Fordham International Law Journal

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

List of Papers (Total 614)

Does Every Cloud Have a Silver Lining?: Brexit, Repeal of the Human Rights Act and the Northern Ireland Bill of Rights

Following the Brexit referendum in the United Kingdom and the Conservative’s plans to replace the Human Rights Act with a British Bill of Rights, this article argues that this is an opportunity to re-open the debate on how best to address the current political stalemate on a Northern Ireland Bill of Rights, an unfulfilled element of the Belfast/Good Friday Agreement. We argue that ...

The Origins of Argentina's Litigation and Arbitration Saga, 2002-2016

The voluminous and protracted litigation and arbitration saga featuring the Republic of Argentina (mostly as defendant or respondent, respectively) established important legal and arbitral precedents, as illustrated by three cases involving Argentina which were appealed all the way up to the US Supreme Court and were settled in 2014. At first glance, the scale of Argentina-related ...

The External Dimension of EU Investment Law: Jurisdictional Clashes and Transformative Adjudication

EU trade and investment policy is in flux. The rate at which the global trade and investment architecture is evolving through the mega-regional Free Trade Agreements (“FTAs”) is unprecedented. In this context, we explain how European lawyers and trade negotiators are addressing the newly acquired investment competence, while at the same time reforming investment arbitration and ...

Class Actions in International Commercial Arbitration

This Article attempts to contribute to the study of international class arbitrations by providing a clear framework for discussion, an explanation of the current status, and a description of the challenges facing the development of class actions in the field of international commercial arbitration. As international arbitration is a system praised for offering a predictable and ...

A Postal Code Lottery: Unequal Access to Abortion Services in the United States and Northern Ireland

This Note argues that one’s postal code, or where one lives within the United States or in Northern Ireland, should not negatively impact a woman’s access to safe abortion services. This Note will examine abortion-related jurisprudence in the United States and Northern Ireland and will make recommendations for the ways in which access to abortion services can be legally improved. ...

Chinese Gift-Giving, Anti-Corruption Law, and the Rule of Law and Virtue

This Article addresses the question of whether virtuous giftgiving in China can be used in the fight against corruption. Giftgiving, ubiquitous in Chinese familial, business, and official practices, has been under fire by both laws outside and within China.

A Wolf in Sheep's Clothing? Transitional Justice and the Effacement of State Accountability for International Crimes

If international atrocity crimes are acts so egregious that their impunity cannot be legally tolerated, why don’t we punish States that commit them? The rise of international criminal law is celebrated as an achievement of the international rule of law, yet its advance effectively may come at the expense of holding States accountable for their role in mass violence. Transitional ...

Austerity and Human Rights Law: Towards a Rights-Based Approach to Austerity Policy, a Case Study of Greece

This Note analyzes the legal framework for the protection of the right to work under national and international laws, and the limitations for Greece regarding the implementation of austerity measures that result in causing retrogression in the enjoyment of this right. Part I discusses the background of the Greek financial crisis, the financial assistance mechanisms and the adopted ...

The End of Law: The ISIL Case Study for a Comprehensive Theory of Lawlessness

This Article has five parts. Part I sets out and adopts the basic premises of the jurisprudential perspective championed by Professor Reisman and sketches his argument that legal solutions can always be fashioned in a meaningful and realistic manner. Part II discusses the development of ISIL in the Middle East. Part III analyzes the lawlessness problem created by ISIL for the ...

An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014

This Article identifies and organizes the circumstances in which national courts play a role in international commercial arbitrations— border crossings. It then records and analyzes empirical data of these border crossings in cases filed in a key national court for international arbitration-related litigation: the US District Court for the Southern District of New York. Data were ...

Criminal Records and Immigration: Comparing the United States and the European Union

Because the revolution in information technology has made individual criminal history records more comprehensive, efficient, and retrievable, an individual’s criminal history has become an ever more crucial marker of character and public identity. The broad range of collateral consequences of criminal convictions has become a very salient issue for criminal justice scholars and ...

"Gatting

In a previous paper, Trading Up Kyoto: A Proposal for Amending the Protocol, I argued that not only do international trade rules, specifically the operation of the World Trade Organization ("WTO") agreements, hinder international climate change treaty negotiations, but also that applying exceptions to circumvent trade rules is doctrinally difficult and normatively unsettling, ...

The (Inter)natioanl Strategy: An Ivory Trade Ban in the United States and China

This Note argues that a near-complete ban in ivory trade not only raises difficult domestic legal issues, but also does little to stop elephant poaching in Africa. Further, enacting a similar ban in China is not only unrealistic, but also would increase the illegal trade and, therefore, the slaughter of elephants in Africa. Part I explains the history of illegal ivory trade and ...

"One Exam Determines One's Life": The 2014 Reforms to the Chinese National College Entrance Exam

This Note first outlines the history of the hukou system in China before and after the major economic reform of 1978. Second, this Note outlines the specific institutional barriers that migrant children face when accessing compulsory, secondary, and tertiary education, with a specific focus on the hukou system. Third, this Note analyzes the goals and content of China’s State ...

Environmental Justice Reimagined Through Human Security and Post-Modern Ecological Feminism: A Neglected Perspective on Climate Change

The modern feminist and environmental movements were given birth in the same decade, and both reached a critical developmental stage in the 1980s. The full extent of their relevance to each other was briefly explored in the 1990s in very limited legal literature, consisting primarily of three articles that began to explore the concept of ecological feminism, or “ecofeminism.” Since ...