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Articles 1 - 11 of 11
Full-Text Articles in Law
Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton
Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton
Annual Survey of International & Comparative Law
This article examines a feminist argument concerning the gendered structure of tort law in which interests that can be identified as gendered are subject to different levels of recognition resulting from gender bias. Using a comparative methodology, the article contends that negligence law regarding pure-economic loss and indirect-emotional harm is constructed along lines of gender bias. The argument is underlined by the notion of gender-related interests, establishing pure-economic loss as male-related and indirect-emotional harm as female-related. On its first comparative analysis, the similarities and differences between these two harms as perceived by tort conventions and principles should have yielded leverage …
Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Dr. Christian Nwachukwu Okeke, Arthur J. Gemmell
Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Dr. Christian Nwachukwu Okeke, Arthur J. Gemmell
Annual Survey of International & Comparative Law
Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Dr. Christian Nwachukwu Okeke is a Liber Amicorum in which writings by international law scholars from around the globe have been compiled to honor Prof. Christian Nwachukwu Okeke: scholar, law professor, mentor, father, and husband.
Chima Centus Nweze, Ed. Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Christian Nwachukwu Okeke, Sophie Clavier
Chima Centus Nweze, Ed. Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Christian Nwachukwu Okeke, Sophie Clavier
Annual Survey of International & Comparative Law
No abstract provided.
The Modern Concept Of Secularism And Islamic Jurisprudence: A Comparative Analysis, Dr. Nehaluddin Ahmad
The Modern Concept Of Secularism And Islamic Jurisprudence: A Comparative Analysis, Dr. Nehaluddin Ahmad
Annual Survey of International & Comparative Law
The essence of the word 'secularism' depends upon a variety of factors existing in a particular state, e.g. the society's composition, political history, and the potential of its minority groups, as well as the prevailing international circumstances. In the matter of secularism and Islam, the world is misinformed and misguided. Most people who engage in these discussions do not have a clear idea of the Islamic way of life. Typically, Islamic scholars must take great steps to prove that Islamic Doctrine contains all types of contemporary social and political thought and action, such as the nature of democracy, social justice, …
Comparative Law, Edward J. Eberle
Comparative Law, Edward J. Eberle
Annual Survey of International & Comparative Law
It is the aim of comparative law to examine the legal rules and patterns of order that drive a given society. For subjects of a particular legal system, this is a question of acculturation. Being the product of a culture, we often intuitively sense the hidden forces that play out below the surface of the external manifestation of law. Therefore, this task becomes more difficult when we find ourselves dealing with a foreign legal system. We must then call upon the tools of the anthropologist or archeologist: studying the underlying substrata of data that lie within a culture.
Comparative Study Of Cruel & Unusual Punishment For Engaging In Consensual Homosexual Acts (In International Conventions, The United States And Iran), Sanaz Alasti
Annual Survey of International & Comparative Law
This article undertakes a comparative study of cruel and unusual punishment for consensual homosexual acts, in the United States and Iran, based on the prohibition of these punishments in international conventions. The primary object of this paper is to establish that the criminalization of consensual homosexual acts is arbitrary and as capricious as punishing other minorities. Furthermore, criminalization contradicts the object and purpose of the Universal Declaration of Human Rights and virtually every other law concerning sexual minorities. This article is further motivated by the novelty and necessity of the topic. Surprisingly little research has been done focusing on this …
The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin
The International War Crimes (Tribunal) Act, 1973 Of Bangladesh, Zakia Afrin
Publications
Bangladesh earned her independence from Pakistan in 1971 after a bloody war that continued for nine months. By December 16 of 1971, the day Bangladesh declared victory, an estimated 30 million people died and 200,000 women reported sexual violence by the Pakistani Army and their Bengali accomplices. Known as one of the worst genocide in history, the systematic killing of Bengalis included a chilling attempt to exterminate the intellectuals from within Bangladeshi society. A published report claims that by 19 April, 1975 individuals were arrested for war crimes and 752 were convicted. After the assassination of the country’s first Prime …
Transformative Constitutionalism In South Africa: Creative Uses Of Constitutional Court Authority To Advance Substantive Justice, Eric Christiansen
Transformative Constitutionalism In South Africa: Creative Uses Of Constitutional Court Authority To Advance Substantive Justice, Eric Christiansen
Publications
In this Article, I will first discuss some easily overlooked constitutional tools for promoting greater social justice: the procedural provisions of the South African Constitution related to jurisdiction, access, remedies and constitutional interpretation. Following that, I will use three recent Constitutional Court cases to demonstrate the Court's creative (and promising) use of its judicial authority to advance substantive justice. By way of conclusion, I will elaborate on the meaning of these recent developments for the transformative agenda of South Africa and for other nations.
From Violence Against Women To Women's Violence In Haiti, Benedetta Faedi Duramy
From Violence Against Women To Women's Violence In Haiti, Benedetta Faedi Duramy
Publications
Much of the current scholarship, as well as international policy studies focusing on civil conflicts and armed violence, has primarily construed women as victims and men as perpetrators of violence. Although this prevalent interpretation certainly reflects conventional wisdom and tells part of a true war story, the remainder, which has been very much less publicized and addressed, also perceives women as participants in violence and men occasionally as victims. This Article joins the chorus of scholars that have only recently begun to highlight the flaws of this common belief and conversely, describe female participation in conflict and armed violence, often …
A Cinderella Story: ‘Judicial Cooperation In Civil Matters’ Meets The Prince. Review Article Of Eva Storskrubb, Civil Procedure And Eu Law: A Policy Area Uncovered, Helen E. Hartnell
A Cinderella Story: ‘Judicial Cooperation In Civil Matters’ Meets The Prince. Review Article Of Eva Storskrubb, Civil Procedure And Eu Law: A Policy Area Uncovered, Helen E. Hartnell
Publications
No abstract provided.
The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
Publications
At the December 2009 United Nations Climate Change Conference in Copenhagen, as is now well known, the parties failed to agree on any detailed course of action, much less enter into a binding agreement to control carbon emissions. However, four developing countries, Brazil, China, India and South Africa, formed a working group now known as "BASIC," and promised to try and resolve at least one key sticking point. Specifically, the BASIC countries brokered an accord with the United States under which both developing and more developed nations would later submit carbon emissions target cuts.