Fordham International Law Journal

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

List of Papers (Total 444)

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 ...

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, ...

"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 ...

Filling the Gaps in Canada's Climate Change Strategy: "All Litigation, All the Time…"?

This Article is organized into five parts. Part I situates Canada’s climate change experience. In Part II, Canada’s regulatory response to climate change and its gaps are positioned within a troubling ongoing federal retreat from the environmental arena that seems to favor resource extraction and export. Parts III to V discuss the possibility for increased human rights-based ...

Where to, Mr. Warbucks?: A Comparative Analysis of the US and UK Investor Visa Programs

Part I discusses the background of the US and UK investor visas by considering the intentions, legislative histories, and relevant immigration schemes of each country’s program. Part II outlines and describes the requirements of each investor visa category and also touches on the alternatives offered under each program. Part III compares the US and UK investor visa programs, ...

Caultron of Unwisdom: The Legislative Offensive on Insidious Foreign Influence in the Third Term of President Vladimir V. Putin, and ICCPR Recourse for Affect Civil Advocates

Part I discusses Russian and international statutory law. It briefly outlines the structure of the government of the Russian Federation and discusses relevant articles of its Constitution. It then illustrates the legislative trend in question by discussing select legislation passed and proposed during President Putin’s third term that seeks to restrict non-Russian influence in ...

"Europe Isn't Working in Europe": Reform and Modernisation of the European Welfare State in the Wake of the Economic Crisis

The first section analyses the European commitment to a welfare state in the light of the creation of an Internal Market and the economic crisis. The second section addresses how the EU has set about the reform and modernisation of public finances in response to the economic crisis. The third part analyses how the EU is balancing a modernisation agenda of reforming public services ...

EU External Relations: Exclusive Competence Revisited

This Article will focus on the question of exclusive competence in the field of EU external relations, especially in the light of recent developments. After a brief discussion on the origins and development of exclusive competence, a distinction will be made between common commercial policy, which has traditionally been the most important area of an explicit “a priori” exclusive ...

The European Union and the United Nations Convention on the Law of the Sea

This Essay comments on EU participation in UNCLOS and its implementation. It addresses first the nature of the EU as a contracting party and outlines the modalities for its participation. It then reviews the international implementation of the UNCLOS obligations and the implementation/status of the Convention under EU law.

Transfer Pricing Rules and State Aid

The purpose of this Essay is to place in context the four investigations currently open in relation to tax rulings on transfer pricing and to explore the manner in which proceedings of this kind may serve to correct abuses in international taxation practice.

The Crisis Response in Europe's Economic and Monetary Union: Overview of Legal Developments

Writing about developments in Europe’s Economic and Monetary Union (“EMU”) at this juncture in time is a bold endeavour and a hazardous undertaking. ‘Bold’ because the developments are manifold, highly technical in nature and deeply contested among the players and the public—between Greeks and Germans, between mainstream political parties and (emerging) parties taking a different ...

EU Fundamental Rights and Member State Action After Lisbon: Putting the ECJ's Case Law in its Context

Early in 2013, the Court of Justice of the European Union (“ECJ”) handed down two judgments on the same day which might contain the blueprint for the fundamental rights architecture of the European Union (“EU”) for years to come. Much has already been written about those judgments, and it appears appropriate at this time to evaluate their impact in light of their reception and ...

Not "Fit

Part I will examine past and present attitudes regarding obesity in US society and will discuss the employment challenges obese individuals face because of weight discrimination. Further, Part I will survey US statutory laws at the federal, state, and local levels that currently protect against particular instances of weight discrimination. In sum, this Part aims to provide the ...

Bringing in a New Scale: Proposing a Global Metric of Internet Censorship

Part I of this Note provides an overview of Internet censorship and international law, including the different approaches and theories behind Internet censorship. Part I.A discusses the development of the ICCPR and its application to the Internet. Next, Part I.B-D provides an in-depth overview of the Internet censorship models of three different countries: the United States, the ...

The Effect of the United Nations Convention Against Torture on the Scope of Habeas Review in the Context of International Extradition

This Note considers the law underlying the question addressed in Trinidad: can habeas courts review an extraditee’s Article Three claims? In turn, this Note considers how courts should interpret the CAT in the extradition context. Part I explores the important conceptual components of the question posed in Trinidad,including US extradition practice, habeas petitions in extradition ...

Ending Female Genital Mutilation & Child Marriage in Tanzania

This Article analyzes the current practices of FGM and child marriage in Tanzania and makes a number of recommendations for eliminating these severe human rights violations. Part I identifies the relevant forms of gender-based violence and discusses how they are practiced and related. Part II addresses applicable international and domestic legal authority, identifying potential ...

The Pen and the Sword: Legal Justifications for the United States’ Engagement Against the Islamic State of Iraq and Syria (ISIS)

Part I of this Comment will lay out the potential arguments the United States could make to justify its engagement against ISIS under international law, jus ad bellum. This Part will also present existing commentary on the strengths and weaknesses of the available legal justifications. Part II will lay out the legal justifications under US law and discuss their nexus to the United ...

Civil Society Contributions to Inclusive Climate Cooperation

Engagement among States and decentralized, creative problem solvers can enhance the requisite cooperation to pick up the pace of solution implementation to match the rate of climate change. Global organizing capability, information sharing and innovation have enmeshed governments and civil society into new governance relationships. Technology has facilitated this process for many, ...