Law Commons^™

Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable

University of the District of Columbia Law Review

Japan is undoubtedly one of the foremost economic powers in the world and is internationally recognized as a democratic leader among modern nations. The economy's rapid growth in the mid-twentieth century has been attributed to its booming technical industries, including its electronic and automobile industries. However, Japan is unique in that it has retained traditions associated with typically less advanced nations-namely, a regressive human rights agenda. Although cultural, ethnic, and social minorities continue to exist on Japanese soil today, Japan's social policy of Nihonjinron allows the majority of the population to disregard such minorities and perpetuate the government's vision of …

Exploring Human Rights Implications Of Microfinance Initiatives, Rebecca Farrar

Rebecca Farrar

Abstract for Article: Exploring the Human Rights Implications of Microfinance Initiatives by Rebecca Farrar

Microfinance and microcredit (“MFI”) programs have been advanced as a way to make the world a better place. These programs involve making small loans to people who would otherwise be unable to borrow money to facilitate them starting their own businesses: frequently, the programs focus on women borrowers in developing countries. Muhammad Yunus of the Grameen Bank says microfinance and microcredit programs can literally end world poverty.

This Article explores MFI from several perspectives, with particular emphasis on human rights issues. The emphasis of MFI programs …

Promoting An Independent Judiciary As A Rule Of Law Principle: A Brief Commentary On The Supreme Court Of Pakistan, Kamaal Zaidi

Kamaal Zaidi

The rule of law is often difficult to establish in developing nations characterized by frequent political changes and unstable events that affect the separation of powers between the three branches of government – the executive, legislature, and judiciary. In particular, the integrity of the judiciary is often damaged by influences from the executive and legislative branches in that core democratic principles are promoted, including civil liberties, the supremacy of law, law and order, and transparency and accountability among government actors. In Pakistan, turbulent political events over the years have irreparably damaged the ability of the Supreme Court of Pakistan to …

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

From Acquired Rights To Reverse Tupe: Employment Law Issues In Global Outsourcing Transactions, Ute Krudewagen, Carole Spink

Ute Krudewagen

The article analyzes the numerous employment law issues that arise in global outsourcing transactions. For many of these issues, there are no clear-cut answers on how a company (or the potential service provider) should proceed. For example, in some countries, relevant employees transfer by operation of law to the service provider, even if the parties do not with this to occur. In these circumstances, the parties will need to make important decisions on what to do with any “unwanted” employees who transfer automatically in spite of the parties’ intent. Similarly, the termination of “unwanted” employees can also pose its own …

Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Palestinian Refugee Problem, Maged Bader

Maged Bader

No abstract provided.

The Israeli Policy: Targeted Killing For Preventive Self-Defense Or Extra-Judicial Executions?, Maged Bader

Maged Bader

No abstract provided.

Direct Application Of International Commercial Law In Chinese Courts: Intellectual Property, Trade, And International Transportation, Jie Huang

Jie Huang

Different from scholarship that focuses on the relationship between China and International Law regarding territory, armed conflicts, human rights violations, this article explores the relationship between China and International Law in a commercial setting. It explores how Chinese courts apply international commercial law in adjudicating cases involving foreign factors. Moreover, this article goes beyond contemporary scholarship that concerns international commercial law and China but only focuses on the text of Chinese statutes and judicial interpretations: it elaborates how courts apply statutes and judicial interpretations in actual adjudications through cases studies. By covering cases decided by the Supreme People’s Court and …

Did Press Freedom Win A Medal? The Future Of Foreign Journalism In China, Matt Halling

Matt Halling

This paper addresses the future of foreign journalism in China in the wake of the new liberalizing press regulations created for the 2008 Olympics which were made permanent in October, 2008. Despite hope for a more open foreign press in China, the paper argues that the new regulations as applied have largely institutionalized the existing reality.

Part I discusses human rights instruments relevant to freedom of the press in order to determine whether China’s current regulations facially comport with international human rights law. Part II of this paper discusses China’s historical treatment of foreign journalists and analyzes the substance of …

Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin

Craig Martin

There is still very little constitutional control over the decision to use armed force, and very limited domestic implementation of the international principles of jus ad bellum, notwithstanding the increasing overlap between international and domestic legal systems and the spread of constitutional democracy. The relationship between constitutional and international law constraints on the use of armed force has a long history. Aspects of constitutional theory, liberal theories of international law, and transnational process theory of international law compliance, suggest that constitutional design could legitimately be used as a pre-commitment device to lock-in jus ad bellum principles, and thereby enhance compliance …

An 'Unconventional Truth': Conflict Of Laws Issues Arising Under The Cisg, Antonin I. Pribetic

Antonin I. Pribetic

This article discusses the applicability of the CISG from a Canadian conflict of laws perspective - both in terms of jurisdiction and choice of law. The analysis is framed by providing an outline of the key jurisdictional and choice of law principles developed within Canadian jurisprudence. Following a brief contextual overview of the CISG, Articles 1(1) (a) and 1(1) (b) and Article 6 of the CISG are highlighted, with specific reference to recent Canadian and foreign judicial decisions and foreign arbitral awards involving Canadian parties. The article concludes with a clarion call to justice stakeholders, particularly, Canadian commercial lawyers and …

Termination Of A Lease Contract: General View From Czech And Illinois Law, Carissa Meyer, Marketa Selucka, Johan Schweigl

Carissa Meyer

Abstract:

The article’s main focus is on the termination of a lease contract from the perspective of Illinois law, which is a part of the common law American legal system, and Czech Republic law, which is a part of the continental European system. The article seeks to highlight the similarities and differences between each system, and to look at how a lease contract is terminated in each respective legal system. The article specifically focuses on the rights of both the landlord and tenant in both systems. The article also focuses on changes made to the Czech Civil Code since the …

Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Right Of Property In Situations Of Armed Conflict: The Application Of Ihl Principles By The European Court Of Human Rights, Maheta Matteo Molango

Maheta Matteo Molango

The proliferation of non-international armed conflicts over the last three decades have contributed to draw the attention of scholars and commentators on the complex interrelationship between international humanitarian law (IHL) and human rights law. In Europe, contrary to the encouraging steps taken in other regional systems of human rights’ protection such as the Inter-American system, the activity of the European Court of Human Rights (ECtHR) has been characterized by its reluctance to apply IHL provisions to situations were arguably it should or even shall have use the laws of war as authoritative guidance.

This paper focuses on the analysis of …

Turkish Cross-Border Operations Into Northern Iraq: International Law And Use Of Force Analysis, Charles Bowers

Charles Bowers

No abstract provided.

Editorial, Smart Rules Uphold System, James Kelly

Patrick Kelly

No abstract provided.

The Un-Exceptionalism Of U.S. Exceptionalism, Sabrina Safrin

Sabrina Safrin

This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal exceptionalism of other countries. It puts U.S. Exceptionalism in perspective by identifying European exceptionalism as well as noting developing country exceptionalism, pointing to the exceptional rules sought by the European Union and by developing countries in numerous international agreements and institutions. It argues that most nations seek different international rules for themselves, or double-standards, when they perceive themselves to have an exceptional need. Indeed, in cases of exceptional need, numerous countries believe themselves entitled to exceptional legal accommodation and may even perceive …

From “Blood Diamond” To “Blood Coltan”: Should International Corporations Pay The Price For The Rape Of The Dr Congo?, Maheta Matteo Molango

Maheta Matteo Molango

This paper discusses the role of multinational corporations, and in particular US companies, in fueling two devastating civil wars and contributing to the climate of tension currently existing in Africa’s Great Lakes’ region. The discussion focuses on the exploitation of a relatively unknown mineral called “coltan,” indispensable for the production of cell phones, laptops and many other electronic devices. My analysis offers readers several elements that are essential to understanding the close relationship between the exploitation of Congolese minerals, international companies and rebel groups operating in the region. From a legal point of view, I have attempted to explore some …

Some Thoughts On Achieving U.S. Compliance With International Obligation To Inform Other Nations About Arrest Of Their Citizens, Talbot D'Alemberte

Talbot D'Alemberte

The Avena decision against the United States by the World Court again tarnishes the reputation of the United States in the international human rights community but some relatively simple steps could bring this country into compliance with its treaty obligations to inform foreign nationals of their rights under the Vienna Convention on Consular Relations.

The article suggests that private economic action might be effective yet, to avoid that step, the problem can be corrected through legislation, through use of Miranda warnings and through notice given at arraignment.

Hanging In A Balance: Freedom Of Expression And Religion, Puja Kapai, Anne Sy Cheung

Puja Kapai

When the liberty to freely express oneself is at odds with another’s right to freedom of religion, we are confronted with the classic dilemma of choosing between two equally fundamental, constitutionally and internationally protected rights. The contours of the said two rights however, are far from clear. Whilst freedom of expression is not an absolute right, its limits are controversial. Equally, while it is undisputed that freedom of religion is an internationally protected human right enshrined in various international instruments, there is no comprehensive international treaty which addresses as its subject the content and extent of the right of freedom …

Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin

Peter G. Danchin

No abstract provided.

Happy To Be Equal, Shay Gurion

Shay Gurion

The public discourses regarding happiness are burgeoning in current times, especially in the fields of positive psychology and philosophy. However, policy oriented disciplines, such as economics and law, seem to almost suspiciously, avoid this discussion, leaving one of life's most important aspects, academically and politically, unexplored. This paper tries to fill this void by offering an explanation to why humans beings are equally happy and how does this provide us with a rational basis for human equality and a corresponding perception of human rights. The explanation offered in this paper of why people are equally happy lies greatly on the …

Governance And Accountability: The Regional Development Banks, Enrique R. Carrasco, Heejin Lee, Wesley Carrington

Enrique R Carrasco

Good governance has become a mantra of the movement seeking to make multilateral financial institutions more accountable to their stakeholders while improving institutional governance. Although much of the visible criticism has been directed at the World Bank and International Monetary Fund, the “regional” development banks share many of the same governance and accountability problems. Important issues relating to governance and accountability include the banks’ heavily unequal voting power based on capital contributions, limited transparency and disclosure requirements, questionable efficacy of monitoring programs on the impact of the banks’ projects, and limited scope of the banks’ private complaint mechanisms. This Article …

U.S./U.K. Allies Grab Congo Riches And Millions Die: 2001-03 Un Expert Reports, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

"Fit For Purpose:" Why The European Union Should Not Extend The Term Of Related Rights Protection In Europe, Susanna Monseau

Susanna Monseau

This paper argues that the European Union should not, as it currently proposes, extend the term of protection for sound recordings in Europe. It compares the U.K. government’s current policy that the scope and length of copyright protection for sound recordings should not be extended, with that of the European Union which, encouraged by the French government particularly, has recently proposed an extension from the 50 year term to a 95-year term of copyright protection for sound recordings. It analyzes several major independent reviews of the evidence on extending copyright protection for sound recordings, including the findings and recommendations of …

Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John P. Cerone

John P Cerone

Much has been made recently of the deficiencies of international law in grappling with violence perpetrated by non-state actors. From transnational terrorist networks to private security contractors (PSCs), organizations that are not officially part of the apparatus of any state are increasingly engaged in protracted episodes of intense violence, giving rise to questions of accountability under international law. Does international law provide rules applicable to such conduct? Once the individual has been deemed a subject of positive international law, the requirement of state affiliation is no longer essential to analytical coherence. The issue becomes simply whether international law should directly …

Hostile Takeovers In Korea: Turning Point Or Sticking Point For Policy Directions, Young-Cheol K. Jeong

Young-Cheol K. Jeong

While mergers and acquisitions are becoming an important part of Korean economy, poison pills and multiple voting rights are being introduced to deter foreign capital's intrusion to Korean economy. As the Korean economy is dominated by conglomerates with ownership model, this would strengthen the undue power of the founding families. In order to continue to develop the Korean economy with open capitalism, further protection on the incumbent management appointed by the founding families would be abolished, but they should be required to be neutral and ultimately shareholders would have the authority to make a decision of the future the company …

Changing The Paradigm Of Stock Ownership From Concentrated Towards Dispersed Ownership? Evidence From Brazil And Consequences For Emerging Countries, Erica Gorga

Cornell Law Faculty Working Papers

This paper analyzes micro-level dynamics of changes in ownership structures. It investigates a unique event: changes in ownership patterns currently taking place in Brazil. It builds upon empirical evidence to advance theoretical understanding of how and why concentrated ownership structures can change towards dispersed ownership.

Commentators argue that the Brazilian capital markets are finally taking off. The number of listed companies and IPOs in the Sao Paulo Stock Exchange (Bovespa) has greatly increased. Firms are migrating to Bovespa’s special listing segments, which require higher standards of corporate governance. Companies have sold control in the market, and the stock market has …