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Articles 1 - 16 of 16
Full-Text Articles in Law
Canadian Blasphemy Law In Context: Press, Legislative, And Public Reactions, Jeremy Patrick
Canadian Blasphemy Law In Context: Press, Legislative, And Public Reactions, Jeremy Patrick
Annual Survey of International & Comparative Law
Canada has always outlawed blasphemy. From the earliest days of the New France period, through the era of “Upper” and “Lower” Canada, past Confederation and the eventual enactment of the original Criminal Code, and still today, blasphemy has been considered a criminal offence in the Canadian legal system. However, this prohibition, whether expressed through common law or statute, has rarely been enforced through actual prosecution. In the 117 years since the Criminal Code was enacted, its prohibition on blasphemous libel has been enforced only five times in reported cases. A study of the Criminal Code provision and these five prosecutions …
The Relationship Between Law And Politics, Dr. Miro Cerar
The Relationship Between Law And Politics, Dr. Miro Cerar
Annual Survey of International & Comparative Law
This article examines some basic characteristics of the relationship between national and international law and politics. The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an obstacle. First, politics can define certain predominantly legal values or institutions as its goal. In this case the political understanding of these values or institutions becomes almost identical to an authentic legal understanding of the same values or institutions. Second, politics can comprehend the law merely as a means for the fulfillment of certain political interests. In this case politics is neutral in its attitude …
Combating Corruption In Nigeria: A Critical Appraisal Of The Laws, Institutions, And The Political Will, Osita Nnamani Ogbu
Combating Corruption In Nigeria: A Critical Appraisal Of The Laws, Institutions, And The Political Will, Osita Nnamani Ogbu
Annual Survey of International & Comparative Law
This paper seeks to critically examine the legal and institutional framework for combating corruption that existed before Nigeria's nascent democracy, and the anti-corruption mechanisms and measures put in place by the Obasanjo regime. The effectiveness of the laws and the institutions and their limitations will be considered. Lastly, the political will to fight corruption will also be examined.
The U.S. Codification Of War Crimes: 18 Usca §2441, Hamed Adibnatanzi
The U.S. Codification Of War Crimes: 18 Usca §2441, Hamed Adibnatanzi
Annual Survey of International & Comparative Law
The purpose of this paper is to examine the U.S. codification of its Geneva Convention obligations to prosecute war crimes. The War Crimes Statute is rarely used for its original enactment purpose. Instead the cases that have appeared are in response to political maneuvering in detaining foreign enemy combatants. The War Crimes Statute has been used with the Geneva Convention in order to guarantee detainees certain fundamental rights to due process and impartial hearings. Finally, the paper examines some of the Legislative responses to this judicial interpretation and the new proposed War Crimes Statute.
Post-Conflict Justice In Iraq, Zakia Afrin
Post-Conflict Justice In Iraq, Zakia Afrin
Annual Survey of International & Comparative Law
In this article, I analyze the Transitional Authority's approach and initiative regarding post-conflict justice in Iraq. Describing the actions of the authority, I seek to answer three questions: first, did the statute of the special tribunal meet international standards? Second, did the trial of Saddam Hussein serve to satisfy the goals of post-conflict justice? Third, did the Transitional Authority's actions associated with reconstructing the justice system comply with its mandate under international law?
Asserting Permanent Sovereignty Over Ancestral Lands: The Bakweri Land Litigation Against Cameroon, Ndiva Kofele-Kale
Asserting Permanent Sovereignty Over Ancestral Lands: The Bakweri Land Litigation Against Cameroon, Ndiva Kofele-Kale
Annual Survey of International & Comparative Law
The Article focuses on the recently concluded Bakweri land case against Cameroon in the African Human Rights Commission. The Article uses this litigation as the basis for a re-examination of a host of issues relating to the enforcement of human rights, especially land rights, in postcolonial countries making the slow transition from single-party authoritarian rule to multi-party democratic states. More importantly, it takes a fresh look at the exhaustion of local remedies rule. It asks the relatively simple question: whether an indigenous people seeking to reclaim and assert permanent sovereignty over ancestral lands, forcibly expropriated from them during the period …
Comparing U.S. And E.U. Strategies Against Weapons Of Mass Destruction: Some Legal Consequences, Milagros Alvarez-Verdugo
Comparing U.S. And E.U. Strategies Against Weapons Of Mass Destruction: Some Legal Consequences, Milagros Alvarez-Verdugo
Annual Survey of International & Comparative Law
International regulation and control of WMD is not a United States - European Union bilateral issue, but it appears on the political agenda of the transatlantic relation and agreements or disagreements between the two have international consequences. Agreements signal joint action by an important part of the international community and, often, can inspire or encourage universal commitments as well as other international actions. Disagreements, however, block such joint action and, sometimes, impede international measures of universal (or at least collective) scope. Within this context, the purpose of this article is to analyze how these two major international actors, the United …
The International Legal Standards Adopted To Stop The Participation Of Children In Armed Conflicts, Joseph N. Madubuike-Ekwe
The International Legal Standards Adopted To Stop The Participation Of Children In Armed Conflicts, Joseph N. Madubuike-Ekwe
Annual Survey of International & Comparative Law
The aim of this paper is to discuss the participation of children in armed conflicts around the world and the various international legal standards adopted to stop it. The paper will first describe the factors that contribute to the involvement of children in armed conflicts. It will examine the relevant international armed conflict (humanitarian) laws and other legal standards governing the use of children in armed conflicts and their effectiveness. The paper will also discuss the United States position on the Global efforts to ban the use of children in armed conflicts. Finally, the paper will discuss the problems of …
International Telecommunications Union And The Republic Of China (Taiwan): Prospects Of Taiwan's Participation, Chun Hung Lin
International Telecommunications Union And The Republic Of China (Taiwan): Prospects Of Taiwan's Participation, Chun Hung Lin
Annual Survey of International & Comparative Law
The purposes of this article are to provide a general description of the most important telecommunication organization, the lTD, and from its missions and developments to discuss the possibility of Taiwan's accession into the lTD. At first, from the developmental history, organizational structure, operational procedures, and missions of the lTD, the article wants to describe which role the ITD plays in international telecommunication cooperation and to clarify why Taiwan should seek accession into this organization. Secondly, from the lTD's Constitution and Convention, as well as Taiwan's status in the international community, the article will debate the possibility and methods of …
Promises Of Rewards In A Comparative Perspective, Pablo Lerner
Promises Of Rewards In A Comparative Perspective, Pablo Lerner
Annual Survey of International & Comparative Law
I will deal with the different aspects of the promise of rewards, comparing the unilateral solution, inspired by the tradition in civil law countries, with the solution. in the common law jurisdictions, and I will try to show why in my opinion the unilateral approach prompts better and more coherent solutions. Against the background of the analysis of reward, we will have the opportunity to elaborate some ideas about the meaning of such basic concepts as contract, promise or bargain. Then I will try to distinguish between reward and other offers to the public, a distinction that is justified if …
Non Liquet: From Modern Law To Roman Law, Alfredo Mordechai Rabello
Non Liquet: From Modern Law To Roman Law, Alfredo Mordechai Rabello
Annual Survey of International & Comparative Law
An explanatory note on the structure and limits of the present essay may be useful. In studies which also have a historical character. it is customary to present the subject matter in chronological order, first outlining the more ancient legal system, following then as far as possible its evolutionary steps, finally to end with the analysis of existing legal systems. In this article, however, in order to place the reader in medias res he is presented with modern legal systems with which he is already familiar: in such systems it is practically inconceivable that the judge should refuse to give …
On The Admissibility Of Group Rights, Luis Rodriguez-Abascal
On The Admissibility Of Group Rights, Luis Rodriguez-Abascal
Annual Survey of International & Comparative Law
In this presentation I shall explore the question of whether or not it is defensible to grant legal group rights through international instruments and national legal systems. I shall proceed in the following way. First, I shall briefly examine the conceptual consistency between group rights and the framework of rights discourse, and I shall conclude that it is conceptually possible to include group rights in ordinary rights talk. Secondly, I shall explore what the basic requirements would be for the recognition of a group right. I shall suggest that the use of rights discourse bears a number of conceptual as …
Alternative Dispute Resolution In The United States And Russia: A Comparative Evaluation, Elena Nosyreva
Alternative Dispute Resolution In The United States And Russia: A Comparative Evaluation, Elena Nosyreva
Annual Survey of International & Comparative Law
Unlike the United States with its extensive experience in alternative dispute resolution, this institution is in its infancy in Russia. Russia is only now developing an interest in out-of-court methods of dispute resolution. With economic changes, the number of new legal disputes has increased significantly. Russian courts of general jurisdiction are overloaded by civil cases. Ordinary litigation has become too expensive for the majority of the Russian people. In such conditions Russian society needs less expensive, more flexible alternatives to litigation. The purpose of this paper is to compare the ADR experiences in the United States and the Russian Federation, …
The 1996 Brazilian Commercial Arbitration Law, Cristina Schwansee Romano
The 1996 Brazilian Commercial Arbitration Law, Cristina Schwansee Romano
Annual Survey of International & Comparative Law
The author provides a systematic overview of recent legal developments that favor the use of international commercial arbitration in Brazil. This study provides an overview of the main aspects of the 1996 Brazilian Arbitration Law and the major innovations that it has introduced in Brazil.
The Right To Education In The United States: Beyond The Limits Of The Lore And Lure Of Law, Roger J.R. Levesque
The Right To Education In The United States: Beyond The Limits Of The Lore And Lure Of Law, Roger J.R. Levesque
Annual Survey of International & Comparative Law
The author argues that U.S. as well as international law on educational rights needs to incorporate an important, but heretofore neglected, dimension. U.S. legislation and court decisions, as well as existing international instruments on educational rights focus chiefly on educational access and assign responsibility and authority over educational content and methods almost exclusively to the state and parents. The ideas, concerns and wishes of the young people being educated remain largely unacknowledged and disregarded. The author maintains that only to the extent our understanding of educational rights is rethought to include "youth's self-determination of education for citizenship" can we expect …
The United Nations Convention On The Rights Of The Child And United States Abortion Law, Sanford J. Fox
The United Nations Convention On The Rights Of The Child And United States Abortion Law, Sanford J. Fox
Annual Survey of International & Comparative Law
The ratification of treaties governing human rights often raises the question of whether obligations imposed by the treaty are compatible with the existing domestic law of the ratifying state. One common way of resolving such conflicts is for the State to avoid undertaking the inconsistent legal obligation by qualifying its acceptance of the treaty with a reservation, even when domestic law already provides for resolving such conflicts. Another measure that may be adopted, particularly where the treaty provision at issue is cast in general terms, is for the ratifying state to include a Declaration or an Understanding (RUD) with its …