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Comparative and Foreign Law Commons

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2009

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Articles 151 - 180 of 309

Full-Text Articles in Comparative and Foreign Law

China's Anti-Monopoly Law: Insights From U.S. And Eu Precedents On Abuse Of Dominance And Ip Exemption Provisions, Yin Zhou Jan 2009

China's Anti-Monopoly Law: Insights From U.S. And Eu Precedents On Abuse Of Dominance And Ip Exemption Provisions, Yin Zhou

UC Law SF International Law Review

Since opening to the global market in 1978, China has enjoyed consistent and rapid economic growth for the past three decades. Such liberalization and economic growth created a need for regulations to maintain a smoothly functioning market. By the mid-1990s, the need for a set of antitrust laws became apparent in light of the rise in domestic consumerism and investments from large foreign corporations. After thirteen years of drafting and revisions, China passed its Anti-Monopoly Law ("AML") on August 30, 2007. The AML came into effect a year later on August 1, 2008, but many companies started seeking legal advice …


What The Rest Think Of The West - Legal Dimensions, Laura Nader Jan 2009

What The Rest Think Of The West - Legal Dimensions, Laura Nader

UC Law SF International Law Review

No abstract provided.


Law Across Borders: What Can The United States Learn From Japan, Eric A. Feldman Jan 2009

Law Across Borders: What Can The United States Learn From Japan, Eric A. Feldman

UC Law SF International Law Review

No abstract provided.


Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi Jan 2009

Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi

UC Law SF International Law Review

No abstract provided.


The Exceptional Nature Of Terrorism: The United States And Middle Eastern Legal Systems, Wadie E. Said Jan 2009

The Exceptional Nature Of Terrorism: The United States And Middle Eastern Legal Systems, Wadie E. Said

UC Law SF International Law Review

No abstract provided.


La Costumbre Como Fuente Del Derecho: Sistema Juridico Argentino Y Comparado, German Savastano Jan 2009

La Costumbre Como Fuente Del Derecho: Sistema Juridico Argentino Y Comparado, German Savastano

ILSA Journal of International & Comparative Law

El objetivo del presente articulo es reflexionar sobre la costumbre como fuente del derecho en el sistema juridico argentino y comparado.


U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez Jan 2009

U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez

ILSA Journal of International & Comparative Law

For at least twelve years, Security Council reformers have proposed many ways to enlarge the size and diversify the composition of that body.


The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl Jan 2009

The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl

UIC Law Review

No abstract provided.


Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell Jan 2009

Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell

UIC Law Review

No abstract provided.


The Law And The Host Of The Canterbury Tales, 43 J. Marshall L. Rev. 51 (2009), Frederick B. Jonassen Jan 2009

The Law And The Host Of The Canterbury Tales, 43 J. Marshall L. Rev. 51 (2009), Frederick B. Jonassen

UIC Law Review

No abstract provided.


Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris Jan 2009

Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris

Michigan Journal of Gender & Law

This Article explains the particular difficulties that female asylum seekers and survivors of gender-related persecution face, reaffirming the need for the practical and sensitive application of international and domestic gender guidelines. Extensive research into client files and interviews with key decision makers prove that, despite scholarship suggesting that women may be advantaged in asylum proceedings, a focus on gender is still needed in the South African context. While there are undoubtedly problematic elements of the 1998 Refugees Act warranting its revision, the addition of gender as an additional category under the refugee definition, as proposed by the recent Refugees Amendment …


Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman Jan 2009

Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman

Michigan Journal of Gender & Law

In this Article the author will examine not only the substantive legal differences between the United States, Canada, and France, but will also explore how these legal rules fit within a broader social, political, and religious setting. This Article will pursue four lines of inquiry. First, it will briefly chronicle the history of criminal prosecution of pregnant women in America and show how these prosecutions have become markedly more aggressive over the last twenty years. Second, it will situate these prosecutions in the full context of American law and culture, demonstrating how the fetus has received increasing legal recognition in …


Directors' Liability For Corporate Faults And Defaults—An International Comparison, Helen Anderson Jan 2009

Directors' Liability For Corporate Faults And Defaults—An International Comparison, Helen Anderson

Washington International Law Journal

Australia’s new Rudd Government has indicated to business leaders that it intends to review various aspects of corporate law, including the imposition of personal liability on directors for corporate fault. Their concern is that the present corporate law regime is causing directors to be overly cautious in making decisions, to the detriment of the efficient operation of companies and the well-being of our economy. At the same time, the government acknowledges the importance of imposing appropriate sanctions where a company or its officers fail to meet required standards. These are universal concerns. To inform this debate, this article will look …


Thin Shields Pierce Easily: A Case For Fortifying The Journalists' Privilege In New Zealand, Devin M. Smith Jan 2009

Thin Shields Pierce Easily: A Case For Fortifying The Journalists' Privilege In New Zealand, Devin M. Smith

Washington International Law Journal

In late 2006, New Zealand’s Parliament inserted Section 68 into the nation’s Evidence Act 2006, providing for the first time a testimonial privilege specifically protecting journalists from compelled disclosure of their confidential sources. The privilege, commonly referred to as a shield law, has been met with approval from politicians, media commentators, and journalists, both in New Zealand and beyond. While New Zealand’s reporter shield law goes a long way toward extending press freedoms, it ultimately falls short of the country’s historically robust commitment to the free flow of information. Section 68’s most glaring shortcoming is the ease with which a …


Entitled Against None: How The Wrongly Decided Croker Island Case Perpetuates Aboriginal Dispossession, Siiri Aileen Wilson Jan 2009

Entitled Against None: How The Wrongly Decided Croker Island Case Perpetuates Aboriginal Dispossession, Siiri Aileen Wilson

Washington International Law Journal

Australia’s 1992 landmark case of Mabo v. The State of Queensland [No. 2] revoked the concept of terra nullius and for the first time since European colonization of the continent allowed indigenous Australians to obtain legal ownership of their traditional lands. The following year this groundbreaking decision became statutory law with the enactment of the Native Title Act (NTA) of 1993. The case law and the statutory act both failed, however, to adequately address the question of Aboriginal claims to sea properties. For many Australian Aboriginal groups, ownership of traditional lands does not abruptly end at a shoreline but extends …


China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz Jan 2009

China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz

Washington International Law Journal

China’s economic growth has come at a high price: environmental and natural resource destruction. Presently, China’s legal system is not prepared to protect China’s environmental resources. China’s State Council has expressed an interest in establishing a civil and administrative system to manage environmental matters. Some of the objectives expressed by the State Council could be achieved by creating a special tribunal to address environmental issues, similar to New Zealand’s Environment Court. A specialized court promotes environmental protection, and specialization creates experts in a specific field, allowing for consistency among decisions. An environmental court will fit into China’s current legal system …


An Empirical Examination Of The Adequate Alternative Forum In The Doctrine Of Forum Non Conveniens, Michael T. Lii Jan 2009

An Empirical Examination Of The Adequate Alternative Forum In The Doctrine Of Forum Non Conveniens, Michael T. Lii

Richmond Journal of Global Law & Business

No abstract provided.


Of Oceans, Islands, And Inland Water – How Much Room For Exceptions And Limitations Under The Three-Step Test?, Annette Kur Jan 2009

Of Oceans, Islands, And Inland Water – How Much Room For Exceptions And Limitations Under The Three-Step Test?, Annette Kur

Richmond Journal of Global Law & Business

No abstract provided.


Comprehensive Strengthening Of Intellectual Property Adjudication Will Provide Powerful Judicial Guarantees For Constructing An Innovation-Based Country And Harmonious Society, Cao Jianming, Josef Rawert Jan 2009

Comprehensive Strengthening Of Intellectual Property Adjudication Will Provide Powerful Judicial Guarantees For Constructing An Innovation-Based Country And Harmonious Society, Cao Jianming, Josef Rawert

Washington International Law Journal

Multinational corporations and other foreigners bringing foreign direct investment to China have been willing to operate at a loss and risk having their intellectual property rights (“IPR”) infringed without recourse to effective legal protection, because they see a pay-off in the long run. As market reforms deepen and China’s economy continues to develop, so too will the power of judicial protection of IPR strengthen, the argument goes. This long-term outlook expects acceptable levels of legal protections for IPR to emerge and that significant competitive advantage will be enjoyed by those firmly established in Chinese markets when that happens. But what …


Time To Pay The Dues Or Can Intellectual Property Rights Feel Safe With The Wto?, Darya Haag Jan 2009

Time To Pay The Dues Or Can Intellectual Property Rights Feel Safe With The Wto?, Darya Haag

Richmond Journal of Global Law & Business

No abstract provided.


Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih Jan 2009

Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih

Richmond Journal of Global Law & Business

No abstract provided.


The Crescent And The Corporation: Analysis And Resolution Of Conflicting Positions Between The Western Corporation And The Islamic Legal System, Craig C. Briess Jan 2009

The Crescent And The Corporation: Analysis And Resolution Of Conflicting Positions Between The Western Corporation And The Islamic Legal System, Craig C. Briess

Richmond Journal of Global Law & Business

No abstract provided.


Binding Non-Signatories To International Arbitration Agreements: Raising Fundamental Concerns In The United States And Abroad, Tae Courtney Jan 2009

Binding Non-Signatories To International Arbitration Agreements: Raising Fundamental Concerns In The United States And Abroad, Tae Courtney

Richmond Journal of Global Law & Business

No abstract provided.


Disability Rights In Cambodia: Using The Convention On The Rights Of People With Disabilities To Expose Human Rights Violations, Ulrike Buschbacher Connelly Jan 2009

Disability Rights In Cambodia: Using The Convention On The Rights Of People With Disabilities To Expose Human Rights Violations, Ulrike Buschbacher Connelly

Washington International Law Journal

In Cambodia, the percentage of the population living with disabilities is one of the highest in the world. At least 650,000 Cambodians live with a disability, and the exact count may be as high as 1.4 million. The incidence of disability is also expected to increase in the future. Despite the fact that many Cambodians have at least one disability, the country does not have adequate legal provisions to protect the human rights of people with disabilities. There are no comprehensive laws that address disability issues. The few existing laws provide only implicit protections and some directly discriminate against people …


Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora Jan 2009

Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora

ILSA Journal of International & Comparative Law

Durante los filtimos veinte afios el gobierno de Cuba se ha enfrentado con dos importantes retos que amenazaron seriamente su supervivencia.


Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano Jan 2009

Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano

ILSA Journal of International & Comparative Law

The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.


Real Estate Development In Cuba: Present And Future, Antonio R. Zamora Jan 2009

Real Estate Development In Cuba: Present And Future, Antonio R. Zamora

ILSA Journal of International & Comparative Law

During the last twenty years, the Cuban government has faced two very significant challenges that have seriously threatened its survival.


Comentarios Sobre Las Reformas Del Ano 2008 Al Sector Energetico Mexicano, Antonio Riva Palacio Lavin Jan 2009

Comentarios Sobre Las Reformas Del Ano 2008 Al Sector Energetico Mexicano, Antonio Riva Palacio Lavin

ILSA Journal of International & Comparative Law

Desde inicios del milenio, en Mxico se vivi6 una fuerte discusi6n sobre la reforma legal del sector energ6tico; en particular en torno a Petr6leos Mexicanos (Pemex).


Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez Jan 2009

Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez

University of Miami Inter-American Law Review

No abstract provided.


Urban Informality As A Commons Dilemma, Sheila R. Foster Jan 2009

Urban Informality As A Commons Dilemma, Sheila R. Foster

University of Miami Inter-American Law Review

No abstract provided.