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Editorial, Christian N. Okeke 2018 Golden Gate University School of Law

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.


Masthead And Front Matter, 2018 Golden Gate University School of Law

Masthead And Front Matter

Annual Survey of International & Comparative Law

No abstract provided.


Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi 2018 Pepperdine University

Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi

Pepperdine Dispute Resolution Law Journal

Since India and Pakistan’s independence in 1947, both states have fought over the occupied territories of Kashmir to gain control of water supplies, which are strategically valuable. Even in recent times, the countries are facing constant threats from each other over several separate issues. India and Pakistan’s water conflicts are long-standing and relate to Indian infrastructure on the western tributaries. Pakistan is of the view that India is robbing Pakistan’s water supplies and building its water management capacity only as a political maneuver to gain political supremacy by practicing hydro-hegemony. On the other hand, India maintains that ...


Uniting Foes Of A Single Nation: Religious Dispute Resolution For India And Pakistan, Abraham Reinherz 2018 Pepperdine University

Uniting Foes Of A Single Nation: Religious Dispute Resolution For India And Pakistan, Abraham Reinherz

Pepperdine Dispute Resolution Law Journal

This article will bring forth the argument that a religious-based dispute resolution mechanism should be employed to, at a bare minimum, build bridges between the two countries that are dominated by Hinduism and Islam. This article is not suggesting that religious-based dispute resolution will be a panacea to the India-Pakistan conflict, but simply a method of putting the countries on a step towards reconciliation. Section II of the article will detail the historical background of the conflict. Section III will highlight existing ADR in both India and Pakistan. Section IV will go over the Islamic perspective on dispute resolution. Section ...


Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg 2018 University of Miami Law School

Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg

University of Miami Inter-American Law Review

No abstract provided.


The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger 2018 University of Miami Law School

The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger

University of Miami Inter-American Law Review

No abstract provided.


The Creation Of The Sierra Del Divisor National Park: The Conservation Of Foreign Investment In Peru, Or How A National Park Neglects To Fully Protect Natural Resources Or Indigenous Communities, Charles Short 2018 University of Miami Law School

The Creation Of The Sierra Del Divisor National Park: The Conservation Of Foreign Investment In Peru, Or How A National Park Neglects To Fully Protect Natural Resources Or Indigenous Communities, Charles Short

University of Miami Inter-American Law Review

No abstract provided.


Deforestation Caused By Illegal Avocado Farming: A Case Study On The Effectiveness Of Mexico’S Payment For Ecosystem Services Program, Olivia Hansen 2018 University of Miami Law School

Deforestation Caused By Illegal Avocado Farming: A Case Study On The Effectiveness Of Mexico’S Payment For Ecosystem Services Program, Olivia Hansen

University of Miami Inter-American Law Review

No abstract provided.


Comparative Law In A Time Of Nativism, Margaret Woo 2018 University of California, Hastings College of the Law

Comparative Law In A Time Of Nativism, Margaret Woo

Hastings International and Comparative Law Review

Pressures of globalization have strained population movements, restructured markets have led to widening economic divides, and terrorism has redefined national borders and identity. What we have seen in response is a rise in nationalism, nativism and in the extreme cases, isolationism. This inward turn seems to be true at least in the U.S. and in China. This turning inward presents a challenge to those of us who work in and champion the cause of comparative law, since comparative studies by its nature urges us to turn our gaze outward. This article examines what the turn to nativism means for ...


Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach, Jorge M. Farinacci-Fernós 2018 University of California, Hastings College of the Law

Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach, Jorge M. Farinacci-Fernós

Hastings International and Comparative Law Review

The relatively short catalogue of rights recognized by the Constitution of the United States, coupled with their near exclusive articulation as political and civil rights of a negative character opposable only to state action, has substantially narrowed the scope of analysis as to the different features and manifestations of constitutional rights in general. This has led the debate amongst U.S. scholars to focus their attention to rights as a sometimes simplistic dichotomy between negative political rights on the one hand, and positive socioeconomic rights on the other, which are more typically found in modern, teleological constitutions. In this brief ...


Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu 2018 University of California, Hastings College of the Law

Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu

Hastings International and Comparative Law Review

Secession becomes a source of controversies again both within and outside the United States. In both political discourse and public imagination, the image of secession of the South in the mid-nineteenth century, as well as the Civil War it triggered, occupies an important position. Conducted in blood, the end of the Civil War is usually thought to establish a constitutional rule that no state shall secede from the Union. Challenging the conventional understanding, recent legal scholarship has shown that the legality/constitutionality of secession did not receive a definitive, legal answer at Appomattox. But the question remains: Why so? Explaining ...


U.N. Security Council Resolution 1540: An Exemplary Model For A Framework To Safeguard Dangerous Dams Against Sabotage By Nonstate Actors, Ian Andrew Barber 2018 University of California, Hastings College of the Law

U.N. Security Council Resolution 1540: An Exemplary Model For A Framework To Safeguard Dangerous Dams Against Sabotage By Nonstate Actors, Ian Andrew Barber

Hastings International and Comparative Law Review

The purpose of this research is to explore how an international framework could be developed in order to safeguard large dams against sabotage by nonstate actors, such as terrorist organizations or hostile civilians. The necessity of an international security agreement to manage dams as a global security threat will be clearly substantiated via an analysis of three determinants: the possible magnitude of dam failure, the inadequacies of international law to regulate asymmetric warfare, and the evolving threat of dam sabotage in the developing world. Subsequently, various legal components and regulatory mechanisms from an existing international agreement will be considered with ...


U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley 2018 Duke Law School

U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley

Faculty Scholarship

There is no issue of foreign relations law more important than the allocation of authority over the use of military force. This issue is especially important for the United States given the frequency with which it is involved in military activities abroad. Yet there is significant uncertainty and debate in the United States over this issue — in particular, over whether and to what extent military actions must be authorized by Congress. Because U.S. courts in the modern era have generally declined to review the legality of military actions, disputes over this issue have had to be resolved, as a ...


Treaty Exit And Intra-Branch Conflict At The Interface Of International And Domestic Law, Laurence R. Helfer 2018 Duke Law School

Treaty Exit And Intra-Branch Conflict At The Interface Of International And Domestic Law, Laurence R. Helfer

Faculty Scholarship

This chapter, forthcoming in the Oxford Handbook of Comparative Foreign Relations Law, considers two important and unresolved issues raised by unilateral withdrawal from or denunciation of treaties. The first issue concerns whether treaty obligations end in both international and domestic law after a state leaves a treaty. Exit often produces the same effects in both legal systems, but some withdrawals bifurcate a treaty’s status, ending its obligations in domestic law but continuing to bind the state internationally, or vice versa. The second issue concerns denunciations initiated by different branches of government. The decision to withdraw from a treaty is ...


Temporary Legislation's Finest Hour?: Towards A Proper Model Of Temporary Legislation In Israel שעתן היפה של הוראות השעה?: לקראת מודל ראוי של חקיקה זמנית בישראל, Ittai Bar-Siman-Tov 2017 Bar-Ilan University

Temporary Legislation's Finest Hour?: Towards A Proper Model Of Temporary Legislation In Israel שעתן היפה של הוראות השעה?: לקראת מודל ראוי של חקיקה זמנית בישראל, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article discusses a major trend in Israeli legislation in recent years: the rise of temporary legislation in Israel. The first part of the article presents a first-of-its-kind empirical study that reveals that the Knesset is increasingly using temporary legislation, which is referred to in Israel as "temporary provisions." Against this background, the main purpose of the article is normative: to propose a model for proper use of temporary legislation in Israel. After reviewing the normative debate for and against temporary legislation, the article focuses on two central questions: When is it appropriate to make use of temporary legislation; and ...


A Necessary Decision Or An Unjustified "Major Deviation" From The Case Law?: Commentary On Hcj 10042/16 Quantinsky V. The Israeli Knesset In The Matter Of The Third Apartment Tax ?החלטה מתבקשת או "סטיה רבתי" בלתי מוצדקת מההלכה הפסוקה הערת פסיקה על בג"ץ 10042/16 קוונטינסקי נ' כנסת ישראל בעניין מס דירה שלישית, Ittai Bar-Siman-Tov 2017 Bar-Ilan University

A Necessary Decision Or An Unjustified "Major Deviation" From The Case Law?: Commentary On Hcj 10042/16 Quantinsky V. The Israeli Knesset In The Matter Of The Third Apartment Tax ?החלטה מתבקשת או "סטיה רבתי" בלתי מוצדקת מההלכה הפסוקה הערת פסיקה על בג"ץ 10042/16 קוונטינסקי נ' כנסת ישראל בעניין מס דירה שלישית, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article analyzes the judgment of the Supreme Court of Israel in HCJ 10042/16 Quantinsky v. the Israeli Knesset, which invalidated the “Third Apartment Tax” provisions in the Arrangements Law. This is one of the most important judgments in the field of judicial review of the legislative process and the first case that invalidated a law due to defects in its legislative process. The article argues that the judgment is characterized by a considerable gap between the positions of the Justices in the majority to the dissent opinion in characterizing the judgment and its relationship to the Poultry Growers ...


Revolution Or Continuity? Bank Hamizrachi's Role In The Development Of Judicial Review Models In Israel מהפכה או המשכיות?: מקומו של פסק דין בנק המזרחי בהתפתחות המודלים של ביקורת שיפוטית בישראל, Ittai Bar-Siman-Tov 2017 Bar-Ilan University

Revolution Or Continuity? Bank Hamizrachi's Role In The Development Of Judicial Review Models In Israel מהפכה או המשכיות?: מקומו של פסק דין בנק המזרחי בהתפתחות המודלים של ביקורת שיפוטית בישראל, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article examines the role of the Bank Hamizrachi case in the development of models of judicial review in Israel. The article analyzes the developments over the years in the attitude of the case-law toward the various models of judicial review: from the era of parliamentary sovereignty; through the Bergman case, which created a model of semi-procedural judicial review stemming from procedural constitutional entrenchment; and the Nimrodi case, which recognized the procedural model a few years before Bank Hamizrachi, which in turn, created the substantive constitutional model; to the Quantinsky ruling in the matter of a multi-apartment tax, which was ...


Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan 2017 Florida State University College of Law

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

Erin Ryan

This article explores the gritty intersections of daily life and environmental law in modern China, an industrial powerhouse still struggling to reconcile economic opportunity with breathable air, clean water, healthy food, and safe products.  With comparative perspective on analogous challenges in the United States, the article reports on these critical domestic challenges for China at a pivotal moment in its reemergence as a dominant world power.  China’s continued geopolitical rise may well hinge on its ability to respond successfully to the environmental causes of growing social unrest.
 
In 2011, in the midst of this maelstrom, I brought my husband ...


To Be Creditor Or To Be Shareholder, That Is The Question: Is The Debt-For-Equity Swap Creditors’ Financial Suicide?, Jongho Kim 2017 Pepperdine University

To Be Creditor Or To Be Shareholder, That Is The Question: Is The Debt-For-Equity Swap Creditors’ Financial Suicide?, Jongho Kim

The Journal of Business, Entrepreneurship & the Law

This Article deals with debt-for-equity swap-related issues in Korean corporate restructuring procedures. Debt-for-equity swaps were widely employed during the Latin American foreign debt restructuring process, but the Korean case is slightly different. Because the creditors of reorganizing corporations are mainly Korean domestic financial institutions rather than foreign creditors, this type of financial scheme is applied under local law. The following examines the legal aspects of debt-for-equity swaps, which have been promoted as a way to eliminate excessive insolvent loans and financial debts (and stood in the way of restructuring, via IMF bail-out funds). It also discusses how a debt-for-equity swap ...


How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto de Andrade Barbosa, Carlos Henrique Borlido Haddad 2017 University of Michigan Law School

How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad

Articles

Over the last decades, the Brazilian state has engaged in concerted legal efforts to identify and prosecute cases of what officials refer to as “slave labor” (trabalho escravo). At a conceptual level, the campaign has paired the constitutional protection of human dignity and the “social value of labor” with an expansive interpretation of the offense described in Article 149 of the Criminal Code as “the reduction of a person to a condition analogous to that of a slave.” At the operational level, mobile teams of inspectors and prosecutors have intervened in thousands of work sites, and labor prosecutors have obtained ...


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