Foreign Law Commons^™

What Can We Do To Fight Discrimination?, Inclusion Europe

GLADNET Collection

[Excerpt] Inclusion Europe speaks for people with intellectual disability and their families. Our members are organisations of self-advocates and parents from 33 countries in Europe.

Costa Rica: Ley No 7600 Igualdad De Oportunidades Para Las Personas Con Discapacidad

GLADNET Collection

No abstract provided.

Relation Between International Law And Municipal Law, Edwin Borchard

Faculty Scholarship Series

Recent events on this continent make it seem appropriate once more to discuss the much – debated question of the relation between international law and municipal law. For one school, the dualists, municipal law prevails in case of conflict; for the other school, the monists international law prevails. There are two special features about the debate which warrant mention: first, that while the disputants do not widely differ in the ultimate solution of practical problems, they do differ considerably in their major premises and in the resulting theories; and second, that the attempt of various countries on occasion to escape the ...

Jury Systems Around The World, Valerie P. Hans

Cornell Law Faculty Publications

Lay citizens participate as decision makers in the legal systems of many countries. This review describes the different approaches that countries employ to integrate lay decision makers, contrasting in particular the use of juries composed of all citizens with mixed decision-making bodies of lay and law-trained judges. The review discusses research on the benefits and drawbacks of lay legal decision making as well as international support for the use of ordinary citizens as legal decision makers, with an eye to explaining a recent increase in new jury systems around the world. The review calls for more comparative work on diverse ...

Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia

Honors Scholar Theses

In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India ...

The Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons, Stefaan Smis, Kim Van Der Borght

Georgia Journal of International & Comparative Law

No abstract provided.

The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller

Articles

Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse - a tragedy of the commons. Depleted fisheries and ...

Impediments To Human Rights Protection In Nigeria, Jacob Abiodun Dada

Annual Survey of International & Comparative Law

The promotion and protection of human rights have engaged the attention of the world community, and though the African country of Nigeria has subscribed to major international human rights instruments, violations continue to occur with disturbing frequency and regularity in that nation. Why is this so? This article examines the multifarious and multidimensional impediments which have hamstrung meaningful enjoyment of human rights in Nigeria. It points out the shortcomings of the dualist model under the Nigerian Constitution and stresses the objectionable wide amplitude of the derogation clauses. It also makes suggestions for reform.

Cite as: 18 Annl. Survey Int'l ...

The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria, Elizabeth Peiffer

William & Mary Journal of Women and the Law

No abstract provided.

Indian Pharmaceutical Patent Law And The Effects Of Novartis Ag V. Union Of India, William J. Bennett

Washington University Global Studies Law Review

This Note gives a brief overview of Indian patent law as it relates to pharmaceuticals, considers the challenges the law is currently facing, and suggests some possible ways that India may wish to approach those challenges. Part II provides a cursory discussion of India’s pharmaceutical industry and its place in the world today. Part III traces the history of Indian patent law. Part IV focuses on the growing globalization of intellectual property law and India’s involvement in the WTO and adherence to TRIPS. Part V describes TRIPS Section 3(d) and its requirements for patentability, and Part VI ...