyzes not only corporate conduct but also the Bolivian government's role in protecting ESC rights from violation. The cases involve an oil spill by Transredes, a TNC partly owned by Enron and Shell, in Bolivia's Desaguadero River, which affected over one hundred indigenous communities; and the water war that took place in the city of Cochabamba over the privatization of Cochabamba's water system and its operation by the consortium Aguas del …

Two Roads Diverged In A Yellow Wood: The European Community Stays On The Path To Strict Liability, Josephine Liu

Fordham International Law Journal

Part I of this Note will briefly outline Community policy on product liability as detailed by the Product Liability Directive, then review the development of product liability law in various Member States of the European Community. Part II will analyze how the concept of state-of-the-art highlighted tensions between a strict liability regime and a negligence regime in U.S. product liability. It will then review similar discord in the European Community caused by the development risk defense. Finally, Part III of this Note will argue that in contrast to the United States, the European Community has thus far chosen to stay …

The Deeper Challenges Of Global Terrorism: A Democratizing Response, Andrew L. Strauss, Richard A. Falk

School of Law Faculty Publications

The audacious and gruesome terrorist attacks on the World Trade Center and the Pentagon, along with the military response, have been the defining political events of this new millennium. The most profound challenge directed at the international community, and to all of us, is to choose between two alternative visions. What we call the traditional statist response emphasizes 'national security' as the cornerstone of human security. Centralization of domestic authority, secrecy, militarism, nationalism, and an emphasis on unconditional citizen loyalty, to her or his state as the primary organizing feature of international politics are all attributes of this approach.

We …

Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.

Manulife Indonesia: A Meditation On Three Mythologies, David K. Linnan

South Carolina Journal of International Law and Business

No abstract provided.

Unravelling The Mystery -- A Comparative Introduction To Product Liability Law In The Us And Europe, Brandon J. Riordan

South Carolina Journal of International Law and Business

No abstract provided.

Aboriginal Title In Australia, Steven Tishco

South Carolina Journal of International Law and Business

No abstract provided.

Taxing International Portfolio Income, Michael J. Graetz, Itai Grinberg

Faculty Scholarship

Most analyses of the taxation of international income earned by U.S. corporations or individuals have addressed income from direct investments abroad. With the exception of routine bows to the "international tax compromise" and sporadic discussions of the practical difficulties residence countries face in collecting taxes on international portfolio income, the taxation of international portfolio income generally has been ignored in the tax literature.

Analysis and reassessment of U.S. tax policy regarding international portfolio income is long overdue. The amount of international portfolio investment and its role in the world economy has grown exponentially in recent years. In most years since …

Advancing U.S. Interests With The International Criminal Court, David J. Scheffer

Vanderbilt Journal of Transnational Law

It is a great pleasure to be here in this beautiful lecture hall at Vanderbilt University Law School and to have the opportunity to speak to you this afternoon about the International Criminal Court (ICC). In recent months, one newspaper or magazine article after another, in examining the foreign policy of the current administration and the gulf (which seems to be so pronounced now) between the United States and even its closest allies throughout the rest of the world, has listed a basic set of treaties as being partly explanatory of that gulf. The Kyoto Protocol, for example, is always …

Nigeria's Crisis Of Corruption--Can The U.N. Global Programme Hope To Resolve This Dilemma?, Nicholas A. Goodling

Vanderbilt Journal of Transnational Law

Transparency International consistently rates the levels of corruption in Nigeria among the highest in the world. Pervasive corruption appears to permeate many levels of Nigerian society. The current Nigerian government, however, has taken great steps to combat this problem through cooperation with the U.N. Global Programme.

This Note examines the structure and goals of the Global Programme and evaluates Nigeria's participation in the project. Part I provides a background analysis of corruption, the effects of corruption, and Nigeria's efforts to curb corruption. Part III analyzes the basic structure of the Programme, while Part IV outlines Nigeria's efforts pursuant to the …

From Unwritten To Written: Transformation In The British Common-Law Constitution, David Jenkins

Vanderbilt Journal of Transnational Law

This Article posits that the British Constitution is changing by incorporating written principles that restrain Parliament through judicial review. The Author asserts that this constitutional model has basis in the common law and the orthodox theories of Blackstone and Dicey. In addition, the "ultra vires" doctrine supports the model and provides a basis for judicial review of Parliament. As constitutions may accommodate written and unwritten elements of law, as well as various means of enforcement and change, the Author posits that constitutions are defined by how strongly they reflect underlying legal norms. With a shift in the rule of recognition …

Nafta's Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles H. Brower

Vanderbilt Journal of Transnational Law

In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.

Professor Jonathan I. Charney: Commitment Underpinned By Conviction, James R. Mchenry, Iii

Vanderbilt Journal of Transnational Law

When I was asked to speak on behalf of the students regarding Professor Charney's contributions to the Law School, I did initially wonder how closely my relationship with him mirrored the experiences of other students. I worked for him for almost two years as a research assistant for the American Journal of International Law; I spoke with him frequently, either in person or via e-mail, about various international legal issues; and he advised me on both my student note for the Vanderbilt Journal of Transnational Law and on my PhD dissertation. Thus, I knew the image that I had of …

The Return Of Timberlane?: The Fifth Circuit Signals A Return To Restrictive Notions Of Extraterritorial Antitrust, William J. Tuttle

Vanderbilt Journal of Transnational Law

Over the past 100 years, the United States has remained ambivalent regarding the potential extraterritorial application of its antitrust laws. The executive, legislative, and judicial branches began with a doctrine of strict territoriality but promptly shifted toward an examination of the effects of the antitrust activity on U.S. commerce. Since the 1970s, the branches of government have refrained the question as one of statutory interpretation, embraced considerations of international comity, modified those considerations, and eventually rejected many of those same considerations.

Throughout this chaos, however, the results reached by the various branches of government have typically been consistent with the …

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian

Faculty Publications

The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the WTO's …

Agora (Continued): Future Implications Of The Iraq Conflict Editors' Note, Lori Fisler Damrosh, Bernard H. Oxman

Articles

No abstract provided.

Hard Law, Soft Law, And Non-Law In Multilateral Arms Control: Some Compliance Hypotheses, Richard L. Williamson Jr.

Articles

No abstract provided.

The Ftaia And Subject Matter Jurisdiction Over Foreign Transactions Under The Antitrust Laws: The New Frontier In Antitrust Litigation, Edward D. Cavanagh

Faculty Publications

(Excerpt)

The aggressive antitrust enforcement activities by the United States Department of Justice Antitrust Division against international cartels in the last decade, coupled with the increasingly global character of commercial markets, have spawned significant private antitrust treble damages litigation in American courts by foreign plaintiffs. Not surprisingly, the jurisdictional reach of the Sherman Act has been a threshold issue in these cases. While jurisdictional questions are not new to American courts, this latest round of antitrust cases has posed novel issues of subject matter jurisdiction, including the extent to which foreign plaintiffs claiming antitrust damages based on foreign transactions may …

Sovereignty - Modern: A New Approach To An Outdated Concept, John H. Jackson

Georgetown Law Faculty Publications and Other Works

This article, however, does not purport to cover all possible dimensions of sovereignty but, instead, focuses primarily on what might be thought of as the core of sovereignty - the "monopoly of power" dimension - although it will be clear that even this focus inevitably entails certain linkages and "slop-over penumbra" of the other sovereignty dimensions. This "core" dimension is examined in the context of its roles with respect to international law and institutions generally, and international relations and related disciplines such as economics. National government leaders and politicians, as well as special interest representatives, too often invoke the term …

The Professional Professor, Kent D. Syverud

Vanderbilt Journal of Transnational Law

Welcome to the Vanderbilt Law School and to this happy occasion in which we reflect on the life and career of Jonathan Charney. I say this is a "happy" occasion deliberately. There have been two months and a lot of tears since Jonathan died, and I know for many people here including me the loss is still deeply felt in expected and unexpected ways. But we are celebrating today, and we should be happy as we reflect on the extraordinary career and accomplishments and life of Jonathan Charney.

Jonathan I. Charney: A Tribute, Richard B. Bilder

Vanderbilt Journal of Transnational Law

I first met Jonathan in 1967 when he was a student in my international law class at the University of Wisconsin Law School. It was only my second year of teaching--I had just come to Wisconsin after some years with the State Department's Office of Legal Adviser. But Jonathan was a generous and forgiving, as well as excellent, student and somehow we both got through the course. Anyway, Jonathan became, first, the student of whom I was most fond; then, as his career developed, the student of whom I was most proud; and, eventually, as the years passed and our …

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.