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The Legacy Of Srebrenica: Potential Consequences Of Reducing Liability For Troop Contributing Countries In Modern Un Peacekeeping Operations, Kelsey Gasseling 2017 Boston College Law School

The Legacy Of Srebrenica: Potential Consequences Of Reducing Liability For Troop Contributing Countries In Modern Un Peacekeeping Operations, Kelsey Gasseling

Boston College International and Comparative Law Review

In 2014 the District Court of The Hague returned its decision in a case concerning peacekeeper (Dutchbat) wrongdoing during the 1995 massacre at Srebrenica, Bosnia-Herzegovina. The district court dismissed the UN as party to the suit, basing this decision on the organization’s statutory immunity from prosecution. As a basis for holding the Netherlands liable for Dutchbat’s actions, the district court utilized the effective control standard. This standard triggered liability for conduct undertaken either under direct order from Dutch officials, or in violation of the mission mandate. The district court strictly interpreted effective control, concluding the Netherlands was liable ...


Zuchtvieh-Export Gmbh V. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation And Territorial Sovereignty, David Mahoney 2017 Boston College Law School

Zuchtvieh-Export Gmbh V. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation And Territorial Sovereignty, David Mahoney

Boston College International and Comparative Law Review

In Zuchtvieh-Export GmbH v. Stadt Kempten, the European Court of Justice ruled that a European Council regulation that protects animal welfare during transport applies to the stages of a journey outside of the European Union (EU), if that journey commenced within the EU. This ruling by the European Court of Justice has been praised as it improves animal transport conditions outside of the EU. However, transport companies and governments outside of the EU are less welcoming of the ruling. The ruling highlights the difficulty in determining when and how such a regulation should be applied abroad. It also raises the ...


Democracy In Brazil: The Evolving Role Of The Country’S Supreme Court, Dias Toffoli 2017 Brazilian Supreme Court

Democracy In Brazil: The Evolving Role Of The Country’S Supreme Court, Dias Toffoli

Boston College International and Comparative Law Review

The objective of this paper is to analyze the functions of the Brazilian Supreme Court and the need to attribute to a single specific entity the roles of guardian of the constitution, court of the federation, and moderator of political and social conflicts. It is also important to stress the relevance of the Brazilian Supreme Court as a criminal court, overseeing inquiries and criminal suits involving federal authorities entitled to the prerogative of privileged jurisdiction.


The Role Of Federalism In International Law, Edward L. Rubin 2017 Vanderbilt University

The Role Of Federalism In International Law, Edward L. Rubin

Boston College International and Comparative Law Review

Because federalism grants partial autonomy to subunits of a nation, it has potentially broad implications for the prevailing system of international law, which is centered around the integrity of nation states. Military intervention in the internal affairs of a nation to protect human rights or combat terrorist activity might be regarded as more justifiable if the people being protected are members of a federalized subunit. Alternatively, foreign nations may feel more justified in establishing trade or cultural relations with a subunit of a nation, over objections by the nation’s government, if the subunit has federalized status. In other words ...


Don’T Ask Me About My Business: The Mafia’S Exploitation Of The European Migration Crisis, Natalie Cappellazzo 2017 Boston College Law School

Don’T Ask Me About My Business: The Mafia’S Exploitation Of The European Migration Crisis, Natalie Cappellazzo

Boston College International and Comparative Law Review

Old meets new as the Italian mafia capitalizes on the European migration crisis. Beginning with the coordination of Mediterranean voyages and ending with the indefinite exploitation of refugees at mafia-run migrant camps, the mafia has found an opportunity to profit from the crisis at every step of the way. With no end to the constant influx of refugees in sight, and verging on a humanitarian crisis within the camps’ walls, Italy faces a serious problem that requires a multifaceted solution. The Dublin regulations, which mandate registration and application for asylum in the first European Union country of entry, are in ...


A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr 2017 Liberty University

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem ...


Comparative Constitutional Law As A Window On Democratic Institutions, Sam Issacharoff 2017 NELLCO

Comparative Constitutional Law As A Window On Democratic Institutions, Sam Issacharoff

New York University Public Law and Legal Theory Working Papers

Post-World War II, much of international law and comparative law has been directed to the question of securing human rights. As rights jurisprudence developed, so too did a focus on national and international courts as the source of the basic guarantees owed to citizens by all states. As a result, much of comparative constitutional law turned to a search for universal commands based either on human rights law or socio-economic rights deemed essential for civilized existence.

Also following the war came another institutional development, perhaps less noted, yet of great significance, particularly for the democracies that emerged after the fall ...


The Road To Yamoussoukro, Vivica Brown 2017 Brakkam Aviation Management

The Road To Yamoussoukro, Vivica Brown

Journal of Comparative Urban Law and Policy

Air transportation plays an important role in any country’s evolution because it accelerates the convergence of goods and people. Creating a cooperative air transport system could unlock the potential for a long awaited, remarkable economic growth in Africa. “The African aviation market is perhaps one that has the most potential for growth out of the global regions, due to it being a comparatively young industry and servicing a large and rapidly developing population.” Africa is home to 15.96% of the world’s population, over 1.1 billion people, but it still accounts for less than 4% of the ...


Some Rough Historical Parallels Between South Africa And The United States, Denis Binder 2017 Chapman University

Some Rough Historical Parallels Between South Africa And The United States, Denis Binder

Journal of Comparative Urban Law and Policy

No abstract provided.


The Democratic Street, Sudarshan Tiwari 2017 Tribhuvan University

The Democratic Street, Sudarshan Tiwari

Journal of Comparative Urban Law and Policy

No abstract provided.


Anti-Money Laundering Initiatives For The South African Real Estate Market, Jeffrey R. Boles 2017 Temple University

Anti-Money Laundering Initiatives For The South African Real Estate Market, Jeffrey R. Boles

Journal of Comparative Urban Law and Policy

No abstract provided.


Financial Inclusion In South Africa: An Integrated Framework For Financial Inclusion Of Vulnerable Communities In South Africa's Regulatory System Reform, Lydie Louis, Frederic Chartier 2017 Hult International Business School

Financial Inclusion In South Africa: An Integrated Framework For Financial Inclusion Of Vulnerable Communities In South Africa's Regulatory System Reform, Lydie Louis, Frederic Chartier

Journal of Comparative Urban Law and Policy

Vulnerable communities in developing countries like the poor in South Africa are not included in their country’s formal economy because the poor have little or no access to financial services. As such, the poor struggle to survive, and to capture the interests of the banking industry to provide them with access to affordable financial services. Public-private financial inclusion initiatives have been insignificant or proven unsustainable to include the poor into the financial fabric of their domestic country. This is because financial inclusion initiatives have primarily been defined, and designed as a “social responsibility” by the government and the banking ...


Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor 2017 Perimeter College of Georgia State University

Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor

Journal of Comparative Urban Law and Policy

After apartheid was repealed in South Africa, the country’s system of forced segregation officially ended. Vestiges of racial discrimination remain, however, including spatial segregation in housing, income inequality, and huge disparities in the government’s provisioning of basic services. The poorest of South Africa’s citizens live in peripheral communities, far from city centers and employment hubs. The poorest communities often lack safe streets and safe toilets. Whereas wealthier South Africans are able to pay private policing companies to provide armed security, those in the poorest of communities must live with regular fear of violent crime. The problem is ...


Citizen's Co-Production Of Public Safety As A Symptom Of State Failure: The Case Of South African Vigilantism, Dawid Szescilo 2017 University of Warsaw

Citizen's Co-Production Of Public Safety As A Symptom Of State Failure: The Case Of South African Vigilantism, Dawid Szescilo

Journal of Comparative Urban Law and Policy

The growing interest in co-production of public services reflects the need to liberate from the dichotomy between state and market provision. Whereas the concept of co-production is not new, it gained broader recognition among public administration scholars in recent years. What is characteristic for the academic discourse on this idea, is a strong focus on the benefits of co-production such as effectiveness, efficiency, responsiveness and quality of public services. This article provides more critical insight into co-production of public security by exploring the phenomenon of vigilantism in South Africa. The major aim of this article is to examine the major ...


Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs 2017 University of Tennessee

Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs

Journal of Comparative Urban Law and Policy

No abstract provided.


New Forms Of Inequality In Cape Town: A Comparative Economic And Legal Study To Defend The Right To Housing, Wellington Migliari 2017 University of Barcelona

New Forms Of Inequality In Cape Town: A Comparative Economic And Legal Study To Defend The Right To Housing, Wellington Migliari

Journal of Comparative Urban Law and Policy

Inequality has been a topic in the core of many studies about urban development. Different theories contributed enormously to innovative reflections on the 2008 global financial crisis. However, the perverse economic practices on city construction and the housing issues remain. The aim of the present article is to show how far the right to housing in Cape Town has been affected by risky real estate investments. Unemployment rates, public money being involved in the property market and mortgage system for speculative purposes are some of the dependent variables that can shed light on these new urban forms of inequality in ...


Affordable Housing, Zoning And The International Covenant On Economic, Social And Cultural Rights: Some Lessons From The Spanish And South African Experiences, Juli Ponce 2017 University of Barcelona

Affordable Housing, Zoning And The International Covenant On Economic, Social And Cultural Rights: Some Lessons From The Spanish And South African Experiences, Juli Ponce

Journal of Comparative Urban Law and Policy

No abstract provided.


Density, Affordable Housing And Social Inclusion: A Modest Proposal For Cape Town, Colin Crawford 2017 Tulane University Law School

Density, Affordable Housing And Social Inclusion: A Modest Proposal For Cape Town, Colin Crawford

Journal of Comparative Urban Law and Policy

No abstract provided.


The Concept Of Sustainable Development In The European Union Policy And Law, Maria Kenig-Witkowska 2017 University of Warsaw

The Concept Of Sustainable Development In The European Union Policy And Law, Maria Kenig-Witkowska

Journal of Comparative Urban Law and Policy

No abstract provided.


Equitable Access To Public Transport: Corridor Plans For Transit-Oriented Development In Soweto, South Africa And Boston, Massachusetts Compared, Janice Griffith 2017 Suffolk University Law School

Equitable Access To Public Transport: Corridor Plans For Transit-Oriented Development In Soweto, South Africa And Boston, Massachusetts Compared, Janice Griffith

Journal of Comparative Urban Law and Policy

The article argues that municipalities should play a major role in ensuring equitable access to public transportation and in planning for transit-oriented development. It presents two case studies that illustrate the importance of these undertakings. In South Africa, apartheid spatial and racial segregation resulted in the exclusion of non-white residents from the urban core where the economy was centered. These residents, who were forced to live in a city’s outlying areas, experienced considerable difficulty in commuting to the workplace. To address the lack of transportation equity, the City of Johannesburg, with support from the national and provincial governments, embarked ...


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