International Law Commons^™

Is It Greek Or Déjà Vu All Over Again?: Neoliberalism And Winners And Losers Of International Debt Crises, Tayyab Mahmud

Faculty Articles

The global financial meltdown and the Great Recession of 2007-2009 have brought into sharp relief the uneven distribution of gain and pain during economic crises. The 2009-2010 debt crisis in Greece resulted in a windfall for financial institutions at the expense of taxpayers, a rollback of welfare systems, and the impoverishment of the working classes. This outcome is consistent with the pattern that has emerged in the international debt crises of the last three decades, including the Latin American crisis during the 1980s and the Asian crisis during the 1990s.

The recurrent international debt crises of the last three decades …

Ruti Teitel Responds To Shana Tabak, Ruti G. Teitel

Other Publications

No abstract provided.

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 …

Formalization Of Plea Bargaining In Germany: Will The New Legislation Be Able To Square The Circle?, Regina E. Rauxloh

Fordham International Law Journal

In German criminal trials, the common law instrument of the guilty plea is unknown. Consequently, one cannot speak of plea bargaining in the strict sense. Nevertheless, informal negotiations, which center on the exchange of a confession for a sentence concession, play an increasing role in the German criminal process. It is claimed that in today’s Germany “the criminal procedure cannot be imagined without the phenomenon of informal agreements.” After years of academic debate and developing case law on informal agreements, the German Federal Parliament (Deutscher Bundestag) has now passed new legislation that regulates agreements and makes them part of the …

Awaking The Sleeping Dragon: The Evolving Chinese Patent Laws And Its Implications For Pharmeceutical Patents, Rachel T. Wu

Fordham International Law Journal

Part I of this Comment will discuss the development of the Chinese IP system and discuss why it has been ineffective in protecting pharmaceutical patents by comparing it to the US patent system. Part II analyzes the third amendment to the Chinese patent law and how it protects patents, particularly pharmaceutical ones, and deters counterfeiters from infringing upon the patents. Part II also presents different views on the effectiveness of the third amendment to protect patents. Part III argues that even though the third amendment is a great leap forward, pharmaceutical counterfeiting will continue to happen if the local governments …

Land Is Life, Land Is Power": Landlessness, Exclusion, And Deprivation In Nepal, Elisabeth Wickeri

Fordham International Law Journal

This Report presents the findings of this research effort. A comprehensive consideration of the many aspects of land ownership in Nepal, including the related issues of agricultural development, the impact of nonstate actors in newly-formed special economic zones, and the claims of landlords returning to land seized during the Maoist conflict is beyond the scope of this project. The Report and study focused on documenting the impact that inadequate access to land has on the human rights of landless people, including rights to housing, food, water, work, and access to justice. The Report consists of four parts. Part I provides …

J.Mc.B V. L.E.: The Intersection Of European Union Law And Private International Law In Intra-European Union Child Abduction, Claire Dekar

Fordham International Law Journal

The certified question and the legal impact of the Court of Justice's preliminary ruling on that question are the subject of this Comment. Part I explains the relevant provisions of the Hague Abduction Convention, Brussels II bis, and the implicated European human rights laws, and discusses the case in chief before the Irish High and Supreme Courts. Part II examines the Court of Justice's opinion on the certified question. Finally, Part III analyzes the impact of the opinion on J.McB. and his family, Brussels II bis and its interpretation, and the jurisprudence the Court of Justice regarding the protection of …

The Extraterritorial Reach Of Section 10(B): Revisiting Morrison In Light Of Dodd-Frank, Kara Baquizal

Fordham International Law Journal

This Note argues that the conduct-and-effects test set out in Dodd-Frank should not extend to private rights of action under § 10(b) of the Exchange Act. Part I discusses three principle ideas key to understanding US securities law and its extraterritorial application: the framework of US regulations surrounding securities fraud; the availability of a private right of action in the United States and how it compares with the regulatory regimes of other countries; and the presumption against extraterritoriality in American law. Part II explains the conflicting tests that currently exist in American jurisprudence regarding the extraterritorial reach of § 10(b): …

Indigenous Political Participation: The Key To Rights Realization In The Andes, Stephanie Selekman

Human Rights & Human Welfare

"There is no way back, this is our time, the awakening of the indigenous people. We'll keep fighting till the end. Brother Evo Morales still has lots to do, one cannot think that four years are enough after 500 years of submission and oppression,” said Fidel Surco, a prominent indigenous leader, reflecting on Bolivia’s first indigenous president entering his second term (Carroll & Schipani 2009).

The Andean region is particularly appropriate for examining indigenous political rights because 34-40 million indigenous people reside mostly in this region. The actualization of human rights for Andean indigenous groups is an inherently complex issue, …

Kimberly Lanegran On Child Soldiers: Sierra Leone’S Revolutionary United Front. By Myriam Denov. Cambridge, Uk: Cambridge University Press. 2010. 234 Pp., Kimberly Lanegran

Human Rights & Human Welfare

A review of:

Child Soldiers: Sierra Leone’s Revolutionary United Front. By Myriam Denov. Cambridge, UK: Cambridge University Press. 2010. 234 pp.

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson

Human Rights & Human Welfare

A review of:

Prisoners of America’s Wars: From the Early Republic to Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp.

Introduction: Minority Rights, Joel R. Pruce

Human Rights & Human Welfare

The central thread woven through this Digest is the concept of vulnerability. Minority status, broadly construed, represents a core characteristic that carries with it particular human rights implications. Historically, minorities are frequently targeted for exploitation and scapegoated when things go badly. Without the capacity to protect themselves and without spokespersons to stand with them in solidarity, minority groups are specifically susceptible to gross exercises of power and abuse and too often denied access to channels through which to make claims and demand redress. Violations of minority rights are commonly structural in nature, as discriminatory practices are built into political and …

Human Rights And The Search For Common Ground: A Comparative Study Of Islamic And Christian Thought, Joseph Prud'homme

Human Rights & Human Welfare

A review of:

Common Ground: Islam, Christianity, and Religious Pluralism. By Paul Heck. Washington, DC: Georgetown University Press. 2009.

Human Trafficking And Minorities: Vulnerability Compounded By Discrimination, Heidi Box

Human Rights & Human Welfare

Human trafficking is an extreme human rights violation that impacts all populations across the globe and is characterized by force, fraud, and coercion intended for exploitation (Palermo Protocol 2000). Currently, human trafficking research is particularly limited by non-standard terminology and a clandestine research population. While estimates of the number of trafficked persons vary widely and are notoriously unsubstantiated, we can still arrive at some conclusions regarding the overall number of trafficked persons. One low estimate suggests that in 2005, at least 2.4 million people had been trafficked into forced labor situations and approximately 12.3 million people were victims of forced …

Lost In Translation: Linguistic Minorities In The European Union, Nirvana Bhatia

Human Rights & Human Welfare

“A nation without a language is a nation without a soul,” declares a Gaelic proverb. Indubitably, language is a product of national identity; it preserves heritage, reflects societal beliefs and values, and expresses a cultural spirit. The current international human rights regime, however, does not recognize an individual’s right to language choice; instead, it promises freedom from linguistic discrimination. The implications are not quite the same and, as a result, states have successfully repressed minority populations by controlling their language options. The European Union in particular—with its panoply of languages—demonstrates an inconsistent approach toward linguistic minorities; it attempts to promote …

Tibetan Refugees' Rights And Services In India, Claudia Artiles

Human Rights & Human Welfare

The Chinese invasion of Tibet, and the Dalai Lama’s subsequent decision to flee in 1959, resulted in the mass influx of Tibetan refugees into India that continues today. It has become clear to the Indian government, as well as to the Tibetan community in exile, that repatriation is unlikely in the near future. Consequently, an evaluation of India’s protection of, and assistance for Tibetan refugees is necessary to ensure their treatment is in accordance with international standards. Unfortunately, such an assessment shows that there is a lack of proper protections and services; this ought to be of particular concern to …

Untouchability Today: The Rise Of Dalit Activism, Christine Hart

Human Rights & Human Welfare

On July 19, 2010, the Hindustan Times reported that a Dalit (“untouchable”) woman was gang-raped and murdered in the Indian state of Uttar Pradesh. The crime was an act of revenge perpetrated by members of the Sharma family, incensed over the recent elopement of their daughter with a man from the lower-caste Singh family. Seeking retributive justice for the disgrace of the marriage, men from the Sharma family targeted a Dalit woman who, with her husband, worked in the Singh family fields. Her death was the result of her sub-caste status; while the crime cost the Singh family a valuable …

American Muslim Minorities: The New Human Rights Struggle, Ashley Moore

Human Rights & Human Welfare

The ramifications of the attacks of September 11, 2001 are felt throughout the United States. However, no minority community is as deeply affected as the American-Muslim minority. Since the attacks on the World Trade Center, Muslims residing in the United States have experienced violations of economic and political liberties, as well as ongoing social discrimination. Media stereotypes and government legislation continually exacerbate these human rights abuses and entrench institutional, social, and economic discrimination deeper in American society. At the heart of this discrimination are clear misunderstandings about Islam and those who practice the faith. In an effort to combat these …

Combating Discrimination Against The Roma In Europe: Why Current Strategies Aren’T Working And What Can Be Done, Erica Rosenfield

Human Rights & Human Welfare

In the summer of 2010, the forced expulsion of many Roma from Western to Eastern Europe captured headlines and world attention, yet this practice simply represented the latest manifestation of anti-Roma sentiment in Europe. Indeed, the Roma—numbering over ten million across Europe, making them the continent’s largest minority—face discrimination in housing, education, healthcare, employment, and law enforcement; widespread prejudice against this group shows no evidence of receding. There is, however, certainly no shortage of national and supranational policies aiming to promote inclusion and equality for the Roma.