Fordham International Law Journal

http://ir.lawnet.fordham.edu/ilj/

List of Papers (Total 444)

The Just War Tradition and Natural Law

This Essay is divided into three parts. First, it briefly discusses Augustine on the notion of a "naturalistic morality

The Security Council As "Global Legislator": Ultra Vires or Ultra Innovative?

This Article begins by taking a closer look at the two Security Council resolutions at the center of this debate: Resolution 1373 and Resolution 1540. It argues that they make pragmatic sense as necessary responses by the Security Council to address urgent, global threats. Further, it explains how they serve to fill the existing gaps in international law, which, if not addressed, ...

The Garden

An essay about the importance of human rights in American foreign policy, framed through the work of Thomas Jefferson. Inspired by the author’s visit to the Jefferson Memorial and the American garden in Washington D.C.

The International Criminal Court: A New and Necessary Institution Meriting Continued International Support

This Article highlights some of the key features of the ICC, and concludes by outlining the support it will need in striving to create a world in which devastating actions are properly addressed and punished. Part I of this Note describes the history of the ICC. Part II discusses the crimes within the Court's jurisdiction. Part III further discusses jurisdiction. Part IV reviews ...

Universal Jurisdiction In Abstentia

The purpose of this Article is to provide some clarification of universal jurisdiction in absentia. It begins with a brief overview of the state of international law on the issue, centering on the decision of the minority judges who treated it in the Arrest Warrant decision, and discuss the applicable principles of international law, international treaties, and custom. It then ...

The Development of Human Rights in the United Kingdom

There are two myths about the United Kingdom. The first is that we do not have a constitution and did not have any human rights law until very recently. The second myth, very much tied to the first, is that human rights is a new topic. I find that most law students seem to think that they alone have thought about fundamental human rights and that the rest of the world knows nothing ...

The European Convention on Human Rights and Counter-Terrorism

No part of the world has more experience with terrorism than Europe. The response of the Council of Europe through the jurisprudence of the European Court of Human Rights to its experience of terrorism may therefore assist in the ongoing battle against terrorism. The European Convention reflects in many ways libertarian political and cultural values shared with the United States. ...

Homeless for Generations: Land Rights for the Chocoe Indians from Mogue, Panama

Vaporiso knew that the lack of land ownership in his tribe was a great part of the Chocoes

The United Nations and the Law of War: Power and Sensibility in International Law

This article serves as an introduction to the articles that follow, which examine questions of power and sensibility in four discrete ways. They look variously at the moral limits of international law, the extent to which power has been delegated to or asserted by the U.N. Security Council, the successes and failures of efforts at international criminal prosecution, and the ...

Islam and the Challenge of Democratic Commitment

The author questions whether concurrent and simultaneous moral and normative commitments to Islam and to a democratic form of government are reconcilable or mutually exclusive. The author will argue in this Article that it is indeed possible to reconcile Islam with a commitment in favor of democracy. The author will then present a systematic exploration of Islamic theology and law ...

WTO Dispute Settlement and Competition Law: Views from the Perspective of the Appellate Body's Experience

This Article explores the extent to which the dispute settlement system of the WTO would be suitable in resolving competition-related cases. It first recalls that under existing trade rules, national competition law and practice are not exempt from, but rather subject to, the application of the dispute settlement system. Both competition laws as such and their application in ...

Adjudicating Disappearance Cases in Turkey: An Argument for Adopting the Inter-American Court of Human Rights

This Note examines the different approaches of the European and Inter-American Courts in assessing state liability for a violation of the right to life in disappearance cases. Part I discusses the phenomenon of disappearances. It also provides background on the European and Inter-American systems of human rights as well as on the concept of the right to life in the Convention for ...

U.S. Mutual Assistance to Colombia: Vague Promises and Diminishing Returns

This Article addresses mutual assistance between the United States and Colombia and the issues surrounding the drug war. Part I examines past and present cooperative agreements, the goals of the agreements in the context of national and regional security, and the reasons the agreements have or have not succeeded. Part II discusses current U.S. aid policy toward Colombia and the ...

Genocide, War Crimes, Crimes Against Humanity

This article examines such violations of international human rights as genocide, war crimes, and crimes against humanity. In Part I, the author explores the nature and uniqueness of these crimes. In Part II, the author suggests possible courses of action the international community can take and improvements that can be made in response. Finally, Part III analyzes methods of ...

One Country, Two Legal Systems?

From May 31 to June 13, 1999, the Joseph R. Crowley Program in International Human Rights (or “delegation”) conducted a mission in Hong Kong in conjunction with the Committee on International Human Rights of the Association of the Bar of the City of New York (‘Association‘ or ‘ABCNY ‘). The purpose of the mission was to examine the status of the rule of law in Hong Kong two years ...

Economic and Monetary Union in Europe: Legal Implications of the Arrival of the Single Currency

Part I of this Article presents an overview of EMU, addressing first the Member States that will participate in EMU from the outset and how they were chosen, as well as the new institutions that will guide and support EMU. This Article will then focus on the EU regulations that provide the legal framework for EMU, analyzing issues in the regulations of particular legal interest. ...

The Transformative Potential of a Secondary Market: Emerging Markets Debt Trading from 1983 to 1989

This Article chronicles the evolution of the secondary market in the debt of less developed countries, now known as Emerging Markets, in its first six years of development. The secondary market was important because it provided the debt for use in debt-equity swaps and debt buy-backs and facilitated portfolio adjustment by banks and other measures that helped to lessen the burdens ...

European Community Antitrust Law: Innovation Markets and High Technology Industries

This Article considers how far high technology industries give rise to Community antitrust law questions that are new and limited to or characteristic of those industries. Originally, this Article was to discuss the Community antitrust law experience of the issues raised at the U.S. Federal Trade Commission ("FTC") hearings and in the FTC report on innovation competition ("FTC ...

Dedication to Ole Due

It is a great pleasure for me to write a few words in tribute to my former colleague and friend Ole Due. Over the past three decades, as a civil servant, a teacher, a judge, and President of the EC Court of Justice, Ole Due has strived and succeeded in making a substantial and valuable contribution to the development and understanding of European Community law.

Who Will Guard the Guardians?

Introduction: In the former Yugoslavia, in certain parts of the former Soviet empire, in Sri Lanka, in India and in Nigeria and, of course, in the Middle East blood continues to flow. One only has to look at Bosnia: in the past the soldiers of Radovan Karadzic amused themselves by ridiculing the Blue Berets - the United Nations peacekeepers. Why not admit it? We have simply failed ...

Refugees and Their Human Rights

This Introduction discusses the state of refugees in international law.