International Law Commons^™

An Unsatisfactory Case Of Self-Determination: Resolving Puerto Rico's Political Status, Lani E. Medina

Fordham International Law Journal

In the case of Puerto Rico, the exercise of self-determination has raised, and continues to raise, particularly difficult questions that have not been adequately addressed. Indeed, as legal scholars Gary Lawson and Robert Sloane observe in a recent article, “[t]he profound issues raised by the domestic and international legal status of Puerto Rico need to be faced and resolved.” Accordingly, this Note focuses on the application of the principle of self-determination to the people of Puerto Rico. Part I provides an overview of the development of the principle of self-determination in international law and Puerto Rico's commonwealth status. Part II …

Rule 11 Bis: An Examination Of The Process Of Referrals To National Courts In Icty Jurisprudence, Olympia Bekou

Fordham International Law Journal

Rule 11 bis forms a cornerstone of the ICTY's completion strategy. Part I of this Article provides an analysis of the elements of the rule. This Part will highlight the purpose of Rule 11 bis, offer an overview of the legal basis through which the transfer of jurisdiction has taken place in the ICTY, discuss the referral process and the elements necessary for a successful referral, and, finally, round out the discussion with an overview of the decision making process of the referral bench in identifying which state is suitable to proceed with a trial once it is determined that …

A Tiny Problem With Huge Implications - Nanotech Agents As Enablers Or Substitutes For Banned Chemical Weapons: Is A New Treaty Needed?, Evan J. Wallach

Fordham International Law Journal

The underlying thesis of this Article is that while smaller-sized particles and separate nano-sized carriers of known agents are clearly covered by the CWC, nanomimics are not as squarely within the relevant provisions. The bulk of this Article deals with that question. Despite the invitation to woolgather, this Article is limited to the tightest possible analytical approach. Part I begins with definitions of chemical and biological agents within existing treaties, and of nanoproducts, including those existing beyond presently-known technical capabilities, but which are at least reasonably conceivable (“nanobots”). Part II provides an overview of treaty law that is potentially applicable …

From Baghdad To Bagram: The Length & Strength Of The Suspension Clause After Boumediene, Justin D. D'Aloia

Fordham International Law Journal

This is a predictive Note that will examine the doctrine relating to war-time detention and endeavor to decipher who currently maintains a right to challenge executive detention in the wake of Boumediene. This Note therefore does not centrally discuss the authority of the United States to detain wartime prisoners, what procedure is due to detainees, the wisdom of the Boumediene approach to constitutional domain, or any other related issues. Instead, this Note will attempt to define the outer contours of the Suspension Clause by looking through the Boumediene prism to determine who may presently invoke the protections of the Suspension …

Resale Price Maintenance And Article 101: Developing A More Sensible Analytical Approach, Andreas P. Reindl

Fordham International Law Journal

This essay examines how European competition law can move toward an improved analytical framework for resale price maintenance ("RPM") cases consistent with the view of European competition law as a consumer welfare prescription. Before addressing RPM issues directly, Part I summarizes a few ground rules on the analytical framework in article 101 TFEU ("Treaty on the Functioning of the European Union") cases in an economics-based competition regime. This Part should help avoid the circularity of the argument that a restraint such as RPM should be considered a “restriction by object” under article 101(1) TFEU because it is characterized as a …

The Influence Of The European Convention On Fundamental Rights On Community Law, John L. Murray

Fordham International Law Journal

This Article examines the operation of the European Convention on the Protection of Human Rights and Fundamental Freedoms system ("European Convention on Human Rights" or "Convention") (i.e., the Council of Europe's system for human rights protection, based on the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights, as distinct from the unique system of the European Union). The system is examined in an effort to discern the enhanced impact the Convention may have on Community law under the Lisbon Treaty, and the difficulties this may present.

The State's Liability In Damages For Administrative Action, Konrad Schiemann

Fordham International Law Journal

This Essay looks at the state of the law in England as it was when Lord Gordon Slynn of Hadley was practicing at the bar. The Essay then considers state liability in the context of the European Union ("EU") and finally concludes by looking at the current English law governing state liability.

"A Mere Pretense Of Justice": Complementarity, Sham Trials, And Victor's Justice At The Rwanda Tribunal, Lars Waldorf

Fordham International Law Journal

This Article beings by sketching the background of the recent Rwandan Patriotic Front ("RPF") trial, focusing on domestic impunity for RPF crimes and strained relations between Rwanda and the International Criminal Tribunal for Rwanda ("ICTR"). It next describes and analyzes the components of the ICTR-Rwanda agreement: the agreement itself, the RPF trial, and the ICTR prosecutor's assessment of the trial. The Article then explores the larger issues of prosecutorial discretion and independence, complementarily, and victor's justice, while examining the implications for the International Criminal Court ("ICC").

Of Trailers And Jet Skis: Is The Case Law On Article 34 Tfeu Hurtling In A New Direction?, Peter Oliver

Fordham International Law Journal

The provision which is the focus of this Article is article 34 of the Treaty on the Functioning of the European Union ("TFEU" or "Treaty") (formerly article 28 EC). This Article focuses on an analysis of two recent judgments on this important issue delivered by the European Court of Justice ("Court") in 2009, namely the Trailers decision and the Mickelsson decision. Before reaching these judgments, the Article discusses very briefly the relationship between the four freedoms (free movement of goods, persons, services, and capital) and then, as to the scope of article 34, reminds the reader of what is "the …

Controlling Dominance In European Markets, Erika Szyszczak

Fordham International Law Journal

The theme of this Article addresses an area of European Union ("EU") law that has witnessed continuing complex questions for regulation: the role of law in the evolving processes of controlling dominance through competition laws in the liberalized markets of Europe. These markets offer new challenges for competition law, especially where new business platforms emerge. These markets also present new challenges in identifying how far a private law right of freedom to contract and rights to property can be reconciled with the demise of the state in providing essential services to citizens and the replacement of such services with new …

Uprooting Children In The Name Of Equity, Merle H. Weiner

Fordham International Law Journal

This Article ultimately recommends that courts should reign in, if not abandon, the doctrine of equitable estoppel as it is used in Hague child abduction cases. This Article supports its thesis in four parts. Part I describes the equitable estoppel argument as it has emerged within the Hague Convention framework. Part II then examines the Convention's legislative history and argues that the doctrine is incompatible with that history. Part III analyzes the principle policy basis offered in support of the doctrine: the deterrence of concealment. Part IV focuses on the best way to address concealment within the confines of the …

Revisiting The Sec's Memoranda Of Understanding: A Fresh Look, Eduard H. Cadmus

Fordham International Law Journal

In attempting to understand the effectiveness of the Security and Exchange Commission's ("SEC") Memoranda of Understanding ("MOU"), this Note proceeds in three parts. Part I examines the structure of the global marketplace and evaluates the prospects for cooperation. Part II looks at the U.S. court system's approach to extraterritorial jurisdiction and reviews some representative MOUs. Part III concludes that MOUs are primed for success as an information exchange framework, though an evaluation of their effectiveness should be carried out by the SEC or another body with access to confidential files obtained from foreign regulators.

Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss

School of Law Faculty Publications

In March 2003, I wrote an article for the Environmental Law Reporter surveying potential international judicial forums where victims of global warming could bring lawsuits. In the ensuing six years, numerous lawsuits have been brought in the United States and in other countries, and environmentalists can now celebrate their first significant victory. In April 2007, based upon its finding that greenhouse gases are pollutants under Section 202(a)(1) of the U.S. Clean Air Act, the Supreme Court in Massachusetts v. EPA held that the U.S. Environmental Protection Agency (EPA) has the authority to regulate greenhouse gases.

Though we are still in …

Table Of Contents - Issue 2

South Carolina Journal of International Law and Business

No abstract provided.

Business Interruption &(And) Employer Liability In The Age Of Ice Raids, Tyler D. Bolden Esq.

South Carolina Journal of International Law and Business

No abstract provided.

Maritime Wrongful Death: A Primer Symposium Papers, Rett Guerry

South Carolina Journal of International Law and Business

No abstract provided.

Legal And Policy Factors Governing The Imposition Of Conditions On Access To And Jurisdiction Over Foreign-Flag Vessels In U.S. Ports, John T. Oliver

South Carolina Journal of International Law and Business

No abstract provided.

Self-Defense, The Law Of Armed Conflict And Port Security, George K. Walker

South Carolina Journal of International Law and Business

No abstract provided.

Ins And Outs Of Modern Ports: Rethinking Container Security, Jennifer L. North

South Carolina Journal of International Law and Business

No abstract provided.

United Nations Convention On Contracts For The International Sale Of Goods: Lessons Learned From Five Years Of Cases, Marcia J. Staff

South Carolina Journal of International Law and Business

No abstract provided.

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.

United Nations Security Council Reform: Collected Proposals And Possible Consequences, Brian Cox

South Carolina Journal of International Law and Business

No abstract provided.

Help From Across The Pond: Applying The U.K. Law Commission's Presumption That Exclusion From Management In A Private Company Is Unfairly Prejudicial As A Guide To Assessing Claims Of Minority Shareholder Oppression In U.S. Closely Held Corporations, Lindsey M. Heger

South Carolina Journal of International Law and Business

No abstract provided.

Territory, Territoriality, And The Resolution Of Jurisdictional Conflict, Hannah L. Buxbaum

Articles by Maurer Faculty

No abstract provided.

After The Revolution: Global Health Politics In A Time Of Economic Crisis And Threatening Future Trends, David P. Fidler

Articles by Maurer Faculty

In 2008, global health’s political revolution, which unfolded over the preceding 10-15 years, ended when four global crises damaged global health and altered the political, diplomatic, and governance contexts in which global health activities operate. The climate change, energy, food, and economic crises revealed limitations in global health’s ability to shape large-scale political, economic, and environmental problems that adversely affect health or harm underlying determinants of health. In addition, projected trends in world affairs potentially threaten health and the ability of countries to craft effective collective action responses to global problems damaging health directly and indirectly. In the post-revolution period, …

Where The Home In The Valley Meets The Damp Dirty Prison: A Human Rights Perspective On Therapeutic Jurisprudence And The Role Of Forensic Psychologists In Correctional Settings, Astrid Birgden, Michael L. Perlin

Articles & Chapters

The roles of forensic psychologists in coerced environments such as corrections include that of treatment provider (for the offender) and that of organizational consultant (for the community). This dual role raises ethical issues between offender rights and community rights; an imbalance results in the violation of human rights. A timely reminder of a slippery ethical slope that can arise is the failure of the American Psychological Association to manage this balance regarding interrogation and torture of detainees under the Bush administration. To establish a “bright-line position” regarding ethical practice, forensic psychologists need to be cognizant of international human rights law. …

Introduction: Feminist Advocacy, Constitutions And Law, Penelope Andrews

Articles & Chapters

The programs and projects of the last few decades of feminist advocacy have been applauded, resisted, andvilified. Despite these divergent responses, there is no doubt that in societies across the globe women’s voices in the legal and political realm are no longer muted. Organizing and lobbying on all five continents, aided and abetted by the liberating possibilities of the innovative communications technology, especially the internet, women advocates have created the discursive space in the political, legal, social, and economic realm to influence governmental policies, law and practice. Developments in the last few decades have illustrated the concerted efforts by women …

Solutions For Disputes Over Intellectual Property Between Taiwan And China – Analyzing Arbitration, Szu-Chou Peng, Fu-Jung Wu

Barry Law Review

Increasing business transactions between Taiwan and China have caused international intellectual property disputes to become a new and serious problem for Taiwanese businessmen who have direct and indirect investments in trade. In order to solve this problem, Taiwan and China sequentially set special regulations. For example, section 74 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area was enacted by the government of Taiwan to recognize China’s civil arbitration procedures. On July 23, 2004, China established the Regulations of the Supreme People’s Court Regarding the People’s Courts’ Recognition of the Civil Judgments Rendered by …

On The Evolution Of The Law Of International Sea Piracy: How Property Trumped Human Rights, The Environment And The Sovereign Rights Of States In The Areas Of The Creation And Enforcement Of Jurisdiction, Leticia M. Diaz, Barry Hart Dubner

Barry Law Review

This article examines the statistics concerning piratical incidents occurring in the year 2008 and their impact on the world economy. This article also reviews the total scope of sea piracy worldwide with regard to the number and type of incidents thereof, because Somalia is not the only place in the world where sea piracy occurs. Finally, this article analyzes the history of prescribing and enforcing a jurisdiction regarding the international law of sea piracy.

The United Nations Responses To The Sexual Abuse And Exploitation Of Women And Girls By Peacekeepers During Peacekeeping Missions, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.