Comparative and Foreign Law Commons^™

The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May

Cardozo Law Review

No abstract provided.

Is Freedom Of Expression A Tool Of Oppression And Harm? A Study On Hate Speech And Its Harms In Case Law And Doctrine Of The Us And European Court Of Human Rights, Mohamed Hassan

Theses and Dissertations

Many societies now face the problem of hate speech. It has reached the level of a global problem. Many groups use freedom of expression to oppress other groups through using hate speech. The problem of hate speech represents a complex topic because it is interwind with the right of freedom of expression. However, international human rights law tries to combat the hate speech law in some treaties, such as the ICCPR and CERD, by offering rules to guide states constitutional courts in adjudicating these cases by limiting some of their absolute discretionary power in deciding these cases. These efforts have …

Covid-19 Pandemic, The World Health Organization, And Global Health Policy, Cosmas Emeziem

Pace International Law Review

The emergence and quick spread of the COVID-19 pandemic has shifted the focus and dynamics of the debates about global health, international law, and policy. This shift has overshadowed many of the other controversies in the international sphere. It has also highlighted the tensions that often exist in international affairs—especially in understanding the place and purpose of international institutions, vis-à-vis states, in the general schema of public international law. Central to the international response to the current pandemic is the World Health Organization (WHO)—a treaty-based organization charged with the overarching mandate of ensuring “the highest possible level of health” for …

Front Matter & Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Russia/Eurasia, Maria Grechishkina, Natalia Lantonio, Timur Bondaryev

The Year in Review

No abstract provided.

Middle East Committee, Hdeel Abdelhady, Sarah A. Oliai, Ibrahim Sattout, Dania Dib, Emma Higham, Yasser Shabbir, Abdulaziz M. Al Hussan, Amgad T. Husein, Mahmoud Abdel-Baky, Jonathan G. Burns, Zachary J. Walker, Christian Murad, S. Elisa Kim

The Year in Review

No abstract provided.

Mexico, Gil Anav, Francisco Garcia Bedoy Uribe, Susan Burns, Sergio Bustamante, Yurixhi Gallardo Martinez, Jorge Garcia Peralta, Karla Gudino Yanezyves, Matthew Hansen, Yves Hayaux Du Tilly L., Marco Antonio Pena Barba, Juan Pablo Sainz

The Year in Review

No abstract provided.

India, Aseem Chawla, Kavita Mohan, Poorvi Chothani, Gagan Kumar, Amit Kaushik, Namrata Patodia Rastogi, Sharanya G. Ranga, Riya Dutta

The Year in Review

No abstract provided.

Europe, Thomas Stanton, Laurent De Muyter, Angelique Devaux, Audrey Kavets, Valeria Miller, Jorg Rehder, John Richards, Andreas Ripken, Roselyn Sands

The Year in Review

No abstract provided.

Canada, Angela E. Weaver, Erin Brown, Melissa N. Burkett, Sunita D. Doobay, Theodore Goloff, George Karayannides, Ken Macdonald, Martin G. Masse, Terri-Lee Oleniuk, Taylor Schappert, Ellen Snow, Clifford Sosnow

The Year in Review

No abstract provided.

Asia Pacific, Justin G. Persaud, Zack Spencer, Genan Zilkha

The Year in Review

No abstract provided.

Africa, Diepiriye Anga, Lawrence Fubara Anga, Rosanna Barsati, Elisha Bhugwandeen, Susan Bishai, Anne Bodley, Ineke Brink, Ladawn Burnett, Kirsty Dean-Mhlongo, Michela Cocchi, Tamara Dini, Adam Dubin, Dr. Porpoise Evans, Rudolf Ezeani, Peter Finan, Elizabeth Fitzgerald, Katherine Flannery, Sara Frazao, Ganiyou Gassikia, Felicia Gordon, Jehmal Hudson, Joyce Karanja-Ng'ang'a, Sarika Karia, Ryan P. Kelley, James Lord, Lumela Lumela, Anis Mahfoud, Xolani Nyali, Nkatha Obungu, Nelson Ogbuanya, Steve Onwuasoanya, Ricardo Silva

The Year in Review

No abstract provided.

Honor Crimes: A Question Of Honor, Culture, And Humanity, Nadia N. Almusleh

Master's Theses

Honor crimes, femicide, domestic abuse and violence are widely prevalent in patriarchal societies. Middle Eastern cultures deeply value protecting the chastity and honor of women. The traditional images of women and the notions of honor and shame are consistently used as justifications for violence and killings. This is not attributable to a single culture or religion. It is rather a manifestation of societal norms around gender-based violence. Feminist activism against honor crimes in the Middle East within the last decade has increasingly received social media attention. However, the impact of this social media activism on government intervention has yet to …

Traditional Knowledge – The Changing Scenario In India, Ajoy Jose, Padmavati Manchikanti

Indonesian Journal of International Law

India is a party to the CBD, which came into force on 29 December 1993. It has three main objectives, namely the conservation of biological diversity, the sustainable use of its components and fair and equitable sharing of benefits arising out of the utilization of genetic resources. CBD envisages that the benefits accruing from commercial use of TK have to be shared with the people responsible for creating, refining and using this knowledge. Art 8(j) of the CBD provides for respecting, protecting and rewarding the Knowledge, Innovations and Practices (KIP) of local communities. Realizing the need to ensure that the …

"Clerical Mistake In A Judgment" Under Israeli And American Procedural Law – A New Model, Yitshak Cohen

Cleveland State Law Review

This Article examines the development and efficiency of the procedure for correction of a clerical mistake in a judgment in the Israeli law. As is well known, the procedure offers a short and simple way to correct an error in language within a decision. The litigants may file a motion to correct a decision in the same court that granted it, without having to file an appeal in the appellate court. The difficulty, however, is that this procedure contains three fundamental flaws that might even hinder its purpose: First, the law binds the parties and the court to the same …

England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy

Journal of Natural Resources & Environmental Law

No abstract provided.

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale …

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken during this …

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis. It also …

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to continue …

Advancing Fundamental Principles Through Doctrine And Practice: Comments On Darryl Robinson, Justice In Extreme Cases, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

I am honored to comment on Darryl Robinson's terrific new book which makes an extraordinary contribution to the literature on international criminal law (ICL). Already an admirer of Robinson's work, I learned a lot from reading his book and find his approach convincing. Broadly speaking, there is not much, if anything, on which I disagree with Robinson. I share his criticisms of international criminal tribunal reasoning. I welcome the call for greater attention to deontic considerations. I agree on the importance of the fundamental principles that Robinson identifies, and I also agree that justifying these principles does not require consensus …

Multinational Corporations' Responsibility For Tortious And Human Rights Violations: A Comparative Study, Fatemeh Bagherzadeh

Cardozo International & Comparative Law Review

Many legal systems make it hard for the victims of human rights violations of multinational corporations to have access to their judicial systems. Multinational corporations are so powerful that they can form our lives and also escape liabilities for the damages caused by their activities. The limited liability theory of corporate law enables the parent company of a corporate group to enjoy privileges and avoid its responsibilities for human rights violations. Recently, litigators and human rights activists are trying to hold multinational corporations liable by expanding some well-established, but infrequent applicable theories such as "piercing the corporate veil" theory. Courts …

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and …

Aging In The 21st Century: Establishing A Uniform Protection Of Elderly Persons In The United States Through An International And Comparative Law Analysis, Jessica Garcia-Brown

Cardozo International & Comparative Law Review

The article argues that the elderly population lacks robust legal protections both internationally and domestically, with existing measures being fragmented and insufficient. It emphasizes the need for comprehensive federal legislation in the United States and a universal international convention to address elder abuse, neglect, and exploitation. The analysis highlights how current protections fail to provide uniform enforcement and often perpetuate harmful stereotypes by grouping the elderly with disabled individuals. The article advocates for dedicated legal frameworks to empower the elderly, dispel ageism, and ensure their rights are safeguarded globally.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.

Contractual Protections Against The Resource Nationalism Cycle In Zambia, Sangwani Patrick Ng'ambi

Cardozo International & Comparative Law Review

Foreign direct investment (FDI) in resource rich nations is typically fostered through concession or development agreements, which enable investors to explore and exploit the host State's natural resources. Under these agreements various incentives are offered to the investor by the host State, so as to attract their capital. However, once the investment is sunk, the investor becomes susceptible to the resource nationalism cycle. Investors are particularly vulnerable when the natural resource experiences a sustained upward trend. In such instances, the host State seeks to maximize the benefits accruingfrom the natural resource. This can either be accomplished through reversing the tax …

A Concept Of Shared Principles And The Constitutional Homogeneity In Europe: The Case Of Subsidiarity, Volker Roeben

Cardozo International & Comparative Law Review

The article explores the concept of subsidiarity as a shared legal principle in both the European Union (EU) and German law, focusing on its role in ensuring the accountability of central authority while safeguarding the autonomy of peripheral legislatures. It highlights the convergence of the Court of Justice of the European Union (CJEU) and the German Federal Constitutional Court (FCC) on a rationale of legality, aimed at preventing central overreach into peripheral competences. Despite this alignment, the article notes divergent outcomes in the application of subsidiarity, with the FCC more frequently invalidating federal legislation compared to the CJEU's more restrained …

Interior Landmark Designation And Regulation: Should Government Regulate Publicity Inaccessible Interior Landmarks, Victoria Tesone

Cardozo International & Comparative Law Review

The note argues that government regulation of interior landmarks should be contingent upon public access, as such regulation otherwise fails to serve its intended public benefit and unjustly burdens property owners. It proposes that without public access, landmark designation should not impose regulatory obligations on property owners, and suggests that the financial burden of preservation should shift to taxpayers rather than private owners.

Policing Pregnancy Loss: Misuse Of Abuse Of A Corpse Laws, Monica Siwiec

Cardozo International & Comparative Law Review

The note examines the misuse of abuse of a corpse laws to criminalize pregnant persons for pregnancy loss, arguing that such prosecutions violate constitutional principles, including the void-for-vagueness doctrine and equal protection. These laws, originally designed to regulate corpse desecration and mistreatment, are increasingly being applied in ways that disproportionately target marginalized groups, particularly women of color. The analysis highlights how the broad and vague language of these statutes enables arbitrary enforcement, undermining legal clarity and perpetuating reproductive injustice.