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Articles 1 - 30 of 49
Full-Text Articles in Comparative and Foreign Law
The Legal Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey Kahn
The Legal Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey Kahn
Notre Dame Journal of International & Comparative Law
No abstract provided.
An Icy Invasion: Russia's Seizure Of The Norwegian Waters In The Arctic, Margaret Turchinski
An Icy Invasion: Russia's Seizure Of The Norwegian Waters In The Arctic, Margaret Turchinski
American University International Law Review
Russia is aiming to expand its power in the Arctic Circle by acquiring unrestricted access to hydrocarbon reserves off the coast of the Norwegian Archipelago of Svalbard. Two bodies of international law govern Svalbard. The Svalbard Treaty of 1920 ascertains Norway’s sovereignty over the archipelago and permits the signatory nations, including Russia, to conduct commercial activities on the land and in the “territorial waters”. The United Nations Convention on the Law of the Sea establishes maritime zones that allow coastal states to claim exclusive rights to their territorial seas and continental shelf. Norway holds that “territorial waters” in the Svalbard …
Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza
Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza
American University National Security Law Brief
When Russian tanks rolled across the border into Ukraine during the early morning of February 24, 2022, most in the American defense and diplomatic establishment were shocked and sure the war would be over in a few days. Credible open-source tactical and strategic analysis predicted that Ukraine’s regular military forces would be defeated in “days or weeks” as long as Russian military forces were determined to pursue their objectives. The United States Government was so sure that Kyiv was under imminent threat of capture that they offered to evacuate President Volodymyr Zelenskyy so that he could rule from exile, rather …
Defending Democracy: Taking Stock Of The Global Fight Against Digital Repression, Disinformation, And Election Insecurity, Scott J. Shackelford, Angie Raymond, Abbey Stemler, Cyanne Loyle
Defending Democracy: Taking Stock Of The Global Fight Against Digital Repression, Disinformation, And Election Insecurity, Scott J. Shackelford, Angie Raymond, Abbey Stemler, Cyanne Loyle
Washington and Lee Law Review
Amidst the regular drumbeat of reports about Russian attempts to undermine U.S. democratic institutions from Twitter bots to cyber-attacks on Congressional candidates, it is easy to forget that the problem of election security is not isolated to the United States and extends far beyond safeguarding insecure voting machines. Consider Australia, which has long been grappling with repeated Chinese attempts to interfere with its political system. Yet Australia has taken a distinct approach in how it has sought to protect its democratic institutions, including reclassifying its political parties as “critical infrastructure,” a step that the U.S. government has yet to take …
Pluralism, Democracy, And The Conflict Within: Challenging The State’S Narrative By Artistic Forms Of Protest, Alexandra V. Orlova
Pluralism, Democracy, And The Conflict Within: Challenging The State’S Narrative By Artistic Forms Of Protest, Alexandra V. Orlova
University of Miami International and Comparative Law Review
This article follows the Pussy Riot case from the 2012 trial decision to the 2018 challenge before the European Court of Human Rights (ECtHR). The case revolved around the “punk prayer” performed by three women in Christ the Saviour Cathedral in Moscow. While the case, which centered on violation of freedom of expression, may be framed as a matter of political speech vs. religious speech, it has broader implications. Pussy Riot’s performance and subsequent legal cases were about the ability of pluralism and dissent to counter the carefully constructed government narrative of “traditional values” and moral sovereignty. For democracy to …
Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova
Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova
William & Mary Journal of Race, Gender, and Social Justice
Over the past decade, the Russian state has been deliberately pursuing politics of masculinity that aim to actively undermine feminist dissenting voices by presenting feminism as something that is foreign and inappropriate for the Russian context. This Article examines why Russian domestic feminism has failed to generate a re-examination of entrenched gender stereotypes and barriers in Russia. The Article concludes that in order to effectively combat gender stereotyping and reduce structural barriers that continuously relegate women to the private sphere, new "local norms" based on gender equality need to develop. In order for these new local norms to gain public …
Making Democracy Harder To Hack, Scott Shackelford, Bruce Schneier, Michael Sulmeyer, Anne Boustead, Ben Buchanan, Amanda N. Craig Deckard, Trey Herr, Jessica Malekos Smith
Making Democracy Harder To Hack, Scott Shackelford, Bruce Schneier, Michael Sulmeyer, Anne Boustead, Ben Buchanan, Amanda N. Craig Deckard, Trey Herr, Jessica Malekos Smith
University of Michigan Journal of Law Reform
With the Russian government hack of the Democratic National Convention email servers and related leaks, the drama of the 2016 U.S. presidential race highlights an important point: nefarious hackers do not just pose a risk to vulnerable companies; cyber attacks can potentially impact the trajectory of democracies. Yet a consensus has been slow to emerge as to the desirability and feasibility of reclassifying elections—in particular, voting machines—as critical infrastructure, due in part to the long history of local and state control of voting procedures. This Article takes on the debate—focusing on policy options beyond former Department of Homeland Security Secretary …
Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, Jason J. Kilborn
Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, Jason J. Kilborn
Brooklyn Journal of International Law
This article examines the tumultuous transition from restrictive Communism to the debt-fueled consumer economy of modern Russia. In particular, it surveys Russia’s legal response to severe debt distress, situating it in the context of nearly one thousand years of historical development. Effective 1 October 2015, Russia finally joined most of its European neighbors in adopting a personal bankruptcy law, with characteristics that reflect both evolving international best practices and a series of lessons not learned. This article offers the first detailed exposition in English of the two steps forward represented by this new law, as well as an evaluation of …
The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon
The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon
University of Miami International and Comparative Law Review
No abstract provided.
Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr
Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr
The Kabod
Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and rebuilt for …
Espionage: A Comparative Analysis, Kristin A. Vara
Espionage: A Comparative Analysis, Kristin A. Vara
ILSA Journal of International & Comparative Law
"Espionage is as pervasive today as it has ever been."
More Than Bric-A-Brac: Testing Chinese Exceptionalism In Patenting Behavior Using Comparative Empirical Analysis, Jay P. Kesan, Alan Marco, Richard Miller
More Than Bric-A-Brac: Testing Chinese Exceptionalism In Patenting Behavior Using Comparative Empirical Analysis, Jay P. Kesan, Alan Marco, Richard Miller
Michigan Telecommunications & Technology Law Review
Although many developing economies are increasingly influencing the global economy, China’s influence has been the greatest of these by far. Once hindered from competition by political and economic restrictions, China is now a major economic player. As China’s economic might has grown, so too has the demand for intellectual property protection for technologies originating from China. In this article, we present a detailed empirical study of Chinese patenting trends in the United States and the implications of these trends for the global economy. We compare these trends to patenting trends from earlier decades. Specifically, we compare Chinese patenting trends to …
Soviet Immigration To The West Bank: Is It Legal?, John Quigley
Soviet Immigration To The West Bank: Is It Legal?, John Quigley
Georgia Journal of International & Comparative Law
No abstract provided.
Russian Membership In The Imf: A Look At The Problems, Past And Present, Buck Wiley
Russian Membership In The Imf: A Look At The Problems, Past And Present, Buck Wiley
Georgia Journal of International & Comparative Law
No abstract provided.
Neutrality, The Acquis Communautaire And The European Union's Search For A Common Foreign And Security Policy Under Title V Of The Maastricht Treaty: The Accession Of Austria, Finland And Sweden, G. Porter Elliott
Georgia Journal of International & Comparative Law
No abstract provided.
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
Back To The Bad Old Days: President Putin's Hold On Free Speech In The Russian Federation, Rebecca Favret
Back To The Bad Old Days: President Putin's Hold On Free Speech In The Russian Federation, Rebecca Favret
Richmond Journal of Global Law & Business
No abstract provided.
Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun
Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun
Pepperdine Law Review
No abstract provided.
Eu's Common Foreign Policies Towards Russia: Past, Present And Future, Yigit Canay
Eu's Common Foreign Policies Towards Russia: Past, Present And Future, Yigit Canay
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan
Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan
San Diego International Law Journal
The pathways that lead to the success of cutting-edge technologies are often fraught with risk, difficulty, and uncertainty. These issues are particularly prevalent under a regime involving lengthy time horizons for competent research, development, and commercialization, which may require regulatory approvals. These challenges are known to be endemic to capital-intensive technology development which requires significant follow-on funding, particularly in highly regulated industries such as life sciences (e.g., pharmaceuticals/biotechnology and electronic medical devices ) and clean technology (which may be subdivided into clean or renewable energy generation and clean or renewable energy efficiency technologies and services, the former having more direct …
Jury Trials For Violent Hate Crimes In Russia: Is Russian Justice Only For Ethnic Russians?, Nikolai Kovalev
Jury Trials For Violent Hate Crimes In Russia: Is Russian Justice Only For Ethnic Russians?, Nikolai Kovalev
Chicago-Kent Law Review
The article examines issues of potential anti-victim jury bias in hate crime trials of skinheads in Russia. The study is based on the analysis of court transcripts and interviews with judges, prosecutors, defense attorneys, and victims' lawyers who participated in four high profile criminal cases. The cases selected for analysis resulted in scandalous acquittals, which raised many questions within the Russian society as to whether lay citizens can and should adjudicate hate crimes committed against members of ethnic and racial minority groups. The results of the study have revealed that the juries in these cases did not demonstrate any bias …
From Russia With Love: The Eu, Russia, And Special Relationships, Eric Engle
From Russia With Love: The Eu, Russia, And Special Relationships, Eric Engle
Richmond Journal of Global Law & Business
This paper compares the institutions and goals of the USSR, the EU, and the CIS to understand the differing origins and competing tendencies of these alternative models of transnational governance. It then projects those models through history to examine the current relationships of the former Soviet Republics to the EU and the United States. Understanding the historical sources and development of transnational relations in Eastern Europe will enable better international relations among the EU, the Russian Federation, and the other former Soviet Republics. This comparison will also help the Russian Federation and other former Soviet Republics to take up EU …
Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.
Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.
South Carolina Journal of International Law and Business
No abstract provided.
The Yukos Money Laundering Case: A Never-Ending Story, Dmitry Gololobov
The Yukos Money Laundering Case: A Never-Ending Story, Dmitry Gololobov
Michigan Journal of International Law
The Yukos case has unveiled the possible dangers of money laundering legislation in the hands of governments with transitional economies and weak democratic traditions. Even if the anti-money laundering laws of the country comply with international pronouncements to the letter, there are still a number of ways the laws could be used for the sole purpose of persecuting political opponents. In the Yukos case, the money laundering charges were interrelated with the charges of corporate tax evasion, which, taken separately, in Russia, represent a rather weak tool for suppressing the political opponents, but taken together they are perfect for the …
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens
Thieves In Cyberspace: Examining Music Piracy And Copyright Law Deficiencies In Russia As It Enters The Digital Age, Michael Mertens
University of Miami International and Comparative Law Review
No abstract provided.
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
San Diego International Law Journal
While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …
Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn
University of Michigan Journal of Law Reform
This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …
Must Russia Return The Artwork Stolen From Germany During World War Ii?, Steven Costello
Must Russia Return The Artwork Stolen From Germany During World War Ii?, Steven Costello
ILSA Journal of International & Comparative Law
In February 1995, the Pushkin museum in Moscow exhibited sixty three paintings, including paintings from German private and museum collections prior to World War II.1 One month later, the Hermitage in St. Petersburg exhibited seventy-four paintings, of which almost all were owned by the German government or its citizens before the war.
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Michigan Journal of International Law
This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Michigan Journal of International Law
The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.