Comparative and Foreign Law Commons^™

Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan

Erin Ryan

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Erin Ryan

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning people ...

An Analysis Of China's Human Rights Policies In Tibet: China's Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein

Richard Klein

Tibet is commonly viewed in the West as having been a "Shangri- La"-a utopia unspoiled by industrialization, commercialization, or pollution.

Triumph Or Tragedy? The Curious Path Of Corporate Disclosure Reform In The U.K., Cynthia A. Williams, John M. Conley

Cynthia A. Williams

No abstract provided.

A Comment On Christopher Johnson's "Post-Trial Judicial Review Of Criminal Convictions: A Comparative Study Of The United States And Finland", Malick W. Ghachem

Maine Law Review

Christopher Johnson has dug deeply into a neglected corner of comparative law and emerged with some fascinating and important contrasts. Finland does not appear often on the radar screen of American legal scholars, even those who primarily focus is comparative law. And so we are indebted to Johnson for reminding us that critical comparative insights can arise out of studying the experiences of nations deemed “marginal” to the international system, and to mainstream comparative law scholarship (which itself occupies a position of uncertain import in American legal scholarship generally). Johnson’s findings are all the more significant because they come ...

Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah Bin Hamad

Dissertations & Theses

Human society is weakening Earth’s environment, its only home. In 2015, nations agreed on a new set of Sustainable Development Goals (SDGs) to guide restoring and sustaining the wellbeing of peoples everywhere. If the SDGs are to succeed, all cultural and religious communities will need to urgently implement them. Islam offers a holistic view of God’s creation and the Qur’an clearly sets forth duties to care for the Earth. In the past, most people have ignored the world-wide trends of environmental degradation which scientist have reported. There is a pressing need to expand education and public awareness ...

Non-Charitable Purpose Trusts: Past, Present, And Future, Richard C. Ausness

Richard C. Ausness

This Article focuses on non-charitable purpose trusts and how they enable estate planners to better carry out their clients’ objectives. Specifically, it explores the history of non-charitable purpose trusts and summarizes the differences between private trusts, charitable trusts, and non-charitable purpose trusts. This Article also examines the treatment of non-charitable purpose trusts in England and the United States prior to the promulgation of the Restatement of Trusts in 1935. This Article surveys the recent adoption of non-charitable purpose trust provisions in the Uniform Trust Code and various Restatements and gives advice on drafting the trust instruments. Lastly, this Article concludes ...

French And Italian Food Waste Legislation: An Example For Other Eu Member States To Follow?, Luis González Vaqué

Luis González Vaqué

The World’S Trademark Powerhouse: A Critique Of China’S New Trademark Law, Xuan-Thao Nguyen

Seattle University Law Review

China has become the world’s trademark powerhouse with the largest number of trademark registrations for goods and services. Parallel to the new rise is the explosion of scandals concerning trademarked goods, causing numerous deaths, massive hospitalizations, and consumer defection from domestic brands. Instead of having a trademark law with consumer protection as the cornerstone, China’s new Trademark Law will cement China as the world’s manufacturer of trademarks. This Article is the first to critically examine China’s new Trademark Law. The new law mainly centers on creating procedural measures for more trademark registrations, maintaining China’s trademark ...

Public Employment Law And The Transition To Democracy In Chile, Robert G. Vaughn

Robert G. Vaughn

No abstract provided.

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Diane Orentlicher

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business ...

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher

Diane Orentlicher

I am fortunate to have as a foundation for my remarks Professor Roht-Arriaza's lucid presentation of the principal sources of international law bearing on amnesties for gross violations of human rights.

The Imprint Of Kosovo On International Law, Diane F. Orentlicher

Diane Orentlicher

In several respects, international responses to recent developments in Kosovo have had a significant- in some respects, profound - impact on international law

International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher

Diane Orentlicher

I have been asked to discuss various models that might be available to address crimes committed by the Khmer Rouge during its murderous reign in the 1970s.

A Gateway Into The South?: The Effect Of The Uaw's Proposed Introduction Of European-Style Works Councils Into Collective Bargaining In The United States, Gregory Mark

Georgia Journal of International & Comparative Law

No abstract provided.

"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda

Georgia Journal of International & Comparative Law

No abstract provided.

No Matter Who Draws The Lines: A Comparative Analysis Of The Utility Of Independent Redistricting Commissions In First-Past-The-Post Democracies, Katherine L. Ekstrand

Georgia Journal of International & Comparative Law

No abstract provided.

Adoption In China: Past, Present And Yet To Come, Margaret Ryznar

Georgia Journal of International & Comparative Law

No abstract provided.

Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman

Ediberto Roman

No abstract provided.