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Comparative and Foreign Law Commons™

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2014

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Articles 481 - 510 of 623

Full-Text Articles in Comparative and Foreign Law

International Court Of Justice, The State Of Amalea, The Republic Of Ritania Jan 2014

International Court Of Justice, The State Of Amalea, The Republic Of Ritania

ILSA Journal of International & Comparative Law

On behalf of Amalea ("the Applicant") and the Republic of Ritania ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning Certain Activities within the Malachi Gap, signed in The Hague, The Netherlands, on the seventeenth day of September in the year two thousand thirteen.

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Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi Jan 2014

Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi

Articles

No abstract provided.

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Ats Liability For Rogue Banking In A Post-Kiobel World, Joel Slawotsky Jan 2014

Ats Liability For Rogue Banking In A Post-Kiobel World, Joel Slawotsky

UC Law SF International Law Review

No abstract provided.

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Moving Money: International Financial Flows, Taxes, And Money Laundering, Richard Gordon, Andrew P. Morriss Jan 2014

Moving Money: International Financial Flows, Taxes, And Money Laundering, Richard Gordon, Andrew P. Morriss

UC Law SF International Law Review

Allegations by political leaders and others that offshore financial centers enable multinational enterprise to avoid paying a "fair" amount of tax-and that they enable wealthy individuals to evade paying any tax, much of it on ill gotten gains-are once again garnering headlines and inspiring government action. One of the most prominent commentators on these topics, The Tax Justice Network, has recently claimed that thanks to the services of tax havens, $21 trillion to $32 trillion of wealth of questionable origin remains hidden and untaxed, and that such abuse must be stopped through greater regulation. In this paper we argue that …

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Changing Lanes: Intellectual Property Rights, Trade And Investment, Julien Chaisse, Puneeth Nagaraj Jan 2014

Changing Lanes: Intellectual Property Rights, Trade And Investment, Julien Chaisse, Puneeth Nagaraj

UC Law SF International Law Review

Trademarks are inherent features of transnational business transactions. From a trade perspective, a trademark is used by a business as an identification sign to distinguish its goods or services from those of its competitors. Trademarks are also a form of investment as they are valuable business assets; they can be sold or licensed. This paper provides a comprehensive analysis of the international economic rules that apply to transnational business activities requiring trademark protection. It answers the key question: What is the role of trade and investment treaties in ensuring trademarks are duly respected? The paper demonstrates that some trademark infringement …

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Developing Effective Transparency: A Case Study On Voluntary Disclosure And Social Responsibility At Apple Inc., Jessica Gomez Jan 2014

Developing Effective Transparency: A Case Study On Voluntary Disclosure And Social Responsibility At Apple Inc., Jessica Gomez

UC Law SF International Law Review

Apple Inc. ("Apple") is one of many multinational corporations in the electronics industry that uses a voluntary transparency policy to manage disclosure of information pertaining to labor conditions of supply chain factories. This note analyzes the strengths and weaknesses of Apple's transparency policies over the years, as well as the events that triggered these policies. This note also examines voluntary disclosure schemes generally, and discusses the inherent limitations of a policy that is self-defined and self-enforced. Despite its limitations, Apple's policy has initiated some positive changes to labor practices and has contributed to a broader discussion on corporate social responsibility …

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International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan Jan 2014

International Law Weekend 2013 Keynote Address: The Advocate In The Transnational Justice System, Donald F. Donovan

ILSA Journal of International & Comparative Law

I am very grateful for the opportunity to address this audience at International Law Weekend 2013.

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Accelerated Formation Of Customary International Law, Michael P. Scharf Jan 2014

Accelerated Formation Of Customary International Law, Michael P. Scharf

ILSA Journal of International & Comparative Law

By tradition, jurists, statesmen, and scholars have looked exclusively to two factors to divine whether an emergent rule has attained customary international law status: 1) widespread State practice and 2) manifestations of a conviction that the practice is required by international law.

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The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey Jan 2014

The Double-Edged Sword: Democratic Histories And Methods Of Negotiating With Terrorists, Lisa M. Hailey

ILSA Journal of International & Comparative Law

"We do not negotiate with terrorists." On May 31, 2014, Sergeant Bowe Bergdahl, the only American prisoner of war (POW), was released by his captors after five years of captivity.

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Los Contratos Electronicos En Masa Mediante "Tecnolgia Web": Opciones Basicas En Su Regulacion, Barral Vinals Jan 2014

Los Contratos Electronicos En Masa Mediante "Tecnolgia Web": Opciones Basicas En Su Regulacion, Barral Vinals

ILSA Journal of International & Comparative Law

Hoy en dia es frecuente la adquisici6n de bienes y servicios a trav6s de Internet, asi como el uso de servicios de informaci6n de lo mis variado en la red.

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Humanitarian Intervention Post-Syria: A Grotian Moment?, Milena Sterio Jan 2014

Humanitarian Intervention Post-Syria: A Grotian Moment?, Milena Sterio

ILSA Journal of International & Comparative Law

Grotian Moment is a term that signifies a "paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance."'

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Conflict Minerals And International Business: United States And International Responses, Ved P. Nanda Jan 2014

Conflict Minerals And International Business: United States And International Responses, Ved P. Nanda

ILSA Journal of International & Comparative Law

A recent headline read, "Blood on Your Handset: Is your Cellphone Made with Conflict Minerals Mined in the Congo?

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The 2014 Philip C. Jessup International Law, The State Of Amalea, The Republic Of Ritania Jan 2014

The 2014 Philip C. Jessup International Law, The State Of Amalea, The Republic Of Ritania

ILSA Journal of International & Comparative Law

The State of Amalea ('Amalea') and the Republic of Ritania ('Ritania') have consented to submit this dispute to the International Court of Justice ('this Court'), in accordance with Articles 36(1) and 40(1) of the Statute of the International Court of Justice ('the Statute'), by way of Compromis transmitted to the Registrar on 17 September 2013. Amalea and Ritania have undertaken to accept this Court's decision as final and binding on them and commit to comply with it in its entirety and in good faith.

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Electronic Mass Procurement By Means Of "Web Technology": Basic Options In Its Regulation, Barral Vinals Jan 2014

Electronic Mass Procurement By Means Of "Web Technology": Basic Options In Its Regulation, Barral Vinals

ILSA Journal of International & Comparative Law

Today, the acquisition of goods and services through the Internet is frequent, just like the use of the most varied information services on the net.

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Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote Jan 2014

Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote

Chapters in Books

Each of the case studies presented in this volume is an important and fascinating story in its own right. Taken together, the case studies enrich our understanding of cause lawyering and the relationship between law and social change in Japan. Despite their rather disparate subjects, the studies dovetail exceptionally well. They show numerous commonalities in the use of law to further social causes, as well as some important differences. They reveal a truly impressive level of creativity in the use of law, and they disclose several common barriers to successful litigation to promote social causes in Japan. As discussed below, …

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Morning-After Decisions: Legal Mobilization Against Emergency Contraception In Chile, Fernando Muñoz León Jan 2014

Morning-After Decisions: Legal Mobilization Against Emergency Contraception In Chile, Fernando Muñoz León

Michigan Journal of Gender & Law

In Chile, the Criminal Code bans all forms of abortion. Furthermore, the Constitution—drafted and enacted by the Military Junta led by General Augusto Pinochet—was inspired by a conservative version of Catholic natural law championed by prominent Chilean constitutional law scholars. This Article traces the emergence, development, and ultimately the defeat of a persistent legal mobilization driven by natural law-inspired litigants, politicians, and scholars against levonorgestrel-based emergency contraception, also known as the morning-after pill. In their decade-long efforts at legal mobilization, these natural law litigants used every tool of the Chilean legal system to challenge the legality and the constitutionality of …

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Supreme People's Court Annual Report On Intellectual Property Cases (2012) (China), Shudan Zhu Jan 2014

Supreme People's Court Annual Report On Intellectual Property Cases (2012) (China), Shudan Zhu

Washington International Law Journal

Beginning in 2008, the Supreme People’s Court of China started publishing the Annual Report on Intellectual Property Cases each April. By summarizing and reviewing intellectual property cases recently decided, the annual reports cover legal issues of general guidance that are selected to reflect adjudication standards and methods, as well as legal policies endorsed by the Supreme People’s Court. This translation includes all 34 cases and 37 legal issues as set forth in the 2012 Annual Report, touching on patent law, trademark law, copyright law, competition law, and litigation procedure. Although China is not a common law country, these cases still …

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Dare You Sue The Tax Collector? An Empirical Study Of Administrative Lawsuits Against Tax Agencies In China, Ji Li Jan 2014

Dare You Sue The Tax Collector? An Empirical Study Of Administrative Lawsuits Against Tax Agencies In China, Ji Li

Washington International Law Journal

Though taxes are as certain as death, each year tens of thousands of people in the United States go to court to challenge their assessed tax liabilities, and many succeed. By contrast, very few Chinese taxpayers litigate against tax agencies, and most of those who sue eventually settle, despite low formal litigation costs. China’s nonlitigious culture does not fully explain the reluctance to sue, as courts in Taiwan adjudicate five times more lawsuits against tax agencies. Judicial bias favoring government officials, weak enforcement of judgments against the state, and agency retaliation help to explain the aversion to litigate disputes with …

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Reproductive Justice Begins With Contraceptive Access In The Philippines, Elisabeth S. Smith Jan 2014

Reproductive Justice Begins With Contraceptive Access In The Philippines, Elisabeth S. Smith

Washington International Law Journal

Restrictive Philippine laws and a lack of public funding have limited Filipinos’ access to modern contraception, resulting in high maternal mortality rates, high birth rates, unmet needs for family planning, and health disparities between the lowest-income and wealthier women. Following the 1991 decentralization reforms, Local Government Units plan, administer, and fund most Philippine health services. In the context of reproductive healthcare, decentralization has led to inequality, inadequate financing, successful opposition to contraception by the Catholic Church, and a lack of clear national standards. After a fourteen-year legislative struggle, on December 21, 2012, President Aquino signed “The Responsible Parenthood and Reproductive …

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Endangered Element Of Icsid Arbitral Practice: Investment Treaty Arbitration, Foreign Direct Investment, And The Promise Of Economic Development In Host States, Felix O. Okpe Jan 2014

Endangered Element Of Icsid Arbitral Practice: Investment Treaty Arbitration, Foreign Direct Investment, And The Promise Of Economic Development In Host States, Felix O. Okpe

Richmond Journal of Global Law & Business

The omission to define the term "investment" in the ICSID Convention is one of the most critical decisions that has led to inconsistent jurisprudence and the resulting debate regarding the propriety of the ICSID Convention and investment treaty arbitration. The legislative history and the circumstances leading to the birth of the ICSID Convention strongly suggest that its main objective is the protection and promotion of economic development in the host State. Most of the propositions aimed at giving a meaning to the term "investment" in ICSID arbitral practice have focused more on whether the scope of the meaning of "investment" …

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Reap What You Sow: Soil Pollution Remediation Reform In China, Dustin D. Drenguis Jan 2014

Reap What You Sow: Soil Pollution Remediation Reform In China, Dustin D. Drenguis

Washington International Law Journal

As China undergoes the fastest economic development in the history of the world, so too has its environmental problems shattered all precedents. While China’s leaders recognize they must change course, environmental concerns have long taken a back seat to economic development. Soil pollution is destroying China’s environment, affecting public health, and reducing the country’s food supply. Soil pollution slows China’s economic development, preventing land development in urban centers. Soil pollution also threatens China’s social stability because it has inspired marginalized groups to organize in protest of environmental conditions. Environmental remediation, or the obligations of a facility or the government to …

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Government Liability For Regulatory Failure In The Fukushima Disaster: A Common Law Comparison, Joel Rheuben Jan 2014

Government Liability For Regulatory Failure In The Fukushima Disaster: A Common Law Comparison, Joel Rheuben

Washington International Law Journal

This article considers the Japanese government’s response to the 2011 Fukushima nuclear power disaster, in assisting Tokyo Electric Power Company (“TEPCO”) with handling claims for compensation. It argues that in setting guidelines for claims, establishing a government alternative dispute resolution (“ADR”) body to deal with disputes, and creating a convoluted funding structure that has led to the effective nationalization of TEPCO, the government has intervened significantly in what are essentially private disputes governed by the Nuclear Compensation Law. This is contrasted with the less interventionist response of the New South Wales government in Australia to mass tort claims for asbestos …

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Pashtunistan's Future: The Global Executive Or A Regional Solution, Joshua A. Kurtzman Jan 2014

Pashtunistan's Future: The Global Executive Or A Regional Solution, Joshua A. Kurtzman

Indiana Journal of Global Legal Studies

This note explores the transnational security issues associated with the Pashtunistan region following the withdrawal of NATO from Afghanistan in 2014. More specifically, at a time when this region is at a religious, governance, and globalization crossroads, this note posits that only two alternatives exist for addressing the security situation in this region. First, a global executive, or executives, could use their power to exert transnational security pressure through drone strikes or other pseudo-military alternatives. A second alternative, and one which this note considers much more promising, is the development of a "NATO like" organization of Muslim nations to assist …

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Hong Kong's Failure To Extradite Edward Snowden: More Than Just A Technical Defect, Mark D. Kielsgard, Ken Gee-Kin Ip Jan 2014

Hong Kong's Failure To Extradite Edward Snowden: More Than Just A Technical Defect, Mark D. Kielsgard, Ken Gee-Kin Ip

Richmond Journal of Global Law & Business

As the Edward Snowden case takes legs and exhibits all the earmarks of official misconduct and scandal, the U.S. government continues efforts aimed at extraditing this "whistleblower," characterizing him as a traitor and doing damage control in the NSA. Part of this strategy includes intimidating those sovereign states that refuse to coooperate in returning Snowden to face trial.Yet, the legal basis for these U.S. efforts is highly contentious. If Snowden had stayed in Hong Kong and fought extradition, in all likelihood he would have prevailed. Thus, the U.S. is left with not credible basis for complaint, and its retaliatory diplomatic …

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The Penumbra Of The United States’
 Foreign Corrupt Practices Act: Brazil’S Clean Companies Act And 
Implications For The Pharmaceutical
 Industry, Beverley Earle, Anita Cava Jan 2014

The Penumbra Of The United States’
 Foreign Corrupt Practices Act: Brazil’S Clean Companies Act And 
Implications For The Pharmaceutical
 Industry, Beverley Earle, Anita Cava

Richmond Journal of Global Law & Business

No abstract provided.

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Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari Jan 2014

Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari

Richmond Journal of Global Law & Business

No abstract provided.

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Transplanting And Customizing
 Legal Systems: Lessons From
 Namibian Legal History, Martin Cai Lockert Jan 2014

Transplanting And Customizing
 Legal Systems: Lessons From
 Namibian Legal History, Martin Cai Lockert

Richmond Journal of Global Law & Business

No abstract provided.

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More Market-Oriented Than The United States And More Socialist Than China: A Comparative Public Property Story Of Singapore, Jianlin Chen, Jiongzhe Cui Jan 2014

More Market-Oriented Than The United States And More Socialist Than China: A Comparative Public Property Story Of Singapore, Jianlin Chen, Jiongzhe Cui

Washington International Law Journal

Compared to the more illustrious conceptualization of private property, the conceptualization of public property remains at a surprisingly infantile stage. The very definition of public property is ambiguous. This article utilizes a comparative case study of traffic congestion policies in the United States, China, and Singapore to highlight the conceptual pitfalls posed by the current confusion on public property. This article proposes a refined public property framework that offers greater conceptual clarity on the real issues at stake. In particular, this article argues that “property” in public property should include regulatory permits while “public” in public property should not be …

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Unraveling Icsid's Denunciation: Understanding The Interaction Between Articles 71 And 72 Of The Icsid Convention, J. Tejera Jan 2014

Unraveling Icsid's Denunciation: Understanding The Interaction Between Articles 71 And 72 Of The Icsid Convention, J. Tejera

ILSA Journal of International & Comparative Law

Before any Contracting State denounced the International Centre for Settlement of Investment Disputes Convention (ICSID Convention),' very few academics and commentators bothered interpreting the meaning of its provisions dealing with potential denunciations or, more importantly, the effectiveness of withdrawing from the ICSID Convention.

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Catalonia: The New European State?, Garcia Barcia Jan 2014

Catalonia: The New European State?, Garcia Barcia

ILSA Journal of International & Comparative Law

On September 11, 2012, a sea of Catalonians, 1.5 million according to the Urban Guard and 600,000 according to the Government Delegation, protested under the slogan: "Catalonia, new European State."'

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