Comparative and Foreign Law Commons^™

Reflections On The Right To Religious Freedom In Peru, Carlos Valderrama Adriansen

BYU Law Review

No abstract provided.

The Relationship Of Church And State In Belarus: Legal Regulation And Practice, Alexander Vashkevich

BYU Law Review

No abstract provided.

New Impulses In The Interaction Of Law And Religion: A South Pacific Perspective, Don Paterson

BYU Law Review

No abstract provided.

The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Confronting Transgressions Of Prior Military Regimes Towards A More Pragmatic Approach, Okechukwu Oko

Cardozo Journal of International and Comparative Law

The article argues that post-conflict African nations, particularly Nigeria, face a critical challenge in balancing justice for past regime transgressions with the need to maintain social stability and consolidate democracy. It contends that criminal prosecutions, while symbolically important, may disrupt social equilibrium and fail to address systemic issues stemming from authoritarian rule. Instead, the article advocates for a pragmatic approach, emphasizing the establishment of a Truth Commission as a middle ground between retribution and amnesty to facilitate reconciliation and advance democratic consolidation.

The Realpolitik Of Empire, Tikkun A. S. Gottschalk

Florida State University Journal of Transnational Law & Policy

No abstract provided.

"Walking Into The Sea" Of Legal Fiction: An Examination Of The European Court Of Human Rights, Pretty V. United Kingdom And The Universal Right To Die, Janna Satz Nugent

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans

Human Rights Brief

No abstract provided.

Tres Vidas, Una Guerra Rafael Iznaga, Bárbara Pérez Y Gregoria Quesada Entre La Emancipación Y La Ciudadanía, Rebecca Scott

Book Chapters

In this article, Scott takes a microhistorian approach as she looks at the ways in which three Cubans of color (Rafael Iznaga, Bárbara Pérez and Gregoria Quesada), from the same rural neighborhood, sought to define and attain citizenship during and immediately after the Cuban War of Independence from 1895-1898. Juxtaposing oral and written sources, Scott shows how such evidence can be both complementary and contradictory, and how each source should be examined in light of the others.

Rafael Iznaga fought in the war as a soldier of the Liberation Army, and returned with prestige and status. While his life can …

Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes

All Faculty Publications

This paper takes seriously the objection that allowing prisoners to vote may have an impact on the outcome of elections or on the development of law and policy, given the extraordinarily high incarceration rate currently a reality in the United States. The reality that prisoners may have an impact on the outcome of elections is an argument in favour of allowing them to vote rather than against it. A progressive critique or constitutional challenge of prisoner disenfranchisement should call attention to the instrumental, as well as symbolic and constitutive functions of voting, and must defend the importance of having the …

The Threat Of Article 23 To Civil Liberties In The Hong Kong Special Administrative Region, Inbal Sansani

Human Rights Brief

No abstract provided.

Overlooked Danger: The Security And Rights Implications Of Hindu Nationalism In India, Smita Narula

Elisabeth Haub School of Law Faculty Publications

This Article will examine the rise of Hindu nationalism in India and provide an overview of its already devastating consequences. In February and March 2002, over 2000 people were killed in state-supported violence against Muslims in the western state of Gujarat, led by the Hindu nationalist BJP that also heads a coalition government at the center. The attacks were carried out with impunity by members of the BJP, the Rashtriya Swayamsevak Sangh (“RSS,” National Volunteer Corps), the Vishwa Hindu Parishad (“VHP,” World Hindu Council), and the Bajrang Dal (the militant youth wing of the VHP). Collectively, these groups are known …

Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn

University of Michigan Journal of Law Reform

This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …

Religious Liberty In Pakistan: Law, Reality, And Perception (A Brief Synopsis), Farooq Hassan

BYU Law Review

No abstract provided.

The Effect Of International Treaties On Religious Freedom In Mexico, Ricardo Hernandez-Forcada

BYU Law Review

No abstract provided.

Religious Freedom In The Argentine Republic: Twenty Years After The Declaration On The Elimination Of Intolerance And Religious Discrimination, Juan G. Navarro Floria

BYU Law Review

No abstract provided.

Religious Freedom Issues In Hungary, Balazs Schanda

BYU Law Review

No abstract provided.

Religion, Church, And State In The Post-Communist Era: The Case Of Ukraine (With Special References To Orthodoxy And Human Rights Issues), Victor Yelensky

BYU Law Review

No abstract provided.

International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan

UF Law Faculty Publications

This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …

Groping Towards Utopia (Ii): Speculations On Law, Policy, And Human Life, James Ottavio Castagnera

Florida State University Journal of Transnational Law & Policy

No abstract provided.

80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.

Renegotiating Responsibility After Apartheid: Listening To Perpetrator Testimony , Mark Sanders

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Race-Ing And Engendering The Nation-State In Aotearoa/New Zealand , Nan Seuffert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe

Vanderbilt Journal of Transnational Law

On June 19, 2000, in Crosby v. National Foreign Trade Council--a much-anticipated decision involving the intersection of federalism and foreign relations--the U.S. Supreme Court struck down a Massachusetts law restricting state purchases from companies doing business in Burma. Crosby represents the Court's first consideration not only of local selective purchasing laws but, more importantly, its first consideration of the sort of subnational sanctions first developed by state and local governments during the anti-apartheid campaign of the 1980's. Thus, Crosby may pose an obstacle to human rights activism by local governments using economic sanctions to punish perceived human-rights offenders.

Because the …

Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman

Journal of Legal Education

No abstract provided.

"When We Sit To Judge We Are Being Judged" The Israeli Gss Case, Ex Parte Pinochet And Domestic/ Global Deliberation, Amnon Reichman

Cardozo Journal of International and Comparative Law

Through analysis of two recent cases, one Israeli and one British, this article advances a deliberative paradigm with which to understand emerging global, meta-constitutional norms, such as the prohibition against torture, enforced through transnational adjudication. More specifically, this article suggests that deliberation between the three branches of government, central to the concept of constitutional democracy, is not confined to the boundaries of the nation-state; rather, the development of jus cogens norms coupled with universal jurisdiction in domestic courts ensures that such deliberation crosses national jurisdictions. This development allows, for example, for domestic courts to review, and be reviewed by, foreign …

Chinese Population Transfer In Tibet, John S. Hall

Cardozo Journal of International and Comparative Law

The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.

Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin

University of Miami Inter-American Law Review

No abstract provided.

The Workers In The Globalized Economy: The European Way To The Foundation And Enforcement Of The Social Rights, Maurizio Del Conte

Richmond Journal of Global Law & Business

In recent years, a new term has spread like wildfire to become a catch-all word in a regions of the world-globalization. The word i ubiquitous, splashed in newspapers, dissected in essays and academic journals, bandied at symposiums, quizzed by the man in the street and shouted against by parching protesters.