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Articles 31 - 60 of 568
Full-Text Articles in Comparative and Foreign Law
Making Land Titles In India Marketable: Using Title Insurance As A Viable Alternative To Conclusive Titling, Anirudh Burman
Making Land Titles In India Marketable: Using Title Insurance As A Viable Alternative To Conclusive Titling, Anirudh Burman
Washington International Law Journal
Though land comprises a significant component of the total asset portfolio of Indian households, the quality of land titles is poor. So far, policies have been directed at improving government records, with the objective of being able to issue titles that are “conclusive” in nature, and an indemnity system run by the state that compensates those who suffer from errors or omissions of government agencies maintaining such records. This paper explores an alternative method of reaching the same objective—title insurance. Recently, the 2016 Real Estate Regulation Act has allowed state governments to require title insurance for real estate projects. There …
Crouching Tigers And Hidden Dragons On The Great Wall Street: Decoding The Corporate Goverance Of Chinese Commercial Banks, Yueh-Ping (Alex) Yang
Crouching Tigers And Hidden Dragons On The Great Wall Street: Decoding The Corporate Goverance Of Chinese Commercial Banks, Yueh-Ping (Alex) Yang
Washington International Law Journal
As China’s economic influence on the world grows, its system of state capitalism is likewise receiving increasing scrutiny. Behind the state capitalism, China’s banking sector, the “Great Wall Street”—parallel to the “Wall Street” in the United States—plays a fundamental role in financing and supporting China’s economy. Contemporary studies of China’s state capitalism, however, focus mainly on Chinese state-owned enterprises, leaving less attention specific to China’s state-owned banking sector which adopts a rather different corporate governance practice. In this paper, I conduct a comprehensive and critical review of the bank governance practice in China. Statutorily, Chinese commercial banks generally follow corporate …
Greater Uniformity And Centralization: The Regulatory Development Of Chinese Food And Product Safety Under The Wto, Nga Kit (Christy) Tang
Greater Uniformity And Centralization: The Regulatory Development Of Chinese Food And Product Safety Under The Wto, Nga Kit (Christy) Tang
Washington International Law Journal
The WTO Agreements emphasize free trade, which links with diversity, deregulation, and decentralization. China, on the other hand, emphasizes uniformity and centralization, especially regarding the political control and the one-party system of “democratic dictatorship.” China’s joining the WTO, therefore, may be considered as a development that changes the regulatory structure to become more diverse, deregulated, and decentralized. This paper, however, finds the opposite. Under the WTO law, China is encouraged to move towards greater uniformity and centralization with its decentralized and non-uniform settings under the market policy. Moreover, the WTO’s uniform and centralized encouragements can be integrated into the rule-by-man …
Jus Pro Bello: The Impact Of International Prosecutions On War Continuation, Marco Bocchese
Jus Pro Bello: The Impact Of International Prosecutions On War Continuation, Marco Bocchese
Washington International Law Journal
This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Crim-inal Court (“ICC”). The cross-case analysis of seven countries either examined or officially investigated by the ICC Prosecutor’s Office (“OTP”) lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables: namely, a military’s inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. This Article contends that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, …
The Sociedad Por Acciones Simplificada: Suggestions For Further Reform Of Mexico's First Unipersonal Limited Liability Entity, Laura K. Daugherty
The Sociedad Por Acciones Simplificada: Suggestions For Further Reform Of Mexico's First Unipersonal Limited Liability Entity, Laura K. Daugherty
Washington International Law Journal
Mexico introduced its first unipersonal limited liability entity in 2016, the Sociedad por Acciones Simplificada (“SAS”). The introduction of Mexico’s SAS is in line with legal development in Latin America as a whole, where there has been a recent trend towards introducing new unipersonal limited liability entities that are specially designed to reduce barriers to entry for burgeoning business owners and ease the requirements of owning a business entity. However, the Mexican SAS as it currently exists is uniquely overly restrictive. To remedy this, some of the current restrictions on the entity should be lifted to facilitate the functionality of …
The Limits Of Constitutional Deferral: Lessons From The History Of The 2004 Constitution Of Afghanistan, Shamshad Parsarlay
The Limits Of Constitutional Deferral: Lessons From The History Of The 2004 Constitution Of Afghanistan, Shamshad Parsarlay
Washington International Law Journal
In an important recent work, Rosalind Dixon and Tom Ginsburg noted that constitution writers regularly choose to defer to the future important questions of constitutional design. They argue that an “optimal” level of constitutional deferral might contribute to constitutional stability and help constitutions live longer. This Article argues that although constitution makers might choose to defer on many important questions of constitutional design to promote agreement, certain types of deferral might turn out to be counterproductive, and thus constitution writers’ choice to defer should be limited. The Article highlights that it is risky to defer to future legislatures the powers …
Hangeul As A Tool Of Resistance Aganst Forced Assimiliation: Making Sense Of The Framework Act On Korean Language, Minjung (Michelle) Hur
Hangeul As A Tool Of Resistance Aganst Forced Assimiliation: Making Sense Of The Framework Act On Korean Language, Minjung (Michelle) Hur
Washington International Law Journal
Language policies that mandate a government use a single language may seem controversial and unconstitutional. English-only policies are often seen as xenophobic and discriminatory. However, that may not be the case for South Korea’s Framework Act on Korean Language, which mandates the use of the Korean alphabet, Hangeul, for official documents by government institutions. Despite the resemblance between the Framework Act on Korean Language and English-only policies, the Framework Act should be understood differently than English-only policies because the Hangeul-only movement has an inverse history to English-only movements. English-only movements have a history of using English as a …
Asean Investment Treaties, Rcep, And Cptpp: Regional Strengths, Norms, Institutions, And Politics, Diane A. Desierto
Asean Investment Treaties, Rcep, And Cptpp: Regional Strengths, Norms, Institutions, And Politics, Diane A. Desierto
Washington International Law Journal
Southeast Asia attracts foreign investment more rapidly than elsewhere in the world, including China. Southeast Asia’s evolving regional strategies, norms, institutions, and politics for investment governance should be of considerable interest to global decision-makers. This Article compares evolving investment treaty strategies and norms between the regional investment treaties of: (1) the Association of Southeast Asian Nations (“ASEAN”); (2) the latest draft investment chapter of the China-led sixteen-member Regional Comprehensive Economic Partnership (“RCEP”), to which all ten ASEAN Member States are also negotiating parties; and (3) some features of the current draft investment chapter for the Trans-Pacific Partnership (now renamed the …
Transitional Justice Legislation In Taiwain Before And During The Tsai Administration, Ernest Caldwell
Transitional Justice Legislation In Taiwain Before And During The Tsai Administration, Ernest Caldwell
Washington International Law Journal
The Republic of China on Taiwan (“Taiwan”) successfully and peacefully transitioned from authoritarian, one-party rule into a constitutional democracy in the early 1990s. However, due to the island’s complex international status and fraught relationship with China, as well as a rather conservative government approach to post-authoritarian discourse on past human rights violations, there has been relatively little scholarly interest in Anglophone academia on Taiwanese transitional justice issues. This Article seeks to deepen our understanding of East Asian transitional justice by examining the influence of post-democratization local conditions on the scope and language of transitional justice legislation during two phases of …
Whose Fault In An Aging World?: Comparing Dementia-Related Tort Liability In Common Law And Civil Law Jurisdictions, Trevor Ryan, Wendy Bonython
Whose Fault In An Aging World?: Comparing Dementia-Related Tort Liability In Common Law And Civil Law Jurisdictions, Trevor Ryan, Wendy Bonython
Washington International Law Journal
Age-related dementias have been identified as a global health priority, based on their rapidly rising incidence and associated economic burden. Behaviors symptomatic of dementias, such as wandering, potentially expose sufferers to increased likelihood of experiencing harm or causing harms to others. Yet what jurisprudence and case law exists on the issue of tortious liability of people with dementia is largely derived from the broader principles governing tortious liability of those with mental illness or otherwise impaired capacity. Those principles are themselves problematic, reflecting absolutist models of either personal liability (common law jurisdictions) or statutory personal immunity accompanied by imposition of …
Acts Of Financial Distress In The Eu: Is The Eu To Blame?, Venetia Argyropoulou
Acts Of Financial Distress In The Eu: Is The Eu To Blame?, Venetia Argyropoulou
Washington International Law Journal
This Article seeks to determine if there is a legal basis for European Union (“EU”) Institutions to be held accountable for measures taken by an EU Member State in cases of financial distress. The Article begins by exploring the concept of sovereignty and then evaluates the limitations placed on state sovereignty by participation in the EU. Next, it explores the definitions of economic coercion and countermeasures and considers whether the actions taken by EU institutions in the context of the Cyprus banking haircut would satisfy either of these definitions. Lastly, this Article studies whether EU law can provide a basis …
Ineffective By Design: A Critique Of Campaign Finance Law Enforcement In The United States, Australia, And The United Kingdom, Kelly Ann Skahan
Ineffective By Design: A Critique Of Campaign Finance Law Enforcement In The United States, Australia, And The United Kingdom, Kelly Ann Skahan
Washington International Law Journal
Though ostensibly tasked with enforcing their respective nations’ campaign finance laws, the Federal Election Commission (“FEC”), Australian Electoral Commission (“AEC”), and Electoral Commission (“EC”) are woefully unable to meaningfully address the evolving nature of campaigns or enforce existing regulations in the United States, Australia, and the United Kingdom, respectively. Attempts at enforcement are cut off at the knees by political infighting, half-hearted grants of independent authority, and a lack of institutional support. Conversely, the New York City Campaign Finance Board (“CFB”) is recognized as an example of meaningful enforcement and relative political independence. By implementing changes that translate the CFB’s …
Court Reform With Chinese Characteristics, Margaret Y.K. Woo
Court Reform With Chinese Characteristics, Margaret Y.K. Woo
Washington International Law Journal
In Court Reform on Trial: Why Simple Solutions Fail, Malcolm Feeley identified a number of obstacles that undermine reforms of the United States court system. Feeley’s proposed solution was to adopt a problem-oriented “rights strategy”—letting the courts themselves solve their problems through litigation. This is because litigation is a forum in which courts are well placed to identify specific problems and devise pragmatic solutions. This Article takes a look at this proposition in the context of court reforms in China and concludes that courts (and law) are also a reflection of national goals and identity. Any reforms to a …
Victim Participation In Japan, Erik Herber
Victim Participation In Japan, Erik Herber
Washington International Law Journal
In 2008, a victim participation system was introduced in Japan, which enabled crime victims to participate in criminal proceedings. One of the goals of the system was to correct the wrong done to victims due to their lack of previous involvement, thus giving crime victims what they “naturally desire.” Employing Malcolm Feeley’s analytical framework to make sense of planned legal change, this Article shows that the new system emerged against the background of a combination of international trends: victim activism and public perceptions of crime getting out of hand. It finds that for reasons that are not well understood, only …
Assessing The Direct And Indirect Impact Of Citizen Participation In Serious Criminal Trials In Japan, Matthew J. Wilson
Assessing The Direct And Indirect Impact Of Citizen Participation In Serious Criminal Trials In Japan, Matthew J. Wilson
Washington International Law Journal
In Japan, the idea of citizen involvement in the judicial process has gained greater acceptance over the past decade. On May 21, 2009, Japan implemented its saiban’in seido or “lay judge system” as part of monumental legal reforms designed to encourage civic engagement, enhance transparency, and provide greater access to the justice system. About eight years before this historic day, a special governmental committee known as the Justice System Reform Council (“JSRC”) set forth wide-sweeping recommendations for revamping Japan’s judicial system. The underlying goals targeted three pillars of fundamental reform, namely: (i) a justice system that is “easier to use, …
East Asian Court Reform On Trial: Comments On The Contributions, Malcolm M. Feeley
East Asian Court Reform On Trial: Comments On The Contributions, Malcolm M. Feeley
Washington International Law Journal
I am honored to have my book, Court Reform on Trial: Why Simple Solutions Fail, serve as the organizing framework for this symposium. The enterprise has proven valuable as it provided a reason to assemble a set of articles that focus on important changes in Asian courts in recent decades. Further, it appears that the reforms in three of the countries are loosely related to each other. While Japan had a head start on judicial reforms, both Korea and Taiwan embarked on the same path as soon as they had shed authoritarian rule. China has pursued a more ambitious …
Advance Toward "People's Court" In South Korea, Yong Chul Park
Advance Toward "People's Court" In South Korea, Yong Chul Park
Washington International Law Journal
Since 2008, criminal jury trials have been implemented in South Korea with the Citizen Participation in Criminal Trials Act. Under the Act, defendants have the option to choose a jury trial over a bench trial, although jury verdicts, as well as sentencing opinions rendered by a jury, are not binding on the court pursuant to Article 46(2) of the Act. While Korea’s adoption of a criminal jury trial was an ambitious move toward judicial reform, it has faced serious obstacles and has had limited influence over the Korean judicial system. In this Article, I use the five stages of planned …
Introduction Of Videotaping Of Interrogations And The Lessons Of The Imaichi Case: A Case Of Conventional Criminal Justice Policy-Making In Japan, Setsuo Miyazawa, Mari Hirayama
Introduction Of Videotaping Of Interrogations And The Lessons Of The Imaichi Case: A Case Of Conventional Criminal Justice Policy-Making In Japan, Setsuo Miyazawa, Mari Hirayama
Washington International Law Journal
Malcolm M. Feeley examined cases of criminal justice reform in the United States, where reforms can be conceived and initiated in a very open structure, but implementation of the introduced reforms can be handed over to highly fragmented implementers. The story of mandatory videotaping of interrogations and accompanying changes in Japan demonstrates the reform process at the other end of the scale, where the members of the criminal justice establishment can exert a strong influence even at the conception and initiation stages, and have even stronger control at the implementation and routinization stages. We believe that Feeley’s theoretical framework can …
Diversification Of The Japanese Judiciary, Daniel H. Foote
Diversification Of The Japanese Judiciary, Daniel H. Foote
Washington International Law Journal
Japan has a career judiciary. The Courts Act of 1947 provides that judges may be appointed from among prosecutors, attorneys, and law professors. In practice, however, the vast majority of judges come from a fourth category, “assistant judges,” who are appointed directly upon completion of the legal training program and typically serve through retirement. This continues a career tradition that dates back to the late nineteenth century. For nearly that long, the Japanese bar has been advocating that the career system should be abolished and that a substantial portion of the judiciary, if not all judges, should be drawn from …
East Asian Court Reform On Trial: Introduction To The Symposium, Setsuo Miyazawa
East Asian Court Reform On Trial: Introduction To The Symposium, Setsuo Miyazawa
Washington International Law Journal
No abstract provided.
Criminal Court Reform In Taiwan: A Case Of Fragmented Reform In A Not-Fragmented Court System, Kai-Ping Su
Criminal Court Reform In Taiwan: A Case Of Fragmented Reform In A Not-Fragmented Court System, Kai-Ping Su
Washington International Law Journal
This Article examines the character of Taiwan’s criminal court system and proposed court reforms. Taiwan’s criminal court is a not-fragmented system, distinct from the fragmented American criminal court. In fact, with hierarchical control in prosecutorial rulings and central administration of judicial decision-making, Taiwan’s criminal court system can be deemed a relatively centralized and bureaucratic organization. Given this context, when Taiwan’s criminal justice system disappoints the people, judges take the blame for the failures of the system. To resolve the serious problem of public distrust in judges and the court system, Taiwan’s government and the judicial authority make “responding to expectations …
The Supreme People's Court's Annual Report On Intellectual Property Cases (2016) (China), Tianyi (Tammy) Wu, Xiaoyang Wang
The Supreme People's Court's Annual Report On Intellectual Property Cases (2016) (China), Tianyi (Tammy) Wu, Xiaoyang Wang
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The Annual Report summarizes intellectual property cases, such as patent, trademark, copyright, trade secrets, and unfair competition cases. This 2016 Annual Report examines 27 cases and includes general guidelines for legal application. It reflects the Supreme People’s Court’s thoughts and approaches for ruling on new, difficult, and complex IP and competition cases.
Electoral Choices, Ethnic Accommodations, And The Consolidation Of Coalitions: Critiquing The Runoff Clause Of The Afghan Constitution, Mohammad Bashir Mobasher
Electoral Choices, Ethnic Accommodations, And The Consolidation Of Coalitions: Critiquing The Runoff Clause Of The Afghan Constitution, Mohammad Bashir Mobasher
Washington International Law Journal
Article sixty-one of the Afghan Constitution requires a candidate to win an absolute majority of votes to become the president. This constitutional rule comprises a runoff clause, which prescribes a second round of elections between the two front-runners should no candidate win over 50% of the votes in the first round. While this article agrees with the majority view of Afghan scholars and politicians who see the runoff clause as instrumental to developing trans-ethnic coalitions and governments, it distinguishes between the formation of alliances and their consolidation. Ultimately, this article posits that the runoff clause actually impedes the long-term success …
The Fight For Green Economies: The Role Of Sustainable Development In Nations Facing Turmoil, Lucy K. Infeld
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 …
The Criminal Mind: Neuroscientific Evidence As A Mitigating Factor In Sentencing In New South Wales, Australia, Ellie A. Page
The Criminal Mind: Neuroscientific Evidence As A Mitigating Factor In Sentencing In New South Wales, Australia, Ellie A. Page
Washington International Law Journal
“Neurolaw” is the emerging field of Law and Neuroscience that has the potential to lend insight into an offender’s mental state and influence criminal responsibility. In New South Wales, Australia, courts allow neuroscientific evidence of an offender’s cognitive impairment as a consideration in sentencing proceedings. In this comment, I discuss the discretionary nature of New South Wales’ sentencing regime and the limitations of how neuroscience may be utilized within that regime. Although neuroscientists can address the association of an offender’s cognitive impairment with the commission of a crime, they cannot identify, with certainty, a causal relationship. I analyze an original …
The Evolution Of Antimonopoly Proceedings In Japan: Observations Of Third Party Standing To Sue In The Case Involving Jasrac, Yutaka Ishida
The Evolution Of Antimonopoly Proceedings In Japan: Observations Of Third Party Standing To Sue In The Case Involving Jasrac, Yutaka Ishida
Washington International Law Journal
Japan’s Antimonopoly Proceeding has repeatedly changed throughout the 21st century. Originally enacted as the Preliminary Review Procedure, the administrative process evolved into the Complaint Review Procedure from 2005 to 2013, before becoming the Direct Appeal to District Court Procedure in effect now. The proceedings allow the Japan Fair Trade Commission ("JFTC") to regulate the market and shield it from monopolistic behavior. The Japanese Society for Rights of Authors, Composers, and Publishers ("JASRAC") dominates the music copyright management service provider industry in Japan. The company's fee collection methods led the JFTC to issue it a cease and desist order under the …
Tokyo High Court, Judgment For Jasrac Case (2013) (Japan), Chengyu Shi
Tokyo High Court, Judgment For Jasrac Case (2013) (Japan), Chengyu Shi
Washington International Law Journal
The Tokyo High Court, Judgment of November 1, 2013 made a unique judgment in regard to standing to sue for a party who is not a direct addressee. Under the Japanese Administrative Case Litigation Act Article 9, Section 1, only “a person with legal interest” can bring an administrative lawsuit. The definition of “a person with legal interest” for revocation of a public order is an individual whose legal rights or interests are protected by law and are being infringed or threatened with unavoidable infringement. In addition to this definition, the Court considered not only the text of the law, …
South Africa's Dilemma: Immunity Laws, International Obligations, And The Visit By Sudan's President Omar Al Bashir, Ntombizozuko Dyani-Mhango
South Africa's Dilemma: Immunity Laws, International Obligations, And The Visit By Sudan's President Omar Al Bashir, Ntombizozuko Dyani-Mhango
Washington International Law Journal
President Al Bashir has avoided the International Criminal Court (“ICC”) for seven years and has been able to travel to both states that are party to the Rome Statute and states that are not without any consequences. The existence of customary international law immunities makes it difficult for the ICC to be able to discharge its duties without the cooperation of states parties. The silence of the Security Council and its failure to clarify Security Council Resolution 1593 (2005) on whether the resolution indeed removes Sudan’s immunities in order for President Al Bashir to be arrested and surrendered to the …
Globalization Of Constitutional Identity, Bui Ngoc Son
Globalization Of Constitutional Identity, Bui Ngoc Son
Washington International Law Journal
This Article extends Gary J. Jacobsohn’s theory of constitutional identity to better understand the dynamics of constitutional identity in the era of globalization. The extended theoretical framework features the relation of constitutional globalization to the change of national constitutional identity. Within that framework, this Article offers an original, empirical examination of the case of Vietnam and compares it with other socialist regimes (China, Laos, North Korea, and Cuba). It argues that globalization induces adaption to the socialist constitutional identity. The socialist constitutional identity is adapted by the pragmatic incorporation of fundamental ideas and principles of global constitutionalism. Consequently, the essence …
Appellations And Adaptations: Geographical Indication, Viticulture, And Climate Change, Raz Barnea
Appellations And Adaptations: Geographical Indication, Viticulture, And Climate Change, Raz Barnea
Washington International Law Journal
Fine wine as we know it is a relatively modern innovation. But French wine culture presents a mythology of a stable and venerable tradition dating back centuries. Central to this mythology is the concept of terroir: the notion that the place—both the land and the people—defines the product. In the early Twentieth Century, France adopted laws giving local producers of wine exclusive rights to name the wine for the region of its origin. These regions, called appellations, have come to stand for the type and quality of wine produced within them—Champagne and Bordeaux are two well-known examples. The appellation regime …