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Comparative and Foreign Law Commons™

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2019

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Articles 91 - 120 of 350

Full-Text Articles in Comparative and Foreign Law

Transitional Justice In Taiwan: Changes And Challenges, Nien-Chung Chang-Liao, Yu-Jie Chen Jul 2019

Transitional Justice In Taiwan: Changes And Challenges, Nien-Chung Chang-Liao, Yu-Jie Chen

Washington International Law Journal

Taiwan’s experience with transitional justice over the past three decades suggests that dealing with historical injustice is a dynamic and fluid process that is fundamentally shaped and constrained by the balance of power and socio-political reality in a particular transitional society. This Article provides a contextualized legal-political analysis of the evolution of Taiwan’s transitional justice regime, with special attention to its limits and challenges. Since Taiwan’s democratization began, the transitional justice project developed by the former authoritarian Chinese Nationalist Party (Kuomintang, KMT) has been rather disproportionately focused on restorative over retributive mechanisms, with the main emphasis placed on reparations and …

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Legal Education In The United States: Moving Toward More Practical Experience, Hon. Sandra R. Klein Jul 2019

Legal Education In The United States: Moving Toward More Practical Experience, Hon. Sandra R. Klein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals, David H. King Jul 2019

Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals, David H. King

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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A Third Way Of Thinking About Cultural Property, Lucas Lixinski Jul 2019

A Third Way Of Thinking About Cultural Property, Lucas Lixinski

Brooklyn Journal of International Law

The article argues that the dichotomy between nationalism and internationalism with respect to cultural property, while formative, has outlived its utility, and in many respects compromised the viability of the public good it aims to safeguard. Focused on the example of cultural property in international law, this article argues for more community-centric forms of governance, beyond the interests of states and an undefined “international.” It extrapolates the lessons from cultural property to other forms of resource governance in international law.

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Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin Jul 2019

Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin

Brooklyn Journal of International Law

Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the …

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Never Too Late—The Work Of The Transitional Justice Commission In Taiwan, Hung-Ling Yeh, Ching-Hsuan Su Jul 2019

Never Too Late—The Work Of The Transitional Justice Commission In Taiwan, Hung-Ling Yeh, Ching-Hsuan Su

Washington International Law Journal

The fact that Taiwan set up an institution solely dedicated to transitional justice only thirty years after the country’s democratization has made Taiwan’s transitional justice experience unique among newly democratized states. How and when transitional justice is approached and upheld will affect a country’s stance toward its dark history and even re-make its democracy. Taiwan is currently heralding a new experience that is determining for Taiwan’s democratic future and that could serve as a valuable reference for other countries that are to go through or are in the middle of democratization.

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Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson Jul 2019

Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson

Brooklyn Journal of International Law

In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …

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Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman Jul 2019

Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman

Brooklyn Journal of International Law

Trade secret law is a vital, yet often misunderstood, form of intellectual property law. As economic superpowers, both Japan and the United States realize that effective trade secret protection is essential for the prosperity of their domestic economies, and both nations have enacted laws to protect their trade secrets. While both Japan and the United States are signatories to the TRIPS agreement and therefore provide a shared baseline standard of trade secret protection, cultural and systemic differences between the two nations have resulted in differences in the way each nation implements its trade secret laws. This Note traces the history …

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“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney Jul 2019

“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney

Brooklyn Journal of International Law

The landscape of cultural property and cultural heritage discourse is continually evolving, and the traditional means of regulating disputes must not only be adapted to the current climate but proactively address foreseeable future concerns. This Note explores the Republic of Turkey’s increasing litigiousness with regard to its reparation claims and, further, considers the notion of culture as geographic boundaries transform over the course of time. This Note will analyze the leading international cultural property treaty, the 1970 UNESCO Convention, and recommend UNESCO adopt two mandates to curb the chilling effect current litigation has had on the preservation and dissemination of …

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Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson Jul 2019

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

Brooklyn Journal of International Law

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …

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Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves Jul 2019

Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves

Brooklyn Journal of International Law

In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …

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The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever Jul 2019

The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever

Brooklyn Journal of International Law

After the Five-Day Russo-Georgian War, Russia usurped Georgian separatist territories, including a stretch of the Baku-Supsa Pipeline which provides gas to Europe. The continued occupation by Russia endangers Georgian sovereignty, natural resources, and economic security and puts Europe’s gas security at risk. The Energy Charter Treaty (ECT), through provisional application, provides a unique opportunity to assist Georgia’s battle for territorial integrity. This Note will examine the ECT’s ability to provide a pathway for Georgian economic and energy security by holding Russia accountable for violations of the ECT and removing Russia’s stronghold on the region.

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Forging Taiwan’S Legal Identity, Margaret K. Lewis Jul 2019

Forging Taiwan’S Legal Identity, Margaret K. Lewis

Brooklyn Journal of International Law

The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …

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Conceptualizing Indigenous Historical Justice Toward A Mutual Recognition With State In Taiwan, Awi Mona Jul 2019

Conceptualizing Indigenous Historical Justice Toward A Mutual Recognition With State In Taiwan, Awi Mona

Washington International Law Journal

Transitional justice has received considerable attention in recent years in Taiwan. Despite all this attention, transitional justice is an issue that remains incomplete without addressing justice for indigenous peoples. This paper aims to focus on the essential characteristics of indigenous justice against the successive alien regimes. Though the fact that the national apology to indigenous peoples may have broken new ground in the government’s relationship with indigenous peoples, the common understanding of transitional justice has caused significant bitterness and frustration for indigenous peoples. Until the core significance of indigenous justice is essentially resolved, the existing uncertainty about reconciliation with indigenous …

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A Global Analysis Into Loot Boxes: Is It "Virtually" Gambling?, Kevin Liu Jul 2019

A Global Analysis Into Loot Boxes: Is It "Virtually" Gambling?, Kevin Liu

Washington International Law Journal

The video game industry has expanded rapidly in recent years by implementing a microtransaction business model and expanding to a new market of mobile gaming. However, the introduction of loot boxes has been controversial; similar to gambling, gamers pay real money for a randomized microtransaction for a chance to win a random virtual prize of perceived value. Additionally, the items won from these loot boxes, such as cosmetic skins, can potentially be used to bet on other games of chance or even on the outcomes of competitive esports games. With the ease of online payments, the use of manipulative operant …

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Directors' Duties In Singapore: Law And Perceptions, Pearlie M. C. Koh, Hwee Hoon Tan Jul 2019

Directors' Duties In Singapore: Law And Perceptions, Pearlie M. C. Koh, Hwee Hoon Tan

Research Collection Yong Pung How School Of Law

It is trite that the law on directors' duties is an important part of corporate governance. It is therefore unsurprising that a large part of extant research in the area is focused on understanding what the law requires, and how it applies or should apply in any particular situation. Such research is however largely reactive. In our research, we set out to look at duties from the perspective of the directors, with a view to appreciating how Singapore directors understand the law as it applies to them. The impetus for this is three-fold: First, to assess the depth of awareness …

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Compensating Regulation Of Land: Uk And Singapore Compared, Seng Wei, Edward Ti Jul 2019

Compensating Regulation Of Land: Uk And Singapore Compared, Seng Wei, Edward Ti

Research Collection Yong Pung How School Of Law

The paper aims to analyse and compare how UK and Singapore deal with compensation with respect to regulation of land (short of a physical taking). The purpose is to determine whether the non-compensation in each jurisdiction is justified. A comparative method using case law, statutes and secondary material across both jurisdictions (as well as some US case law) is adopted. Both the UK and Singapore do not provide compensation when land is affected by regulation, so long as a physical taking has not occurred. Partly because of the abolition of development rights in the UK since 1947, this position may …

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The (Re)Introduction Of Dual-Class Share Structures In Hong Kong: A Historical And Comparative Analysis, Hui Robin Huang, Wei Zhang, Siu Cheung Kelvin Lee Jul 2019

The (Re)Introduction Of Dual-Class Share Structures In Hong Kong: A Historical And Comparative Analysis, Hui Robin Huang, Wei Zhang, Siu Cheung Kelvin Lee

Research Collection Yong Pung How School Of Law

In April 2018, Hong Kong issued new listing rules to introduce the dual-class share structure, also known as weighted voting rights (WVR), under which a special class of shareholders’ voting rights are conferred disproportionately with respect to their equity interest. The WVR was used in Hong Kong in the 1980s but was banned in 1989. The debate on the WVR was rekindled by the Alibaba event in 2013. The WVR structure has benefits and costs. Thus, Hong Kong lays down relevant supporting mechanisms, including entry requirements, disclosure requirements and safeguard requirements. The WVR regime in Hong Kong appears to be …

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Can Restorative Justice Processes Help Improve Plea Bargaining In Uganda’S Criminal Justice System?, Hannah Gray Jun 2019

Can Restorative Justice Processes Help Improve Plea Bargaining In Uganda’S Criminal Justice System?, Hannah Gray

Pepperdine Dispute Resolution Law Journal

No abstract provided.

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To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia Jun 2019

To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia

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

No abstract provided.

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Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae Jun 2019

Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae

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

No abstract provided.

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Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton Jun 2019

Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton

Ocean and Coastal Law Journal

People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize …

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The Elusive Object Of Punishment, Gabriel S. Mendlow Jun 2019

The Elusive Object Of Punishment, Gabriel S. Mendlow

Articles

All observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute’s elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, and mens rea; about DUI and statutory rape; about hate crimes, child pornography, and counterterrorism laws; about proportionality in punishment; …

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Should The United States Adopt Crs?, Noam Noked Jun 2019

Should The United States Adopt Crs?, Noam Noked

Michigan Law Review Online

The United States' one-sided approach to tax transparency might lead to an unprecedented clash with the European Union (EU) in the near future. In light of the EU's deadline for the United States, the U.S. Treasury and Congress should urgently engage in a discussion on whether the United States should adopt the Common Reporting Standard (CRS) for automatic exchange of financial account information. A recent report from the U.S. Government Accountability Office considered this issue and did not recommend adopting CRS. This Essay discusses the contents of the report, as well as important considerations that were left out of the …

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Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney Jun 2019

Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney

Articles

Judy Norman shot her abusive husband during a late afternoon nap while he rested before violently trafficking her that night. The sharp contrast between the extreme violence and danger Judy faced and the denial of a self-defense instruction triggered extensive academic debates about justification and the use of deadly force. Norman became one of the most famous cases involving battered women, appearing in many casebooks and hundreds of law review articles. Despite all this work, the facts of the case contradict much of what scholars have said about Norman. Misconceptions about expert evidence, "Battered Woman Syndrome, "and battered women drive …

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A Reformulated Test For Unconscionability, Vincent Ooi, Walter Yong Jun 2019

A Reformulated Test For Unconscionability, Vincent Ooi, Walter Yong

Research Collection Yong Pung How School Of Law

Apart from its interesting facts, this case, BOM v BOK [2018] SGCA 83, is significant for its rejection of a “broad” doctrine of unconscionability, the existence of which has been a matter of some debate in English law, and which has been accepted in Australia (see Commercial Bank of Australia Ltd v Amadio (1983) 151 C.L.R. 447; (1983) 46 A.L.R. 402). It also proposes a new test for the doctrine of unconscionability that is narrower than Amadio, based on the requirements inCresswell v Potter [1978] 1 W.L.R. 255. The test for unconscionability in English law has been a matter of …

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Fiduciary Principles In Chinese Law, Nicholas C. Howson May 2019

Fiduciary Principles In Chinese Law, Nicholas C. Howson

Book Chapters

This chapter examines the principles of fiduciary doctrine that are found in Chinese law, with a particular focus on developments in law and regulation in the People’s Republic of China (PRC) after the early 1980s. It also considers the advent and elaboration of what the Anglo-American legal system calls “corporate fiduciary duties,” including partnership fiduciary duties. The chapter first provides an overview of basic conceptions of corporate fiduciary duties that entered Chinese law and practice through at least three separate tracks: academic, regulatory, and jurisprudential. It then explores corporate and partnership fiduciary duties after 2006, placing emphasis on corporate law …

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The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna May 2019

The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna

Notre Dame Journal of International & Comparative Law

Mutual legal assistance treaty (MLAT) reform is a transnational legal movement aimed at facilitating more rapid law enforcement access to cross-border data, while also preventing violations of state sovereignty through the exercise of extraterritorial jurisdiction over data. Efforts primarily focus on the United States (U.S.) mutual legal assistance (MLA) process, as it is exceedingly slow and convoluted, but also unavoidable, given that most major tech companies have their bases in the U.S. Recently proposed or enacted legal instruments include the U.S. CLOUD Act, the European Union’s (EU) e-Evidence proposal, Council of Europe’s forthcoming Additional Protocol to the Convention on Cybercrime, …

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Family Leave: Comparing The United States' Family And Medical Leave Act With Sweden's Parental Leave Policy, Mallory Campbell May 2019

Family Leave: Comparing The United States' Family And Medical Leave Act With Sweden's Parental Leave Policy, Mallory Campbell

Notre Dame Journal of International & Comparative Law

This Article focuses on parental leave in the United States, which mostly relies on the Family and Medical Leave Act (FMLA), and compares it to parental leave policies in other countries, particularly Sweden. While the FMLA has many drawbacks, Sweden and other countries have robust and progressive leave plans that the United States should look to in amending the FMLA or adopting a new parental leave policy.

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Letter From The Editor, Lara Thiele May 2019

Letter From The Editor, Lara Thiele

Notre Dame Journal of International & Comparative Law

No abstract provided.

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