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2005

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Articles 541 - 570 of 922

Full-Text Articles in International Law

Human Trafficking In The Heartland: Greed, Visa Fraud, And The Saga Of 53 Indian Nationals "Enslaved" By A Tulsa Company, Michael A. Scaperlanda Jan 2005

Human Trafficking In The Heartland: Greed, Visa Fraud, And The Saga Of 53 Indian Nationals "Enslaved" By A Tulsa Company, Michael A. Scaperlanda

Loyola University Chicago International Law Review

No abstract provided.

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Reflection On Criminal Justice Reforms In Chile, James P. Carey Jan 2005

Reflection On Criminal Justice Reforms In Chile, James P. Carey

Loyola University Chicago International Law Review

No abstract provided.

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Reform To The Criminal Justice System In Chile: Evaluation And Challenges, Rafael Blanco, Richard Hutt, Hugo Rojas Jan 2005

Reform To The Criminal Justice System In Chile: Evaluation And Challenges, Rafael Blanco, Richard Hutt, Hugo Rojas

Loyola University Chicago International Law Review

No abstract provided.

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Releasing Accused Genocidal Perpetrators In Rwanda: The Displacement Of Preventive Justice, George S. Yacoubian Jr. Jan 2005

Releasing Accused Genocidal Perpetrators In Rwanda: The Displacement Of Preventive Justice, George S. Yacoubian Jr.

Loyola University Chicago International Law Review

No abstract provided.

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Civil Aircraft As Weapons Of Large-Scale Destruction: Countermeasures, Article 3bis Of The Chicago Convention, And The Newly Adopted German "Luftsicherheitsgesetz", Robin Geiß Jan 2005

Civil Aircraft As Weapons Of Large-Scale Destruction: Countermeasures, Article 3bis Of The Chicago Convention, And The Newly Adopted German "Luftsicherheitsgesetz", Robin Geiß

Michigan Journal of International Law

It is thus the aim of this Article to map out the international legal framework relevant for designing countermeasures against nonstate actors who convert civil aircraft into weapons of destruction. As a first step, this Article sketches out the applicable rules relating to international civil aviation security and highlights the dichotomy between nonstate actor threats and interstate threats at the base of these rules. As will be seen below, nonstate actors abusing civil aircraft as weapons of destruction is a new challenge not only in terms of destructive quality but also in a legal sense, in that the question of …

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Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah Jan 2005

Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah

Richmond Journal of Global Law & Business

No abstract provided.

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Labor Standards In Recent U.S. Trade Agreements, William (Bud) Clatanoff Jan 2005

Labor Standards In Recent U.S. Trade Agreements, William (Bud) Clatanoff

Richmond Journal of Global Law & Business

No abstract provided.

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Dedication To Advocate General Francis Jacobs, Roger J. Goebel Jan 2005

Dedication To Advocate General Francis Jacobs, Roger J. Goebel

Fordham International Law Journal

This issue of the Fordham International Law Journal represents a solid tribute to the attainments of Francis Jacobs produced by a group of respected scholars. Some Articles present a serious analysis of his own opinions, while others review major current issues in the field. Altogether the authors join in expressing their highest respect for Francis Jacobs' extraordinary contribution to the evolution of European Union law, and their expectation that he will continue to provide a valuable impetus to European Union studies as he returns to academic life.

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"External" Versus "Internal" In International Law, Martin S. Flaherty Jan 2005

"External" Versus "Internal" In International Law, Martin S. Flaherty

Fordham International Law Journal

The issues and analyses in this issue of the Fordham International Law Journal provide excellent cases for testing how a conventional approach would mediate current external pressures for legal change on current international and foreign relations law commitments. As it turns out, the results suggest that sovereigntist concerns are overblown, but that internationalist advocates ignore them completely at their peril.

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Tackling Exclusionary Practices To Avoid Exploitation Of Market Power: Some Preliminary Thoughts On The Policy Review Of Article 82, Neelie Kroes Jan 2005

Tackling Exclusionary Practices To Avoid Exploitation Of Market Power: Some Preliminary Thoughts On The Policy Review Of Article 82, Neelie Kroes

Fordham International Law Journal

The subject of this speech is how to improve enforcement of Europe's ban on abuse of monopoly power. This ban is laid down in Article 82 of the Treaty Establishing the European Community (“EC Treaty”), our equivalent of Section 2 of the Sherman Act in the United States. Such enforcement is a crucially important element in ensuring an effective competition policy, which is in turn a key factor in increasing Europe's competitiveness.

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Transnational Common Laws, H. Patrick Glenn Jan 2005

Transnational Common Laws, H. Patrick Glenn

Fordham International Law Journal

Today, the notion of transnational, or sometimes transsystemic, law has progressed well beyond Jessup's concept. It now includes the international law that Jessup generally dealt with – the (often) national law regulating actions or events that transcend national frontiers – but also now clearly extends to law that is transnational in origin, as opposed to application. The new transnational law can thus be applied to purely internal, and not only international, cases, and its transnational character is derived from the extra-national character of its source or sources. It is often seen in the form of “general principles of law,” which …

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Constitutional Lessons From Europe, George A. Bermann Jan 2005

Constitutional Lessons From Europe, George A. Bermann

Fordham International Law Journal

All legal transplants are problematic, constitutional transplants especially so. And constitutional transplants for federal systems are among the most problematic of all. Still, especially in light of the apparent derailing of the EU's Draft Constitutional Treaty, the question of the relevance of EU constitution-making for constitution-making in federal-style systems elsewhere seems nothing less than compelling. Two problematic themes emerge most forcefully from the EU constitutional adventure just witnessed. One is the utter importance of a sense of identity, and the other is the profound challenge of satisfactorily organizing the processes of democratic participation.

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Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Judicial Invocations Of Foreign And International Law, Donald J. Kochan Jan 2005

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Judicial Invocations Of Foreign And International Law, Donald J. Kochan

Fordham International Law Journal

Part I of this Article presents the background regarding the invocation of foreign and international law in federal courts. It discusses their use as precedential and supportive sources of authority and as the bases for legal liability. Part II discusses the fundamental infirmities and dangers related to the invocation of international and foreign law in U.S. jurisprudence. Further, this Part discusses the implications of such behavior on sovereignty, the rule of law, democratic values, constitutional adherence, foreign policy, and development. In conclusion, this Article finds that adherence or even reference to foreign and international authorities should be avoided if the …

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Harmonization Of Legislation On Migrating Eu Citizens And Third Country Nationals: Towards A Uniform Evaluation Framework?, Piet Jan Slot, Mielle Bulterman Jan 2005

Harmonization Of Legislation On Migrating Eu Citizens And Third Country Nationals: Towards A Uniform Evaluation Framework?, Piet Jan Slot, Mielle Bulterman

Fordham International Law Journal

This Article will deal with the rights of European Union (“EU”) citizens and third country nationals. It first gives a brief overview of the classical doctrine of harmonization of legislation. This is followed by an analysis of the harmonization issues for rights of EU citizens (Part II) and third country nationals (Part III). Subsequently, harmonization methods are discussed (Part IV). Finally, it will attempt to sketch a framework for analysis (Part V).

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Recognition Of Cross-Border Insolvency Proceedings: An Evaluation Of Solvent Schemes Of Arrangement And Part Vii Transfers Under U.S. Chapter 15, Jennifer D. Morton Jan 2005

Recognition Of Cross-Border Insolvency Proceedings: An Evaluation Of Solvent Schemes Of Arrangement And Part Vii Transfers Under U.S. Chapter 15, Jennifer D. Morton

Fordham International Law Journal

This Note analyzes whether solvent schemes of arrangement and Part VII transfers should be recognized under Chapter 15. Although this issue primarily concerns U.K. insurance companies, the discussion of Chapter 15 is useful outside the context of insurers. Part I of this Note outlines the requirements for recognition of a scheme of arrangement under § 425 of the Companies Act 1985 and for Part VII transfers under the FSMA, and their prior treatment under 11 U.S.C. § 304. Part II evaluates the statutory criteria under Chapter 15, highlighting differences between Chapter 15 and former § 304, and asserts that solvent …

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Exhaustion Of Local Remedies In Alien Tort Litigation: Implications For International Human Rights Protection, Emeka Duruigbo Jan 2005

Exhaustion Of Local Remedies In Alien Tort Litigation: Implications For International Human Rights Protection, Emeka Duruigbo

Fordham International Law Journal

This Article looks at the scope and application of the local remedies rule in international law and the implications of its introduction in ATS litigation. As has been the case in the rule's introduction to human rights proceedings in other settings, its application in ATS litigation could mean additional work for the courts in fashioning the right way to interpret and apply the rule. For victims of human rights abuse who are seeking justice in the United States, it may not herald a lot of changes, although it could still make their quest a little more difficult. However, it could …

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Introduction: One Hundred Years Of International Law At Fordham University, William Michael Treanor Jan 2005

Introduction: One Hundred Years Of International Law At Fordham University, William Michael Treanor

Fordham International Law Journal

In the past 100 years, the connotations of the term "international" have changed dramatically. The ideas we have of concepts such as "international communication" and "global travel" are dramatically different from what those concepts would have meant to our forebears - if they had even thought in such terms. But an international perspective is not new at Fordham Law School. The idea of the interconnectedness of our social and legal systems with those of other Nations is one of the foundational values of our school, and it has shaped our history since we opened our doors 100 years ago.

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The Commission, The "Community Method," And The Smaller Member States, John Temple Lang, Eamonn Gallagher Jan 2005

The Commission, The "Community Method," And The Smaller Member States, John Temple Lang, Eamonn Gallagher

Fordham International Law Journal

This Article discusses several developments concerning the position of the Commission in the institutional structures of the European Union ("EU") that have occurred since then. It does not touch on the many other matters that influenced the debate on the draft Constitutional Treaty, leading to its failure at referendum in France and the Netherlands; these matters include the scope of the draft Treaty, questions concerning its economic, social, and political benefits or disadvantages, the working of the Stability Pact in the Eurozone and the ongoing debate on freedom of services legislation, the purposes for which the EU was originally created …

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Standards Of Proof And Standards Of Judicial Review In European Commission Merger Law , Tony Reeves, Ninette Dodoo Jan 2005

Standards Of Proof And Standards Of Judicial Review In European Commission Merger Law , Tony Reeves, Ninette Dodoo

Fordham International Law Journal

This Article considers, in light of the judgment in Tetra Laval ECJ, what standard the Commission's decisions in the field of merger control must satisfy if they are to withstand judicial scrutiny, and whether the Commission's concerns that the standard has been raised are justified. We also consider how the Courts' review of Commission decisions has evolved, what the standard of such judicial review now is, and what margin of appreciation is left to the Commission. Along the way, some observations are made as to how the position could be clarified further so as to ensure a satisfactory competition law …

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Judicial Review: Advice For The Deaf?, Laurence W. Gormley Jan 2005

Judicial Review: Advice For The Deaf?, Laurence W. Gormley

Fordham International Law Journal

This article examines the state of judicial protection in the European Community system largely against the background of the debate of recent years, and discusses critically the ostrich-like reaction of the Court to the chorus of criticism relating to its interpretation of the concept of “individual concern” in the fourth paragraph of Article 230 of the Treaty establishing the European Community (“EC Treaty”). It also examines the attempt in the Treaty establishing a Constitution for Europe to establish a different approach to admissibility in respect of some types of Community acts.

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The Impact Of U.N. Human Rights Commission Reform On The Ground: Investigating Extrajudicial Executions Of Honduran Street Children, Caroline Mchale Jan 2005

The Impact Of U.N. Human Rights Commission Reform On The Ground: Investigating Extrajudicial Executions Of Honduran Street Children, Caroline Mchale

Fordham International Law Journal

This Note uses the case of Honduran street children to demonstrate that the U.N. Principles have not been adequately implemented, and argues that the international community should use the creation of the U.N. Human Rights Council (“Council”) as an opportunity to insist on better training and monitoring of investigative personnel worldwide. Part I reviews the legal standards establishing extrajudicial executions of street children as a major human rights violation and the Honduran State's duty to investigate. Part I also examines challenges facing Honduran investigative police agencies, including budget crises and accusations of corruption and complicity. Part I concludes with a …

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Revisiting Miranda After Avena: The Implications Of Mexico V. United States Of America For The Implementation Of The Vienna Convention On Consular Relations In The United States, Elizabeth Samson Jan 2005

Revisiting Miranda After Avena: The Implications Of Mexico V. United States Of America For The Implementation Of The Vienna Convention On Consular Relations In The United States, Elizabeth Samson

Fordham International Law Journal

This Article explores the tension between the limited power of the federal government to implement the ICJ's ruling and the authority of individual U.S. states to effect criminal justice, in consideration of the Vienna Convention and the requirements of the Avena decision. The application of international law within the U.S. federal system will be analyzed, in particular with respect to the Avena, LaGrand, and Breard cases. In view of those cases, the efficacy of remedies in the U.S. federal system for the correction of past violations as well as the prevention of future breaches of the Vienna Convention will be …

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The Children Left Behind: Roma Access To Education In Contemporary Romania, Aram A. Schvey, Martin S. Flaherty, Tracy E. Higgins Jan 2005

The Children Left Behind: Roma Access To Education In Contemporary Romania, Aram A. Schvey, Martin S. Flaherty, Tracy E. Higgins

Fordham International Law Journal

This Report concludes a full-year project conducted by the Joseph R. Crowley Program in International Human Rights at the Fordham University School of Law. The 2004-2005 Crowley Fellow, Aram Schvey, taught a human-rights seminar on Roma Access to Education in Contemporary Romania. The course culminated in a two-week-long human-rights fact-finding mission to Romania that he organized. During the course of the mission, the students and faculty members traveled hundreds of miles across Romania and spoke to dozens of Roma and non-Roma students and parents, as well as teachers, principals, human rights advocates, government officials, and members of international organizations, such …

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Private International Law-Making For The Financial Markets, Caroline Bradley Jan 2005

Private International Law-Making For The Financial Markets, Caroline Bradley

Fordham International Law Journal

This Article argues that transnational financial transactions create new opportunities for private groups to influence legal and regulatory rules. Internationalization of the financial markets has led to harmonization of financial law. Much harmonization of financial law occurs through processes that are apparently public, state-centered, and transparent, but this Article describes three ways in which private and opaque processes have a significant influence on policy development in the area of financial law. These are private international law-making through private involvement in public rule-making processes, through contracting, and through the actions of private sector regulatory entrepreneurs.

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Exporting Despair: The Human Rights Implications Of U.S. Restrictions On Foreign Health Care Funding In Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, Tracy E. Higgins Jan 2005

Exporting Despair: The Human Rights Implications Of U.S. Restrictions On Foreign Health Care Funding In Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, Tracy E. Higgins

Fordham International Law Journal

This Report culminates a year-long project undertaken by the Joseph R. Crowley Program in International Human Rights to study the impact of the Mexico City Policy in Kenya and to analyze the applicable international human rights standards. This Report sets out the findings and legal analysis that resulted. Following this Introduction and a cataloguing of our recommendations, Part I examines those international human rights obligations that the Mexico City Policy most obviously implicates. In Part II, the Report turns to the impact of the Mexico City Policy upon these rights in Kenya. Part III of this Report turns to the …

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International Trade & Developing Countries, Steve Charnovitz Jan 2005

International Trade & Developing Countries, Steve Charnovitz

Fordham International Law Journal

This is an introduction to Fordham International Law Journal, Volume 29, Number 2. This book quite appropriately addresses the challenge of trade and developing countries.

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Leveling The Playing Field: Labor Provisions In Cafta, Marisa Anne Pagnattaro Jan 2005

Leveling The Playing Field: Labor Provisions In Cafta, Marisa Anne Pagnattaro

Fordham International Law Journal

Part I of this Article details labor problems in CAFTA countries, with specific emphasis on problems related to fundamental labor rights. Part II discusses the labor-related trading objectives mandated by the U.S. Congress in the TPA, including the relationship of those objectives to core international labor standards promulgated by the International Labor Organization ("ILO"). Part III then analyzes the labor provisions that are included in CAFTA. To the extent that these provisions do not fulfill the labor objectives set forth in the TPA and do not adequately promote core international labor standards, Part IV proposes provisions that the United States …

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The European Union's New Role In International Private Litigation, Ronald A. Brand Jan 2005

The European Union's New Role In International Private Litigation, Ronald A. Brand

Loyola University Chicago International Law Review

No abstract provided.

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Human Trafficking In The Heartland: Greed, Visa Fraud, And The Saga Of 53 Indian Nationals "Enslaved" By A Tulsa Company, Michael A. Scaperlanda Jan 2005

Human Trafficking In The Heartland: Greed, Visa Fraud, And The Saga Of 53 Indian Nationals "Enslaved" By A Tulsa Company, Michael A. Scaperlanda

Loyola University Chicago International Law Review

No abstract provided.

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Have Foreign Physicians Been Misdiagnosed? A Closer Look At The J-1 Visa, Skyler G. Cruz Jan 2005

Have Foreign Physicians Been Misdiagnosed? A Closer Look At The J-1 Visa, Skyler G. Cruz

Loyola University Chicago International Law Review

No abstract provided.

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