Comparative and Foreign Law Commons^™

Human Rights As Comparative Constitutional Law, Jacob W.F. Sundberg

Akron Law Review

This was the background of the Akron symposium on human rights as comparative constitutional law. The purpose of the symposium was to expose U.S. constitutional and international law experts to the working of these human rights protection systems in which decisions under the U.N. Covenant for Civil and Political Rights and the European Convention on Human Rights have arrived at an independent and influential, if not even precedent-setting role in relation to the national courts. Decision making by the U.S. Supreme Court is the focus of the teaching of Constitutional Law in the United States.

Having a number of European …

Mistaken Identity And Its Effect On Contractual Validity: Some Cases Frm The English Courts, Anthony Finucane

Akron Law Review

The doctrine of mistake has grown increasingly complicated with the passage of time. Nowhere is that complexity more obvious than in the area of unilateral mistake, of which the distinguishing feature is that the mistake made by one party is known to, and almost invariably induced by the fraud of, the other.

How It All Started - And How It Ended: A Legal Study Of The Korean War, Howard S. Levie

Akron Law Review

Before taking up the basic subject of the discussion which follows, it would appear appropriate to ascertain just what events led to the creation of two such disparate independent nations as the Republic of Korea (hereinafter referred to as South Korea) and the Democratic People’s Republic of Korea (hereinafter referred to as North Korea) out of what had been a united territory for centuries, whether independent or as the possession of a more powerful neighbor, Japan — and the background of how the hostilities were initiated in Korea in June 1950.

Law's Violence And The Boundary Between Corporal Discipline And Physical Abuse In German South West Africa, Harry Schwirck

Akron Law Review

This article is organized as follows. Part One sketches the way the article will approach the issue of law and violence. Part Two provides a very brief summary of the history of German colonial rule in South West Africa. Part Three discusses the status of the right of discipline in German law up to and during the colonial period. Part Four turns to the colonial situation itself, examining the colonial debate over the right to discipline in the context of settlers’ abuse of farm workers. Part Five follows this debate into the diamond mines discovered toward the end of the …

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry, Laurel S. Terry

Akron Law Review

This article provides a comprehensive overview of the treatment of legal services in the United States‘ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …

Privatizing Human Rights? Creating Intellectual Property Rights From Human Rights Principles, David S. Welkowitz

Akron Law Review

This article focuses on one human rights treaty, the Convention, and the possible uses of its provisions to secure and expand intellectual property rights (“IP rights”). Although the Convention does not contain any provision specifically referencing IP rights, it does contain several provisions that could be used to expand IP rights. Furthermore, the existence of a substantial body of interpretive case law from the ECHR affords us a more detailed perspective on the manner in which the Convention could be used to further IP rights. Finally, the group of countries adhering to the Convention, though all part of Europe, represent …

Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson

Akron Law Review

With Japan marking its three-year anniversary of the lay judge system, now is an ideal time to assess the progress of the new system, examine its effect on Japanese society, and explore future possibilities. More significantly, this paper asserts that the convergence of various forces makes this an ideal time to expand lay participation into the civil realm so as to enhance the justice process and fully achieve the objectives of Japan’s major legal reforms. Accordingly, this paper is separated into three sections. First, Part I details the underpinnings of Japan’s new lay judge system and examines its triumphs and …

Trading With Foreigners: An Interdisciplinary Analysis Of China's Core Interests In Trade And Foreign Policy, Phoenix X.F. Cai

Akron Law Review

This article takes an interdisciplinary approach by drawing on political science, international relations, and legal global governance literatures to explain how China’s foreign policy impacts and guides its trade policy, which is manifested in the three core interests. The article makes the case that the core interest analysis holds promising explicative, predictive, persuasive, and coalition-building value in the arenas of global trade policy and dispute settlement. This article proceeds in five main parts. Part II traces the contours of China’s three core interests in action, both in the domestic and international spheres. While not purporting to be exhaustive, it takes …