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2009

Comparative and Foreign Law

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Articles 1 - 30 of 111

Full-Text Articles in Law

Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo Dec 2009

Reflections On A Visit To Karachi: A Small World, After All, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law Oct 2009

Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law

World Energy Justice Conference (October 23-24)

The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).

The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law ...


New Standards Of Justice: Uncovering Motivations For Mexico’S Recent Judicial Reforms Amid A Security Crisis, Kindra Mohr Oct 2009

New Standards Of Justice: Uncovering Motivations For Mexico’S Recent Judicial Reforms Amid A Security Crisis, Kindra Mohr

Law and Justice in the Americas Working Paper Series

From the introduction:

Mexico is in a state of siege. In recent years, organized crime and drug-related violence have escalated dramatically, taking innocent lives and leaving the country mired in bloodshed. The Mexican government, under the leadership of President Felipe Calderón, has responded in part by significantly extending the reach of its security operations, deploying thousands of federal police officers and military troops to combat the activities of drug cartels, and collaborating with the United States on an extensive regional security plan known as the Mérida Initiative. In the midst of the security crisis, however, the government has somewhat paradoxically ...


Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen Oct 2009

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Faculty Publications and Presentations

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother's former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in ...


Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot Oct 2009

Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot

Scholarly Publications

Canada’s greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol, and that rise has continued through Canada’s 2002 ratification of the Protocol. Along with economic dislocation, constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases. This article critically evaluates the constitutional arguments and examines the policy considerations surrounding various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian constitution does not present any significant barriers to federal or provincial regulation and that policy considerations strongly favour the use of ...


Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene Oct 2009

Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene

All Faculty Scholarship

In many states, past property theft is a volatile political issue that threatens to destabilize nascent democracies. How does a state avoid instability when past property theft causes a significant number of people to believe that the property distribution is illegitimate? To explore this question, I first define legitimacy relying on an empirical understanding of the concept. Second, I establish the relationship between inequality, illegitimate property distribution, and instability. Third, I describe the three ways a state can achieve stability when faced with an illegitimate property distribution: by using its coercive powers, by attempting to change people’s beliefs about ...


Methodological Approaches To Comparative Law, Roger Williams University School Of Law Oct 2009

Methodological Approaches To Comparative Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb Bank Bhd V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Adeline Swee Ling Chong Sep 2009

Void Contracts And The Applicability Of Choice Of Law Clauses To Consequential Restitutionary Claims: Cimb Bank Bhd V Dresdner Kleinwort Ltd [2008] 4 Slr 543, Adeline Swee Ling Chong

Research Collection School Of Law

This note examines the Singapore Court of Appeal’s judgment in CIMB Bank Bhd v Dresdner Kleinwort Ltd, focusing specifically on what role, if any, should be played by a choice of law clause contained in a void contract in relation to the restitutionary aftermath of voidness.


Remarks, More Remarks And A Grounds Of Decision: One Judgment Too Many? Tt Durai V Public Prosecutor, Unreported Magistrate's Appeal, S. Chandra Mohan Sep 2009

Remarks, More Remarks And A Grounds Of Decision: One Judgment Too Many? Tt Durai V Public Prosecutor, Unreported Magistrate's Appeal, S. Chandra Mohan

Research Collection School Of Law

In May 2008, the High Court dismissed the appeal of former NKF CEO, T T Durai, against his conviction and sentence. What is little known is that one of Durai's six grounds of appeal was in fact upheld. The appellate judge subsequently devoted nine out of 12 paragraphs of his four-page Grounds of Decision, to explain is reasons for doing so. Although this ruling did not affect the final outcome of the Durai appeal, it has to some extent helped to settle a question that has vexed criminal law practitioners in recent years. This concerns the legality and propriety ...


Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden Aug 2009

Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden

Faculty Scholarship at Penn Law

International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a public law nature. Yet, arbitral tribunals continue to apply standards of review derived from the private law origins of international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent jurisprudence with regard to the applicable standard for reviewing a state's public regulatory activities. This problematic approach is evidenced by a recent series of cases brought by foreign investors against Argentina challenging the economic recovery program launched after a massive financial collapse and has called into ...


A Universal Enemy? Legal Regimes Of Exclusion And Exemption Under The ‘Global War On Terror', Darryl Li Aug 2009

A Universal Enemy? Legal Regimes Of Exclusion And Exemption Under The ‘Global War On Terror', Darryl Li

Student Scholarship Papers

This essay argues that the ongoing U.S.-driven “Global War on Terror” stands apart from similar state campaigns in its special focus on confronting “foreign fighters” – armed transnational non-state Islamists operating outside their home countries – in places where the U.S. is no less foreign. This global hunt for foreign fighters animates diverse attempts to exclude similarly “out of place” Muslim migrants and travelers from legal protection by reshaping laws and policies on interrogation, detention, immigration, and citizenship. Yet at the same time, certain other outsiders – namely the U.S. and its allies – enjoy various forms of exemption from ...


Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal Jul 2009

Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal

Working Paper Series

In this article, we posit that when arbitral tribunals decide international disputes, they typically fail to fully compensate claimants for the loss of the use of their money. This failure occurs because they do not acknowledge that businesses typically invest in opportunities that pose a significantly greater risk than the risk reflected in such commonly used standards as U.S. T-bills and LIBOR rates. Claimants also must share the blame when they do not set out a well-constructed claim for interest as damages. However, even when claimants do so, tribunals often award damages at a statutory rate or at rate ...


Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks Jul 2009

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that ...


Changing The Paradigm Of Stock Ownership From Concentrated Towards Dispersed Ownership? Evidence From Brazil And Consequences For Emerging Countries, Érica Gorga Apr 2009

Changing The Paradigm Of Stock Ownership From Concentrated Towards Dispersed Ownership? Evidence From Brazil And Consequences For Emerging Countries, Érica Gorga

Cornell Law Faculty Publications

This paper analyzes micro-level dynamics of changes in ownership structures. It investigates a unique event: changes in ownership patterns currently taking place in Brazil. It builds upon empirical evidence to advance the theoretical understanding of how and why concentrated ownership structures can change towards dispersed ownership.

Commentators argue that the Brazilian capital markets are finally taking off.

The number of listed companies and Initial Public Offerings (IPOs) in the São Paulo Stock Exchange (Bovespa) has greatly increased. Firms are migrating to Bovespa's special listing segments, which require higher standards of corporate governance. Companies have sold control in the market ...


The Perilous Dialogue, Laura K. Donohue Apr 2009

The Perilous Dialogue, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The master metaphor in the national security dialogue is, indeed, “security or freedom”. It dominates the counterterrorist discourse both in the United States and abroad. Transcripts from debates in Ireland’s Dáil Éireann, Turkey’s Büyük Millet Meclisi, and Australia’s Parliament are filled with reference to the need to weigh the value of liberty against the threat posed by terrorism. Perhaps nowhere is this more pronounced than in the United Kingdom, where, for decades, counterterrorist debates have turned on this framing. Owing in part, though, to different constitutional structures, what “security or freedom” means in ...


Rethinking ‘Preventive Detention’ From A Comparative Perspective: Three Frameworks For Detaining Terrorist Suspects, Stella J. Burch Mar 2009

Rethinking ‘Preventive Detention’ From A Comparative Perspective: Three Frameworks For Detaining Terrorist Suspects, Stella J. Burch

Student Scholarship Papers

President Barack Obama has convened a multiagency taskforce whose remit includes considering whether the U.S. should develop a new system of ‘preventive detention’ to hold terrorist suspects. American scholars and advocates who favor the establishment of a ‘preventive detention’ regime in the United States frequently point to comparative examples in support of their argument. At the same time, advocates and scholars opposed to the introduction of such a system often turn to comparative law to bolster their arguments against ‘preventive detention.’ Thus far, however, the scholarship produced by both sides of the debate has been limited in two key ...


Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh Mar 2009

Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh

Cornell Law Faculty Working Papers

The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance ...


Information Disclosure, Risk Trading And The Nature Of Derivative Instruments: From Common Law Perspective, Christopher Chao-Hung Chen Mar 2009

Information Disclosure, Risk Trading And The Nature Of Derivative Instruments: From Common Law Perspective, Christopher Chao-Hung Chen

Research Collection School Of Law

This paper explores issues of pre-contractual disclosure for derivative instruments, of which this paper describes as contracts to trade risks, in the UK and US. While there is no general duty of disclosure in common law, this paper focuses on whether there should be a duty of disclosure for derivative instruments by comparing with securities law and insurance law. This paper argues that mandatory disclosure in the securities market cannot be extended to exchange-traded futures contracts (save where securities are involved) because of the nature of securities. In addition, this paper argues that derivative instruments, though similar to insurance in ...


Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton Feb 2009

Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton

Student Scholarship Papers

This Article examines a feminist argument concerning the gendered structure of tort law, according to which the limited recognition of indirect emotional harm reflects a bias against women and “femininity.” This examination is carried out through a comparative analysis of two sorts. First, it considers the judicial treatment of emotional harm as compared with the treatment of pure economic loss – a harm which, for the purposes of this research, will be considered more “male” and men-oriented. The central thesis of the article is that, while it appears that both types of harm have ultimately gained very limited recognition, implying lack ...


Regional Minorities, Immigrants, And Migrants: The Reframing Of Minority Language Rights In Europe, Stella J. Burch Jan 2009

Regional Minorities, Immigrants, And Migrants: The Reframing Of Minority Language Rights In Europe, Stella J. Burch

Student Scholarship Papers

Scholarly debate about minority language rights in Europe is usually framed in terms of concern with either "regional" language minorities (such as Basque speakers in Spain) or concern with "immigrant" language minorities (such as Turkish speakers in Germany), with the interests of the two groups being seen as distinct, or even opposed. As a consequence, scholarship in this area has thus far focused upon the fact that a two-tier system of rights exists, with both nation state governments and trans-European institutions privileging "regional" groupings, rather than "immigrant” groups, with little exploration of the relationship between the rights of the two ...


Reason And Authority In The European Court Of Justice, Vlad F. Perju Jan 2009

Reason And Authority In The European Court Of Justice, Vlad F. Perju

Boston College Law School Faculty Papers

This Article makes the case for a discursive turn in European law. Contrary to the prevailing view, politicizing the judicial discourse of the European Court of Justice would strengthen, more than undermine, the Court's authority. This argument is made with reference to the ECJ's reason giving practice, specifically to the relation between the form and content of its decisions. Allowing its members to write separate opinions will enable the Court to redefine its role on the European institutional and political stages The Article then answers doctrinal, institutional and juriscultural objections to its central thesis.


Newsletter, Spring/Summer 2009, Vol. 4, Issue 1, The Dean Rusk International Law Center Jan 2009

Newsletter, Spring/Summer 2009, Vol. 4, Issue 1, The Dean Rusk International Law Center

Newsletters

Gary Born Delivers Keynote at International Arbitration Conference; Twenty Percent of First Year Class Participates in 2008 Rusk Center Summer Programs; Recent Publications; International Law Colloquium Series; Director's Note; Former Diplomats Share Notes on Obama's Foreign Policy; Chief Justice of India Delivers Lecture on Individual Rights; In Their Own Words: Daniel Tilley, Terressa Davis; Russell Edwards; Daniel West; Environmental Policy Analyst Works with School of Law Professor in 2008; Chinese Scholars to Visit in 2009; Rusk Center Director Works with State and National Leaders; International Judicial Training Program Continues Work with Foreign Judiciaries;


60 Years Of The Basic Law And Its Interpretation: An American Perspective, Peter E. Quint Jan 2009

60 Years Of The Basic Law And Its Interpretation: An American Perspective, Peter E. Quint

Faculty Scholarship

In commemoration of the 60th anniversary of the adoption of the German Basic Law (Constitution) , the author discusses certain aspects of the Basic Law, in comparison with the Constitution of the United States, and examines important developments in the jurisprudence if the German Constitutional Court interpreting the Basic Law.


The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint Jan 2009

The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint

Faculty Scholarship

No abstract provided.


The Role And Future Of Customary Tort Law In Ghana: A Cross-Cultural Perspective, Julie A. Davies, Dominic N. Dagbanja Jan 2009

The Role And Future Of Customary Tort Law In Ghana: A Cross-Cultural Perspective, Julie A. Davies, Dominic N. Dagbanja

McGeorge School of Law Scholarly Articles

No abstract provided.


Success Or Failure?: Japan's National Strategy On Intellectual Property And Evaluation Of Its Impact From The Comparative Law Perspective, Toshiko Takenaka Jan 2009

Success Or Failure?: Japan's National Strategy On Intellectual Property And Evaluation Of Its Impact From The Comparative Law Perspective, Toshiko Takenaka

Articles

This short Article will discuss Japan's national IP strategy and changes brought to the IP system, focusing on features that follow the U.S. IP system. Additionally, it will review these changes from the comparative law perspective and evaluate whether the new system has accomplished its national strategy mission.


Participation In Governance From A Comparative Perspective: Citizen Involvement In Telecommunications And Electricity In The United Kingdom, France And Sweden, Dorit Rubinstein Reiss Jan 2009

Participation In Governance From A Comparative Perspective: Citizen Involvement In Telecommunications And Electricity In The United Kingdom, France And Sweden, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.


Political Institutions And Judicial Role: An Approach In Context, The Case Of The Colombian Constitutional Court, David Landau, Julián Daniel López-Murcia Jan 2009

Political Institutions And Judicial Role: An Approach In Context, The Case Of The Colombian Constitutional Court, David Landau, Julián Daniel López-Murcia

Scholarly Publications

Comparative constitutional law scholarship has largely ignored political institutions. It has therefore failed to realize that radical differences in the configuration of political institutions should bear upon the way courts do their jobs. Parting from a case study of the Colombian Constitutional Court, this paper develops a theory of judicial role focused on political context, and particularly on party systems. Colombian parties are unstable and poorly tied to civil society, therefore Congress has difficulty initiating and monitoring the enforcement of policy, as well as checking presidential power. For that reason, the Constitutional Court has responded by taking many of these ...


Agency Accountability Strategies After Liberalization: Universal Service In The United Kingdom, France, And Sweden, Dorit Rubinstein Reiss Jan 2009

Agency Accountability Strategies After Liberalization: Universal Service In The United Kingdom, France, And Sweden, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.


Competition Policy And Comparative Corporate Governance Of State-Owned Enterprises, D. Daniel Sokol Jan 2009

Competition Policy And Comparative Corporate Governance Of State-Owned Enterprises, D. Daniel Sokol

UF Law Faculty Publications

The legal origins literature overlooks a key area of corporate governance-the governance of state-owned enterprises ("SOEs"). There are key theoretical differences between SOEs and publicly-traded corporations. In comparing the differences of both internal and external controls of SOEs, none of the existing legal origins allow for effective corporate governance monitoring. Because of the difficulties of undertaking a cross-country quantitative review of the governance of SOEs, this Article examines, through a series of case studies, SOE governance issues among postal providers. The examination of postal firms supports the larger theoretical claim about the weaknesses of SOE governance across legal origins. In ...