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Articles 31 - 60 of 183
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Aiming Straight: The Use Of Indigenous Customary Law To Protect Traditional Cultural Expressions, Meghana Raorane
Aiming Straight: The Use Of Indigenous Customary Law To Protect Traditional Cultural Expressions, Meghana Raorane
Washington International Law Journal
Globalization has led to the propagation of traditional cultural expressions of indigenous peoples outside their communities. Consequently, the question of how these expressions should be protected has acquired heightened significance. Commentators have proposed using existing intellectual property regimes and sui generis solutions. This Comment advocates a third solution, the use of indigenous customary laws of indigenous peoples to protect their particular traditional cultural expressions. Indigenous customary laws ensure effective protection of the traditional cultural expressions of indigenous peoples. The assumption that existing intellectual property regimes provide the only available protection is erroneous and constrains the development of effective solutions. Western …
Breaking Down Barriers To U.S. Investment In Vietnam's Real Estate Market, Stephanie L. Strike
Breaking Down Barriers To U.S. Investment In Vietnam's Real Estate Market, Stephanie L. Strike
Washington International Law Journal
Despite great progress in Vietnam’s general investment environment, barriers exist which impede U.S. investment in Vietnam’s real estate market. While Vietnam remains a socialist country, drastic liberalization of its market structure and investment laws have made Vietnam a more attractive environment for most U.S. investors. However, barriers remain for U.S. investors seeking to invest in Vietnam’s real estate, specifically property developers wishing to build tourism complexes. These barriers include weak transportation infrastructure, financial and humanitarian issues posed by site clearance, and lack of accountability in the real estate licensing system. To facilitate U.S. investment in Vietnam’s real estate, Vietnam should …
Religious Freedom And Human Rights In South Africa After 1996: Responses And Challenges, Cornel W. Du Toit
Religious Freedom And Human Rights In South Africa After 1996: Responses And Challenges, Cornel W. Du Toit
BYU Law Review
No abstract provided.
Religious Freedom And Democratic Change In Spain, Javier Martinez-Torron
Religious Freedom And Democratic Change In Spain, Javier Martinez-Torron
BYU Law Review
No abstract provided.
A Sociological Approach To The Negotiation Of Military Base Agreements, Ryan M. Scoville
A Sociological Approach To The Negotiation Of Military Base Agreements, Ryan M. Scoville
University of Miami International and Comparative Law Review
The United States is involved in a substantial reconfiguration of its overseas military bases that requires negotiating new base agreements with prospective host nations and amending old agreements with others. U.S. officials must grapple with the effects of anti-base social movements during this process. However, if history is any indication, these officials are unlikely to succeed fully. Both the United States's historical approach and much of the relevant scholarship on military bases underemphasize an important issue in the negotiation of base agreements: the domestic political contexts of host nations. Borrowing from social movements theory, this Article argues that the United …
Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle
Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle
Indiana Journal of Global Legal Studies
In this article, I describe and analyze three principles of First Amendment doctrine. First, the Establishment Clause generally forbids governmental expression that has the purpose or effect of promoting or endorsing religion. Second, and conversely, private religious expression is broadly defined and is strongly protected by the Free Speech Clause. Third, as an implicit exception to the first principle, the government itself is sometimes permitted to engage in expression that seemingly does promote and endorse religion, but only when the expression is noncoercive, nonsectarian, and embedded within (or at least in harmony with) longstanding historical tradition. Comparing these three principles …
Laïcité In The United States Or The Separation Of Church And State In Pluralist Society, Elisabeth Zoller
Laïcité In The United States Or The Separation Of Church And State In Pluralist Society, Elisabeth Zoller
Indiana Journal of Global Legal Studies
No abstract provided.
The Minuteman Project, Gone In A Minute Or Here To Stay? The Origin, History And Future Of Citizen Activism On The United States-Mexico Border, Peter Yoxall
University of Miami Inter-American Law Review
No abstract provided.
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens
University of Miami International and Comparative Law Review
No abstract provided.
Foreign Direct Investment Success In Ireland: Can Poland Duplicate Ireland's Economic Success Based On Foreign Direct Investment Policies?, Michael Mikiciuk
Foreign Direct Investment Success In Ireland: Can Poland Duplicate Ireland's Economic Success Based On Foreign Direct Investment Policies?, Michael Mikiciuk
University of Miami International and Comparative Law Review
No abstract provided.
Comparing Religions, Legally, Winnifred Fallers Sullivan
Comparing Religions, Legally, Winnifred Fallers Sullivan
Washington and Lee Law Review
No abstract provided.
The President Refuses To Cohabit: Semi-Presidentialism In Taiwan, Thomas Weishing Huang
The President Refuses To Cohabit: Semi-Presidentialism In Taiwan, Thomas Weishing Huang
Washington International Law Journal
French constitutional practices suggest that cohabitation between the president and the prime minister, where the latter is the leader of the opposition majority in parliament, creates a workable governmental relationship. Taiwan’s constitutional practice indicates, however, that a minority government, although it does not command the majority in parliament, may nevertheless survive if the system of semipresidentialism is flawed. Instead of having the flexibility to change the government whenever it loses the confidence of parliament, minority governments under semipresidentialism in Taiwan exhibit all the rigidity created by gridlock between the executive and the legislature. This gridlock is caused by fixed terms …
Judicial Intervention In International Arbitration: A Comparative Study Of The Scope Of The New York Convention In U.S. And Chinese Courts, Jian Zhou
Washington International Law Journal
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been praised as one of the most efficient and powerful multilateral legal instruments in promoting international commercial arbitration. The implementation of the Convention, however, depends heavily on the domestic legal mechanisms of contracting states. By strategically adjusting its scope, local courts may expand or limit the benefits of the Convention in a significant way. The comparison between the practices of United States and Chinese courts present two extreme examples of this scope issue. There is considerable room to improve the domestic implementation of the Convention in …
China International Economic Trade Arbitration Commission In 2006: New Rules, Same Results?, Benjamin O. Kostrzewa
China International Economic Trade Arbitration Commission In 2006: New Rules, Same Results?, Benjamin O. Kostrzewa
Washington International Law Journal
In May of 2005, the China International Economic Trade Arbitration Commission (“CIETAC”) was updated with new rules designed to bring it into conformity with international arbitration standards. The rules were the most recent efforts by the Chinese government to provide foreign companies with an alternative to the Chinese judiciary, which is often considered parochial, unsophisticated, and unable to handle modern business conflicts. The new rules cure many of the problems associated with arbitration in China and have created a predominantly fair and professional dispute resolution forum. Currently, CIETAC suffers more from award collection problems rather than problems in its rules …
To Charge Or Not To Charge, That Is Discretion: The Problem Of Prosecutorial Discretion In Chile, And Japan's Solution, Kirtland C. Marsh
To Charge Or Not To Charge, That Is Discretion: The Problem Of Prosecutorial Discretion In Chile, And Japan's Solution, Kirtland C. Marsh
Washington International Law Journal
Chile’s recent criminal procedure reform is an ambitious program to bring greater transparency, fairness, and effectiveness to the country’s legal system. However, the success of the reform is not assured. To a great extent, the reform’s success will depend on the new national Office of the Public Prosecutor’s ability to enforce laws and direct law enforcement within the confines of the new system. Prosecutors must balance the interests of the Chilean public’s demands for order and convictions with the reform’s underlying principles of impartiality and enhanced rights for defendants. If prosecutors resort to the excesses used by investigating judges under …
Genetically Modified Crops In The Philippines: Can Existing Biosafety Regulations Adequately Protect The Environment?, Christina L. Richmond
Genetically Modified Crops In The Philippines: Can Existing Biosafety Regulations Adequately Protect The Environment?, Christina L. Richmond
Washington International Law Journal
Global concern persists about the use of genetically modified crops (“GM crops”). This concern originates from the divergent perspectives of nations with a stake in either the production or consumption of GM crops. Proponents of GM crops in developing countries claim that the crops could increase food supply by improving plant resistance to pesticides, thereby alleviating the need for farmers to purchase chemicals that are frequently expensive or unavailable. However, many organizations and countries are hesitant or outright opposed to GM crops, particularly regarding their potentially undesirable ecological and agricultural consequences. As one of the first Asian nations to approve …
Trading The People's Homes For The People's Olympics: The Property Regime In China, Theresa H. Wang
Trading The People's Homes For The People's Olympics: The Property Regime In China, Theresa H. Wang
Washington International Law Journal
China is under increasing international scrutiny as the country’s economic growth launches the previously isolated nation onto the world stage. As the national wealth increases at a record rate, the government is constantly modifying strategies to ensure its economic stability. In response to this nearly unmanageable growth, entire Chinese cities are remodeled and progressively more privatized, while urban dwellers are evicted from their homes in the name of economic development. These urban land acquisitions often occur with little or no compensation, while private developers reap the economic benefits. These policies follow a pattern of development replayed throughout history, notably in …
Korean Environmental Regulations: Ready To Take On One Of The World's Largest Private Real Estate Development Projects?, Joon H. Kim
Washington International Law Journal
The South Korean government designated three new Free Economic Zones in an effort to become the financial and logistical hub of Northeast Asia. One of these zones, the Incheon Free Economic Zone (“IFEZ”), will encompass 209 square kilometers of completely new development on reclaimed land and is said to be the biggest real estate development project currently in the world. China started using economic zones much earlier in history and although China experienced economic benefits, it also experienced severe environmental degradation in its highly successful special economic zones. Similarly tremendous economic growth will result from the influx of foreign direct …
Monitoring A Game Of Winks, Nods, And Risk: Derivatives Regulation In The E.U. And Poland, Robert F. Schwartz
Monitoring A Game Of Winks, Nods, And Risk: Derivatives Regulation In The E.U. And Poland, Robert F. Schwartz
Brigham Young University International Law & Management Review
No abstract provided.
Litigating Child Recruitment Before The Special Court For Sierra Leone, Noah B. Novogrodsky
Litigating Child Recruitment Before The Special Court For Sierra Leone, Noah B. Novogrodsky
San Diego International Law Journal
In May 2004, the Special Court for Sierra Leone issued a landmark decision finding that an individual may be held criminally responsible for the offense of recruiting child soldiers into armed conflict. As a hybrid tribunal established by the United Nations and the Government of Sierra Leone to try those who "bear the greatest responsibility" for serious violations of international humanitarian law committed during the country's civil war after November 1996, the Special Court is the first international criminal body to indict a person for the crime of recruiting and employing children in war. The decision in the case of …
Brief Of The University Of Toronto International Human Rights Clinic As Amicus Curiae To The Special Court For Sierra Leone, Noah B. Novogrodsky
Brief Of The University Of Toronto International Human Rights Clinic As Amicus Curiae To The Special Court For Sierra Leone, Noah B. Novogrodsky
San Diego International Law Journal
This brief addresses three questions: 1) the illegality of recruiting child soldiers into armed conflict; 2) the application of penal sanctions in international humanitarian law; and 3) the proper application of the principle of nullum crimen sine lege. Part I of our argument will establish that the recruitment of children into armed conflict is and was unquestionably a violation of international humanitarian law at the time the alleged offences took place. Part II will explain when international law permits prosecution of violations of international humanitarian law irrespective of whether penal sanctions are attached. Amici conclude that such prosecutions are permitted …
Public Trust And Political Legitimacy: Conflict Of Interests And The Role Of The Parliament's Speaker In Israel And Europe, Lior Zemer, Eyal Kimel, Sharon Pardo
Public Trust And Political Legitimacy: Conflict Of Interests And The Role Of The Parliament's Speaker In Israel And Europe, Lior Zemer, Eyal Kimel, Sharon Pardo
San Diego International Law Journal
In its six sections, this Article examines the role of Speakers, the nexus between their many duties and powers, possible points of conflict among their different duties, as well as the connection between their official duties and personal interests. This Article takes the role of the Speaker of the Israeli Parliament as its organizing principle. Sections Two and Three discuss the constitutional underpinnings of conflicts of interest and the way in which these apply to Members of the Knesset. Section Four takes the Israeli Speaker as a test case and explores in greater details the many flaws and conflicts inherent …
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
San Diego International Law Journal
This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …
Money Talks: The Influence Of Economic Power On The Employment Laws And Policies In The United States And France, Carole A. Scott
Money Talks: The Influence Of Economic Power On The Employment Laws And Policies In The United States And France, Carole A. Scott
San Diego International Law Journal
Money talks. Money changes everything. There is nothing money cannot buy. These are all familiar phrases used to describe the desirable, and undesirable, effects of money. Money can also mean power, and more specifically, economic power. Indeed, economic power is becoming an increasingly important concept for a wide range of academic disciplines. For example, the concept of economic power has heavily influenced a new theory of international relations, namely globalization. Many globalization theorists argue that economic power is replacing military power in global politics. Other scholars contend that globalization is creating a new world order where economics are the central …
The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan
The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan
San Diego International Law Journal
Though the Genocide Convention was created to "liberate mankind from [the] odious scourge" of genocide, the dreams of its drafters have still not come to fruition. The commission of genocide, widely considered the most appalling of all crimes, did not end with the signing and ratification of the Convention in 1948. Genocide continues in the world today. While its sentiments were noble and its aims commendable, the Genocide Convention as it is interpreted and applied today is insufficient to stop the commission of genocide in the world. In order to rid the world of this crime, a new interpretation of …
The Right Of Publicity: Recovering Stolen Identities Under International Law, Emily Grant
The Right Of Publicity: Recovering Stolen Identities Under International Law, Emily Grant
San Diego International Law Journal
This Article proceeds from the assumption that the claims just hypothesized ought to be universally recognized to entitle a celebrity to an action for infringement of his or her right of publicity. It surveys the possibilities for protection of the right of publicity under current international intellectual property law. First, it briefly describes the American right of publicity doctrine as well as the policy shortcomings of the American doctrine and points out the lack of explicit protection for the right in other countries. It next explores the foundations of the right of publicity through a triptych of doctrines - including …
Making Comparative Criminal Law Possible, Lutz Eidam
Making Comparative Criminal Law Possible, Lutz Eidam
Buffalo Law Review
No abstract provided.
The Emergence Of Positive Obligations In Bilateral Investment Treaties, Joshua Robbins
The Emergence Of Positive Obligations In Bilateral Investment Treaties, Joshua Robbins
University of Miami International and Comparative Law Review
No abstract provided.
Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew Sr Palmer
Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew Sr Palmer
Dalhousie Law Journal
This article assesses the comparative effectiveness of constitutional protection of indigenous rights in Canada and New Zealand using a perspective of "constitutional realism". The two constitutions offer a useful contrast of similar systems distinguished by distinctly contrasting directions over the past twentyfive years. The reality of Canadas constitutional development has seen more power accrue to the judicial branch of government. The reality of New Zealand's constitutional development has seen more power accrue to the political branches ofgovernment. The article considers the reality of the behaviour of these branches of government in each jurisdiction in relation to indigenous rights. It finds …
The Lex Mercatoria And The Culture Of Transnational Industry , Michael Douglas
The Lex Mercatoria And The Culture Of Transnational Industry , Michael Douglas
University of Miami International and Comparative Law Review
No abstract provided.