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Articles 31 - 60 of 228
Full-Text Articles in Comparative and Foreign Law
The Constitutional Crisis In Hong Kong—Is It Over?, Lin Feng
The Constitutional Crisis In Hong Kong—Is It Over?, Lin Feng
Washington International Law Journal
The judgment of the Hong Kong Court of Final Appeal ("CFA") in the right of abode case has created several constitutional issues, three of which will be addressed in this paper. They are: (1) whether the CFA has the authority to review Chinese legislation; (2) whether the National People's Congress Standing Committee ("NPCSC") should interpret or amend the Basic Law; and (3) whether an original legislative intent approach or a purposive approach should be adopted for the interpretation of the Basic Law. Prompt resolution of these issues is necessary to resolve constitutional uncertainty in Hong Kong. Successful resolution of these …
Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim
Building The Korean Film Industry's Competitiveness: Abolish The Screen Quota And Subsidize The Film Industry, Carolyn Hyun-Kyung Kim
Washington International Law Journal
Under Korean law, local theaters in Korea must show Korean films for at least 146 days each year. In 1998, this screen quota became the subject of heated debate between the United States and the Korean film industry when the United States demanded that Korea abolish it. The United States believes the quota violates free trade principles, while the Korean film industry argues that cultural products such as films cannot be equated with other commercial commodities. Cultural identities must be protected because a diversified global culture benefits all. Domestic film industries should be protected because films constitute a vehicle for …
Japan's Laws On Dual Nationality In The Context Of A Globalized World, Mie Murazumi
Japan's Laws On Dual Nationality In The Context Of A Globalized World, Mie Murazumi
Washington International Law Journal
Japan's Nationality Law has evolved into a law that tends to prevent or eliminate dual nationality. This characteristic conforms with the traditional view that every country should take steps to avoid situations of dual nationality. It also fits in with Japan's cultural homogeneity and long-developed sense of national loyalty. For over a century, the world viewed dual nationality as an evil to be avoided because of conflict of loyalty problems and difficulties with diplomatic protection. However, the postwar globalization process has produced a desire in many people to have dual nationality as a part of their global identity. Fewer conflicts …
The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney
The U.S. Push For Worldwide Patent Protection For Drugs Meets The Aids Crisis In Thailand: A Devastating Collision, Rosemary Sweeney
Washington International Law Journal
In response to pressure from the United States, Thailand amended its Patent Act in 1992 and 1999 to provide patent protection for drugs and to limit its control on the pricing, importation, and compulsory licensing of patented drugs. These amendments and, perhaps even more importantly, the threat of U.S. trade sanctions, will probably ensure continued high prices and thus restricted access to new, patented Acquired Immune Deficiency Syndrome ("AIDS") drugs in Thailand. These drugs have dramatically changed the length and quality of life of patients infected with Human Immunodeficieny Virus ("HIV") in developed countries. About one million Thais are infected …
The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor
The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor
Washington International Law Journal
On July 19, 1999, Australia lifted its ban on salmon imports and announced new salmon import guidelines. The new guidelines were promulgated in response to a World Trade Organization ("WTO") Appellate Body determination that the import ban violated the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"). Canada challenged Australia's new import guidelines, alleging that the new guidelines also violate the SPS Agreement. The WTO dispute settlement panel held that, with the exception of only one provision, Australia's new salmon import guidelines are based on appropriate scientific risk analyses and are now in line with comparable import …
A Silent Emergency Persists: The Limited Efficacy Of U.S. Investment Sanctions On Burma, Anna E. Johansson
A Silent Emergency Persists: The Limited Efficacy Of U.S. Investment Sanctions On Burma, Anna E. Johansson
Washington International Law Journal
For the past three decades, the repressive military junta that has ruled Burma has engaged in torture, extra-judicial killings, compulsory labor, and arbitrary arrests and detentions. Economic growth and human development in Burma have stagnated. In response to human rights abuses and uninhibited drug production and trafficking, the United States imposed investment sanctions on Burma in 1997. However, Burma's regional alliances and illicit profits from drugs have filled any vacuum left by withdrawal of U.S. investments and have neutralized the effect of the sanctions. Therefore, the United States needs to rethink its current sanctions scheme. The United States should consider …
Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat
Punishment And Preventing Pollution In Japan: Is American-Style Criminal Enforcement The Solution?, Robert G. Kondrat
Washington International Law Journal
Both Japan and the United States face the ongoing threat of intentional and preventable pollution. From 1970 until the mid-1980s, Japan utilized its environmental crime laws to punish and prevent intentional and preventable acts of pollution. After this period, however, the number of environmental crime arrests and prosecutions in Japan declined. In contrast, since the 1980s, the United States has continued to expand the number of prosecutors and investigators dedicated to the enforcement of environmental crime laws. These divergent trends can be explained by the different pollution histories, enforcement personnel structures, regulatory strategies, and case law of the two countries. …
Carl Schmitt And The Revival Of The Doctrine Of The Constituent Power In The United States, Andrew Arato
Carl Schmitt And The Revival Of The Doctrine Of The Constituent Power In The United States, Andrew Arato
Cardozo Law Review
No abstract provided.
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Cardozo Law Review
No abstract provided.
The Metaphysics Of Constituent Power: Schmitt And The Genesis Of Chile's 1980 Constitution, Renato Cristi
The Metaphysics Of Constituent Power: Schmitt And The Genesis Of Chile's 1980 Constitution, Renato Cristi
Cardozo Law Review
No abstract provided.
Franco's Spain, Queer Nation?, Gema Pérez-Sánchez
Franco's Spain, Queer Nation?, Gema Pérez-Sánchez
University of Michigan Journal of Law Reform
This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. The Article concludes by analyzing a literary work to illustrate the social impact of Francoism's homophobic law against homosexuality.
Querying A Queer Spain Under Franco, Peter Kwan
Querying A Queer Spain Under Franco, Peter Kwan
University of Michigan Journal of Law Reform
There should be more articles in the legal journals such as Professor Gema Pérez-Sánchez's. In Franco's Spain, Queer Nation?, Professor Pérez-Sánchez has done a great service to legal scholarship in four respects. Firstly, she has written an appropriately far-ranging piece. In a discipline that has as one of its central missions the broadening of critical legal discourse, LatCrit can sometimes appear to suffer from symptoms of parochialism in its understandable emphasis on the Latina/o experience within American borders, or on the experience of its Latina/o immigrants once they have reached these shores. To be sure, this is not a problem …
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
University of Michigan Journal of Law Reform
Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid
Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid
Cardozo Journal of International and Comparative Law
The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, …
Reforming Confession Law British Style: A Decade Of Experience With Adverse Inferences From Silence, Mark Berger
Reforming Confession Law British Style: A Decade Of Experience With Adverse Inferences From Silence, Mark Berger
Faculty Works
In response to problems encountered in the administration of justice in Northern Ireland, the British government issued the Criminal Evidence (Northern Ireland) Order 1988 changing the character of how the right to silence and privilege against self-incrimination would apply in criminal justice proceedings occurring within Northern Ireland. In general terms, the Order provided that suspects under interrogation and criminal defendants at trial would be subject to adverse inferences if they failed to answer police questions or refused to testify in court. The Order included some qualifications on when and how adverse inferences would be used, and provided that such use …
The Effectiveness Of The Comprehensive Test Ban Treaty On Nuclear Weapons Proliferation: A Review Of Nuclear Nonproliferation Treaties And The Impact Of The Indian And Pakistani Nuclear Tests On The Non-Proliferation Regime, Vejay Lalla
Cardozo Journal of International and Comparative Law
The Comprehensive Test Ban Treaty (CTBT) and the Nuclear Non-Proliferation Treaty (NPT) are insufficient to curb nuclear proliferation due to weaknesses in their enforcement mechanisms, loopholes in their provisions, and challenges posed by new nuclear states like India and Pakistan. The treaties fail to address critical issues such as arbitrary withdrawal clauses and inadequate verification systems, undermining their effectiveness in achieving global nuclear disarmament.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
University of Miami Inter-American Law Review
No abstract provided.
The Dynamics Of Economic Integration In The Western Hemisphere: The Challenge To America, Alan C. Swan
The Dynamics Of Economic Integration In The Western Hemisphere: The Challenge To America, Alan C. Swan
University of Miami Inter-American Law Review
No abstract provided.
The Ottawa Convention Banning Landmines, The Role Of International Non-Governmental Organizations And The Idea Of International Civil Society, Kenneth Anderson
The Ottawa Convention Banning Landmines, The Role Of International Non-Governmental Organizations And The Idea Of International Civil Society, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
Establishment of the Ottawa Convention Banning Landmines was regarded by many international law scholars, international activists, diplomats and international organization personnel as a defining, 'democratizing' change in the way international law is made. By bringing international NGOs - what is often called 'international civil society' - into the diplomatic and international law-making process, many believe that the Ottawa Convention represented both a democratization of, and a new source of legitimacy for, international law, in part because it was presumably made 'from below'. This article sharply questions whether the Ottawa Convention and the process leading up to it represents and real …
The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene
The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene
All Faculty Scholarship
The Cuban Liberty and Democratic Solidarity (Libertad) Act (Helms-Burton Act) is the latest appendage to the Cuban embargo. Title III has caused an international uproar because it gives U.S. victims of Cuban expropriation a right of action within U.S. courts against third parties who traffic in confiscated property. For example, a U.S. citizen can sue a Canadian Mining company doing business in Cuba if they are operating on or using expropriated property. The Helms-Burton Act (HBA) targets U.S. allies who continue to trade and invest in Cuba regardless of pending U.S. claims of expropriation. In response to the HBA, Cuba, …
The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman
The Japanese Firearm And Sword Possession Control Law: Translator's Introduction, Mark Alleman
Washington International Law Journal
Japan's Firearm and Sword Possession Control Law was amended in 1993 and again in 1995, partially in response to changing firearms confiscation demographics. In the past, most firearms were confiscated from members of organized crime groups, and the Japanese viewed firearms largely as a danger related to organized crime. However, confiscation statistics suggest that firearms are moving into the hands of the general population, increasing the risk firearms pose to public safety in Japan. In response to this trend, Japan amended the Firearm and Sword Possession Control Law in 1993 and 1995 by adding add new crimes, more severe punishments, …
One Country, Two (Taxation) Sytems: A Treaty In All But Name, Andrew Halkyard
One Country, Two (Taxation) Sytems: A Treaty In All But Name, Andrew Halkyard
Washington International Law Journal
It came as no small surprise when it was announced in February 1998 that the Chinese mainland ("the Mainland") and Hong Kong had agreed to enter into an arrangement for the avoidance of double taxation of income. Although concerns of double taxation between the Mainland and Hong Kong tended to be more academic than practical, this arrangement helps establish a firm foundation for future co-operation by the Mainland and Hong Kong on trade and other economic matters. From a Hong Kong taxation perspective, it is one of the most significant developments to have occurred for a very long time. From …
The Proposed Revisions To Japan's Juvenile Law: If Punishment Is Their Answer, They Are Asking The Wrong Question, Jessica Hardung
The Proposed Revisions To Japan's Juvenile Law: If Punishment Is Their Answer, They Are Asking The Wrong Question, Jessica Hardung
Washington International Law Journal
The Juvenile Law in Japan turned fifty years old on January 1, 1999. Japan enjoys one of the lowest overall crime rates of any industrialized nation, but its juvenile crime rate is on the rise. The rise in juvenile crime has prompted Japanese legislators to propose changes to the Juvenile Law. This Comment argues that the majority of the proposed revisions, which do not focus on rehabilitation, should not be adopted and that social controls already in place are sufficient to combat any increase in juvenile delinquency. Japanese culture has unique characteristics that contribute to its low crime rate. In …
Antitrust In Japan: The Original Intent, Harry First
Antitrust In Japan: The Original Intent, Harry First
Washington International Law Journal
This Article examines the "original intent" of those involved in drafting Japan's Antimonopoly Act, passed in 1947. Japanese sources generally assume this legislation to be pure American invention, a foreign transplant that the Japanese did not understand and that was improperly imposed on a country in which antitrust was, and continues to be, irrelevant. Drawing on original Occupation documents, however, this Article shows that negotiators from Japan's government understood perfectly well what the legislation was about. More than understanding, the government of Japan in fact drafted the statute that was finally enacted, and its provisions reflect the success Japan's negotiators …
Firearm And Sword Possession Control Law, Mark Alleman
Firearm And Sword Possession Control Law, Mark Alleman
Washington International Law Journal
This Law sets forth safety regulations necessary for the prevention of harm related to the possession and use of firearms and swords.
Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld
Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Watching The Watchdog: China's State Compensation Law As A Remedy For Procuratorial Misconduct, Keith Hand
Watching The Watchdog: China's State Compensation Law As A Remedy For Procuratorial Misconduct, Keith Hand
Washington International Law Journal
In 1994, China enacted a comprehensive State Compensation Law ("SCL"). The SCL provides individuals and legal entities with the right to compensation in a limited number of situations in which they are harmed by illegal government acts. The purpose of the law is twofold: (1) to guarantee the rights of individuals and legal entities to obtain compensation and (2) to encourage state officials to exercise their powers lawfully. In theory, the SCL provides an important check on the conduct of procurators and other government officials. China's procurators serve dual roles as criminal prosecutors and as supervisors of the legal process. …
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Cardozo Law Review
No abstract provided.