Peacekeepers: Will They Advance Any Prospective Arab-Israeli Peace Agreement?,
2011
Fordham Law School
Peacekeepers: Will They Advance Any Prospective Arab-Israeli Peace Agreement?, Justus Reid Weiner, Avinoam Sharon, Michelle Morrison
Fordham International Law Journal
The establishment of a peacekeeping force is widely accepted to be an essential part of any future Israeli-Palestinian peace accord. The final status settlement proposed by the Clinton Administration specified "[s]security arrangements that would be built around an international presence." However, while the need for a peacekeeping force appears to enjoy broad support, it should be noted that the "Road Map" proposed by the European Union, Russia, the United Nations, and the United States (together "the Quartet") in 2003 does not suggest the inclusion of peacekeeping forces, although it does envisage a monitoring mechanism for its interim phases. The authors …
In Honor Of Roger J. Goebel,
2011
Fordham University School of Law
In Honor Of Roger J. Goebel, Joseph C. Sweeney
Fordham International Law Journal
International Law Journal are proud to dedicate the second issue of the Journal’s thirty-fourth volume to one of the school’s most distinguished and productive teachers and scholars, Roger J. Goebel, the Alpin J. Cameron Professor of Law and Director of the Center on European Union Law, on the occasion of his seventy-fifth birthday. A native of Indianapolis, Professor Goebel received his undergraduate education at Manhattan College, where he was awarded an A.B. degree in June 1957. (It is significant to note that on March 25, 1957 the Treaty of Rome was concluded, establishing the European Common Market and that it …
Characterizing Us Operations In Pakistan: Is The United States Engaged In An Armed Conflict?,
2011
Fordham Law School
Characterizing Us Operations In Pakistan: Is The United States Engaged In An Armed Conflict?, Laurie R. Blank, Benjamin R. Farley
Fordham International Law Journal
On January 14, 2010, four Hellfire missiles fired from an unmanned aerial vehicle (“drone”) slammed into a compound in Pakistan’s South Waziristan region, killing ten people. Hakimullah Mehsud, leader of Tehrik-e-Taliban Pakistan (“TTP”), was the reported target of the strike. Already the eighth US drone attack in Pakistan in 2010, these strikes followed two consecutive years of dramatically increased drone activity within Pakistan. Despite a high degree of media and scholarly interest in the United States’ use of drones in Pakistan, little attention has focused on whether the United States is engaged in an armed conflict in Pakistan, as defined …
The Complementary Faces Of Legitimacy In International Law: The Legitimacy Of Origin And The Legitimacy Of Exercise,
2011
Fordham Law School
The Complementary Faces Of Legitimacy In International Law: The Legitimacy Of Origin And The Legitimacy Of Exercise, Jean D'Aspremont, Eric De Brabandere
Fordham International Law Journal
Global governance rests on the exercise of public authority by a myriad of actors. In the international order, the more powers and influence these actors acquire, the more their legitimacy proves to be controversial. It is submitted here that the legitimacy of international, regional, and domestic actors that partake in global governance—those considered here as global actors—must be appraised from a two-fold standpoint. Their legitimacy can first be gauged through the lens of the origin of their powers. This is what this Article calls the legitimacy of origin. The origin of the power may often prove an insufficient indicator of …
Accountability In International Project Finance: The Equator Principles And The Creation Of Third-Party-Beneficiary Status For Project-Affected Communities,
2011
Fordham Law School
Accountability In International Project Finance: The Equator Principles And The Creation Of Third-Party-Beneficiary Status For Project-Affected Communities, Marissa Marco
Fordham International Law Journal
The creation of a third-party-beneficiary interest is a method to police the actions of entities doing business abroad. This Note discusses the viability of gleaning from the Principles a third-party-beneficiary right for project-affected communities to ensure compliance with the Industry's social and environmental standards. Part I defines project finance, discusses the emergence of social and environmental standards, such as the Principles, and describes the requirements of each of the ten individual Principles. Part II provides real world examples of the lack of effectiveness of the Principles in practice and explains some of the forces contributing to this practical failure. Part …
A Home In The City: Women's Struggle To Secure Adequate Housing In Urban Tanzania,
2011
Fordham University School of Law
A Home In The City: Women's Struggle To Secure Adequate Housing In Urban Tanzania, Katherine Hughes, Elisabeth Wickeri
Fordham International Law Journal
This Report presents the findings of this research effort. Part I sets out the history of Tanzania's informal settlements, including an overview of the evolution that led to the current housing crisis. Part I then reviews Tanzania's obligations under international and domestic law regarding the right to adequate housing and intersecting issues.Part II documents women's struggle to obtain adequate housing in urban Tanzania. This Part first identifies the multiple barriers women face in securing and retaining housing in Tanzanian cities, including discriminatory laws and practices, deeply entrenched patriarchal attitudes, and HIV/AIDS stigma and discrimination. Part II then explores how the …
Can Europe Be Democratic? Is It Feasible? It Is Necessary? Is The Present Situation Sustainable?,
2011
Fordham Law School
Can Europe Be Democratic? Is It Feasible? It Is Necessary? Is The Present Situation Sustainable?, Yves Meny
Fordham International Law Journal
Democracy and democratization at the European level have long been a non-problem. The issues related to democracy after the Second World War were purely national (would Italy and Germany finally be able to build up and consolidate their new democratic systems?) or international (would the Western-type democracies be able to resist and counterweight the Soviet-style Eastern European regimes?). When the first foundations of what would become the European Union ("EU") were laid down, very few had a democratic vision in mind. The then-dominant concerns were both economic (how to facilitate the reconstruction of Europe while avoiding again the economic and …
Uk V. Eu: A Continuous Test Match,
2011
Fordham Law School
Uk V. Eu: A Continuous Test Match, Julian J.E. Schutte
Fordham International Law Journal
This Essay seeks to expose the complexity of the relationship between the United Kingdom (and Ireland, but the main focus will be the UK) and the European Union that resulted from the concessions made to the UK when the treaties of Amsterdam and Lisbon were negotiated: a right not to participate in the adoption and application of EU legislative measures in the field of Justice and Home Affairs ("JHA"), and the right to decide on a case-by-case basis to opt into such measures, following procedures reminiscent of the sophisticated rules of cricket. These concessions were made to allow the UK …
Over Before It Even Began: Mohamed V. Jeppesen Dataplan And The Use Of The State Secrets Privilege In Extraordinary Rendition Cases,
2011
Fordham Law School
Over Before It Even Began: Mohamed V. Jeppesen Dataplan And The Use Of The State Secrets Privilege In Extraordinary Rendition Cases, Benjamin Bernstein
Fordham International Law Journal
This Comment analyzes the expansive holding of Mohamed. Part I discusses the history of both the state secrets privilege and the Totten bar. Part I also addresses the history of the extraordinary rendition program as well as two recent US circuit court cases, Arar v. Ashcroft and El-Masri v. United States, that involved both extraordinary rendition and the state secrets privilege. Part II details the factual and procedural background of the Mohamed litigation, the arguments put forth by both the plaintiffs and the intervening US government in their briefs, and the majority and dissenting opinions. Part III argues that the …
The Compliance With The Law Requirement In International Investment Law,
2011
Fordham Law School
The Compliance With The Law Requirement In International Investment Law, Rahim Moloo, Alex Khachaturian
Fordham International Law Journal
Part I of this Article considers the effects of a treaty expressly covering only those investments that are made in accordance with host state law. In such cases, the legality of the investment, with respect to the host state law, is shown to be a jurisdictional prerequisite. Part II discusses the presence of an implicit obligation that an investment must accord with host state and international legal principles in order for the claims related to that investment to be admissible. Part II also attempts to clarify some confusion among recent cases as to the nature of this obligation. Part III …
The Alien Tort Claims Act And Corporate Liability: A Threat To The United States' International Relations,
2011
Fordham Law School
The Alien Tort Claims Act And Corporate Liability: A Threat To The United States' International Relations, Theresa (Maxi) Adamski
Fordham International Law Journal
This Note examines the newly-created circuit split between the Second Circuit and the Ninth, and Eleventh Circuits regarding corporate liability. Part I introduces the ATCA, chronicling its transformation from a short provision in the Judiciary Act of 1789 to the weapon of choice employed against international corporations for alleged human rights violations. Part II focuses on the newly-created circuit split, identifying important case law and the current standing of ATCA human rights corporate liability in all three circuits. Emphasis is placed upon the international implications of and reactions to these decisions. Finally, Part III concentrates on the international implications of …
Masthead,
2011
Case Western Reserve University School of Law
Masthead, Volume 43 Issue 3 (2011)
Case Western Reserve Journal of International Law
No abstract provided.
International Law In Crisis: Foreword,
2011
Case Western Reserve University
International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain
Case Western Reserve Journal of International Law
No abstract provided.
Volume 44 Issue 1 (2011),
2011
Case Western Reserve University School of Law
Volume 44 Issue 1 (2011), Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
Preface To The Paperback Edition Of United States, International Law, And The Struggle Against Terrorism,
2011
Elisabeth Haub School of Law at Pace University
Preface To The Paperback Edition Of United States, International Law, And The Struggle Against Terrorism, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
It is remarkable that in less than two years so many significant developments have taken place that concern the United States and the struggle against transnational terrorism. Perhaps the three most significant are as follows: (1) the Obama administration’s failure to reject wholesale the Bush-Cheney administration’s counterterrorism policies and practices; (2) the popular revolts sweeping the Arab world, often referred to as the “Arab spring”; and (3) the US Navy Seals killing Osama bin Laden in Abbottabad, Pakistan.
The Cancún Climate Conference,
2011
Pace Law School
The Cancún Climate Conference, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Let's Disable Her Further, Shall We? The Cast Of Gender On Disability Rights In The Iranian Context,
2011
Osgoode Hall Law School of York University
Let's Disable Her Further, Shall We? The Cast Of Gender On Disability Rights In The Iranian Context, Hengameh Saberi
Articles & Book Chapters
No abstract provided.
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana,
2011
University of South Carolina School of Law
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Faculty Publications
Morocco shares cultural, religious, and linguistic roots with more conservative countries in the region, yet the Moroccan government has interpreted similar traditions to yield the starkly different stance that gender equality is desirable. Morocco’s Moudawana, the 2004 legislation on family law with provisions largely derived from Islamic sources, confers unprecedented rights on Moroccan women. Part I of this Note evaluates the Moudawana in light of its break with traditional Shari’a, alongside its fidelity to other Islamic law principles in giving Moroccan women unprecedented rights. While the new Moudawana has provisions addressing inheritance, children’s rights, and assets within a marriage, this …
Prosecuting Child Pirates,
2011
Case Western Reserve University School of Law
The International Criminal Court's Ineffective Enforcement Mechanisms: The Indictment Of President Omar Al Bashir,
2011
Fordham Law School
The International Criminal Court's Ineffective Enforcement Mechanisms: The Indictment Of President Omar Al Bashir, Gwen P. Barnes
Fordham International Law Journal
Part I introduces the Rome Statute and highlights the portions of the Rome Statute that leave the ICC vulnerable to member states that violate the Rome Statute without any clear punishment for the violation. In particular, Part I focuses on the expansive jurisdiction and the limited enforcement mechanisms that the Rome Statute bestows upon the ICC. Part II illustrates the ICC's vulnerability under the Rome Statute by using the example of the ICC's indictment of President Al Bashir and examining the existing tension between the ICC and the African Union ("AU"). Part III argues that the ICC must strengthen or …
