Journal•ISSN: 0747-9395
Fordham International Law Journal
Fordham University School of Law
About: Fordham International Law Journal is an academic journal. The journal publishes majorly in the area(s): International law & Human rights. It has an ISSN identifier of 0747-9395. Over the lifetime, 1213 publications have been published receiving 8422 citations.
Papers published on a yearly basis
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TL;DR: Busch and Reinhardt as discussed by the authors summarized the quantitative evidence on the pattern of escalation and outcomes of more than 600 GATT/WTO disputes from 1948 through 1999 and discussed the theory of settlement bargaining within the context of an institution lacking enforcement power.
Abstract: This Essay proceeds in four steps. Part I summarizes the quantitative evidence on the pattern of escalation and outcomes of more than 600 GATT/WTO disputes from 1948 through 1999. Part II elaborates on our theory of settlement bargaining within the context of an institution lacking enforcement power and shows how the hypotheses are consistent with the evidence introduced earlier. Part III discusses the theory’s expectations regarding the effect of the 1989 and 1995 dispute settlement reforms and likewise compares those predictions with the evidence. Part IV highlights the implications of our perspective for proposed future reforms dealing with transparency and developing country participation BARGAINING IN THE SHADOW OF THE LAW: EARLY SETTLEMENT IN GATT/WTO DISPUTES Marc L. Busch* & Eric Reinhardt**
205 citations
TL;DR: The connection between international prosecutions and the actual deterrence of future atrocities is at best a plausible but largely untested assumption as discussed by the authors, and actual experience with efforts at deterrence is not encouraging. Before placing too much reliance on deterrence as a basis for supporting international criminal prosecutions, especially over possible alternatives such as truth and reconciliation commissions, we ought at least to consider carefully the obstacles to achieving effective deterrence.
Abstract: Unfortunately, the connection between international prosecutions and the actual deterrence of future atrocities is at best a plausible but largely untested assumption. Actual experience with efforts at deterrence is not encouraging. Before placing too much reliance on deterrence as a basis for supporting international criminal prosecutions, especially over possible alternatives such as truth and reconciliation commissions, we ought at least to consider carefully the obstacles to achieving effective deterrence. ATROCITIES, DETERRENCE, AND THE LIMITS OF INTERNATIONAL JUSTICE
101 citations
Journal Article•
TL;DR: In this article, the authors present an assessment of what has been done so far, what future developments are useful or required, and what kind of mechanisms might successfully be employed in achieving those goals.
Abstract: This Article “audits” Northern Ireland’s discrete mechanisms for dealing with the past, with a view to exploring the wider transitional justice debates. An assessment of what has been done so far is vital to considering what the goals of addressing the past might be, what future developments are useful or required, and what kind of mechanisms might successfully be employed in achieving those goals. DEALING WITH THE PAST IN NORTHERN IRELAND
99 citations
Journal Article•
TL;DR: In this article, the authors present some reflections concerning the Draft Treaty establishing a Constitution for Europe (the Draft Treaty) which was approved by the European Council on September 28, 2004 and formally signed in Rome on October 29, 2004, and is presently in the process of ratification by the twenty-five Member States of the European Union (“EU”).
Abstract: This Article contains some reflections concerning the Draft Treaty establishing a Constitution for Europe (“the Draft Treaty”), which was approved by the European Council on September 28, 2004 and formally signed in Rome on October 29, 2004. At the time of writing in early 2005, it is presently in the process of ratification by the twenty-five Member States of the European Union (“EU”). The Article is primarily concerned with the extent to which the Treaty is a constitution, and its merits and demerits as such. It does not go in any depth into the political desirability of some of the changes made by the Treaty. THE TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
90 citations
Journal Article•
TL;DR: This article contains the Ninth John Whyte Memorial Lecture which discusses the Multi-Party Negotiations, also known as the British-Irish agreement, which aimed to formalize the end of "The Troubles" in Ireland.
Abstract: This article contains the Ninth John Whyte Memorial Lecture which discusses the Multi-Party Negotiations, also known as the British-Irish agreement, which aimed to formalize the end of “The Troubles” in Ireland. THE NATURE OF THE AGREEMENT*
79 citations