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Articles 1 - 30 of 377
Full-Text Articles in Comparative and Foreign Law
Harmonization Of The Aviation Sector Within President Jokowi’S Maritime Policy:A Way To Promote Pioneer Flights, Ridha Aditya Nugraha
Harmonization Of The Aviation Sector Within President Jokowi’S Maritime Policy:A Way To Promote Pioneer Flights, Ridha Aditya Nugraha
Jurnal Hukum & Pembangunan
As the biggest archipelagic state in the world, the Indonesian government has been aware of the importance of both air and sea transportation in connecting the remote islands with the main islands and thus developing the economy. However,it could not be denied that for many years the country had been trapped within a transportation policy favoring land over the aviation and maritime sectors. It thus came as a relief when the current government announced a pro-maritime transportation policy as their main priority. While this pivot is certainly welcome, it still fails to address the other ‘life line’ of the Indonesian …
The Edict Of King Gälawdéwos Against The Illegal Slave Trade In Christians: Ethiopia, 1548 -- Featured Source, Habtamu M. Tegegne
The Edict Of King Gälawdéwos Against The Illegal Slave Trade In Christians: Ethiopia, 1548 -- Featured Source, Habtamu M. Tegegne
The Medieval Globe
This study explores the relationship between documentary-legal prescriptions of slavery and actual practice in late medieval Ethiopia. It does so in light of a newly discovered edict against the enslavement of freeborn Christians and the commercial sale of Christians to non-Christian owners, issued in 1548 by King Gälawdéwos. It demonstrates that this edict emerged from a dramatic and violent encounter between the neighboring Sultanate of Adal, which was supported by Muslim powers, and the Christian kingdom of Ethiopia, which had the support of expanding European powers in the region. The edict was therefore issued to reaffirm and clarify the principles …
Land And Tenure In Early Colonial Peru: Individualizing The Sapci, "That Which Is Common To All", Susan E. Ramirez
Land And Tenure In Early Colonial Peru: Individualizing The Sapci, "That Which Is Common To All", Susan E. Ramirez
The Medieval Globe
This article compares and contrasts pre-Columbian indigenous customary law regarding land possession and use with the legal norms and concepts gradually imposed and implemented by the Spanish colonial state in the Viceroyalty of Peru in the sixteenth and early seventeenth centuries. Natives accepted oral histories of possession going back as many as ten generations as proof of a claim to land. Indigenous custom also provided that a family could claim as much land as it could use for as long as it could use it: labor established rights of possession and use. The Spanish introduced the concept of private property …
Chinese Porcelain And The Material Taxonomies Of Medieval Rabbinic Law: Encounters With Disruptive Substances In Twelfth-Century Yemen, Elizabeth Lambourn, Phillip I. Ackerman-Lieberman
Chinese Porcelain And The Material Taxonomies Of Medieval Rabbinic Law: Encounters With Disruptive Substances In Twelfth-Century Yemen, Elizabeth Lambourn, Phillip I. Ackerman-Lieberman
The Medieval Globe
This article focuses on a set of legal questions about ṣīnī vessels (literally, “Chinese” vessels) sent from the Jewish community in Aden to Fustat (Old Cairo) in the mid-1130s CE and now preserved among the Cairo Geniza holdings in Cambridge University Library. This is the earliest dated and localized query about the status of ṣīnī vessels with respect to the Jewish law of vessels used for food consumption. Our analysis of these queries suggests that their phrasing and timing can be linked to the contemporaneous appearance in the Yemen of a new type of Chinese ceramic ware, qingbai, which confounded …
The Future Of Aztec Law, Jerome A. Offner
The Future Of Aztec Law, Jerome A. Offner
The Medieval Globe
This article models a methodology for recovering the substance and nature of the Aztec legal tradition by interrogating reports of precontact indigenous behavior in the works of early colonial ethnographers, as well as in pictorial manuscripts and their accompanying oral performances. It calls for a new, richly recontextualized approach to the study of a medieval civilization whose sophisticated legal and jurisprudential practices have been fundamentally obscured by a long process of decontextualization and the anachronistic applications of modern Western paradigms.
Editor's Introduction To "Legal Worlds And Legal Encounters" -- Open Access, Elizabeth Lambourn
Editor's Introduction To "Legal Worlds And Legal Encounters" -- Open Access, Elizabeth Lambourn
The Medieval Globe
This introduction presents and draws together the articles and themes featured in this special issue of The Medieval Globe, “Legal Worlds and Legal Encounters.”
Mutilation And The Law In Early Medieval Europe And India: A Comparative Study -- Open Access, Patricia E. Skinner
Mutilation And The Law In Early Medieval Europe And India: A Comparative Study -- Open Access, Patricia E. Skinner
The Medieval Globe
This essay examines the similarities and differences between legal and other precepts outlining corporal punishment in ancient and medieval Indian and early medieval European laws. Responding to Susan Reynolds’s call for such comparisons, it begins by outlining the challenges in doing so. Primarily, the fragmented political landscape of both regions, where multiple rulers and spheres of authority existed side-by-side, make a direct comparison complex. Moreover, the time slippage between what scholarship understands to be the “early medieval” period in each region needs to be taken into account, particularly given the persistence of some provisions and the adapatation or abandonment of …
Common Threads: A Reappraisal Of Medieval European Sumptuary Law, Laurel Wilson
Common Threads: A Reappraisal Of Medieval European Sumptuary Law, Laurel Wilson
The Medieval Globe
Medieval sumptuary law has been receiving renewed scholarly attention in recent decades. But sumptuary laws, despite their ubiquity, have rarely been considered comprehensively and comparatively. This essay calls attention to this problem and suggests a number of topics for investigation, with specific reference to the first phase of European sumptuary legislation in the thirteenth and fourteenth centuries. It argues that comparative study demonstrates that this chronology closely parallels the development of the so-called “Western fashion system” and that the ubiquity of sketchy or nonexistent enforcement is evidence for the symbolic importance of sumptuary legislation, rather than its instrumentality. Comparison across …
Toward A History Of Documents In Medieval India: The Encounter Of Scholasticism And Regional Law In The Smṛticandrikā, Donald R. Davis Jr.
Toward A History Of Documents In Medieval India: The Encounter Of Scholasticism And Regional Law In The Smṛticandrikā, Donald R. Davis Jr.
The Medieval Globe
In order to understand the legal use and significance of documents in medieval India, we need to start from the contemporaneous legal categories found in the Sanskrit scholastic corpus called dharmaśāstra. By comparing these categories with actual historical documents and inscriptions, we gain better insight into the encounter of pan-Indian legal discourse in Sanskrit and regional laws in vernacular languages. The points of congruence and transgression in this encounter will facilitate a nuanced history of documents and their use beyond unhelpfully broad categories of written and oral. A new translation of one major scholastic discussion of documents is presented as …
Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson
Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko
Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko
Georgia Journal of International & Comparative Law
No abstract provided.
Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.
Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev
Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev
Georgia Journal of International & Comparative Law
No abstract provided.
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher
Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher
Michigan Journal of Gender & Law
Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studies gender and birth status discrimination in nationality laws and in civil registration, family, and criminal law in each GCC state: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Ending statelessness will require these states to end discrimination against women and non-marital children in all of its forms in law and practice.
European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik
European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon
Georgia Journal of International & Comparative Law
No abstract provided.
Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo
Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo
Georgia Journal of International & Comparative Law
No abstract provided.
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Georgia Journal of International & Comparative Law
No abstract provided.
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
Georgia Journal of International & Comparative Law
Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …
The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha
The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha
Indiana Journal of Constitutional Design
The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in which …
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
Brigham Young University Journal of Public Law
No abstract provided.
Constitutional Law—Extraditing The Foreign Fugitive: Disentitlement In Civil Forfeiture, United States V. All Assets Listed In Attachment A, 89 F. Supp. 3d 817 (E.D. Va. 2015), Nicole Murray
University of Arkansas at Little Rock Law Review
No abstract provided.
The Influence Of Special Interest Groups On Copyright Law And Policy—A Comparison Of The Legislative Processes In The United States And Switzerland, Michael P. Kunz
The Influence Of Special Interest Groups On Copyright Law And Policy—A Comparison Of The Legislative Processes In The United States And Switzerland, Michael P. Kunz
Washington Journal of Law, Technology & Arts
In April 2016, the Office of the United States Trade Representative placed Switzerland on the Watch List of its 2016 Special 301 Report, which contains an annual review of the state of intellectual property rights protection and enforcement in U.S. trading partners around the world. According to the Report, the decision to put Switzerland on the Watch List was premised on U.S. concerns regarding specific difficulties in Switzerland’s system of online copyright protection and enforcement, particularly the “Logistep” ruling issued by the Federal Supreme Court of Switzerland in 2010. Although the Swiss authorities have acknowledged the difficulties mentioned in the …
Privacy Harmonization And The Developing World: The Impact Of The Eu's General Data Protection Regulation On Developing Economies, Tiffany Curtiss
Privacy Harmonization And The Developing World: The Impact Of The Eu's General Data Protection Regulation On Developing Economies, Tiffany Curtiss
Washington Journal of Law, Technology & Arts
Through strengthened third-party obligations for data protection, the European Union’s General Data Protection Regulation will export privacy norms. However, developing economies may want to consider a co-regulatory industry approach to data protection before adopting similar national legislation. The General Data Protection Regulation can be an ideal model for global harmonization of privacy laws, particularly for adoption among industries and willing participants. To benefit from a co-regulatory approach, however, a developing economy would need to invest in education and legal systems in order to capture the benefits of the growing e-commerce market that will undoubtedly be influenced by the General Data …
An Indivisible Turkey And The Invisible Alevi: Mandatory Religious Education And Its Effect On Minority Rights And National Unity, Tristan Orozco
An Indivisible Turkey And The Invisible Alevi: Mandatory Religious Education And Its Effect On Minority Rights And National Unity, Tristan Orozco
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Zubaydah: Establishing International Accountability For Complicity Of Torture And Transforming Enhanced Interrogation Rhetoric, Camille Sespene
Zubaydah: Establishing International Accountability For Complicity Of Torture And Transforming Enhanced Interrogation Rhetoric, Camille Sespene
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.