Front Matter And Table Of Contents, 2019 University of Miami Law School
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, 2019 University of Miami Law School
Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, Ángel R. Oquendo
University of Miami Inter-American Law Review
The regulation of incorporated companies in Latin America and Continental Europe appears to distance itself from that in the United States. It differs in how it structures itself and handles incorporation, incorporators, piercing, governance, discipline, and shareholders. In their regulatory exertions, both regimes rely, certainly, on legislation and adjudication yet do so differently, qualitatively in addition to quantitatively.
Apparently, civil and common law continue to specialize respectively though not exclusively in statutes and binding precedents. Still, they ever more frequently intrude into each other’s apparent specialty, while leaving their own imprint on it. The tendency to converge coexists with that …
How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, 2019 University of Miami Law School
How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears
University of Miami Inter-American Law Review
“How Animal Science Products, Inc. Plays a Role in the China and U.S. International Relations Saga” takes a look at a June 2018 Supreme Court decision that ruled federal courts are not bound to defer to a foreign government’s interpretation of its own law. This paper discusses the pros and cons of absolute deference to foreign governments in these instances, in addition to examining the effectiveness of foreign amicus briefs in antitrust cases before the Supreme Court. This paper finishes with a discussion on the current state of international relations China and the U.S., with a summary of where the …
International Commercial Arbitration Law And Practice In Thailand, 2019 Penn State Law
International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai
SJD Dissertations
International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …
Aligning Investment Treaties With Sustainable Development Goals, 2019 Columbia Law School, Columbia Center on Sustainable Investment
Aligning Investment Treaties With Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel
Columbia Center on Sustainable Investment Staff Publications
Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.
A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.
The paper proposes that IIAs should be designed and evaluated with respect to their ability to …
The Words Of Comparative Law, 2019 Louisiana State University Law Center
The Words Of Comparative Law, Olivier Moréteau
Journal Articles
While the word "comparative" refers to a cognitive and intellectual activity supposing that there are several elements to compare, the word "law" is used in the singular, as if law was to be compared to itself The whole phrase indicates that comparison takes place within the study of the law, but the use of the singular does not point to a pluralistic approach: what do we mean by law? Should we not talk about "comparing the laws" or "legal comparison"? With a reflection on the words of the law as a starting point, this paper visits the corpus of comparative …
‘Overreaching’ Or ‘Overreacting’? Reflections On The Judicial Function And Approaches Of Wto Appellate Body, 2019 Singapore Management University
‘Overreaching’ Or ‘Overreacting’? Reflections On The Judicial Function And Approaches Of Wto Appellate Body, Weihuan Zhou, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since 2017, the US has blocked appointments to the WTO Appellate Body (AB), citing various concerns over its judicial approach, with the most significant being the issue of judicial overreach. This article provides a critical analysis of this issue and makes important contributions to the ongoing debate. Drawing on the fundamental function of the WTO, it offers a fresh approach to assess judicial overreach and shows that AB rulings in major non-trade remedy cases (that have consistently concerned the US) have served that function and hence should not be treated as ‘overreaching’. We argue that, the allegation of judicial overreach, …
Acceptance Speech For Lifetime Achievement Award From Canadian Prison Lawyers Association, 2019 University of British Columbia, Allard School of Law
Acceptance Speech For Lifetime Achievement Award From Canadian Prison Lawyers Association, Michael Jackson Qc
Dalhousie Law Journal
Acceptance Speech for Lifetime Achievement Award from Canadian Prison Lawyers Association
Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, 2019 Pepperdine University
Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, Rachel E. Zarrabi
Journal of the National Association of Administrative Law Judiciary
This comment explores the types of legislation, approaches to regulating e-cigarettes, and analyzes whether the FDA’s campaign and current regulations are effective. So far, it appears that the United States is ahead of the game with its new, aggressive proposal for regulating e-cigarettes. The FDA is standing against the companies and products that target youthful consumers. Most countries acknowledge the gaps in current scientific research regarding the long-term health risks of vaping, and some are waiting to take a legislative stance until it is clearer which side of the health line e-cigarettes fall. Section II of this comment discusses the …
Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation, 2019 Pepperdine University
Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation, Lauren Jacobs
Journal of the National Association of Administrative Law Judiciary
The American cosmetics industry is not required by the Food and Drug Administration (FDA) to conduct pre-market safety assessments of cosmetics. The FDA only reviews personal care products when people voluntarily report problems. Further, companies continue to test animals for cosmetics, despite the FDA’s recommendation that manufacturers seek more humane and accurate testing. Although the FDA does not require animal testing for product safety or premarket approval, the United States is one of the largest users of laboratory animals for product testing. There are two pending pieces of legislation, which if passed would be the first acts of cosmetic regulation …
Hardware, Heartware, Or Nightmare: Smart-City Technology And The Concomitant Erosion Of Privacy, 2019 Georgia State University
Hardware, Heartware, Or Nightmare: Smart-City Technology And The Concomitant Erosion Of Privacy, Leila Lawlor
Journal of Comparative Urban Law and Policy
Smart city technology is being adopted in cities all around the world to simplify our lives, save us time, ease traffic, improve education, reduce energy usage and keep us safe. This article discusses smart city projects being utilized in crime prevention and investigations. Specifically, this article highlights examples of gunshot detection devices and surveillance that have led to improvements in public safety in Cape Town, Chicago and Atlanta, and discusses their impacts to privacy.
A Comparison Of Two Smart Cities: Singapore & Atlanta, 2019 Georgia State University College of Law
A Comparison Of Two Smart Cities: Singapore & Atlanta, Karen Johnston
Journal of Comparative Urban Law and Policy
This paper compares Singapore's top-ranked smart city strategy to Atlanta, Georgia, a city that does not make a top smart city ranking but boasts internationally recognized smart city projects.
The Deceptive Allure Of Singapore's Urban Planning To Urban Planners In America, 2019 Chapman University
The Deceptive Allure Of Singapore's Urban Planning To Urban Planners In America, Denis Binder
Journal of Comparative Urban Law and Policy
This article explores Singapore's history, urban planning history, and present day urban planning strategies as compared to the United States.
Singapore, Land Use And The Lessons For Human Development, 2019 University of Barcelona
Singapore, Land Use And The Lessons For Human Development, Wellington Migliari
Journal of Comparative Urban Law and Policy
A study of the impact of using land use controls as a strategic tool to further human development among all social classes is presented. We advocate that human rights include a long-term practice of combining public policies, manufacturing industry, and property system. Further, this study strives to educate economists and those in other academic areas (e.g. humanities) on the importance of considering land use, ownership, and urban planning with economics to form a new theory of developmentalism. Singapore provides a case study demonstrating similar aspects that may shed light on that debate. The Housing & Development Board and the Urban …
Providing For Open Space Corridors: Two Examples, 2019 Georgia State University College of Law
Providing For Open Space Corridors: Two Examples, Edward Sullivan
Journal of Comparative Urban Law and Policy
This paper examines the efforts of two jurisdictions to respond to public demands that land be set aside for active or passive recreational use. The response to those demands reflects the different social, political and economic circumstances of those jurisdictions in allocating public and private lands for these uses.
Rainwater Harvesting: Legal Frameworks In The United States, Singapore And Other Countries, 2019 Georgia State University College of Law
Rainwater Harvesting: Legal Frameworks In The United States, Singapore And Other Countries, Julian Conrad Juergensmeyer, Audra Durham
Journal of Comparative Urban Law and Policy
With increasing climate change effects worldwide, rainwater harvesting is likely to become more and more important to ensure reliable alternative water supply and to conserve the environment. This article examines two goals to be accomplished through rainwater harvesting: (1) augmenting water supply for proposed development’s use through regulations that have been formulated to make the proposed development responsible for at least a portion of the water supply needed to support the new development; and (2) managing stormwater runoff. The results show that many, perhaps most, rainwater harvesting programs, as exemplified by efforts in Singapore and elsewhere around the world, succeed …
The European Union Perspective On Cultural Heritage And Climate Change Issues, 2019 University of Warsaw
The European Union Perspective On Cultural Heritage And Climate Change Issues, Maria Kenig-Witkowska
Journal of Comparative Urban Law and Policy
The paper examines the European Union perspective on the cultural heritage and climate change issues. It starts with drawing up the international law approach to the subject. Whereas the studies on impact of climate change on human environment have become fundamental research in various fields of science, the international community has not yet carried on any serious discussion on the issue of the protection of the cultural heritage in this context. In the first part of this paper the cultural heritage and climate change issues will be discussed from two perspectives - the 1972 World Heritage Convention, and the 1992 …
Coastal Cultural Heritage Protection In The United States, France And The United Kingdom, 2019 Georgia State University College of Law
Coastal Cultural Heritage Protection In The United States, France And The United Kingdom, Ryan Rowberry, Ismat Hanano, Sutton M. Freedman, Michelle Wilco, Cameron Kline
Journal of Comparative Urban Law and Policy
Exacerbated by climate change, sea levels are rising rapidly. This poses a significant, immediate threat to coastal or riverine urban areas and the tangible cultural heritage (e.g. artifacts, buildings, monuments, archaeological sites) that makes them unique. Protecting coastal cultural resources from climate change is quickly becoming a global priority, and comparing cultural heritage laws designed to protect historic resources in coastal areas from several countries may illuminate potential paths forward. Following a brief discussion of the economic and public health benefits arising from the protection of cultural heritage, this article describes, examines, and compares the legal frameworks through which the …
Introduction, 2019 Georgia State University College of Law
Introduction, Julian Conrad Juergensmeyer, Karen Johnston
Journal of Comparative Urban Law and Policy
No abstract provided.
Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, 2019 Pepperdine University
Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, Calvin Jonker
The Journal of Business, Entrepreneurship & the Law
Many international business transactions integrate an arbitration clause into the agreement as companies choose to keep potential disputes out of the court systems. Enforcement of the awards rendered pursuant to such agreements is straightforward in the United States thanks to the Federal Arbitration Act, as long as the United States is the forum for the arbitration proceeding. Even if the forum is outside of U.S. jurisdiction, several treaties, namely the Panama Convention and the New York Convention, provide for recognition of a foreign arbitrated award by U.S. courts, as well as recognition by U.S. courts of any annulment or suspension …