Comparative and Foreign Law Commons^™

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Grayson Shade Walker

Emory International Law Review Symposia

No abstract provided.

Corporate Accountability In Transitional Justice: Reflections On An Ongoing Social Lab (Roundtable), Tatiana Devia, Avery Kelly, Kaushik Sunder Rajan

Biennial Conference: The Social Practice of Human Rights

This roundtable describes and reflects upon the Corporate Liability and Sustainable Peace (CLASP) Lab, a “social lab” convened to advance corporate accountability in post-conflict and transitional justice settings around the world. Launched in February 2021, the CLASP Lab is a virtual forum in three languages, bringing together more than 40 lawyers and community activists from 25 countries in Latin America, Africa and the Middle East to share experiences and devise strategies for holding corporations accountable for human rights violations, as part of processes of transitional justice.

Civil Disobedience From A Biblical Perspective, Gabriel Reed

Helm's School of Government Conference - 2021-2024

To say that civil disobedience is a complicated topic is to severely understate the topic. It is a subject matter that has derived many different and disparate opinions, points of view, and public policies. Specifically, within America today, we observe calls for civil disobedience from both sides of the political spectrum, over several divergent political ideals. These issues are, primarily, driven from both sides’ desire to provide protection and provision for the oppressed and those who cannot necessarily speak for themselves. The definition of who is necessarily oppressed and whom their oppressors are varies from person to person, regardless of …

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

Biennial Conference: The Social Practice of Human Rights

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning …

Transitional Justice, The Role Of The Judiciary And Rupture Of Democracy In Brazil In 2016, Jose Carlos Moreira Da Silva Filho

Distinguished Speaker Series

In comparison to the other countries in Latin America that suffered under civilian-military national security dictatorships in the second half of the 20th century, Brazil presented two peculiarities that had an enormous influence on the characteristics of the democratic regime that began in 1988: its amnesty law was enacted while the authoritarian regime was still in power, and throughout the period of the dictatorship, it promoted a broad and intensive process of judicialization of the political repression. I believe these aspects will influence and interact in a notable way with the new coup d’état process that began in Brazil in …

"Prostitution And Criminal Law: A Comparative Perspective, Alberto Cadoppi,

Distinguished Speaker Series

No abstract provided.

Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen

2013 New England Association for Asian Studies Conference

Twenty five years after launching its own legal modernization in response to Western imperialism, Japan imposed a modern legal system upon its first colony, Taiwan. In accordance with the “respecting old custom” colonial policy, the Japanese created a system called Taiwanese customary law, a mixture of imperial Chinese laws, local customs and European legal concepts, and gradually implemented its newly adopted European-style Meiji Civil Code (1898). However, even since the late 1910s when the colonial policy changed into “full-flag assimilation,” family law remained an exception to the transplantation of Japanese laws. That did not, however, mean that family law was …

Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu

Graduate Research Symposium (2010 - 2017)

Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a …