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Articles 721 - 750 of 864
Full-Text Articles in International Law
Trans-Atlantic Ghost Busting: The Failed Attempt To Dispose Of The Chesapeake "Ghost Fleet" In The United Kingdom, David Killion
Trans-Atlantic Ghost Busting: The Failed Attempt To Dispose Of The Chesapeake "Ghost Fleet" In The United Kingdom, David Killion
University of Richmond Law Review
No abstract provided.
An Empirical Examination Of Product And Litigant-Specific Theories For The Divergence Between Nafta Chapter 19 And U.S. Judicial Review, Juscelino F. Colares
An Empirical Examination Of Product And Litigant-Specific Theories For The Divergence Between Nafta Chapter 19 And U.S. Judicial Review, Juscelino F. Colares
Faculty Publications
Empirical analysis of NAFTA panel review has shown that panels reverse US agency trade remedy determinations twice as often as US courts. Recent studies have eliminated case selection and other hypotheses as potential explanations for this divergence. In this article, Probit regressions show that case docket differences, such as type of import or litigant identity, also cannot account for this discrepancy. As NAFTA panels must apply the same law and standards of review as the US courts they replace, this divergence presents serious questions regarding US Congressional acquiescence to the operation of NAFTA panels and encourages discussion of the role …
The Collateral Protection Of Rights In A Global Economy, Sheldon Leader
The Collateral Protection Of Rights In A Global Economy, Sheldon Leader
NYLS Law Review
No abstract provided.
Lambs Into Lions: The Utilization Of Child Soldiers In The War In Iraq And Why International And Iraqi Laws Are Failing To Protect The Innocent, Anna-Liisa Jacobsen
Lambs Into Lions: The Utilization Of Child Soldiers In The War In Iraq And Why International And Iraqi Laws Are Failing To Protect The Innocent, Anna-Liisa Jacobsen
Richmond Journal of Global Law & Business
No abstract provided.
Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane E. Stromseth
Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
In recent years, considerable blood, sweat, and treasure have been devoted to building the rule of law in the wake of armed conflicts and military interventions in many parts of the world. From Afghanistan to Iraq, Kosovo to East Timor, and Sierra Leone to Haiti and elsewhere, international interveners and local leaders have struggled to address both security and humanitarian challenges in societies seeking to overcome a legacy of violent conflict
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism, Catherine Powell
Georgetown Law Faculty Publications and Other Works
Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition--and international law generally--poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question of torture within …
Codes And Hypertext: The Intertextuality Of International And Comparative Law, Marylin J. Raisch
Codes And Hypertext: The Intertextuality Of International And Comparative Law, Marylin J. Raisch
Georgetown Law Faculty Publications and Other Works
The field of information studies reveals gaps in the literature of international and comparative law as part of interdisciplinary and textual studies. To illustrate the kind of theoretical and text-based work that could be done, this essay provides an example of such a study. Religious law texts, civil law codes, treaties and constitutional texts may provide a means to reveal the nature of hypertext as the new format for commentary. Margins used to be used for commentary, and now this can be done with hypertext and links in footnotes. Scholarly communication in general is now intertextual, and texts derive value …
Influenza Virus Samples, International Law, And Global Health Diplomacy, David P. Fidler
Influenza Virus Samples, International Law, And Global Health Diplomacy, David P. Fidler
Articles by Maurer Faculty
Indonesia’s decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia’s use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International …
The European Union’S Shareholder Voting Rights Directive From An American Perspective: Some Comparisons And Observations, Arthur R. Pinto
The European Union’S Shareholder Voting Rights Directive From An American Perspective: Some Comparisons And Observations, Arthur R. Pinto
Fordham International Law Journal
The European Union (“EU”) has recently celebrated its 50th anniversary. This Article is based upon my presentation in the Symposium celebrating the anniversary held at Fordham Law School and sponsored by the Fordham International Law Journal. The Article will look at how the European Union has recently approached company law issues (usually referred to as corporate law in the United States) and particularly shareholder voting rights through the recent EU directive on the exercise of certain rights of shareholders in listed companies (“Voting Rights Directive” or “Directive”). My focus is on company law with regard to the corporate governance of …
The Limitation Of Intellectual Property In The Name Of Competition, Paul Nihoul
The Limitation Of Intellectual Property In The Name Of Competition, Paul Nihoul
Fordham International Law Journal
Intellectual property (“IP”) is often credited with providing an incentive for inventors to develop their creativity. Through IP protection, inventors can recoup their investment and make a profit. That idea, which has inspired legislators worldwide, is currently challenged in the European case law on competition. In the last twenty years, five cases have limited, in the name of competition, the possibility for firms to use IP rights acquired in conformity with applicable laws. These cases are examined in this article. I analyze the scope of the emerging jurisprudence and investigate the arguments articulated, in support of their position, by the …
Joseph Sweeney: Scholar, Teacher, Pillar Of The Fordham Law School Community, Roger J. Goebel
Joseph Sweeney: Scholar, Teacher, Pillar Of The Fordham Law School Community, Roger J. Goebel
Fordham International Law Journal
This issue of the Fordham International Law Journal is dedicated to Professor Joseph Sweeney on the occasion of his seventy-fifth birthday.
Filling Some Of The Gaps: The International Law Association (American Branch) Law Of The Sea Definitions Project, George K. Walker
Filling Some Of The Gaps: The International Law Association (American Branch) Law Of The Sea Definitions Project, George K. Walker
Fordham International Law Journal
The Law of the Sea Committee (“LOS Committee” or “Committee”) of the International Law Association's American Branch (“ABILA”) will complete its project, Terms in the 1982 U.N. Convention on the Law of the Sea or in Convention Analysis that the Convention Does Not Define (“Report”), in 2009. If the U.S. Senate gives advice and consent, and President Barack Obama exchanges ratifications, the U.N. Convention on the Law of the Sea (“UNCLOS” or “Convention”) and its 1994 protocol will, belatedly in the view of many, become law for the United States, as they already are for much of the world. It …
The Role Of Informal Legal Institutions In Economic Development, Kevin J. Fandl
The Role Of Informal Legal Institutions In Economic Development, Kevin J. Fandl
Fordham International Law Journal
The purveyance of the rule of law in developing countries has frequently been associated with positive economic development. Better clarity, scope, transparency and enforcement of the laws will promote confidence and trust in the formal legal system, the argument suggests. At its core, this argument misses a fundamental yet widely recognized tangent to the rule of law – the role of informal legal institutions. The perception of legal systems perpetrated by the state - formal legal systems - is negative in many developing countries. Corruption, high costs and lengthy time periods for issue resolution limit the ability and willingness of …
Beyond Contract – The Case For Default Arbitration In International Commercial Disputes, Gilles Cuniberti
Beyond Contract – The Case For Default Arbitration In International Commercial Disputes, Gilles Cuniberti
Fordham International Law Journal
The thesis of this Article is that arbitration should become the default mode of resolution of international commercial disputes. In Part I, I first address the critical issue of the legitimacy of international arbitrators. In the traditional model of voluntary arbitration, the legitimacy of arbitrators flows from the agreement of the parties. By agreeing to have their dispute settled by way of arbitration, the parties have not only empowered the arbitrators, but also abided by the power that they have conferred on them. In the model that I propose, however, arbitration loses its contractual foundation. Would arbitrators also lose all …
Fundamental Rights In The European Community Legal Order, John L. Murray
Fundamental Rights In The European Community Legal Order, John L. Murray
Fordham International Law Journal
The role of the courts in the protection of human rights in any legal system is a constitutionally sensitive one. The observance and protection of such rights articulate with many aspects of the exercise of governmental and legislative power. The value nature of human rights accentuates these sensibilities. Some have viewed sovereign law as an essential ingredient in the make-up of national identity, a perception which tends to confirm a presumption that legal systems, while responsive to new pressures, are nonetheless holistic, coherent, and state-bound. National law is a rampart against outside corruption of the national ethos. Inevitably all of …
Eu Law, International Law, And Economic Sanctions Against Terrorism: The Judiciary In Distress?, Takis Tridimas, Jose A. Gutierrez-Fons
Eu Law, International Law, And Economic Sanctions Against Terrorism: The Judiciary In Distress?, Takis Tridimas, Jose A. Gutierrez-Fons
Fordham International Law Journal
This Article seeks to examine the relationship between European Union (“EU”) law, international law, and the protection of fundamental rights in light of recent case law of the European Court of Justice (“ECJ”) and the Court of First Instance (“CFI”) relating to economic sanctions against individuals. It first looks at the judgment in Kadi. After a short presentation of the factual and legal background, it explores the question of whether the EU has competence to adopt smart sanctions. It then examines whether the EU is bound by resolutions of the UNSC, whether the ECJ has jurisdiction to review Community measures …
Rule Of Law In Central And Eastern Europe, Frank Emmert
Rule Of Law In Central And Eastern Europe, Frank Emmert
Fordham International Law Journal
Pursuant to the same logic that prevailed when Jean Monnet and Robert Schuman reached out to Germany after the end of World War II, and in keeping with the promise made in the Preamble of the founding treaty, the EU now reached out to Central and Eastern Europe after the end of the Cold War and offered integration. In recognition of the difficulties for the EU on the one side of absorbing a large number of countries without jeopardizing the functioning of the institutions, and the difficulties for the Central and Eastern European Countries ("CEECs") on the other side of …
New Frontiers In The Relationship Between National And European Courts, George A. Bermann
New Frontiers In The Relationship Between National And European Courts, George A. Bermann
Fordham International Law Journal
The central question pervading this discussion is simply stated: whether and to what extent the European Court of Justice (“Court of Justice” or “Court”) (and the European institutions more generally) can count on the courts of the Member States to perform their judicial tasks in ways that are faithful to the ground rules of European Union (“EU”) law, be those rules substantive or procedural in character. Looking back over the past five decades, I am struck by the succession of different forms this question of national court “fidelity” to Community law, for lack of a better term, has taken. (The …
China's New Labor Contract Law And Protection Of Workers, Li Jing
China's New Labor Contract Law And Protection Of Workers, Li Jing
Fordham International Law Journal
This Comment will discuss the labor conditions in China that prompted many provisions in the recently enacted Labor Contract Law, and how the new law responds to deficiencies of China's Labor Law to address various labor problems. Part I of this Comment contains a brief presentation of the historical and economic background of the emergence of migrant workers. Part I also examines the causes of the main problems faced by migrant workers, in particular the insufficiencies of China's Labor Law in protecting migrant workers. Part II looks into the legislation's background and specific provisions of China's new Labor Contract Law …
Surrendering The Rule Of Law In Foreign Relations, Martin S. Flaherty
Surrendering The Rule Of Law In Foreign Relations, Martin S. Flaherty
Fordham International Law Journal
Foreign relations specialists for the most part agree on this much: Medellin v. Texas may prove to be the most important case in the field in recent memory—more than even the recent line of Guantanamo decisions, significant as the general public assumes these to be. Agreement fades, however, concerning exactly what Medellin’s importance will be. Does it signal a reversal of the doctrine that treaties are presumptively self-executing? Or does it (merely) suggest hostility toward domestic application of multi-lateral agreements, especially when they confer individual rights? Is the Court’s opinion driven by a salutary commitment to domestic democratic process in …
The Distinct Cases Of Kosovo And South Ossetia: Deciding The Question Of Independence On The Merits And International Law, Ronald Thomas
The Distinct Cases Of Kosovo And South Ossetia: Deciding The Question Of Independence On The Merits And International Law, Ronald Thomas
Fordham International Law Journal
The cases of Kosovo and South Ossetia provide two opportunities for the community of nations to reconcile the rights of Serbia and Georgia with the rights of the peoples within their borders. Instead of doing so, other countries used these cases for ideological and political posturing and continued to do so as of the end of 2008. This Note will review Kosovo and South Ossetia and attempt to take the politics out of an inherently political decision-whether or not to recognize them as independent states. Part I of this Note will review how the United Nations has approached the issues …
Pacta Sunt Servanda And State Promises To Foreign Investors Before Bilateral Investment Treaties: Myth And Reality, Jason Webb Yackee
Pacta Sunt Servanda And State Promises To Foreign Investors Before Bilateral Investment Treaties: Myth And Reality, Jason Webb Yackee
Fordham International Law Journal
In their 1959 proposal to build a new international legal order founded upon principles of human dignity, Professors Myres McDougal and Harold Lasswell admonished international legal scholars to continuously reappraise the suitability and necessity of existing international legal institutions, taking due notice of the "myths" on which current arrangements are based and justified.' The aim of this Article is to take McDougal and Lasswell's admonition seriously in analyzing one of the persistent myths that serves to explain and to justify bilateral investment treaties ("BIT"s) that form the backbone of the modern system of international investment law. The author’s aim is …
The Contribution Of The International Court Of Justice To The Development Of International Environmental Law: A Contemporary Assessment, Dr. Jorge E. Viñuales
The Contribution Of The International Court Of Justice To The Development Of International Environmental Law: A Contemporary Assessment, Dr. Jorge E. Viñuales
Fordham International Law Journal
The article provides a detailed and up-to-date assessment of the contribution of the International Court of Justice (ICJ) to the development of International Environmental Law (IEL), including the potential in this respect of the cases currently pending before the Court. The author argues that the ICJ's contribution to IEL can be organized in two main waves of cases. The legacy of the first wave, which covered essentially the Corfu Channel and the Nuclear Tests cases, as well as an important obiter dictum made in the Barcelona Traction case, was the confirmation of previous case-law on transboundary damages as well as …
Indigenous Land Rights And The Declaration On The Rights Of Indigenous Peoples: Implications For Maori Land Claims In New Zealand, Sarah M. Stevenson
Indigenous Land Rights And The Declaration On The Rights Of Indigenous Peoples: Implications For Maori Land Claims In New Zealand, Sarah M. Stevenson
Fordham International Law Journal
This Comment argues that Maori land claims will be bolstered through the use of existing and emerging customary international law, including principles in the Declaration. Part I discusses land issues in New Zealand, beginning by providing an overview of developments since the signing of the Treaty of Waitangi (“Treaty”), the founding document of New Zealand. It then discusses Maori customary title, the foreshore and seabed controversy, and the first settlement under the F.S.A., and concludes with the reasons for New Zealand's vote against the Declaration. Part II reviews indigenous rights in international law and the role of international law in …
Book Review, Jordan J. Paust, Beyond The Law: The Bush Administration’S Unlawful Responses In The ‘War’ On Terror (2007), Mark A. Drumbl
Book Review, Jordan J. Paust, Beyond The Law: The Bush Administration’S Unlawful Responses In The ‘War’ On Terror (2007), Mark A. Drumbl
Scholarly Articles
The situation at Guantánamo is one of several past and ongoing examples of what Jordan Paust calls ‘dirty war tactics' deployed by the United States in response to the 9/11 attacks. In Beyond the Law: The Bush Administration's Unlawful Responses in the ‘War’ on Terror, Professor Paust describes these ‘dirty war tactics' and claims that, in undertaking them, the Bush Administration balefully has corroded the rule of law itself.
The Gravity Threshold Of The International Criminal Court, Susana Sácouto, Katherine A. Cleary
The Gravity Threshold Of The International Criminal Court, Susana Sácouto, Katherine A. Cleary
Scholarly Articles in Law Reviews & Journals
From its inception, the world's first permanent International Criminal Court ("ICC" or "Court") was envisioned as a body that would preside over only those cases of most serious concern to the international community as a whole. Thus, the Court's subject matter jurisdiction is limited to the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. Moreover, Article 17(1)(d) of the Rome Statute provides that the Court shall determine that a case is inadmissible where the case is not of sufficient gravity to justify further action by the Court. This so-called "gravity threshold" has played a …
Table Of Contents - Issue 2
South Carolina Journal of International Law and Business
No abstract provided.
Accessing The Effects Of Chapter 15: Cross-Border Insolvency Cases In Us Bankruptcy Courts From 1995-2006, Roxane Delaurell
Accessing The Effects Of Chapter 15: Cross-Border Insolvency Cases In Us Bankruptcy Courts From 1995-2006, Roxane Delaurell
South Carolina Journal of International Law and Business
No abstract provided.
Tribal Customary Law In Jordan, Ann Furr, Muwafaq Al-Serhan
Tribal Customary Law In Jordan, Ann Furr, Muwafaq Al-Serhan
South Carolina Journal of International Law and Business
No abstract provided.
European Class Actions, Michelle Parsons
European Class Actions, Michelle Parsons
South Carolina Journal of International Law and Business
No abstract provided.