Volume 34 - Issue 3 Fordham International Law Journal

Accountability in International Project Finance: The Equator Principles and the Creation of Third-Party-Beneficiary Status for Project-Affected Communities

The recent emergence of social and environmental standards in the project finance industry (“Industry”) has changed the way most major international financial institutions (“IFIs”) approach project finance. Project finance is a method of financing often used to create large infrastructure projects, in which the borrower is a company specially formed for the creation of the [...]

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Awakening the Sleeping Dragon: The Ever Evolving China Patent Law System and its Implications for Pharmaceutical Patents

Piracy in China has cost IP owners worldwide an estimated US$2.4 billion in 2007 alone. China continues to be one of the world’s largest producers of counterfeit goods, including films, music, software, and pharmaceuticals, the last of which might have the most harmful effects. In fact, China is one of the world’s biggest producers of [...]

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After Guantánamo: Legal Rights of Foreign Detainees Held in the United States

This Note explores whether the current procedures for the detention of foreign nationals at Guantánamo Bay apply on US soil and how the US legal system would absorb foreign nationals detained solely in the United States. Much of the law governing detention and trial in the “war on terror” focuses on Guantánamo detainees. Given the [...]

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Cartels in the European Union: Procedural Fairness for Defendants and Claimants

As the level of fines imposed by the European Commission (“Commission”) for cartel behavior continues to increase, so does the concern regarding the fairness and stability of the procedures used by the Commission to achieve such penalties. The European Union (“EU”) system was developed as an administrative one, without criminal or individual sanctions, but the [...]

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Shareholder Liability for Joint Venture Infringements in the European Union

This Essay argues that this approach is not in line with the fundamental principles underlying the system of European competition law. The 2009 judgment by the Court of Justice (“CJ”) in Akzo Nobel confirms that it is ultimately the fact that a parent company and its infringing subsidiary constitute a single economic unit (a single [...]

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