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Articles 421 - 450 of 798

Full-Text Articles in Comparative and Foreign Law

Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce Jun 2018

Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce

Journal of Comparative Urban Law and Policy

The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is …

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Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari Jun 2018

Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari

Journal of Comparative Urban Law and Policy

This article is a comparative analysis of property systems and their social dimensions between the United States (U.S.) and the European Union (EU). Throughout the article, we show how the fees and development taxes applied in the U.S. refer to an ex ante rationale assumed by private owners to compensate communities for land transformation or environmental impacts, while inside the EU, the political consensus is responsible for the imposition of limits in ex post abuses of ownership. Either in public administrations, or in the Council of Ministers of the EU, the social function of property is better understood as a …

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Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle Jun 2018

Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle

Journal of Comparative Urban Law and Policy

Entrepreneurial development of contaminated or blighted land, commonly referred to as “brownfield,” carries significant enterprise risk. When considering competing opportunities, capital tends to flow in an adverse direction from higher-risk activity where outcomes are less certain. In addition, a complicated regulatory landscape can increase transaction costs which further limit the desirability of these projects. Often, that leaves the remediation of environmentally compromised property in the hands of the public sector. Yet, in industrialized nations with significant brownfield presence, government is often unable to solely cure defects due to limited fiscal resources and competing policy imperatives. One solution to the problem …

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The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro, Aricia Fernandes Correia, Romulo S.R. Sampaio Jun 2018

The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro, Aricia Fernandes Correia, Romulo S.R. Sampaio

Journal of Comparative Urban Law and Policy

The exponential demographic increase of the last century and the transformation of the cities, from industrial to service providers, added to the phenomenon of conurbation. In addition, the new social, environmental, economic, political and cultural dynamics of close cities, challenged the traditional municipal power and required a collaborative new management framework. Global cities became metropolitan areas. Issues of local urban interest are now of regional preoccupation. Governmental institutional frameworks and urban planning were not designed to match this new socioeconomic and environmental metropolitan order. This paper deals with the legal challenges of creating metropolitan governance structures comparing France and Brazil. …

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The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith Jun 2018

The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith

Journal of Comparative Urban Law and Policy

France’s long history of centralized governance has generated debates as to what powers should remain with the State and what powers should devolve to sub-national governments. To ameliorate the fragmentation resulting from the small size of France’s 36,000 plus municipalities, called communes, the State authorized the creation of general-purpose, inter-communal public institutions to perform municipal functions on behalf of the communes on a greater economy of scale. The article examines the trajectory that led to the creation in 2010 of the métropole, or metropolis, the most recent of these inter-communal bodies that is designed to undertake public functions in large …

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The Future Of French Metropolis, Anne-Claire Mialot Jun 2018

The Future Of French Metropolis, Anne-Claire Mialot

Journal of Comparative Urban Law and Policy

No abstract provided.

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Introduction, Julian Conrad Juergensmeyer, Karen Johnston Jun 2018

Introduction, Julian Conrad Juergensmeyer, Karen Johnston

Journal of Comparative Urban Law and Policy

No abstract provided.

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The Case For Effective Environmental Politics: Federalist Or Unitary State? Comparing The Cases Of Canada, The United States Of America, And The People’S Republic Of China, Justin Fisch Jun 2018

The Case For Effective Environmental Politics: Federalist Or Unitary State? Comparing The Cases Of Canada, The United States Of America, And The People’S Republic Of China, Justin Fisch

University of Michigan Journal of Law Reform

Federalism, by its nature, is a segmented system of governance. The Canadian and American constitutional orders are divided along very clear lines of jurisdictional authority between levels of government. Environmental issues, by their nature, are holistic in scope—they transcend borders, governments, jurisdictions, and authorities. For this reason, one might assume that a unitary state would be better positioned to tackle them. Is this justified? This Article examines the Chinese unitary state, in comparison to the federalist systems in Canada and the United States of America, to discern whether a unitary government can better manage issues plaguing the environment.

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Environmental Reform In Africa: A Comparative Continental Union Solution Through Plastic Reform Legislation, Wynee Ngo Jun 2018

Environmental Reform In Africa: A Comparative Continental Union Solution Through Plastic Reform Legislation, Wynee Ngo

Brooklyn Journal of International Law

In the face of environmental turmoil; countries across the world are implementing measures to mitigate the deteriorating effects that common day practices have on the ecosystem. The European Union has implemented directives to govern plastic use on a continental scale. On the other hand; the African Union (AU) has been silent on plastic use; despite a string of African countries implementing stringent plastic reform legislation. This Note will examine the European Union and AU’s international frameworks and powers; while also detailing currently enacted EU directives and African state-level regulations. It will then conduct a comparative analysis of the AU and …

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The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark May 2018

The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark

Notre Dame Journal of International & Comparative Law

The Paris Agreement is the most articulate and influential international legal agreement on climate change to date. However, despite record breaking levels of international participation, the future of the Agreement remains uncertain. United States President Donald Trump's decision to remain a part of the international community's efforts on climate change has the potential to affect the scope and scale of this acclaimed treaty. In this note, I discuss the development of the Paris agreement as compared to the Kyoto Protocol, and how its construction promises to facilitate successful implementation. Additionally, given the United States' prominent international role, I discuss the …

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Unwise Integration Of The Foreign Account Tax Compliance Act Into The Common Reporting Standard - Taking Taiwan As An Example, Yi-Hsin Wu Apr 2018

Unwise Integration Of The Foreign Account Tax Compliance Act Into The Common Reporting Standard - Taking Taiwan As An Example, Yi-Hsin Wu

Cardozo International & Comparative Law Review

The note critically examines the challenges of integrating the Foreign Account Tax Compliance Act (FATCA) with the Common Reporting Standard (CRS), using Taiwan as a case study. It argues that integrating FATCA into CRS is unnecessary and could exacerbate compliance burdens for financial institutions, particularly in jurisdictions like Taiwan that have already invested significant resources into FATCA compliance. Instead, the note advocates for revising FATCA to clarify its provisions and reducing withholding tax obligations, while postponing CRS implementation to allow better preparation and avoid unfair competitive disadvantages.

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Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation, Orr Karassin, Oren Perez Feb 2018

Shifting Between Public And Private: The Reconfiguration Of Global Environmental Regulation, Orr Karassin, Oren Perez

Indiana Journal of Global Legal Studies

Over the past two centuries, public environmental regulation (PER) has been progressively supplemented by private transnational regulation (PTR), creating a hybrid environmental governance regime. A fivecategory typology is developed to describe the ways in which international and national PER interact with private forms of environmental regulation. We then analyze the policy considerations that are relevant to the design of such hybrid regimes and various forms of interaction. Next, we describe two case studies that demonstrate the diversity of interactions between PER and PTR in a single regime. The case of sustainability reporting illustrates how public law builds on the expertise …

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Complicated-But Not Too Complicated: The Sunset Of E.U. Law In The U.K. After Brexit, Maimon Schwarzschild Feb 2018

Complicated-But Not Too Complicated: The Sunset Of E.U. Law In The U.K. After Brexit, Maimon Schwarzschild

Cardozo Law Review

The article examines the complexities of Brexit, focusing on the integration of EU law into UK law and the challenges of disentangling the two legal systems post-Brexit. It explores key areas such as free movement, environmental law, and the forms of EU law, highlighting the interconnectedness of EU and UK legal frameworks. The author suggests a "sunset clause" approach to manage the transition, allowing EU laws to expire unless explicitly retained, to align with the UK's newfound independence and regulatory autonomy.

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The Comparative Institutions Approach To Wildlife Governance, Dean Lueck Jan 2018

The Comparative Institutions Approach To Wildlife Governance, Dean Lueck

Texas A&M Law Review

This Article develops a comparative institutions approach to wildlife governance by examining the property rights to the habitat and the stocks of wild populations. The approach is based on the transaction cost and property rights approach and lies primarily in the traditions of Coase, Barzel, Ostrom, and Williamson. The approach recognizes the often-extreme costs of delineation and enforcement of property rights to wild populations and their habitats; thus, all systems are notably imperfect compared to the typical neoclassical economics approach. These costs arise because wildlife habitat and wildlife populations are part of the land which has many attributes and uses—most …

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Unilateral Steps To End High Seas Fishing, Katrina M. Wyman Jan 2018

Unilateral Steps To End High Seas Fishing, Katrina M. Wyman

Texas A&M Law Review

In discussions about the overexploitation of the vast oceans that lie beyond national jurisdiction, one bold proposal is to close fishing entirely on the high seas. Existing research suggests that converting the high seas into a giant reserve for fish might increase overall global fish catches by boosting fish catches within the adjoining areas of the oceans under national control. This conversion also might help to protect marine biological diversity, which is particularly important in an era of climate change. This Essay identifies the potential that the United States—a significant importer of high seas fish—might unilaterally take steps to end …

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Regulatory Carrots And Sticks In Climate Policy: Some Political Economic Observations, Jason S. Johnston Jan 2018

Regulatory Carrots And Sticks In Climate Policy: Some Political Economic Observations, Jason S. Johnston

Texas A&M Law Review

This Article sets out an informal political economic theory which explains the relative permanence of regulatory carrots—legislative subsidies and mandates for product use—versus the transience of regulatory sticks—traditional costly regulatory requirements. After setting out the elements of this theory, I illustrate it with the dramatic rise in the Obama Administration and abrupt cessation in the Trump Administration of attempts to use conventional U.S. environmental regulatory sticks to end the U.S. coal industry. The Article turns then to describe a concrete example of a regulatory carrot—the U.S. corn ethanol mandate—that has survived despite overwhelming evidence that its environmental benefits, if any, …

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Environmental Principles In U.S. And Canadian Law, Errol E. Meidinger, Daniel Spitzer, Charles Malcomb Jan 2018

Environmental Principles In U.S. And Canadian Law, Errol E. Meidinger, Daniel Spitzer, Charles Malcomb

Contributions to Books

Published as Chapter 29 in Principles of Environmental Law, Ludwig Krämer & Emanuela Orlando, eds.

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The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana Dec 2017

The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana

Brooklyn Journal of International Law

Should there be a constitutional right to environmental protection? Arguments for and against are aplenty, but there is no consensus on this issue. Drawing on the experience within the U.S. and Indian Constitutions, this article posits that the right to environmental protection has normative and practical significance, because a constitutional right attaches to an individual and, hence, can protect an individual from environmental harms, whereas environmental laws, that focus primarily on reducing adverse environmental impact on a general population, may not. It further argues that, to be effective, three constitutionally-embedded rights that are central to preserving the right to environmental …

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Environmental Restorative Justice, Aiden Stark Oct 2017

Environmental Restorative Justice, Aiden Stark

Pepperdine Dispute Resolution Law Journal

Section I briefly introduces this article. Section II discusses the gravity of environmental crimes. Section III highlights the history of environmental criminal prosecution. Section IV explains how environmental crimes are currently prosecuted. Section V demonstrates how restorative justice procedures work. Section VI critiques the only previous analysis applying restorative justice to environmental crimes in the United States. Section Vll walks through Australian Justice Preston's analysis, which provides a proper foundation for applying restorative justice to environmental crimes. Section VIII applies Justice Preston's framework to criminal procedures in the United States. Section IX discusses criticisms that will be raised by bringing …

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Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah Bin Hamad Jul 2017

Foundations For Sustainable Development: Harmonizing Islam, Nature And Law, Norah Bin Hamad

Dissertations & Theses

Human society is weakening Earth’s environment, its only home. In 2015, nations agreed on a new set of Sustainable Development Goals (SDGs) to guide restoring and sustaining the wellbeing of peoples everywhere. If the SDGs are to succeed, all cultural and religious communities will need to urgently implement them. Islam offers a holistic view of God’s creation and the Qur’an clearly sets forth duties to care for the Earth. In the past, most people have ignored the world-wide trends of environmental degradation which scientist have reported. There is a pressing need to expand education and public awareness about the threats …

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Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn Jun 2017

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is …

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Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans Jun 2017

Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans

Pace Environmental Law Review

The objectives of this paper are to discuss (1) a brief history of the Brazilian Forest Code (FC); (2) key aspects of the 2012 FC revisions; (3) the status of implementation, including institutional and field-level challenges, as well as economic incentives to ease compliance; and (4) the importance of the FC for the Brazilian agro-industrial sector.

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The Fight For Green Economies: The Role Of Sustainable Development In Nations Facing Turmoil, Lucy K. Infeld Jun 2017

The Fight For Green Economies: The Role Of Sustainable Development In Nations Facing Turmoil, Lucy K. Infeld

Washington International Law Journal

The international focus on sustainable development, and lessening the damage to our environment, can be seen in numerous international conventions and the laws of many individual countries. While most countries around the world have attempted some action to lessen the impact of global warming, not all of these efforts have been successful. Notably, Syria created numerous legal reforms aimed at sustainable development, but has had difficulty implementing these reforms. Contrarily, Morocco, a country with similar climate and obstacles in implementing sustainable development has had great success. A question remains as to whether the lack of implementation of sustainable development practices …

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The Tension Between Korean Environmental Protection Policies And U.S. Investors' Interests Under The U.S.-Korea Free Trade Agreement, Changsung Kang Jun 2017

The Tension Between Korean Environmental Protection Policies And U.S. Investors' Interests Under The U.S.-Korea Free Trade Agreement, Changsung Kang

Maurer Theses and Dissertations

South Korea’s low carbon and ‘green growth’ policies possess potential regulatory changes that reduce foreign investors’ interests and legitimate expectations concerning the profitability of their businesses. Although international investment law protects a government’s right to protect legitimate public welfare objectives, such as environmental protection, the investor-State dispute settlement provision allows foreign investors to seek compensation for a country’s law and policies contrary to their interests. On the other hand, investor-State dispute settlement provisions inherently have many problems. Despite the problems, protecting both foreign investors’ interests and States’ regulatory sovereignty is very important. For this reason, this dissertation examined why the …

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The Road To Yamoussoukro, Vivica Brown May 2017

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 global air service market. …

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

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

Journal of Comparative Urban Law and Policy

No abstract provided.

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The Democratic Street, Sudarshan Tiwari May 2017

The Democratic Street, Sudarshan Tiwari

Journal of Comparative Urban Law and Policy

No abstract provided.

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

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

Journal of Comparative Urban Law and Policy

No abstract provided.

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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 May 2017

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 industry …

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Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor May 2017

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 compounded by a …

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