Month: January 2025

This paper presents an argument for recognizing “forced prostitution” as an international offense in its own right for which the procurers, brothel owners and managers, and financiers as well as the women’s customers can be held criminally liable. While the international debate has attempted to characterize forced prostitution as slavery, the term ”slavery” fails to Read More …

Philip Dunham Reed, to whose memory this inaugural issue of Volume 14 of the Fordham International Law Journal is dedicated, was a leading industrialist, patent attorney and international corporate executive during the great epochal periods of this century: the boom of the twenties, the Great Depression, World War II, and the post-war reconstruction. John D. Read More …

The general progress of the Community toward increased “federalism” seems as persistent and steady as it once was in the United States. That the Community elected another starting point, and at times seems to travel a far different road, does not mean that the final destination is different as well. Compare, for example, “federalism” in Read More …

This Article examines the European Community Council Regulation No. 4064/89 which entered into force in September 1990. The focus of the Commission’s activity has been on the definition of a concentration pursuant to article 3 and on the substantive appraisal of concentrations pursuant to article 2. On the basis of the decisions issued within the Read More …

Taking some typical international practice situations, we can highlight the basic professional competence questions posed: (1) ABC Company, located in California, wants to establish a manufacturing facility in Mexico, (2) ABC asks a lawyer to draft a sales agency agreement that it will use in dealing with a French distributor. The lawyer has previously prepared Read More …

This book review asserts that Cops Across Borders: The Internationalization of U.S. Criminal Law Enforcement (”Cops Across Borders”) is the first book to attempt a systematic analysis of the role that the United States has played in the field of international law enforcement. For that reason, the book represents a major step forward in understanding Read More …

The choice in this Article is to focus on a limited number of points, and then to offer some general conclusions. The plan is to move as much as possible on a chronological basis, starting with the early confrontation in 1962 with the notification process under Regulation 17 and arriving at Council Regulation No. 4064/89 Read More …

The main purpose of this paper is to critically analyze the “Notice on cooperation between national courts and the Commission in applying Articles 85 and 86 of the EEC Treaty” (the “Notice”), which the Commission of the European Community (the “Commission”) published in 1993. Among the topics covered by the Notice the following deserve a Read More …

Recent pronouncements of the courts and policymakers of the European Community and the United States underscore converging trends and standards in antitrust enforcement. Economic regulators on both sides of the Atlantic seek more vigorous enforcement abroad in order to make their antitrust laws meaningful and effective at home. Yet this movement toward extraterritorial enforcement often Read More …

This Note argues that the Third Circuit’s definition for unpermitted national origin discrimination best balances the purposes of the FCN Treaty and Title VII, and that U.S. courts should focus on factors such as visa status and differential treatment of executives in applying this definition. Part I discusses the interaction of the FCN Treaty with Read More …