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- Africa; World Trade Organization; plastic bag regulation; plastic bags; Technical Barriers to Trade Agreement; TBT Agreement; environmental protection; sustainable development; General Agreement on Tariffs and Trade; GATT; multilateral trade; environmental regulation; developing countries; Trade and Environment (1)
- European Union; Hungary; refugees; refugee crisis; migration crisis; refugee law; asylum; immigrants; immigration; European Union Charter of Fundamental Rights; civil society organizations; CSOs; humanitarian crisis; Council of Europe; Viktor Orbán; Stop Soros bills; immigration legislation; European Convention on Human Rights; ECHR; Fundamental Law of Hungary; Fidesz Party; TFEU; Refugee Convention; Bill 353/A; immigration tax; freedom of expression; freedom of association (1)
- Genetic engineering; embryonic gene editing; Gene Manipulation; German law; Germany; Act for the Protection of Embryos; The Embryo Protection Act; CRISPR; assisted reproductive technology; designer babies; cloning; human cloning; Preimplantation Genetic Diagnoses; Foreign Law (1)
- Hong Kong; Hong Kong Special Administrative Region; HKSAR; Court of Final Appeal; CFA; Basic Law; the Basic Law of the Hong Kong Special Adminstrative Region of the People's Republic of China; localists; localism; political speech; free expression; free speech; freedom of speech; China; People's Republic of China; PRC; rights; Standing Committee of the National People's Congress; NPCSC; one country (1)
- Social and Cultural Rights; DPP; KMT; Act on Promoting Transitional Justice; Judicial Yuan; soft power; soft independence (1)
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- South Africa; apartheid; post-apartheid; constitution; South African Constitution; African National Congress; ANC; A Bill of Rights for a New South Africa; discrimination; sexual orientation; sexuality; gay; gay rights; LGBT; LGBTQ; women; Women's Section; Constitutional Committee; bill of rights; draft Bill of Rights; multi-party democracy; democracy; Albie Sachs; Mayibuye Archives; ANC National Committee; NEC (1)
- Taiwan; Republic of China; ROC; China; PRC; legal identity; identity; legal history; legal system; National Affairs Conference on Judicial Reform; Tsai; reform; transparency; ICCPR; International Covenant on Economic (1)
- Two systems; OCTS; Sino-British Joint Declaration of 1984; Joint Declaration; Article 158 (1)
Articles 1 - 6 of 6
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Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Brooklyn Journal of International Law
Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger
Brooklyn Journal of International Law
Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law
The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Brooklyn Journal of International Law
South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law
In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Brooklyn Journal of International Law
Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the …