Comparative and Foreign Law Commons^™

"Parque Dmz Coreano De La Paz" Y El Problema De Las Minas, John J. Kim

ILSA Journal of International & Comparative Law

Escrito por un veterano del ejercito de los Estados Unidos que sirvio cerca de la zona desmilitarizada (DMZ) en 1968, la escena captura muy bien la imagen de la zona como una tierra desolada y abusada por un lado, y como una tierra virgen y salvaje de la naturaleza por el otro.

El Arbitraje Internacional Es Universal?, Halil Rahman Basaran

ILSA Journal of International & Comparative Law

Debido a la deversidad de las partes (estados, organizaciones internacionales, corporaciones e indivduales) y sujetos (responsabilidad del estado, inversiones, transacciones comercials, violaciones del contracto comercial internacional) el arbitraje internacional, seria adecuado argumentar que el arbitraje internacional incluye muchos tipos.

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

The Fall issue of the ILSA Journal of International & Comparative Law is traditionally a collection of articles that highlight current challenges in international law and commentate on how those challenges may be addressed through legal mechanisms.

Current National Security And Human Rights Issues In The United Kingdom, Canada And Hong Kong, Dr. Daniel Alati

ILSA Journal of International & Comparative Law

In any jurisdiction, national security legislation is not developed or enacted in a vacuum and, as such, interdisciplinary analyses of this legislation are both necessary and useful.

A True Sense Of Independence: The Abolishment Of United Kingdom's Influence Towards The Legal Affairs Of The Commonwealth Caribbean, Shantel A. Mcdonald

ILSA Journal of International & Comparative Law

The Judcial Committee of the Privy Council ("Privy Council") sits in England and serves as the highest Court of Appeal for several Commonwealth Caribbean countries.

Espionage: A Comparative Analysis, Kristin A. Vara

ILSA Journal of International & Comparative Law

"Espionage is as pervasive today as it has ever been."

Sea Change: New Rulemaking Procedures At The International Labour Organization, Desiree Leclercq

ILSA Journal of International & Comparative Law

Change is important, but the ability to anticipate and implement change is difficult.

The 2015 Philip C. Jessup International Law Moot Court Competition, The Federal Republic Of Agnostica, The State Of Reverentia

ILSA Journal of International & Comparative Law

The Federal Republic of Agnostica ["Agnostica/Applicant"] and the State of reverentia ["Reverentia/Respondent"] herby submit the oresent dispute concerning the secession and annexation of East Agnostica to the International Court of Justice ["The Court"] by a Special Agreement, signed in the Hague on the second day of September in the year two thousand and fourteen, pursuant to Article 40(1) of the Statute of the International Court of Justice.

The 2015 Philip C. Jessup International Law Moot Court Competition, The Federal Republic Of Agnostica, The State Of Reverentia

ILSA Journal of International & Comparative Law

The Federal Republic of Agnostica ("Agnostica") and the State of Reverentia ("Reverentia") respectfully sumbit the present dispute to the International Court of Justice, pursuant to article 40, paragraph 1 of the Statue of the Court and by virtue of a Special Agreement (Compromis) signed in the Hague, The Netherlands, on September 2, 2014, and jointly notified to the Court on the same day.

Designing Trial Avoidance Procedures For Post-Conflict, Civil Law Countries: Is German Absprachen An Appropriate Model For Efficient Criminal Justice In Afghanistan?, Nasiruddin Nezaami

ILSA Journal of International & Comparative Law

In Afghanistan, the persistence of several problems has caused inefficiency in the criminal procedure.

The 2015 Philip C. Jessup International Law Moot Court Competition, La Republique Federale D'Agnostica, Et L'Etat De Reverentie (Defendeur)

ILSA Journal of International & Comparative Law

On behalf of the Federal Republic of Agnostica and the State of Reverentia, in accordance with Article 40(1) of the Statue of the International Court of Justice, we have the honour to transmit to you an original of the Special Agreement between Agnostica and Reverntia concerning the secession and annexation of Easr Agnostica and other issues, signed in The Hague on the second day of September in the year two thousand fourteen.

The Failure Of Environmental International Law During Times Of War, Blake Lara

University of Baltimore Journal of Land and Development

Throughout history, war and armed conflict have maintained a continuous presence around the world. Though the reasons for war change, various nations emerge and subside, and populations alter, one of the constant elements of war is its degrading effect on the environment. In addition to indirect effects on the environment that ultimately result from war, nations have used the environment as both a weapon and target of war. For example, during the Peloponnesian War, the Spartans salted Athenian lands to make them infertile. In the Franco-Dutch War from 1672 to 1678, dikes and damns were destroyed in order to create …

About The New Pca Rules And Their Application To Satellite Communication Disputes, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In 2011 the PCA Optional Rules for Arbitration of Disputes Relating to Outer Space Activities were adopted. The present contribution addresses the possible relevance of these new rules for disputes regarding international satellite communication, noting the existence of various dispute settlement regimes already available and analyzing their respective usefulness for such international satellite communications disputes.

Towards Peer Pressure In Post-Disaster Governance: An Empirical Study, Shahla F. Ali

UC Law SF International Law Review

Recent experience reminds us the United States is anything but immune to the effects of major natural disasters; in 2012 Hurricane Sandy demolished the entire eastern seaboard, impacted 24 states and caused $50 billion to $68 billion of damage. As natural disasters occur with increasing frequency, there is growing interest and scholarship in disaster relief governance. Empirical researth regarding the mechanisms of post-disaster local governance is therefore timely given the scale and magnitude of suffering involved. The findings presented in this article driw on the attitudes and perceptions of practitioners working in disaster response fields to provide us with insights …

Relying On Government In Comparison: What Can The United States Learn From Abroad In Relation To Administrative Estoppel, Dorit Rubinstein Reiss

UC Law SF International Law Review

The United States' Supreme Court has never upheld a claim of estoppel against the government. A citizen relying on the government's advice does that at her peril: if the government wrongfully misrepresents or misinterprets a statute it can (and by some interpretations, must) go back on its word leaving the aggrieved citizen with no recourse. The Supreme Court has provided many arguments for this position, but the core of its rationale is premised on protecting what Europeans refer to as "the principle of legality." The principle of legality states that the Executive cannot waive requirements from primary legislation or deviate …

Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Measuring Constitutional Islamization: The Islamic Constitutions Index, Dawood I. Ahmed, Moamen Gouda

UC Law SF International Law Review

The military coup in Egypt and the Taliban insurgency in Pakistan and Afghanistan have once again highlighted the political stakes of incorporating Islam within a constitution. Many constitutions in the Muslim world contain clauses that recognize the Islamic character of the state; yet, there is little scholarship empirically analyzing these clauses; indeed, while much has been written about the effects of incorporating a particular type of clause-the Islamic supremacy clause, to date, we know very little about the comparative constitutional universe of Islamic clauses: How prevalent is Constitutional Islamization? Which countries have the most or least Islamized constitutions? Do secular …

Mercosur: Venezuela's New Vehicle For Resistance To American Political And Economic Hegemony, Noah Asa Phillips

UC Law SF International Law Review

Throughout his tenure, President Hugo Chavez of Venezuela carried out an ideological political vision of resistance to United States political and economic hegemony in Latin America. Due to Venezuela's large political and economic influence in Latin America, Chavez's administration has repeatedly thwarted efforts by the United States government and American corporations to maintain their economic dominance in the region. Venezuela's antagonistic foreign policies over the last decade have resulted in an opening up of an autonomous policy space in Latin and Central America and presented a serious pushback to United States political and corporate presence in Latin America.

With Venezuela's …

Globalizing Representative Democracy: The Emergence Of Multilayered International Parliamentalism, Davor Jancic

UC Law SF International Law Review

As globalization penetrates the realm of democracy, the internationalization of the institution of parliament, as the epitome of popular representation in liberal democracies - continues to be largely ignored by key studies in international law, constitutional law and global governance. This article seeks to place international parliamentarism on the radar of legal scholarship, reassess the value that representative democracy has in the globalized world, and demonstrate that understanding parliaments as purely domestic institutions immune from international integrative forces is no longer tenable. This article argues that international interparliamentary relations do not occur merely within isolated forums but can and do …

The Basic Law, Universal Suffrage And The Rule Of Law In Hong Kong, Michael C. Davis

UC Law SF International Law Review

The recently published PRC White Paper and NPC Standing Committee Decisions have put both Hong Kong's democratic development and its rule of law under threat. These reports have emphasized the NPC Standing Committee's ultimate power to interpret and amend the Basic Law as it sees fit with seemingly no constraint. In disregard of China's international legal obligations respecting Hong Kong under the Sino-British Joint Declaration and the ICCPR these reports have emphasized the resting of all authority in the PRC Central Government. Great liberty has been taken with regard to critical language in Article 45 of the Basic Law, which …

What Is An Emergency? The Legal Politics Of Defining The "Un-Definable", Dr. Karin Loevy

ILSA Journal of International & Comparative Law

The famous House of Lords Belmarsh decision - in which eight Lords quashed the United Kingdom government's 2001 derogation order and declared incompatible with European Convention rights Section 23 of the Anti Terrorism, Crime and Security Act (2001)("ATCSA"), authorizing the Home Secretary to detain without trial suspected international terrorists who cannot, for legal or practical reasons, be deported from the United Kingdom

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

In this issue of the ILSA Journal of International and Comparative Law we have target problems that go across borders, affecting millions, without a distinction on their nationality.

The Surprising Acquittals In The Gotovina And Perišić Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep’S Clothing?, Mark A. Summers

Richmond Journal of Global Law & Business

No abstract provided.

Recognition And Enforcement Of Foreign Judgments - A Second Attempt In The Hague?, Justyna Regan

Richmond Journal of Global Law & Business

No abstract provided.

Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra

Faculty Scholarship

No abstract provided.

Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel

Articles

No abstract provided.

Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et Al. As Amici Curiae In Support Of Petitioners, Harold Hongju Koh, Thomas Buergenthal, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman, Sujit Choudhry

Faculty Scholarship

No abstract provided.

Transnationalizing Comparative Law, Ralf Michaels

Faculty Scholarship

Comparative law will not die in the 21st century, but nor can it remain unchanged. Comparative law as we have it today still retains its roots in 1900: it is focused on states, on positive law, and on a scientific approach. Comparative law in the age of transnationalism will have to transnationalize: it must move beyond the state, it must move beyond positive law, and it must endorse cultural approaches. We must retain our critique of legal nationalism, but we must add our critique of uncritical legal universalism.

Dispute Resolution Clauses In International Sponsored Research Contracts, Dennis Lazarev

Cardozo Journal of Conflict Resolution

Pharmaceutical companies are the greatest non-governmental sponsors of biomedical research in academia. Increasingly they sponsor foreign entities, typically universities or non-commercial research institutions. Another type of cross-border sponsorship occurs when two research institutions engage in a collaborative research effort. In either case disputes may arise. The most common types of disputes are the rights to the intellectual property developed in the course of sponsored research, and the scope of research activities that an agreement covers. Parties to these cross-border sponsorship arrangements have rarely incorporated dispute resolution clause in their contracts. This Article will argue that arbitrationis an approach far superior …

Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay challenges the conventional wisdom that prohibitions against government-condoned child-sex slavery have attained non- derogable, peremptory status under international law. Much to the utter shock of field investigators and human rights experts, boy sex slavery has evolved into a constitutive and central feature of the Islamic Republic of Afghanistan (Afghanistan) because of a customary practice commonly referred to as bacha bazi.