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Comparative and Foreign Law Commons™

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2005

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Articles 91 - 120 of 318

Full-Text Articles in Comparative and Foreign Law

Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger May 2005

Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger

San Diego International Law Journal

This Article argues that given the unique and significant contribution of journalists to uncovering and documenting war crimes, the ICC should amend its evidentiary rules to recognize a qualified journalist's privilege. In doing so, the ICC should clearly identify who may benefit from such a privilege, clarify a procedure for balancing the need of reportorial testimony against prosecution and defense interests, and, lastly provide for mandatory consultations between the court and affected news organizations or journalists before allowing the issuance of a subpoena. Such clarity will benefit not only journalists working in war zones and the ICC, but will provide …

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Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto May 2005

Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto

San Diego International Law Journal

This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …

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China's Media: The Impact Of The Internet, Richard Cullen, D. W. Choy May 2005

China's Media: The Impact Of The Internet, Richard Cullen, D. W. Choy

San Diego International Law Journal

[T]his paper provides a review of how the use of the Internet has grown and been regulated in China. We then draw some conclusions on what the experience to date may have to tell us about future regulatory and usage patterns with respect to the Internet in China.

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Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith May 2005

Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith

San Diego International Law Journal

This Article will encompass the issues necessary to create such a report card. In the process of assessing Pakistan's efforts, this article will demonstrate that the measures taken in Pakistan are not sufficient to end bonded child labor. In addition, this comment proposes that the international community must expend more financial and legal resources to tackle the problem of child labor. Part II focuses on Pakistan's use of child labor. This includes a discussion of the history of child labor, the international rights being abrogated by child labor, the efforts implemented to combat child labor, and an evaluation of Pakistani …

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The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz May 2005

The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz

San Diego International Law Journal

This Article is not intended to deal with the feasibility of successfully implementing the [European Neighbourhood Policy] ENP, nor does it address its normative aspects from the European perspective. Instead, this article assumes that the parties will successfully implement the ENP, and on the basis of that assumption, attempts to provide a first, critical and interdisciplinary examination of the potentially significant impact of the ENP on the legal, economic, social, and trade landscape of the State of Israel, her citizens, economy, and on her relations with the EU and the United States.

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The Orphan Of China: Law And Literature In Contemporary China, Zhang Wanhong May 2005

The Orphan Of China: Law And Literature In Contemporary China, Zhang Wanhong

Cardozo Law Review

No abstract provided.

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The Jew As Translator In Soviet Russia, Harriet Murav May 2005

The Jew As Translator In Soviet Russia, Harriet Murav

Cardozo Law Review

No abstract provided.

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Moving From Impunity To Accountability In Post-War Liberia: Possibilities, Cautions, And Challenges, Rena L. Scott Apr 2005

Moving From Impunity To Accountability In Post-War Liberia: Possibilities, Cautions, And Challenges, Rena L. Scott

ExpressO

Liberia has become the quintessential example of an African failed state. Though Liberia’s civil war is officially over, war criminals are free and some are even helping run the transitional government under the authority of Liberia’s Comprehensive Peace Agreement (CPA). This peace agreement calls for the consideration of a general amnesty for those involved in the Liberian civil war alongside the parceling of governmental functions among members of various rebel groups. The drafters of the agreement claim that this was the only viable solution for sustainable peace in Liberia. Meanwhile, Charles Taylor relaxes in Nigeria’s resort city of Calabar. To …

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Exporting U.S. Anti-Terrorism Legislation And Policies To The International Law Arena, A Comparative Study: The Effect On Other Countries' Legal Systems, Olga Kallergi Apr 2005

Exporting U.S. Anti-Terrorism Legislation And Policies To The International Law Arena, A Comparative Study: The Effect On Other Countries' Legal Systems, Olga Kallergi

Cornell Law School Inter-University Graduate Student Conference Papers

The terrorist attack on the World Trade Center in New York on 9/11 set in motion a new era all over the world: an era of a world uniting against a common enemy, but also an era of insecurity and fear. Laws have been changed worldwide, nations have united against a common threat, legal theories and beliefs of centuries have been questioned, and civil liberties have been replaced by a need for national safety. Has this worldwide effort worked? Is our world a better place now that we are all fighting the same enemy? Did we learn from our past …

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The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law Apr 2005

The Paradox Of Omnipotence: Courts, Constitutions, And Commitments, David S. Law

ExpressO

Sovereigns, like individuals, must sometimes make commitments that limit their own freedom of action in order to accomplish their goals. Social scientists have observed that constitutional arrangements can, by restricting a sovereign’s power, enable the sovereign to make such commitments. This essay advances several claims about the commitment problems that sovereigns face. First, constitutions do not necessarily solve such problems but can instead aggravate them, by entrenching inalienable governmental powers and immunities. Second, sovereigns and other actors face two distinct varieties of commitment problems – undercommitment and overcommitment – between which they must steer: an actor that can bind itself …

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Modernization Of European Antitrust Enforcement: The Economics Of Regulatory Competition, Ben Depoorter, Francesco Parisi Apr 2005

Modernization Of European Antitrust Enforcement: The Economics Of Regulatory Competition, Ben Depoorter, Francesco Parisi

George Mason University School of Law Working Papers Series

In this article we analyze the expected effects of regulatory overlap in European competition law resulting from Regulation 1/2003. Drawing upon recently developed economic theories of regulatory competition, our model foresees a number of qualitative adjustments resulting from this reform. On one hand, the direct applicability of the exemption provision should increase the overall amount of exemptions. On the other hand, a decentralized system permits private litigants' forum shopping, and parallel enforcement by multiple national competition authorities will drive up the number of infringement findings. Although the precise direction of substantive competition law is unclear, the overall effect is higher …

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Constitutionalism Through The Looking Glass Of Latin America, Miguel Schor Apr 2005

Constitutionalism Through The Looking Glass Of Latin America, Miguel Schor

ExpressO

This Article explores the following question: why did constitutionalism in Latin America take a different path than in the United States? Constitutions were adopted throughout the New World in the wake of independence movements in the late eighteenth and early nineteenth centuries to effectuate republican government. Yet constitutionalism in Latin America led to dictatorship whereas constitutionalism in the United States led to republican government. The conventional answer to this issue is that the constitution was entrenched in the United States because law is independent from politics, whereas constitutions were not entrenched in Latin America because politics trumped constitutions. This Article …

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The Parental Discipline Defense In New Zealand: The Potential Impact Of Reform In Civil Proceedings, Jennifer A. Brobst Apr 2005

The Parental Discipline Defense In New Zealand: The Potential Impact Of Reform In Civil Proceedings, Jennifer A. Brobst

North Carolina Central Law Review

No abstract provided.

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The Promise Of Equality: A Comparative Analysis Of The Constitutional Guarantees Of Equality In India And The United States, Nicole Lillibridge Apr 2005

The Promise Of Equality: A Comparative Analysis Of The Constitutional Guarantees Of Equality In India And The United States, Nicole Lillibridge

William & Mary Bill of Rights Journal

No abstract provided.

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Follow The Leader?: Japan Should Formally Abolish The Execution Of The Mentally Retarded In The Wake Of Atkins V. Virginia, Simon H. Fisherow Apr 2005

Follow The Leader?: Japan Should Formally Abolish The Execution Of The Mentally Retarded In The Wake Of Atkins V. Virginia, Simon H. Fisherow

Washington International Law Journal

Japan is the only industrialized democracy in the world to not explicitly proscribe the execution of the mentally retarded. In the face of opposition from both international bodies and non-governmental organizations, Japan persists in engaging in a practice condemned by both international law and the laws of the vast majority of the world's nations. Even the United States, a nation that remains staunchly pro-death penalty, abandoned its practice of executing the mentally retarded in 2002 due to the emergence of a national consensus against the practice. This Comment examines Japan's use of the death penalty and its imposition on mentally …

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Ethical Standards Of Japanese Lawyers: Translation Of The Ethics Codes For Six Categories Of Legal Service Providers, Kyoko Ishida Apr 2005

Ethical Standards Of Japanese Lawyers: Translation Of The Ethics Codes For Six Categories Of Legal Service Providers, Kyoko Ishida

Washington International Law Journal

Today, Japanese attorneys and so-called "quasi-lawyers" (jun hōritsuka) face significant regulatory reforms to the legal services they provide. The justice system reform (shihō seido kaikaku) significantly expanded the scope of practice for quasi-lawyers in order to meet the country's growing need for legal assistance. Also, in November 2004 attorneys established new ethical standards which also apply to registered foreign business attorneys for the preparation of upcoming increase of population of attorneys. In contrast to the United States, where attorneys provide legal services almost exclusively, there are several licensed legal service providers other than attorneys (bengoshi …

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Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter Apr 2005

Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter

Washington International Law Journal

Illegal logging in the tropical forests of Papua New Guinea is one of the greatest threats to the forests and indigenous people of this island nation. Increasing pressure from the commercial logging industry, legislation that restrains customary ownership, and an unclear legal basis for this ownership subjects the indigenous people of Papua New Guinea to unscrupulous, unsustainable, and illegal logging practices. As a region central to the preservation of global ecological and cultural diversity, the devastating consequences of illegal logging in Papua New Guinea have become nationally and internationally significant. Customary ownership of the forests by the indigenous clans of …

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China's War On Graft: Politico-Legal Campaigns Against Corruption In China And Their Similarities To The Legal Reactions To Crisis In The U.S., Benjamin Van Rooij Apr 2005

China's War On Graft: Politico-Legal Campaigns Against Corruption In China And Their Similarities To The Legal Reactions To Crisis In The U.S., Benjamin Van Rooij

Washington International Law Journal

In the last two decades, China organized political campaigns to fight corruption. Such campaigns led to an increased prosecution of high-profile cases involving high-level officials. Perceived corruption in China, however, has not decreased as a result, because the campaigns failed to address widespread lower-level incidents. China's political campaigns against corruption—the politico-legal campaigns—are an example of the use of political methods to enhance the legal system. China has organized several politico-legal campaigns to promote public awareness of legal issues and combat crimes, including illegal drug trade, copyright infringements, and environmental violations. The Chinese politico-legal campaigns show that China needs its effective …

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Mexican Legal Dictionary And Desk Reference By Jorge A. Vargas, Keith S. Rosenn Apr 2005

Mexican Legal Dictionary And Desk Reference By Jorge A. Vargas, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

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Out Of Jahiliyya: Historic And Modern Incarnations Of Polygamy In The Islamic World, Brooke D. Rodgers-Miller Apr 2005

Out Of Jahiliyya: Historic And Modern Incarnations Of Polygamy In The Islamic World, Brooke D. Rodgers-Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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The Federal Civil Code Of Mexico, Jorge A. Vargas Apr 2005

The Federal Civil Code Of Mexico, Jorge A. Vargas

University of Miami Inter-American Law Review

No abstract provided.

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There Are Worse Things Than Being Alone: Polygamy In Islam, Past, Present, And Future, Heather Johnson Apr 2005

There Are Worse Things Than Being Alone: Polygamy In Islam, Past, Present, And Future, Heather Johnson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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The Formation Of The Caribbean Court Of Justice: The Sunset Of British Colonial Rule In The English Speaking Caribbean, Leonard Birdsong Apr 2005

The Formation Of The Caribbean Court Of Justice: The Sunset Of British Colonial Rule In The English Speaking Caribbean, Leonard Birdsong

University of Miami Inter-American Law Review

No abstract provided.

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Brazil's Agricultural Trade War: Success And Failure On The Southern Route To Antarctica, Becky L. Jacobs Apr 2005

Brazil's Agricultural Trade War: Success And Failure On The Southern Route To Antarctica, Becky L. Jacobs

University of Miami Inter-American Law Review

No abstract provided.

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Selecting The Supremes: The Appointment Of Judges To The Supreme Court Of Canada, Peter Mccormick Apr 2005

Selecting The Supremes: The Appointment Of Judges To The Supreme Court Of Canada, Peter Mccormick

The Journal of Appellate Practice and Process

No abstract provided.

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"Even In Dreams, They Are Coming": Islamic Fundamentalism And The Education Of Women In Afghanistan, Caroline B. Fleming Apr 2005

"Even In Dreams, They Are Coming": Islamic Fundamentalism And The Education Of Women In Afghanistan, Caroline B. Fleming

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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A Policy Of Mediocrity: A Review Of United States Policy Concerning The Women Of Afghanistan, Meghan Hallock Apr 2005

A Policy Of Mediocrity: A Review Of United States Policy Concerning The Women Of Afghanistan, Meghan Hallock

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria, Elizabeth Peiffer Apr 2005

The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria, Elizabeth Peiffer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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Stepping Onto A Moving Train: The Collision Of Illegal Logging, Forestry Policy, And Emerging Free Trade In The Russian Far East, Robert M. Crowley Apr 2005

Stepping Onto A Moving Train: The Collision Of Illegal Logging, Forestry Policy, And Emerging Free Trade In The Russian Far East, Robert M. Crowley

Washington International Law Journal

Faced with economic decline following the Soviet Union's collapse, Russia is energetically seeking ways to develop its economy and stimulate trade. In order to accomplish these goals, Russia has taken a number of steps to improve its interactions with its trading partners and reform its internal economic structures. Among the most sweeping areas of change are Russia's steps toward bilateral and multilateral free trade agreements and the proposed changes to its Forest Code. Externally, Russia has signed an agreement with China to stabilize relations, increase trade, and address shared environmental concerns, and has taken steps toward membership in the World …

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Article 9 Of The Japanese Constitution And The Rule Of Law, Kenneth L. Port Apr 2005

Article 9 Of The Japanese Constitution And The Rule Of Law, Kenneth L. Port

Cardozo Journal of International and Comparative Law

The article argues that Article 9 of the Japanese Constitution was originally intended to prevent Japan from maintaining any military forces, whether for offensive or defensive purposes. Despite this, Japan now has the fourth-largest military in the world, creating a contradiction between the Constitution's intent and current reality. The article contends that the Self-Defense Forces (SDF) are unconstitutional and proposes converting them into a disaster relief organization to align with the original pacifist vision of Article 9.

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