Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Laws

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 1 - 30 of 145

Full-Text Articles in Comparative and Foreign Law

Enforcement Of Foreign Laws Before The National Judge: A Comparative Study, Ashraf , Wafa Mohammed Feb 2021

Enforcement Of Foreign Laws Before The National Judge: A Comparative Study, Ashraf , Wafa Mohammed

UAEU Law Journal

The Omani Civil Transactions Act No. 29 issued on 2013, includes the provisions on the conflict of laws as stated from Article 10 to Article 28, as well as it is the case in the UAE Civil Transactions Act in Articles 10 to 28. According to the text of this last article of the Emirati Law, "apply the United Arab Emirates Law, if the existence of the applicable foreign law cannot be proven or its significance determined." It is noted that the rules, governing conflict of laws, moderate relations of individuals with an international character (i.e. containing a foreign element). …


Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney May 2018

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Georgia State University Law Review

One of the major branches of the field of law and literature is often described as “law as literature.” Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes.

Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …


Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez Aug 2017

Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez

Electronic Thesis and Dissertation Repository

The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both …


Fact Sheet: Water Licences, New South Wales Aboriginal Land Council Jun 2016

Fact Sheet: Water Licences, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

4 pages

Contains references


Slides: Synthesis Session: Indigenous Water Symposium, Jason Anthony Robison Jun 2016

Slides: Synthesis Session: Indigenous Water Symposium, Jason Anthony Robison

Indigenous Water Justice Symposium (June 6)

Presenter: Jason Robison, University of Wyoming

15 slides


Guilty Until Proven Innocent: A Comparative Analysis Of Organized Crime Laws In The United States, Italy, Japan, And Ecudor, Christina M. Strompf Jan 2016

Guilty Until Proven Innocent: A Comparative Analysis Of Organized Crime Laws In The United States, Italy, Japan, And Ecudor, Christina M. Strompf

ILSA Journal of International & Comparative Law

“[T]he ‘relative power’ of criminal networks will continue to rise, and some countries could even be taken over and run by these networks.”1 The Federal Bureau of Investigation (FBI) defines “organized crime” as “any group having some manner of formalized structure and whose primary objective is to obtain money through illegal activities.


Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim Jan 2012

Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim

Indiana Journal of Global Legal Studies

This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …


Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson Jan 2012

Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson

Indiana Journal of Global Legal Studies

This article explores the role of transnational adoption in the production of a multicultural but Swedish national body during the second half of the twentieth and the first decade of the twenty-first century, when Sweden became a multiethnic, multicultural, and racially divided country. I examine the development of international adoption policies in the 1970s, 1980s, and 1990s, emphasizing the erasure of the child's connection to a preadoptive past, even as the child's cultural difference was celebrated in adopting nations. In Sweden, which in the late 1970s and early 1980s had the world's highest adoption ratio (number of transnational adoptions per …


Adjudicating The Intersection Of Marital Immigration, Domestic Violence, And Spousal Murder: China-Taiwan Marriages And Competing Legal Domains, Sara L. Friedman Jan 2012

Adjudicating The Intersection Of Marital Immigration, Domestic Violence, And Spousal Murder: China-Taiwan Marriages And Competing Legal Domains, Sara L. Friedman

Indiana Journal of Global Legal Studies

Cross-border marriages and other forms of family reunification dominate officially recognized migratory flows around the world today, and they offer the most widely recognized path to naturalized citizenship in destination countries. At the same time, however, transnational marriages may also rest on shaky foundations precisely because immigrant spouses depend on their citizen partner for legal status. When marriages fail due to domestic violence, they expose the incompatibility of different legal domains organized around domestic violence prevention and immigration regulation. This Article examines the legal conflicts that emerged in response to a recent case in Taiwan involving an immigrant wife from …


Filling The Gap: Commonsense Solutions For Meeting Front Range Water Needs: Executive Summary, Western Resource Advocates, Trout Unlimited, Colorado Environmental Coalition (U.S.) Jun 2011

Filling The Gap: Commonsense Solutions For Meeting Front Range Water Needs: Executive Summary, Western Resource Advocates, Trout Unlimited, Colorado Environmental Coalition (U.S.)

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

8 pages.

"February 2011"

Presented by Drew Beckwith, Water Policy Manager, Western Resource Advocates, on June 10th at Clyde O. Martz Summer Conference 2011, Navigating the Future of the Colorado River Basin

Full report available at: http://www.westernresourceadvocates.org/gap


Why Should International Law Be Concerned About State Failure?, Chiara Giorgetti Jan 2010

Why Should International Law Be Concerned About State Failure?, Chiara Giorgetti

Law Faculty Publications

In the last fifty years, the international community has undergone a transformation, as social, economic, and political dynamics have been altered. In fact, the international power structure has shifted towards a more complex structure, economies have been largely liberalized, new powerful international actors have emerged, and security threats have altered significantly. These transformations impacted all nation States. Indeed, a new standard of governance emerged that resulted in increased responsibility to each State's nationals. Similarly, States have become increasingly interindependent and have additional (both in numbers and substance) obligations towards each other and the international community in general. Certain States, however, …


Contemporary And Historical Comparison Of American And Brazilian Legal Efforts To Corral Digital Music Piracy And P2p Software, Nolan Garrido Jan 2010

Contemporary And Historical Comparison Of American And Brazilian Legal Efforts To Corral Digital Music Piracy And P2p Software, Nolan Garrido

ILSA Journal of International & Comparative Law

Today, legal purchases of music from online retailers are skyrocketing. Digital music sales across the globe reached 2.9 billion dollars in 2007, up forty percent from the previous year.'


Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion Feb 2005

Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion

ExpressO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …


The Ada: A Model For Europe With "Sharper Teeth?", Carol Daughterty Rasnic Jan 2004

The Ada: A Model For Europe With "Sharper Teeth?", Carol Daughterty Rasnic

ILSA Journal of International & Comparative Law

I wish ... for the passionate sense of the potential, for the eye which... sees the possible.... Soren Kierkegaard, 19th century Danish philosopher


The Legality Of Nato's Intervention In Yugoslavia In 1999: Implications For The Progressive Development Of International Law, Jeffrey S. Morton Jan 2002

The Legality Of Nato's Intervention In Yugoslavia In 1999: Implications For The Progressive Development Of International Law, Jeffrey S. Morton

ILSA Journal of International & Comparative Law

NATO's intervention in Yugoslavia in 1999 in response to violations of human rights raises a number of legal and moral questions concerning the right of states to respond to humanitarian disasters.


Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn Jan 1984

Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn

Articles

No abstract provided.


The Acts Of Jamaica, 1967, Jamaica Jan 1967

The Acts Of Jamaica, 1967, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1967

Published by authority


The Acts Of Jamaica, 1966, Jamaica Jan 1966

The Acts Of Jamaica, 1966, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1966

Published by authority


The Acts Of Jamaica, 1964, Jamaica Jan 1965

The Acts Of Jamaica, 1964, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1964

Published by authority


The Acts Of Jamaica, 1965 V.2, Jamaica Jan 1965

The Acts Of Jamaica, 1965 V.2, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1965 Volume II (Acts 8-49)

Published by authority


The Acts Of Jamaica, 1965 V.1, Jamaica Jan 1965

The Acts Of Jamaica, 1965 V.1, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1965 Volume I (Acts 1-7)

Published by authority


The Acts Of Jamaica, 1963, Jamaica Jan 1964

The Acts Of Jamaica, 1963, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1963

Published by authority


The Laws And Acts Of Jamaica, 1962, Jamaica Jan 1963

The Laws And Acts Of Jamaica, 1962, Jamaica

Jamaica

The Laws and Acts of Jamaica passed in the year 1962

Published by authority


The Laws Of Jamaica, 1961, Jamaica Jan 1962

The Laws Of Jamaica, 1961, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1961

Published by authority


The Laws Of Jamaica, 1960, Jamaica Jan 1961

The Laws Of Jamaica, 1960, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1960

Published by authority


The Laws Of Jamaica, 1959, Jamaica Jan 1959

The Laws Of Jamaica, 1959, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1959

Published by authority


The Laws Of Jamaica, 1958 Annotator, Jamaica Jan 1958

The Laws Of Jamaica, 1958 Annotator, Jamaica

Jamaica

Annotator (Volume II) to the Laws of Jamaica containing amendments to the laws from 1st January, 1958 to 31st December, 1958.


The Laws Of Jamaica, 1958, Jamaica Jan 1958

The Laws Of Jamaica, 1958, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1958

Published by authority


The Laws Of Jamaica, 1953-1957 Annotator, Jamaica Jan 1957

The Laws Of Jamaica, 1953-1957 Annotator, Jamaica

Jamaica

Annotator (Volume I) to the Laws of Jamaica containing amendments to the laws from 2nd June, 1953 to 31st December, 1957.


The Laws Of Jamaica, 1957, Jamaica Jan 1957

The Laws Of Jamaica, 1957, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1957

Published by authority