Volume 34 - Issue 1 - Twenty-First Annual Philip D. Reed Memorial Issue Fordham International Law Journal

Assessing the Applicability of the Business Judgment Rule and the “Defensive” Business Judgment Rule in the Chinese Judiciary: A Perspective on Takeover Dispute Adjudication

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, barely surviving under the more competitive market economy environment that began to form in 1978. In order to become stronger, both before and [...]

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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 addresses [...]

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Casting a Cold Eye on the Origins and Development of an All-Island Charter of Rights

One of the most striking outcomes of the Good Friday/Belfast Agreement (“Agreement”) was the extent to which the establishment of human rights institutions and mechanisms was brought center-stage into the shaping of the political settlement. The dynamic talks process that led to the signing of the Agreement resulted in an extensive range of obligations in [...]

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Criteria Developed by the European Court of Human Rights on the Dissolution of Political Parties

While there seems to be a consensus that political parties remain the sine qua non of western democracies, the question of under which conditions political parties could be dissolved has also been gaining significance in European human rights law since the 1990s. An overall assessment of the cases decided by the European Court of Human [...]

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Peacekeepers: Will They Advance Any Prospective Arab-Israeli Peace Agreement?

The establishment of a peacekeeping force is widely accepted to be an essential part of any future Israeli-Palestinian peace accord. The final status settlement proposed by the Clinton Administration specified “[s]security arrangements that would be built around an international presence.” However, while the need for a peacekeeping force appears to enjoy broad support, it should [...]

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