Fordham International Law Journal

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

List of Papers (Total 629)

An International Legal Framework for SE4All: Human Rights and Sustainable Development Law Imperatives

This Article examines the genesis and context of SE4All, placing the effort within both its historical and international policy contexts. It highlights the voluntary nature of the initiative and argues that its effective implementation and the achievement of its goals require the articulation of an applicable international legal framework that aids the transformation of SE4All’s...

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...

Who Owns the Scythian Gold? The Legal and Moral Implications of Ukraine and Crimea's Cultural Dispute

This Note analyzes respective legal arguments that Ukraine and the Crimean museums can make to prove ownership of the objects. Part I establishes several elements key to the subsequent discussion, including the political and historical background of this dispute, the relevant laws on a national and international level, and the role of ethics and morality in the field of cultural...

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...

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.

Private Parties and the Free Movement of Goods: Responsible, Irresponsible, or a Lack of Principles?

Whether the free movement of goods provisions in EU law apply to the acts of private parties has long been the subject of discussion in the literature, although for many years the discussion was rather inactive. However, because of developments in the case-law of the European Court of Justice on the other freedoms, the question of the extent to which actions of private parties...

Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue: Autonomy or Autarky

This Essay joins the chorus of criticism, but also aims to deepen some of the analysis, as well as focusing it on wider questions of judicial dialogue and autonomy. Where relevant for the purpose of its critique, the Essay also refers to the View of Advocate General Kokott, which is generally much more positive in tone—even if it also finds fault with some of the provisions of...

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...

Worst Decision of the EU Court of Justice: The Alrosa Judgment in Context and the Future of Commitment Decisions

This Article details the evolution of the commitment decisions, analyzes the logic and the consequences of the Alrosa Court judgment, and offers some suggestions on how to establish a better equilibrium between the legitimate objective of promoting the effectiveness of the Commission by allowing it enough flexibility to end cases when competition could be restored rapidly and...

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...

Soziale Kompetenz: A Comparative Examination of the Social-Cognitive Processes that Underlie Legal Definitions of Mental Competency in the United States, Germany, and Japan

Part I of this Article will examine plain-text selections of legal language concerning mental competency from the constitutions, codes, or relevant decisions by the highest national courts, of three countries: the United States, Germany, and Japan. As three of the biggest economic powers on the planet, these countries merit consideration not just for their contrasting cultural...

Sex and the Shari’a: Defining Gender Norms and Sexual Deviancy in Shi’i Islam

This Article demonstrates that modern authoritative jurists working within the Shi’i tradition have developed their rules respecting sex regulation in order to serve three primary commitments. The first commitment is less a normative expectation and more a presumption of reality. It is that there is an intense and near debilitating desire on the part of human beings generally...

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...

Data Gathering and Analysis: The Anatomy of a Merger Investigation in Europe

Ever since the early days of European merger control, the European Commission (“Commission”) has relied heavily on information provided by the notifying parties and by relevant third parties in carrying out its review of concentrations. More recently, the Commission has added economic analyses and market surveys, as well as the review of internal documents, as major elements...