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Articles 1 - 30 of 127
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 …
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 …
Selected International Rules Of Foreign Direct Investment In The Telecommunications Sector And Its Influences On Taiwan's Telecommunications Legislation, Chun Hung Lin
Annual Survey of International & Comparative Law
In past decades, the most significant contributor to the booming global economy was the development of cross-border transactions. Specifically, foreign investment has expanded rapidly, becoming an increasingly important factor in host economies and in the international community. Also, foreign direct investment (FDI) has increased rapidly for a substantial period and covering a wide spectrum of industries. Moreover, foreign investment capital generally will spur economic growth and create better living standards in particular countries. Despite the benefits of FDI, many developing countries fear that by opening up their markets to competition and foreign investment without any restrictions, they will lose control …
The Nature Of A Passport At The Intersection Of Customary International Law And American Judicial Practice, Richard A.C. Alton, Jason Reed Struble
The Nature Of A Passport At The Intersection Of Customary International Law And American Judicial Practice, Richard A.C. Alton, Jason Reed Struble
Annual Survey of International & Comparative Law
In order to fully develop the argument that the DHS’s confiscation and impoundment of passports is a violation of customary international law, we begin by examining the history of a passport and its treatment in the international community. Next, we survey general principles of customary international law and analyze German case law holding that one State’s confiscation or impounding of a valid foreign passport constitutes an encroachment upon the passport jurisdiction of the foreign State issuing the documents which is impermissible under customary international law. Thereafter, we discuss case law where courts avoided addressing the international implications of passport seizures. …
Lnternational Law As Law, Sompong Sucharitkul
Lnternational Law As Law, Sompong Sucharitkul
Annual Survey of International & Comparative Law
No abstract provided.
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.
Behind Closed Doors: "Autonomous Colonization" In Post United Nations Era - The Case For Western Sahara, Pamela Epstein
Behind Closed Doors: "Autonomous Colonization" In Post United Nations Era - The Case For Western Sahara, Pamela Epstein
Annual Survey of International & Comparative Law
This paper's central objective is to highlight, through a critical assessment of the conflict, a compelling case for the independent State of Western Sahara. Part I provides a snapshot of the conflict from the time of Spanish colonial rule, paying particular attention to the International Court of Justice Advisory Opinion on Western Sahara, the Moroccan invasion and subsequent illegal occupation of Western Sahara, the U.N. attempted referendum under MINURSO, concluding with the most recent extension of the U.N. mandate. Part II articulates the argument for statehood by evaluating Western Sahara's claims under the binding authority of the 1933 Montevideo Convention …
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, …
Fundamental Issues And Practical Challenges Of Human Rights In The Context Of The African Union, Moussa Samb
Fundamental Issues And Practical Challenges Of Human Rights In The Context Of The African Union, Moussa Samb
Annual Survey of International & Comparative Law
This paper starts with an overview of the legal issues of the African human rights system. Then, it discusses the main human rights issues and challenges which confront the African system, as democracy, human rights during conflict and development issues. It ends with a brief discussion on a minimal core approach to social and economic rights.
International Law Regime Against Piracy, Lawrence Azubuike
International Law Regime Against Piracy, Lawrence Azubuike
Annual Survey of International & Comparative Law
Customary international law prohibited piracy and treated pirates as enemies of human kind. Pirates were considered to have waged war not just against anyone state but all states. As such, pirates were subject to universal jurisdiction by any state. While the prohibition of piracy could, and was easily stated, the contours of the prohibition, including definition of pirates, were not free from controversy. Besides, pirates were not always universally condemned, but instead were sometimes tolerated and employed by states for their own selfish interests. A more important point, though, is that like the infamous slave trade, piracy was believed to …
Environmental Protection In Nigeria: Two Decades After The Koko Incident, Dr. S. Gozie Ogbodo
Environmental Protection In Nigeria: Two Decades After The Koko Incident, Dr. S. Gozie Ogbodo
Annual Survey of International & Comparative Law
Prior to June 1988, Nigeria responded to most environmental problems on an ad hoc basis. The discovery of toxic waste dumped in Koko, at remote part of southern Nigeria, in June 1988, and the attendant media and public outcry prompted the government to react swiftly. Through diplomatic channels, the Nigerian government succeeded in getting the Italian government and the Italian company that was the culprit to lift the toxic waste out of the country. The Nigerian government followed this action by organizing an international workshop6 on the environment. The result was the formulation of a national policy on the environment. …
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.
The Classification Of Hezbollah In Both International And Non-International Armed Conflicts, Catherine Bloom
The Classification Of Hezbollah In Both International And Non-International Armed Conflicts, Catherine Bloom
Annual Survey of International & Comparative Law
The 2006 conflict between Hezbollah and Israel questions an important, yet unclear part of international humanitarian law. Specifically, what would Hezbollah' s legal classification be if another armed conflict were to arise between Israel and Lebanon? Would Hezbollah be considered a State or non-State actor? If Hezbollah is a non-State actor, would the group be considered "guerrillas"? Would the term "mercenary" be a better fit? In attempting to answer some of these questions, we must first look at what exactly occurred between Israel and Lebanon in the summer of 2006. Second, we must understand who Hezbollah is and how the …
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?
The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
Annual Survey of International & Comparative Law
The current investments into African countries are limited as a result of the judicial and juridical insecurity. As such, there is a strong need to rebuild the respective legal systems in order to enhance investors' reliance and to further attract foreign investment. The idea of the unification of African laws has been considered as the only solution to eliminate obstacles to development amounting from the judicial differences among the varying African nations. Such a change would give the countries joining the process of regional integration the opportunity to assert their interests in a stronger and more confident manner within the …
Contrasting Franco-American Perspectives On Sovereignty, Sophie Clavier
Contrasting Franco-American Perspectives On Sovereignty, Sophie Clavier
Annual Survey of International & Comparative Law
The findings of this paper augment Keohane's argument that sovereignty is a useful "conceptual lens" in the study of International Relations and that understanding divergent conceptions of sovereignty in Europe and in the United States is crucial to shedding light on the formulation of their respective policies. Indeed, the first goal of this paper is to expand on Keohane's premise and to address how France and the United States understand sovereignty. The second goal is to argue that the current conflicting perspectives on sovereignty displayed by France and the United States are a departure from a historical pattern whereby, at …
The African Charter On Human And Peoples' Rights: Suggestions For More Effectiveness, U. O. Umozurike
The African Charter On Human And Peoples' Rights: Suggestions For More Effectiveness, U. O. Umozurike
Annual Survey of International & Comparative Law
This paper examines some of the problems of the African Commission, and its shortcomings, all of which gave room for the criticism and, more importantly, suggestions for the greater effectiveness of the Commission. The moderate achievements of the Commission are complicated by what appears to be some doubt about its desirability. The European Commission has been abolished and its functions merged with those of the European Court after it had functioned only long enough to develop human rights standards in Europe. The African Commission has existed for twenty years with inadequate resources and personnel. It is not even mentioned in …
Trends On The Harmonization Of Contract Law In Africa, Salvatore Mancuso
Trends On The Harmonization Of Contract Law In Africa, Salvatore Mancuso
Annual Survey of International & Comparative Law
Taking into consideration both the need for domestic legal reform in commercial matters and the importance of promoting harmonized commercial solutions for Africa, in this paper I first review the concept of legal harmonization in general and with particular reference to the situation in Africa. I then provide an overview of OHADA and COMESA, the two main initiatives of regional integration in Africa having implications in the harmonization of commercial law in general, and in the law of contract in particular. I conclude by affirming the interest of further exploring the possibilities related to the harmonization/uniformization of the law of …
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 …
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.
Rule Of Law With Chinese Characteristics, Ignazio Castellucci
Rule Of Law With Chinese Characteristics, Ignazio Castellucci
Annual Survey of International & Comparative Law
In this essay, I will discuss some peculiarities of socialist law, making some comparative references and reflections, mainly, but not only between the former USSR and the Chinese legal systems; I will then indicate possible lines of discussion or research on how the Chinese political and legal system is accommodating market-based legal institutions within its socialist frame, and how this will, in turn, contribute to shape a Chinese concept of the rule of law.
Ukrainian Bankruptcy Law In The Context Of Regional And International Developments, Alexander Biryukov
Ukrainian Bankruptcy Law In The Context Of Regional And International Developments, Alexander Biryukov
Annual Survey of International & Comparative Law
During the period of Soviet rule there was no need for private law remedies to regulate economic relations, particular in the area of bankruptcy. After the Soviet Union's collapse, former republics and newly independent states started developing market-oriented laws to support democratization process. Due to Ukraine's lack of any bankruptcy legislation during the last century, 1992 marked the starting point of bankruptcy law formation in the country. The formation of bankruptcy laws in Ukraine and other countries in the region may be traced to two stages of development: "first wave" laws passed in 1990 through 1993, and "second wave" laws …
The Exeat Of A Remarkable Man From The Academia: Distinguished Professor Dr. Sompong Sucharitkul: Statesman, Diplomat And Notable Scholar (Rev. Ed.), Christian N. Okeke
The Exeat Of A Remarkable Man From The Academia: Distinguished Professor Dr. Sompong Sucharitkul: Statesman, Diplomat And Notable Scholar (Rev. Ed.), Christian N. Okeke
Annual Survey of International & Comparative Law
Essays in honor of great living men and women by way of a contribution acknowledging some of their core achievements as they make their exeat into other engagements in life, occasionally face some dangers. One of them is that a contributor like us may be tempted to write too much about the honoree. The other danger is that indeed, too little may be written about the Eminent Scholar, Distinguished Educator, World-renowned Law-Maker and Jurist, A Veritable learned Judge, Diplomat and Statesman that may defeat the purpose of such contribution. It is highly unlikely that our essay in honor of Professor …
Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring
Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring
Annual Survey of International & Comparative Law
This note discusses the procedure of dispute resolution in the World Trade Organization (WTO). The note goes on to discuss WTO disputes involving intellectual property to date and the possible impacts of the WTO dispute resolution procedures on the determination of substantive issues of intellectual property law, using dispute WS 160 involving the Fairness in Music Licensing Act, as an example. The note concludes that the same concerns about lack of due process and inability of amici to appear in the proceedings that cause concern in the environmental field are also causes of concern with respect to intellectual property rights …
Universal Human Rights: A Generational History, Eric Engle
Universal Human Rights: A Generational History, Eric Engle
Annual Survey of International & Comparative Law
Human rights are universal. Not in the sense of being the same positive laws, at all times and places, but rather as being aspirational goals, at all times and places, and also as containing core values which are indeed universal, such as the right to life (no irrational deprivation of life). Histories of human rights usually propose that the concept has evolved through at least three separate historical waves. This historical account, while roughly accurate, must be clarified as a theoretical construction which corresponds only partially to the historical reality: the rights of women and of non-white persons, in fact, …
The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze
The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze
Annual Survey of International & Comparative Law
This paper highlights some of the inherent bottlenecks in the exercise of ICC jurisdiction that may diminish the Court's ability to uphold the principle of individual criminal liability. In particular, this paper will analyze the principle of complementarity between the ICC and States Parties to the ICC Statute. Additionally, the legality of the so called Article 98 Immunity Agreement will be discussed. This paper without equivocation contends that the conclusion of Article 98 immunity agreement by ICC States Parties is a clear violation of their obligation to cooperate with the Court and to arrest and surrender suspects to the Court. …
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 …