GAINING THE CONSENT OF THE GOVERNED: A PREREQUISITE TO PEACE IN NORTHERN IRELAND

This address asserts that in seeking to resolve the political dilemma of Northern Ireland, the lesson of the U.S. Constitution is particularly relevant. The root of the political conflict in Northern Ireland is that, unlike in America, no consensus exists as to fundamental constitutional principles or the idea that the source of political authority is Read More …

FRANCISCO SU´AREZ: ON PREACHING THE GOSPEL TO PEOPLE LIKE THE AMERICAN INDIANS

In this Article, I will trace Su´arez’s thoughts on the natural equality of all men as well as the natural character and equality of their republics. Then, in a context of natural law and the limits of state power, I will consider Su´arez’s positions on the jus gentium (law of nations) and war. Next, I Read More …

FOREIGN COMPANIES AND U.S. SECURITIES MARKETS IN A TIME OF ECONOMIC TRANSFORMATION

I was very grateful to have the invitation to participate in this program. I had the great pleasure several times as Chairman of the Securities and Exchange Commission (“SEC”) to come to Fordham Law School to participate in colloquia on various subjects relating to the evolution of the securities laws and world capital markets. Fordham Read More …

FORCED PROSTITUTION: NAMING AN INTERNATIONAL OFFENSE

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 …

FIRST ANNUAL PHILIP D. REED MEMORIAL ISSUE

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 …

FEDERALISM IN THE EUROPEAN COMMUNITY AND THE UNITED STATES: A ROSE BY ANY OTHER NAME

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 …

EUROPEAN MERGER CONTROL: THE EMERGING ADMINISTRATIVE PRACTICE OF THE EC COMMISSION

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 …

ETHICS AND INTERNATIONAL PRACTICE: A GUIDE TO THE PROFESSIONAL RESPONSIBILITIES OF PRACTITIONERS

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 …

ETHAN A. NADELMANN, COPS ACROSS BORDERS: THE INTERNATIONALIZATION OF U.S. CRIMINAL LAW ENFORCEMENT

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 …

EEC COMPETITON PRACTICE: A THIRTY-YEAR RETROSPECTIVE

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 …