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Comparative and Foreign Law Commons™

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2006

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Articles 211 - 240 of 425

Full-Text Articles in Comparative and Foreign Law

Restoration Constitutionalism In The South Pacific, Venkat Iyer Feb 2006

Restoration Constitutionalism In The South Pacific, Venkat Iyer

Washington International Law Journal

The dilemmas confronting societies which move from a period of authoritarian rule to liberal democracy have increasingly engaged the attention of academic experts and policy-makers alike. One issue which has received comparatively less notice, however, is the phenomenon of “restoration constitutionalism,” i.e. the process by which the transitional society is sought to be returned to the constitutional order that predated the authoritarian rule. Recent events in Fiji offer a good example of how this process works in practice. This article looks at the relationship between constitutionalism and transitional regimes, and argues that, where the “rupture” in a constitutional order is …

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Aids Prevention And The Right To Health Under International Law: Burma As The Hard Case, Rhianna M. Fronapfel Feb 2006

Aids Prevention And The Right To Health Under International Law: Burma As The Hard Case, Rhianna M. Fronapfel

Washington International Law Journal

Many commentators suggest that states have a human rights obligation to prevent the spread of HIV/AIDS within their borders. Specifically, state HIV/AIDS prevention obligations are often premised on the “right to health” contained within many international human rights documents. Other approaches encourage states to implement AIDS prevention measures by emphasizing the detrimental effects of AIDS on economies and national and international security instead. Many commentators who adhere to the health-and-human-rights model, however, reject such other approaches as overly concerned with the interests of developed countries and lacking the ethical focus that underlies health and human rights. Implicit in such arguments …

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It's All The Rage: Popular Uprisings And Philippine Democracy, Dante B. Gatmaytan Feb 2006

It's All The Rage: Popular Uprisings And Philippine Democracy, Dante B. Gatmaytan

Washington International Law Journal

Massive peaceful demonstrations ended the authoritarian regime of Ferdinand Marcos in the Philippines twenty years ago. The “people power” uprising was called a democratic revolution and inspired hopes that it would lead to the consolidation of democracy in the Philippines. When popular uprisings were later used to remove or threaten other leaders, people power was criticized as an assault on democratic institutions and was interpreted as a sign of the political immaturity of Filipinos. The literature on people power is presently marked by disagreement as to whether all popular uprisings should be considered part of the people power tradition. The …

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Legal Market Liberalization In South Korea: Preparations For Change, Hyung Tae Kim Feb 2006

Legal Market Liberalization In South Korea: Preparations For Change, Hyung Tae Kim

Washington International Law Journal

South Korea’s World Trade Organization membership requires the “Land of the Morning Calm” to liberalize its legal market. South Korea submitted its proposal for liberalization in the spring of 2003 and planned to begin opening its legal market in 2005. However, disagreements between South Korea and other World Trade Organization members over the scope of liberalization have led to a one-year negotiation period extension, pushing back the planned market opening to early 2007. The Korean Bar Association has strongly opposed liberalization, claiming that liberalization will lead to the foreign domination of South Korea’s legal market. On the other hand, most …

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The Current State Of Equity Investments By Foreign Funds [In South Korea] And Related Legal Issues, Hee Chul Kang, Eugene Kim Feb 2006

The Current State Of Equity Investments By Foreign Funds [In South Korea] And Related Legal Issues, Hee Chul Kang, Eugene Kim

Washington International Law Journal

On September 15, 2004, the South Korean press gave extensive news coverage to a series of private individual “Question & Answer” session meetings which the Capital Group Companies Fund (“Capital Group”) held with many of the top chief executive officers (“CEOs”) of major Korean corporations. Known worldwide as a top U.S. private equity management company, the Capital Group is currently the largest institutional investor in South Korea. As a major shareholder of large corporations such as Samsung Electronics, the Shin Han Financial Group, SK Group, and Hyundai Motors, the U.S. investment firm invited their CEOs to address questions and seek …

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Creating A System For Citizen Participation: How The Nonprofit Sector Can Provide Citizens A Voice In Tokyo's Urban Development System, Nicolas J. Vikstrom Feb 2006

Creating A System For Citizen Participation: How The Nonprofit Sector Can Provide Citizens A Voice In Tokyo's Urban Development System, Nicolas J. Vikstrom

Washington International Law Journal

Recent changes in Japan’s civil society together with the current political and economic environment have created the first opportunity to develop a viable nonprofit sector that represents citizen interests and allows for public participation in Tokyo’s urban development scheme. Tokyo’s urban environment has failed to meet the social and cultural needs of its citizens due to unprecedented economic and industrial growth from the beginning of the Meiji era until the 1990s. Through this extended period of growth, the goal for urban development was solely to increase Tokyo’s economic strength, while social needs were not addressed. While the City Planning Law …

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The Use Of Tandem Mass Spectrometry In Newborn Screening: Australia's Experience And Its Implications For United States Policy, Lauren E. Fisher Feb 2006

The Use Of Tandem Mass Spectrometry In Newborn Screening: Australia's Experience And Its Implications For United States Policy, Lauren E. Fisher

Washington International Law Journal

In recent years, the United States has drastically increased the number of disorders screened through its newborn screening programs. This increase is made possible by the adoption of new a technology, the tandem mass spectrometer (“MS/MS”), which allows screening of up to thirty disorders from a single drop of a newborn’s blood. However, such rapid expansion of screening raises concerns regarding the purpose of the screening, as well as the current practices in place for obtaining informed consent. Similar expansion in Australia provides a model of one approach to address these difficult questions. As the first country to begin using …

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Using International Law More Effectively To Secure And Advance Indigenous Peoples' Rights: Towards Enforcement In U.S. And Australian Domestic Courts, John D. Smelcer Feb 2006

Using International Law More Effectively To Secure And Advance Indigenous Peoples' Rights: Towards Enforcement In U.S. And Australian Domestic Courts, John D. Smelcer

Washington International Law Journal

Over the past three decades, indigenous peoples have effected a remarkable redefinition of their status and rights under international law, giving rise to an emerging distinct customary international law of indigenous peoples’ rights. Though that process is ongoing, the next critical step is enforcing these congealing rights “at home” in the domestic courts of indigenous peoples’ surrounding nations. Australia and the United States provide the most difficult and most revealing contexts in which to explore the possibilities and limitations of this necessary next step. The direct enforcement of the emerging customary international law of indigenous peoples’ rights is not yet …

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Prospects For Citizen Participation In Criminal Trials In Japan, Colin P.A. Jones Feb 2006

Prospects For Citizen Participation In Criminal Trials In Japan, Colin P.A. Jones

Washington International Law Journal

A review of The Lay Judge System, by Takashi Maruta (2004).

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Form Over Substance: The Inadequacy Of Informed Consent And Ethical Review For Thai Injection Drug Users Enrolled In Hiv Vaccine Trials, Joan M. Doherty Feb 2006

Form Over Substance: The Inadequacy Of Informed Consent And Ethical Review For Thai Injection Drug Users Enrolled In Hiv Vaccine Trials, Joan M. Doherty

Washington International Law Journal

Acquired Immune Deficiency Syndrome (“AIDS”) has emerged as a health issue of global significance, and clinical research on Human Immunodeficiency Virus (“HIV”) and AIDS has become increasingly international in scope. A clinical trial of a vaccine designed to prevent the spread of the HIV raises important legal and ethical questions because injection drug users who were believed to be unsuitable subjects for study in the United States were singled out for research in Thailand. The protections for human subjects must not be compromised when U.S. pharmaceutical companies conduct research abroad, particularly where clinical trials are conducted in vulnerable populations. U.S. …

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Examining A Comparative Law Myth: Two Hundred Years Of Riparian Misconception, Andrea B. Carroll Feb 2006

Examining A Comparative Law Myth: Two Hundred Years Of Riparian Misconception, Andrea B. Carroll

Journal Articles

This article is a first step in an effort to critically examine - and to debunk - some of the myths that persist about the degree to which the common and civil law systems differ. Specifically, the article questions the validity of recent scholarly commentary suggesting that the primary differences between the systems can be found in their substantive legal rules or in their respective "spirits." A relatively narrow issue of riparian access perfectly highlights the problem. Nearly all of the high courts in the United States that have examined this particular riparian issue have chosen to adopt either the …

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"Never Again" Promise Broken Again. Again. And Again., Kelly Dawn Askin Feb 2006

"Never Again" Promise Broken Again. Again. And Again., Kelly Dawn Askin

Cardozo Law Review

No abstract provided.

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Australian Insolvency Law And The 1992 Isda Master Agreement—Catalyst, Reaction, And Solution, Christopher J. Mertens Feb 2006

Australian Insolvency Law And The 1992 Isda Master Agreement—Catalyst, Reaction, And Solution, Christopher J. Mertens

Washington International Law Journal

The reverberations of Enron’s financial collapse were heard on an international scale. Indeed, Enron Australia’s liquidation set off a flood of concern and speculation about the International Swaps and Derivatives Association’s (“ISDA”) model documentation for derivative transactions. A December 2003 opinion of the Supreme Court of New South Wales exposed a flaw in the ISDA 1992 Master Agreement. Two provisions of the agreement operate in tandem, creating a result which operates contrary to the clear meaning of the terms. This volatile interaction of the provisions effectively shifts the risk from the parties to the swap contract to the creditors of …

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No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel Feb 2006

No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel

Other Publications

No abstract provided.

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Agreeing To Disagree: Cultural Relativism And The Difficulty Of Defining Terrorism In A Post-9/11 World, Sami Zeidan Jan 2006

Agreeing To Disagree: Cultural Relativism And The Difficulty Of Defining Terrorism In A Post-9/11 World, Sami Zeidan

UC Law SF International Law Review

Paradoxically, in a post-9/11 world where there is an unprecedented international joint response to counter-terrorism, there is still no universal, permanent and comprehensive definition of terrorism. This essay exposes the legal and political issues arising from the tension created between the universal agreement to coordinate counter-terrorism efforts on the one hand, and the proliferation of culturally relativistic definitions of terrorism on the other.

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France: Banning Legal Pluralism By Passing A Law, Jessica Fourneret Jan 2006

France: Banning Legal Pluralism By Passing A Law, Jessica Fourneret

UC Law SF International Law Review

On March 15, 2004, French president Jacques Chirac enacted a law prohibiting public school students from wearing clothing and insignia that manifests a religious affiliation. The clear aim of the law was to prohibit female Muslim students from wearing headscarves to public schools. Critics of the ban state that wearing the headscarf is a Muslim woman's religious duty, akin to a law she must follow. This article explores the Western system of laws and the conflict between that system and religious belief systems which impose differing sets of laws. The author examines the impossible choice imposed on school-aged children as …

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Farmers In The Ip Wrench - How Patents On Gene-Modified Crops Violate The Right To Food In Developing Countries, Peter Straub Jan 2006

Farmers In The Ip Wrench - How Patents On Gene-Modified Crops Violate The Right To Food In Developing Countries, Peter Straub

UC Law SF International Law Review

Patented gene-modified crop seeds have a growing impact on how farming is done in the countries where they are sold and used. Modem patent regimes make all plants and plant material containing modified gene-material subject to the intellectual property rights of transnational corporations. Farmers are then faced with the choice of either entering into licensing agreements, or becoming patent infringers-with all the legal consequences-by marketing the fruits of their labor. This article examines how socioeconomic rights-especially the right to food as defined by Article 11.2 of the International Covenant on Economic, Social and Cultural Rights (CESCR)-of small-hold subsistence farmers in …

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A Comparative Look At The Right To Refuse Treatment For Involuntary Hospitalized Persons With A Mental Illness, Jennifer Fischer Jan 2006

A Comparative Look At The Right To Refuse Treatment For Involuntary Hospitalized Persons With A Mental Illness, Jennifer Fischer

UC Law SF International Law Review

The issues surrounding the legal responsibility of caring for and maintaining a person with a mental illness go back almost 2500 years. There has been considerable debate about the questions of involuntary hospitalization and the right to refuse treatment in the past few decades, especially in North America and Western Europe. As the importance of mental health and rights of persons with mental disabilities take on greater significance internationally, however, the debate is moving to the rest of the world. The objective of this article is to look at the various perspectives in the current debate and at how different …

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Russian Web Sites Jeopardize U.S. Users: The Dangers Of Importing Copyrighted Material Over The Internet, James Chapman Jan 2006

Russian Web Sites Jeopardize U.S. Users: The Dangers Of Importing Copyrighted Material Over The Internet, James Chapman

UC Law SF International Law Review

Russian web sites offer electronic versions of copyrighted music over the Internet for pennies a song. Protected by international borders and favorable domestic legal constraints, these Russian music distributors sell songs at much lower prices and without anti-piracy protections. The web sites claim the right to sell the music under Russian law, and unknowing purchasers are buying music believing they have finally found a cheap, legal, and moral alternative to domestic vendors and P2P networks. However, common misunderstandings of the copyright law may be placing purchasers of music from these Internet sites in danger of criminal and civil sanctions. This …

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Queer Refuge: A Review Of The Role Of Country Condition Analysis In Asylum Adjudications For Members Of Sexual Minorities, Arwen Swink Jan 2006

Queer Refuge: A Review Of The Role Of Country Condition Analysis In Asylum Adjudications For Members Of Sexual Minorities, Arwen Swink

UC Law SF International Law Review

More than 80 countries around the world have laws criminalizing sexual activity between consenting adults of the same sex. Physical and sexual abuse, harassment, detention, and extortion by police are common means of enforcing these laws. For many LGBT people who have been subjected to or who rightly fear persecution, political asylum may offer hope of protection, but the asylum process is not without its pitfalls. This article seeks to explore some of the difficulties the asylum adjudication process may pose for LGBT people seeking refuge from persecution. Specifically, this article addresses the various ways in which asylum adjudicators in …

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The Emergence Of The Hellenic Deliberative Ideal: The Classical Humanist Conception Of Comparative Law, Richard Brooks Jan 2006

The Emergence Of The Hellenic Deliberative Ideal: The Classical Humanist Conception Of Comparative Law, Richard Brooks

UC Law SF International Law Review

Modern comparative law is based upon the failed Enlightenment premise of comparative law as legal science. Awareness of the earlier writings of Hellenic historians, philosophers, rhetoricians, and dramatists suggest that comparative law should be conceived as a process of political deliberation. Herodotus, Thucydides, and Polybius suggest how history frames the choices which comparativists must make. Aristotle and Plato demonstrate how to deliberate about conflicting laws and legal regimes. The rhetorician, Isocrates, argues for rhetoric to be brought to bear on the debates about different legal regimes. The Greek dramatists portray the anguish and regret which necessarily follows the final choice …

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Opening Our Classrooms Effectively To Foreign Graduate Students, Lauren K. Robel Jan 2006

Opening Our Classrooms Effectively To Foreign Graduate Students, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

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El Convenio Terrorism Nuclear: Seran Clasificados Los Detenidos Como "Combatientes Enemigos" Por Los Estados Unidos?, Heather R. Demner Jan 2006

El Convenio Terrorism Nuclear: Seran Clasificados Los Detenidos Como "Combatientes Enemigos" Por Los Estados Unidos?, Heather R. Demner

ILSA Journal of International & Comparative Law

Mientras las imigenes de los recientes bombardeos producidos en ferrocarriles subterfineos y autobuses en Londres el 7 de julio del 2005 aparecen en peri6dicos y estaciones de noticias alrededor del mundo, la comunidad intemacional revive las imigenes atroces de los atentados terroristas del once de septiembre contra las torres gemelas de Nueva York hacidndoles recordar que la amenaza del terrorismo no ha desaparecido.'

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Enhancing Accountability At The International Level: The Tension Between International Organization And Member State Responsibility And The Underlying Issues At The Stake, Ralph Wilde Jan 2006

Enhancing Accountability At The International Level: The Tension Between International Organization And Member State Responsibility And The Underlying Issues At The Stake, Ralph Wilde

ILSA Journal of International & Comparative Law

Since 1945, international organizations have come to play a major role in international and national affairs. All states (apart from the Vatican City) are members of the United Nations and subject to the binding resolutions of the Security Council, such as the series of resolutions imposing a broad range of obligations relating to activities prescribed as 'terrorist';' many states are subject to the jurisdiction of international courts and tribunals, from the WTO dispute settlement process to the International Tribunal on the Law of the Sea

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Filling The Void: Providing A Framework For The Legal Regulation Of The Military Companent Of The War On Terror Through Application Of Basic Principles Of The Law Of Armed Conflict, Professor Geoffrey S. Corn Jan 2006

Filling The Void: Providing A Framework For The Legal Regulation Of The Military Companent Of The War On Terror Through Application Of Basic Principles Of The Law Of Armed Conflict, Professor Geoffrey S. Corn

ILSA Journal of International & Comparative Law

In 1961, the Supreme Court of the United States held in Mapp v. Ohio' that the Fourteenth Amendment to the United States Constitution required imposition of the exclusionary rule for evidence improperly seized by State officials.

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U.N. Reform And The International Court Of Justice: Introductory Statement, Ambassador Andrew Jacovides Jan 2006

U.N. Reform And The International Court Of Justice: Introductory Statement, Ambassador Andrew Jacovides

ILSA Journal of International & Comparative Law

It is customary during anniversaries to devote some attention to introspection and stock taking. Looking back at my own writings on the subject of U.N. reform (during the fortieth, the fiftieth and now the sixtieth anniversary in 1985, 1995 and this year), I confirmed my long held conviction that the United Nations is indispensable and its Charter, in its basic provisions, has stood the test of time.

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Political Conflict And Freedom Of Expression In Venezuela, Ambassador Bernardo Alvarez Herrera Jan 2006

Political Conflict And Freedom Of Expression In Venezuela, Ambassador Bernardo Alvarez Herrera

ILSA Journal of International & Comparative Law

Good morning. Thank you for inviting me to speak on this important subject. First off, let me start by saying that contrary to popular belief, the freedom of expression and the press are alive and well in Venezuela.

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Nulclear Non-Proliferation And Unique Issues Of Compliance, Gustavo R. Zlauvinen Jan 2006

Nulclear Non-Proliferation And Unique Issues Of Compliance, Gustavo R. Zlauvinen

ILSA Journal of International & Comparative Law

Christopher Ford just spoke about compliance assessment and compliance enforcement, which are two concepts very inter-related and essential to non- proliferation.

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American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova Jan 2006

American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova

ILSA Journal of International & Comparative Law

September 1 1th ushered in a period of existential doubt for many Americans, raising questions about why we are hated, what are our values, and what, if anything, should change.

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Presidential Authority And The War On Terror, Joseph W. Dellapenna Jan 2006

Presidential Authority And The War On Terror, Joseph W. Dellapenna

ILSA Journal of International & Comparative Law

I]t is an established fact that documents justifying and authorizing the abusive treatment ofdetainees during interrogation were approved and distributed

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