Comparative and Foreign Law Commons^™

Russia And China’S Complicity In North Korea’S Human Rights Violations: Measures The U.S. Should Take To Intervene And Mitigate The Abuse, Cameron Kenyon

The International Law Review Association Student Forum

The complicity of Russia and China in North Korea’s (DPRK) human rights issues is incredibly concerning not only for the safety and well-being of North Korean citizens, but for world-wide security. Both China and Russia facilitate the DPRK human rights abuses by trading with North Korea irrespective of international sanctions, enabling human trafficking of North Koreans who have fled to China, and involuntarily repatriating refugees from the DPRK. Awareness of the DPRK human rights issues and Russia and China’s complicity, as well as active intervention, should be at the forefront of the U.S. human rights policy in order for the …

International Space Law In A New Space Age: What Laws Will Regulate Space Mining And Nasa’S Gateway Program?, Hannah Kirby

The International Law Review Association Student Forum

Since the late 1960s, international space law has promoted the peaceful use of outer space between countries. But international space law is insufficient to effectively govern novel outer space activities like space mining and NASA’s Gateway Program (a program between several countries to build an international space station that will orbit the moon and conduct missions to Mars). International space law is general, lacks enforceable repercussions, and leaves the door open for countries to create national laws which could result in the commercialization and destruction of celestial bodies like the Moon and Mars. This Comment explores the history of international …

Protection From Warlords & Celebrities: How Anti-Slapp Legislation Is Making International Headway To Protect Free Speech, Olivia Augustat

The International Law Review Association Student Forum

Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly being used by powerful individuals and entities to silence dissent and criticism, posing a significant threat to free speech globally. This misuse of legal systems undermines democratic principles by intimidating those who speak out on matters of public interest. My paper argues for the urgent need for effective Anti-SLAPP legislation, focusing on a comparative analysis of the U.S. and European Union (EU) approaches. While the U.S. has a fragmented but largely pro-defendant framework, the EU is moving toward an arguably vaguer but more unified, cross-border solution. This paper takes a unique approach …

Dinamika Kebijakan Ganja Dalam Politik Hukum Global Dan Indonesia, Aristo Pangaribuan

Jurnal Hukum & Pembangunan

This article discusses legal and political issues related to marijuana in global literature and its influence in the Indonesian context. Moreover, this article also tries to predict the dynamics of the ongoing reform process related to Indonesian narcotic laws. To achieve such missions, mainly, this article summarizes the debate within marijuana literature and highlights its influence within the Indonesian context. The first part of this article discusses the legal and political dynamics of marijuana laws globally. Here, this article found that there is a paradigm shift toward marijuana use -- from a crime problem to a health problem. Subsequently, this …

Arbitrase Internasional Dalam Penyelesaian Sengketa Penanaman Modal Asing: Tinjauan Praktis Di Indonesia, Fanny Aprilia

Jurnal Hukum & Pembangunan

Indonesia has demonstrated a strong commitment to international arbitration by participating in various international conventions, such as the 1958 New York Convention, and by implementing supportive domestic legislation, such as Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. International arbitration offers advantages such as neutrality, specialized expertise, and legal certainty, making it a preferred mechanism for resolving foreign investment disputes. However, the implementation of arbitration in Indonesia still faces several challenges, including a lack of understanding of arbitration procedures among court officials and concerns about potential domestic court interference in the arbitration process. This paper highlights the …

Legal Regulation Of Communication Wiretapping, Lian Chen, Wenyu Zhong

Japanese Society and Culture

No abstract provided.

Providing Community Protection From Sex Offenders – At What Cost?, Jessica Novick

Cardozo International & Comparative Law Review (CICLR) Blog

With the release of The Ken and Barbie Killers: The Lost Murder Tapes mini-series documentary on HBO’s Max recently, a renewed focus can be put on the “dangerous offender” status that murderer and serial rapist Paul Bernardo has who is one of the two central figures of the docuseries. Sexual offenders are some of the most feared types of criminals in our current society. Law & Order: SVU just began airing its 25th season, and the enduring legacy of this show and others similar to it has enriched the cultural fear of sex offenders. Now is an important time culturally …

El Salvador’S Bitcoin Bond Is Finally Here!, Douglas Notaris

Cardozo International & Comparative Law Review (CICLR) Blog

In 2021, President Nayib Bukele of El Salvador had a bold vision for the nation. He aspired for El Salvador to transform into a “bitcoin haven.” Now, what does this mean, you may be wondering? Well, it all traces back to the enactment of the “Bitcoin Law” on September 7, 2021. With the passage of this law, El Salvador became the first, and still the only, country to designate Bitcoin as legal tender.This meant that every Salvadoran business was obligated to adopt Bitcoin for transactions, taxes could be settled using Bitcoin, and the government had the capacity to disburse subsidies …

Pavez Pavez V. Chile, Rachana Reddi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Case Of The "Caracazo" V. Venezuela, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Duque V. Colombia, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Moya Chacón Et Al. V. Costa Rica, Gursimran Bhullar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Contreras Et Al. V. El Salvador, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

García Asto And Ramírez Rojas V. Peru, Celene Afari

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Future Of Transnational Surrogacy: Where Do Italy And The Uk Stand Now?, Elleme Ko

Cardozo International & Comparative Law Review (CICLR) Blog

The images of thousands of abandoned babies around the world gave the transnational commercial surrogacy market a global spotlight in 2020 when COVID-19 travel bans hit. As borders closed, intended parents or “fertility tourists” were unable to claim newborns born to surrogate mothers in Russia, Ukraine, the United States, and elsewhere. Babies were left for months in hospitals, orphanages, or in the hands of surrogacy agencies. “‘The image’—of the [commercial surrogacy] industry— ‘was really bad.’” Much attention has been paid to the effects of abortion regulation and access to contraception on women’s reproductive freedom. However, the politics of pregnancy through …

Unpacking Brazil’S Amendment To The Bankruptcy And Reorganization Act, Aaron Hemmings

Cardozo International & Comparative Law Review (CICLR) Blog

Brazil recently enacted significant amendments to its Bankruptcy and Reorganization Act through Federal Law No. 14,112/2020, which introduced substantial changes to the provisions laid out in Federal Law No. 11,101/2005. This legislation was initially crafted to facilitate the restructuring of insolvent businesses under court supervision, taking inspiration from the United States' Chapter 11 Bankruptcy. Chapter 11 serves as a blueprint for Brazil's Bankruptcy and Reorganization Act, focusing on the reorganization of a debtor's business affairs, debts, and assets. The primary objective of companies filing Chapter 11 bankruptcy is to secure time for debt restructuring and initiate a fresh start. The …

The Overlooked Communities Of Forced Displacement In The United States: Humanizing The Relocation Of Indigenous Tribes In The Face Of Climate Change, Jennifer O'Rourke

University of Cincinnati Law Review

No abstract provided.

Stop The Boats: Prime Minister Sunak And The Uk’S Assertion Of National Sovereignty, Stefanie Allman

Cardozo International & Comparative Law Review (CICLR) Blog

The British Parliament is in the process of voting on the Safety of Rwanda (Asylum and Immigration) Bill, that would send asylum seekers who arrive in Britain to Rwanda, a country in East Africa. This change would indicate a further distancing of the United Kingdom (UK) from the European Union (EU) and international law. That said, when viewed in the context of the UK’s support for Ukraine, one can instead see an evolving view of individual national sovereignty.

This post was originally published on the Cardozo International & Comparative Law Review on March 4, 2024. The original post can be …

A Tale Of Two Subject-To-Tax Rules, Sol Picciotto, Jeffery M. Kadet, Bob Michel

Articles

In this article, we analyze and compare two proposals for a new subject-to-tax rule (STTR) provision to be included in tax treaties, one from the U.N. Tax Committee and the other from the G20/OECD inclusive framework on base erosion and profit shifting. The U.N. proposal is broad, and would clarify that restrictions in tax treaties on taxation of income at the source where it is derived are conditional on that income being taxed at an agreed-upon minimum rate in the country where it is received. The inclusive framework version is much more limited, being confined to payments between connected entities …

Common But Differentiated Constitutionalisms: Does ‘Environmental Constitutionalism’ Offer Realistic Policy Options For Improving Un Environmental Law And Governance? Us And Latin American Perspectives, Erin Daly, Maria Antonia Tigre, Natalia Urzola

Sabin Center for Climate Change Law

Environmental law and governance have taken many different forms in the Americas in response to climate change mitigation. This contribution describes recent developments in the United States, Colombia, and Brazil, illustrating the divergent approaches to climate protection. The chapter highlights the common but differentiated ways in which the three countries in the Americas approach environment constitutionalism in the midst of the climate crisis. On one hand, Brazil and Colombia adopt a rights-based approach to tackle complex issues related to environmental law and governance in their context-specific responses to climate protection. In particular, the courts of Colombia and Brazil have been …

Non-Extraterritoriality, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The extraterritorial application of statutes has received a great deal of scholarly attention in recent years, but very little attention has been paid the non-extraterritoriality of statutes, by which I mean their effect on cases beyond their specified territorial reach. The question matters when a choice-of-law rule or a contractual choice-of-law clause directs application of a state’s law and the state has a statute that, because of a provision limiting its external reach, does not reach the case. On one view, the state has no law for cases beyond the reach of the statute. The territorial limitation is a choice-of-law …

The False Hope Of Stewardship In The Context Of Controlling Shareholders: Making Sense Out Of The Global Transplant Of A Legal Misfit, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

In 2010, the United Kingdom issued the world’s first stewardship code. Since then, stewardship codes have been issued in many of the world’s leading economies and now exist in 20 jurisdictions on six continents, with more jurisdictions considering adopting them. In the UK, stewardship codes were promised to transform rationally passive institutional investors into actively engaged shareholders to prevent another Global Financial Crisis. More recently, the new 2020 UK Code has been promoted as a mechanism to save the planet by incentivizing institutional investors to pressure listed companies to focus on ESG. There is a vigorous debate and developed literature …

Evolving Sovereignty Relationships Between Affiliated Jurisdictions: Lessons For Native American Jurisdictions, Vaughan Carter, Charlotte Ku, Andrew P. Morriss

Faculty Scholarship

Though sovereignty is principally associated with governance over a territory and freedom to act in the international arena, this article examines sovereignty as empowerment. The study tests the applicability to Native American jurisdictions of the experiences of fifteen case study jurisdictions presently associated with the United Kingdom, the Netherlands, and France in shared sovereign relationships. The focus is on the evolution of those relationships and opportunities for development where jurisdictions do not attain full control over their affairs. The case studies examine the relationships from the perspectives of political, economic, and cultural sovereignty. The article further examines the relationships in …

Nobody Understands My Language: An International Human Rights Crisis In U.S. Detention Centers, Kayla He

Cardozo International & Comparative Law Review (CICLR) Blog

Since 2016 when President Trump was elected, immigration has become a popular and polarizing topic in America. President Trump supported a hardline immigration policy of preventing migrants from entering the country by actively arresting and detaining migrants. Many human rights experts expressed concerns over the human rights violations at the United States-Mexico border as well as in detention centers. For instance, the American Civil Liberties Union (ACLU) published a report describing the lack of medical access and supplies for basic needs at detention centers. The report indicated that oftentimes, migrants were detained without knowing when they would be released, and …

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.

The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch

Chicago-Kent Law Review

No abstract provided.

Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo

Chicago-Kent Law Review

No abstract provided.