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

Comparative and Foreign Law Commons

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

12,714 Full-Text Articles 9,514 Authors 7,671,096 Downloads 154 Institutions

All Articles in Comparative and Foreign Law

Faceted Search

12,714 full-text articles. Page 1 of 301.

Corporate Violations Of Human Rights: Addressing The Coordinated Surveillance And Persecution Of The Uyghur People By The Chinese State And Chinese Corporations, Ross Smith 2021 University of Georgia School of Law

Corporate Violations Of Human Rights: Addressing The Coordinated Surveillance And Persecution Of The Uyghur People By The Chinese State And Chinese Corporations, Ross Smith

Georgia Journal of International & Comparative Law

No abstract provided.


Carrots Or Sticks?: Anti-Gentrification Mechanisms In Atlanta, Georgia And Berlin, Germany, Bailey Meyne 2021 University of Georgia School of Law

Carrots Or Sticks?: Anti-Gentrification Mechanisms In Atlanta, Georgia And Berlin, Germany, Bailey Meyne

Georgia Journal of International & Comparative Law

No abstract provided.


Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour 2021 IWK Health Centre and Dalhousie University

Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour

Georgia Journal of International & Comparative Law

No abstract provided.


Buffering Against Vicissitudes: The Role Of Social Insurance In The Covid-19 Pandemic And In Maintaining Economic Stability, Renée M. Landers 2021 Suffolk University Law School

Buffering Against Vicissitudes: The Role Of Social Insurance In The Covid-19 Pandemic And In Maintaining Economic Stability, Renée M. Landers

Georgia Journal of International & Comparative Law

No abstract provided.


Assessing China’S Environmental Ngo Public Interest Litigation Against The U.S. Citizen Suit Model, Huishihan Wang 2021 Elisabeth Haub School of Law at Pace University

Assessing China’S Environmental Ngo Public Interest Litigation Against The U.S. Citizen Suit Model, Huishihan Wang

Dissertations & Theses

This dissertation introduces the U.S. and China’s environmental governance evolution, the background of their private enforcement provisions, including each country’s environmental legislative, administrative, and judicial development before establishing private enforcement. After the introduction, the second section examines the U.S. environmental citizen suits’ origin, environmental movements during the 1960s and 1970s, and pioneer ENGOs’ legal experiences. Statutory provisions are reviewed in various aspects in order to fully present this significant U.S. private enforcement measure. The third section analyzes the trajectory of Chinese ENGO EPIL development, including the provisions and typical actions according to several scattered provisions ...


Innovation Meets Regulation: Firrma’S Significance, The Treasury’S Dilemma, And The New Normal For Foreign Investment In The U.S. Venture Capital Ecosystem, Jonathan Aaron Horn 2021 Pepperdine University

Innovation Meets Regulation: Firrma’S Significance, The Treasury’S Dilemma, And The New Normal For Foreign Investment In The U.S. Venture Capital Ecosystem, Jonathan Aaron Horn

Pepperdine Law Review

One of the most powerful entities in the federal government is the little-known Committee on Foreign Investment in the United States (CFIUS), which is responsible for reviewing foreign investment transactions with U.S. businesses for potential national security threats. Originally, CFIUS was only able to review foreign investments that resulted in control of the U.S. company at issue, but the Foreign Investment Risk Review Modernization Act (FIRRMA) has significantly enhanced CFIUS’s scope to include review of minority investments. This Comment explores FIRRMA’s impact on foreign investment into the U.S. venture capital (VC) ecosystem and evaluates the ...


A Taxonomy On Constitutional Court Appointment Mechanisms In Federal Countries, Molly Madden 2021 Indiana University, Bloomington

A Taxonomy On Constitutional Court Appointment Mechanisms In Federal Countries, Molly Madden

Indiana Journal of Constitutional Design

This paper provides a taxonomy of how federal countries appoint judges to their highest courts. Appointment mechanisms involve (1) little or no meaningful input from state government, (2) the states acting in an indirect role, or (3) substantial state government input. Within-group one, countries that allow for little to no meaningful input from state governments, some countries require that one federal body check another federal body during the appointment process, such as the federal executive’s nominees are confirmed by the federal senate. I first evaluate which court or entity in each country answers federalism questions, whether that is a ...


Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster 2021 Indiana University, Bloomington

Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster

Indiana Journal of Constitutional Design

This is a case study seeking to survey the landscape of constitutional courts in the MENA region after the Arab Spring. To accomplish this, the case study identifies the traditional functions of constitutional courts, then analyzes the design features present in post-Arab Spring constitutional courts to determine how and to what extent these design features help – or hinder – each court in fulfilling its traditional functions. Analysis of design features will focus on (1) which (and how many) constitutional matters the court is empowered to decide (court jurisdiction), (2) the processes by which a court is presented a matter upon which ...


Tindak Pidana Pencucian Uang, Yunus Husein 2021 Universitas Indonesia

Tindak Pidana Pencucian Uang, Yunus Husein

Indonesian Journal of International Law

Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No ...


Enhancing Maritime Security In The Malacca Strait: Cooperation Against Piracy And Maritime Terrorism, Rheny Wahyuni Pulungan 2021 Bengkulu University

Enhancing Maritime Security In The Malacca Strait: Cooperation Against Piracy And Maritime Terrorism, Rheny Wahyuni Pulungan

Indonesian Journal of International Law

The Malacca Strait, together with the Singapore Strait, are two of the most important straits in the world and consequently there is significant traffic through them, reported to be approximately 60,000 vessels a year. The rising number of violent and well-coordinated attacks on transiting ships in these straits has become a very serious problem, such as threats of unauthorized boarding; theft of personal property, cargo and the ships themselves; and violence against, and the kidnapping or murder of, seafarers. One effort which is likely to enhance security in the Malacca Straits is the establishment of 'joint patrol areas', where ...


Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah 2021 Faculty of Law, Universitas Indonesia

Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah

Indonesian Journal of International Law

International armed conflicts is not only threatened the existence of human being, but also brought great environmental damage that has served to raise the international community's deep concern. The conflicting parties are liable for violations of their international obligations including damages to the environment. The obligations of warring parties to protect the environment are sourced not only from treaty law but also from customary law. Even though the conflict has ceased, they are still liable for the violations as long as the damages continue. That is why the legal concept of State offers an important doctrine in international conflicts ...


Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal 2021 International Law Departement, Syiah Kuala University, Banda Aceh, Indonesia.

Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal

Indonesian Journal of International Law

Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should ...


Author's Right Is Not Only Copyright, Agus Sardjono 2021 Faculty of Law, Universitas Indonesia

Author's Right Is Not Only Copyright, Agus Sardjono

Indonesian Journal of International Law

This article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright.


America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel 2021 New York Law School

America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel

Other Publications

No abstract provided.


But Why Him? A Review Of The Tenth Justice: Judicial Appointments, Marc Nadon, And The Supreme Court Act Reference, By Carissima Mathen And Michael Plaxton, Andrew Flavelle Martin 2021 Schulich School of Law, Dalhousie University

But Why Him? A Review Of The Tenth Justice: Judicial Appointments, Marc Nadon, And The Supreme Court Act Reference, By Carissima Mathen And Michael Plaxton, Andrew Flavelle Martin

Dalhousie Law Journal

To the great benefit of the Canadian legal community and the Canadian public, the authors have created an extensive, concise, and highly readable account of the Nadon saga. Anyone unfamiliar with the purported appointment of Justice Nadon to the Supreme Court of Canada, the Reference re Supreme Court Act, ss 5 and 6 (also known as the Nadon Reference), and the aftermath will find this book invaluable. I expect this work will become the definitive and authoritative account of this saga and that it will be indispensable to future scholars.

I begin this review with a brief overview of the ...


Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc 2021 School of Law, Vietnam National University, Vietnam

Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc

Indonesian Journal of International Law

No abstract provided.


Visually Impaired Persons And Access To Copyrighted Works: The Indian Roadmap, Anaja Girish, Saraswathy Vaidyanathan 2021 Cochin University of Science and Technology, India

Visually Impaired Persons And Access To Copyrighted Works: The Indian Roadmap, Anaja Girish, Saraswathy Vaidyanathan

Indonesian Journal of International Law

The copyright regime poses challenges to visually impaired persons, such as the inability to access books written in a format suitable for their reading needs. Therefore, in 2013, the Marrakesh Treaty to Facilitate Access to Published Works for Blind Persons, Visually Impaired, or Otherwise Print Disabled was carried out to resolve these challenges. India has adopted certain exceptions in its copyright regime, which facilitate access to the visually impaired. However, the beneficial effects of these provisions remain debatable. This research is based on an empirical study conducted on the effectiveness of the provisions of the Indian Copyright Act on facilitating ...


Critical Examination Of The Intellectual Property Regimes In The Gulf-Co-Operation Council (Gcc) States, Nadia Naim 2021 Coventry University, United Kingdom

Critical Examination Of The Intellectual Property Regimes In The Gulf-Co-Operation Council (Gcc) States, Nadia Naim

Indonesian Journal of International Law

The research focuses on the intellectual property developments made by the member states of the GCC and how intellectual property development and subsequent deployment, can act as a catalyst for financial prosperity. The main purpose of the research is to analyse and examine the intellectual property provisions currently in existence within the states of the GCC. The aim is to provide recommendations to improve the current level of intellectual property protection at both a national level and at a state level in the GCC through an integrated intellectual property protection model. There have been three main stages in the development ...


The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin 2021 Faculty of Law, Sebelas Maret University, Indonesia

The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin

Indonesian Journal of International Law

Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of ...


A Roadmap To Revising Ethiopia’S Gender Discriminatory Laws: A Comparative Analysis, Rangita de Silva de Alwis 2021 University of Pennsylvania Carey Law School

A Roadmap To Revising Ethiopia’S Gender Discriminatory Laws: A Comparative Analysis, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

Ethiopia is Africa's oldest independent country, the second-most populous nation in Africa, and one of the founding members of the Organization of African Unity (OAU), which was established on 25 May 1963 and replaced by the African Union (AU) in 2002. The headquarters of the AU is based in Addis Ababa. Today, Ethiopia has the largest GDP in East Africa and its economy is also one of the fastest growing economies in the world.

Ethiopia is one of the few countries in the world which had achieved gender parity in the cabinet, and where women hold the positions of ...


Digital Commons powered by bepress