Fordham International Law Journal

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

List of Papers (Total 442)

Stateless Roma in the European Union: Reconciling the Doctrine of Sovereignty Concerning Nationality Laws with International Agreements to Reduce and Avoid Statelessness

Part I of this Note discusses the historical and legal background of Roma in the EU, as well as the nature of the EU legislation and international agreements that comprise the legal substance of Roma statelessness. Part II examines the doctrine of Member State sovereignty concerning nationality laws and the viewpoint, shared by many scholars and politicians, that this sovereignty ...

Protecting Non-US Citizens from Removal Terminating HIV/AIDS Treatment

Part I of this Note introduces the problem of removal of non-US citizens with HIV/AIDS in the United States to countries where treatment is unavailable, and discusses case law in which the European Court of Human Rights and the Inter-American Commission on Human Rights have recognized a protection from removal that would terminate HIV/AIDS treatment. Part II examines the US ...

The Extraterritorial Reach of Section 10(B): Revisiting Morrison in Light of Dodd-Frank

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 ...

The Alien Tort Claims Act and Corporate Liability: A Threat to the United States

This Note examines the newly-created circuit split between the Second Circuit and the Ninth, and Eleventh Circuits regarding corporate liability. Part I introduces the ATCA, chronicling its transformation from a short provision in the Judiciary Act of 1789 to the weapon of choice employed against international corporations for alleged human rights violations. Part II focuses on the ...

UK v. EU: A Continuous Test Match

This Essay seeks to expose the complexity of the relationship between the United Kingdom (and Ireland, but the main focus will be the UK) and the European Union that resulted from the concessions made to the UK when the treaties of Amsterdam and Lisbon were negotiated: a right not to participate in the adoption and application of EU legislative measures in the field of Justice and ...

The Status in EU Law of International Agreements Concluded by EU Member States

This Essay will, first, provide a general discussion on the status in Union law of agreements concluded by EU Member States. Second, brief discussions will follow on the specific nature of agreements concluded between the Member States inter se as well as on the special status of agreements concluded before the Member State concerned became a member of the Union. Third, the main ...

Can Europe be Democratic? Is it Feasible? It is Necessary? Is the Present Situation Sustainable?

Democracy and democratization at the European level have long been a non-problem. The issues related to democracy after the Second World War were purely national (would Italy and Germany finally be able to build up and consolidate their new democratic systems?) or international (would the Western-type democracies be able to resist and counterweight the Soviet-style Eastern European ...

Can the Enlarged European Union Continue to be that United

Although a tribute to Jean-Claude Piris could easily stretch through the whole spectrum of European Union law-which broadened in part thanks to his active contribution over the twenty-year term when he served as Legal Adviser to the Council of the European Union, the European Council, and several intergovernmental conferences for the reform of the treaties-it is appropriate to ...

The European Union and the Treaty of Lisbon

With this cursory description of the European Council prior to the Treaty of Lisbon, this Essay turns to the major changes produced by that treaty. Space considerations require a limited focus. Part I discusses the impact of the European Council's new status as one of the institutions of the European Union ("EU"). Part II considers its designated power to take by qualified majority ...

Land is Life, Land is Power": Landlessness, Exclusion, and Deprivation in Nepal

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 International Legal Right to Individual Compensation in Nepal and the Transitional Justice Context

Part I of this Note provides a brief political history of Nepal since the mid-eighteenth century; defines the concept of transitional justice; and explores the international law of remedy, reparations, and compensation. Part II focuses on the right to individual compensation in order to determine which human rights violations trigger a state's legal obligation to compensate ...

Taking the Law Seriously: The Imperative Need for a Nuclear Weapons Convention

Jonathan Swift famously said, "Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.

Obama's Nuclear Posture Review: An Ambitious Program for Nuclear Arms Control but a Retreat from the Objective of Nuclear Disarmament

President Barack Obama and US political and policy leaders across the political spectrum have in recent years spoken about the need to eliminate nuclear weapons because of the dangers they pose. In 1970, the United States agreed by Article VI of the Nuclear Non-Proliferation Treaty ("NPT") to negotiate nuclear disarmament in good faith. The International Court of Justice ("ICJ") in ...

Nonproliferation Verification and the Nuclear Test Ban Treaty

President Obama's administration has ushered in a banner period for nuclear issues, and the Comprehensive Nuclear Test-Ban Treaty ("CTBT") has figured prominently among them. In his benchmark April 2009 speech in Prague calling for the elimination of nuclear weapons, President Obama added that his administration would "immediately and aggressively" pursue US ratification of the ...

After Guantánamo: Legal Rights of Foreign Detainees Held in the United States in the "War on Terror

Part I of this Note explores the background of both the Guantánamo detainee problem-i.e., what rights a foreign national detained at Guantánamo has-and the domestic detainee problem-i.e., what rights a foreign national detained on US soil has-that the United States may soon be facing, as well as the development of the law that has left open these legal ambiguities. Part I also ...

In Honor of Roger J. Goebel

International Law Journal are proud to dedicate the second issue of the Journal’s thirty-fourth volume to one of the school’s most distinguished and productive teachers and scholars, Roger J. Goebel, the Alpin J. Cameron Professor of Law and Director of the Center on European Union Law, on the occasion of his seventy-fifth birthday. A native of Indianapolis, Professor Goebel ...

Assessing the Applicability of the Business Judgment Rule and the "Defensive

Since China's accession to the World Trade Organization ("WTO") on November 10, 2001, corporate China has been struggling to dismantle the inefficient management systems formed in the era of the planned economy, and it barely survives under the more competitive market economy environment that began to form in 1978. In order to become stronger, both before and after WTO admission, ...

Working Toward a Legally Enforceable Nuclear Non-Proliferation Regime

The foundation of the international effort to stop the proliferation of nuclear weapons is the Nuclear Non-Proliferation Treaty ("NPT"). This Article proceeds in three parts. Part I proposes a new Nuclear Non-Proliferation Treaty. Part II contains preliminary observations regarding the Security Council, General Assembly and Zanger Committee provisions of the new treaty and then ...