Comparative and Foreign Law Commons^™

Implikasi Penambangan Emas Ilegal Pada Masyarakat Adat Yonamami Amazon Brasil, Trini Diyani, Tiurma Mangihut Pitta Allagan

Jurnal Hukum & Pembangunan

The study seeks to understand the implications of mining on the rights of the Yanomami Indigenous Peoples of theBrazilian Amazon. Brazil has great potential for mining activities in the future. However, in recent years there has been a large number of illegal gold mining activities contributing greatly to the environment both physically and socially. Illegal mining leads to clashes between miners and the Yanomami tribe as well as severe environmental degradation. These miners are estimated to account for about a third of Brazil's gold production. Illegal gold mining in the Amazon increases deforestation and water pollution resulting in deforestation of …

Citizenship And The First-Generation Limitation In Canada, Michael Pal, Luka Ryder-Bunting

Dalhousie Law Journal

This article considers the current Canadian regime for citizenship by descent and what is known as the “first-generation limitation.” In 2009, Parliament legislated to limit the transmission of citizenship by descent. Known as the “first-generation limitation,” the new rules mean that a Canadian parent is only entitled to pass on their citizenship to their children born abroad if the parent themselves became a citizen by birth inside Canada or by naturalization. In other words, if an individual acquired Canadian citizenship by descent, they are not entitled to pass on their citizenship to their children unless those children are born in …

Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet

Publications and Research

The use of technology in policing seeks to improve the efficiency and effectiveness of the daily duties police officers may encounter. However, there is mixed empirical data on the use of technology and if it is really contributing to the institutional goals of the security sector, or, if it is contributing to other factors. This report provides an exploratory approach to understanding what information technology is being used in Mexico at the state level, in order to compare where broader application of information technology could make impactful contributions to the security situation in the country.

With a focus on six …

All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham

Georgia Journal of International & Comparative Law

No abstract provided.

Surrogacy And Parenthood: A European Saga Of Genetic Essentialism And Gender Discrimination, Mélanie Levy

Michigan Journal of Gender & Law

This paper tells a story of shifting normativities, from tradition to modernity and back, regarding the recognition of legal parenthood in non-traditional families created through crossborder surrogacy. The cross-border nature of the surrogacy is often forced as most domestic legal frameworks in Europe still restrict the creation of non-traditional families through assisted reproductive technologies. Once back home, these families struggle to have birth certificates recognized and establish legal parenthood. The disjuncture between social reality and domestic law creates a situation of legal limbo. In its recent case law, the European Court of Human Rights has pushed for domestic authorities to …

Pregnant Transgender People: What To Expect From The Court Of Justice Of The European Union's Jurisprudence On Pregnancy Discrimination, Hannah Van Dijcke

Michigan Journal of Gender & Law

Pregnant transgender people’s experiences vary: they may identify as male or non-binary and may seek gender-affirming medical care to different degrees. This variety in gender identities and bodies puts additional pressure on CJEU’s pregnancy discrimination case law—a case law that is, as this Article argues, already flawed. Building on a critique of the CJEU’s decision in Dekker, this Article discusses three alternative approaches to addressing pregnancy discrimination in EU law. The first two approaches are different ways of construing pregnancy discrimination as sex discrimination. First, the Article discusses a gender-stereotyping approach to direct sex discrimination, and, second, an indirect sex …

Suspect Development Systems: Databasing Marginality And Enforcing Discipline, Rashida Richardson, Amba Kak

University of Michigan Journal of Law Reform

Algorithmic accountability law—focused on the regulation of data-driven systems like artificial intelligence (AI) or automated decision-making (ADM) tools—is the subject of lively policy debates, heated advocacy, and mainstream media attention. Concerns have moved beyond data protection and individual due process to encompass a broader range of group-level harms such as discrimination and modes of democratic participation. While a welcome and long overdue shift, the current discourse ignores systems like databases, which are viewed as technically “rudimentary” and often siloed from regulatory scrutiny and public attention. Additionally, burgeoning regulatory proposals like algorithmic impact assessments are not structured to surface important –yet …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. Ti

Research Collection Yong Pung How School Of Law

Urban inequality in South Africa is a formidable problem that is linked to the injustices of its historical apartheid past. This paper identifies sectional titles, a form of property ownership where proprietors wholly own their apartment unit while co-owning the land and common property, as critical to providing more affordable housing. Sectional title schemes mitigate urban inequality by giving a greater proportion of the country the opportunity to own legally secure, well-located dwellings while serving as a platform where communal living could take place. Two suggestions how sectional title legislation can further alleviate aspects of urban inequality are made (1) …

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Middle East, Mohamed Hashish, Walid Nabil Taha, Alon Kaplan, Meytal Liberman, Daniel Cooper, David Pfeiffer, Ola Saab, Hassan El Khalil, Kelly Blount, Bashar Malkawi, Delissa A. Ridgway

The Year in Review

No abstract provided.

Mexico, John F. Walsh, Rommy Flores, Sonia Fleury, Carlos A. Bello, Noé Pascacio, Arciria Ireri Oreta Amador, Susan Burns, Diego Alejandro López Martinez, Eduardo Sánchez Madrigal, Yurixhi Gallardo Martinez

The Year in Review

No abstract provided.

Latin America & Caribbean, Mauricio Becerra De La Roca Donoso, José Francisco Mafia, Leonardo Sempértegui

The Year in Review

No abstract provided.

India, Kavita Mohan, Aseem Chawla, Jonathan Blank, Abhishek A. Rastogi, Monisha A. Coelho, Satyajit Gupta, Jaipat S. Jain, Anmabh Choudhary, Aditi Joshi, Assem Chawla, Priyanka Mongia, Poorvi Chothani, Ashwina Pinto, Namrata Patodia Rastogi, Katherine Golden

The Year in Review

No abstract provided.

European Law, James Henry Bergeron, Matthew Soper, John Richards, Adam Obadia, Molly O'Casey, Aaron S Schildhaus, Demetrios Eleftherlou, Bradley Varley, Valeria Camboni Miller, Angélique Devaux, Richard Silberstein

The Year in Review

No abstract provided.

Eurasia/Russia, Kimberly Reed, Sergey Budylin, Thomas Firestone, Maria Grechishkina, Maryna Ilchuk, Dinara Jarmukhanova, Sergey Kim, Natalia Lantanio

The Year in Review

No abstract provided.

China, Athena Jiangxiao Hou, Michael Dewey, Qing Lyu, Wei Huang, Steven Shengxing Yu, Ming Li, Ken Dai, Jingbing Li, Yanling Zheng, Hunter Wenxiong Qiu, Qiuming Chen, Rong Kohtz, Asen Velinov

The Year in Review

No abstract provided.

Canada, Angela E. Springate, Jacqueline R. Bart, John W. Boscariol, Chelsey Colbert, Robert A. Glasgow, Theodore Goloff, Annsley Kesten, Kevin Massicotte, Adam Mauntah, Claire Seaborn, Clifford Sosnow, Petra Stewart

The Year in Review

No abstract provided.

Africa, Tiana Bey, Anne Bodley, Theresa Bowman, Sherri Marie Carr, Michela Cocchi, Johann Ebongom, Mfon Etukeren, Mankah Fombang, Albina Gasanbekova, Ganiyou Gassikia, David Hofisi, Tyler Holmes, Ajani Husbands, Lumela Lumela, Alexandra Meise, Jacques-Brice Momnougui, John Mukum Mbaku, Ivan Allan Ojakol, Kingsley Osei, Amy Reier, Marlyse Sime, Howard Stovall, Jason Tauches, Marc Weitz, Zachary Welch

The Year in Review

No abstract provided.

Epidemics And International Law: The Need For International Regulation, Claudio Grossman

University of Miami International and Comparative Law Review

This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law.2 Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that I …

The Iachr’S Comprehensive Response To The Covid-19 Pandemic And Its Intersectional Impacts On Human Rights, Antonia Urrejola Noguera, Soledad Garcia Muñoz

University of Miami International and Comparative Law Review

The region of the Americas is facing unprecedented humanitarian and social challenges as a consequence of the Covid-19 pandemic. As such, the regional institutions need to deliver rapid and effective responses to the region’s inhabitants. In this way, the Inter-American Commission on Human Rights (hereinafter IACHR or the Commission) has aimed to deliver a timely answer so that States, the Civil Society, and stakeholders can assure individuals that the treatment of the pandemic incorporates a human rights approach from the Inter-American System’s framework. The purpose of this work will be to give a brief takeaway on how the IACHR has …

The Duty To Protect Survivors Of Gender-Based Violence In The Age Of Covid-19: An Expanded Human Rights Framework, Caroline Bettinger-López, R. Denisse Córdova Montes, Max Zoberman

University of Miami International and Comparative Law Review

Many commentators have referred to domestic violence and other forms of gender-based violence (GBV) in the age of COVID-19 as a “double pandemic.” Based on results of a mixed-methods study on the impact of the COVID-19 pandemic on GBV in South Florida, conducted by the Human Rights Clinic of the University of Miami School of Law, in close collaboration with community-based organizations,1 this article offers a proposal for an expanded normative human rights framework to address domestic violence and other forms of GBV. The local study sought to elucidate the pathways that link pandemics such as COVID-19 and GBV, highlight …

Louis Henkin Memorial Lecture, Juan E. Mendez

University of Miami International and Comparative Law Review

No abstract provided.

Big Data, Both Friend And Foe: The Intersection Of Privacy And Trade On The Transatlantic Stage, Gabrielle C. Craft

University of Miami International and Comparative Law Review

This Note analyzes the data privacy protection initiatives implemented by the European Union and the United States and their effects on international trade. As technology develops, the feasibility of data collection increases, allowing for the collecting of inconceivable amounts of data information. Consequently, this data includes personal information, thus implicating privacy concerns and the need for data privacy protection regulations. Data privacy focuses on the use and governance of personal data and how the data is gathered, collected, and stored. In 2018, the European Union enacted the General Data Protection Regulation (GDPR), which sets out highly stringent standards for how …

Comparative Laws In Public Health Unmasked, Christine Chasse

University of Miami International and Comparative Law Review

The COVID-19 pandemic lay bare the vulnerabilities of some countries’ public health responses and praise for others. Comparative law review in public health responses may glean lessons for the United States. For example, the United States had not had a pandemic of this magnitude in over a century and was reluctant to institute early masking policies. Meanwhile, the world raced for a COVID-19 vaccine. This begs the question of who will take the vaccine. Will—or can—governments force their citizens to be inoculated? Global comparisons in personal liberty, freedom, bodily autonomy, and how to parent intersect at the right to (or …

International Law & Covid-19 Symposium, Joseph Candelaria, Gita Howard, Tamar Ezer

University of Miami International and Comparative Law Review

The COVID-19 pandemic has sent shock waves through the international community, exposing systemic failures and highlighting injustices. At the same time, it has provided an opening to consider new approaches, including lessons for international law.
On April 12 and 16, 2021, the University of Miami School of Law International and Graduate Law Programs and Human Rights Clinic, in collaboration with the Human Rights Society, Health Law Association, Environmental Law Program, and University of Miami International and Comparative Law Review hosted a symposium on the impact of COVID-19 on international law. The International Law and COVID-19 Symposium specifically focused on the …

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

Gambling On Video Games: The Global Esports Betting Market And The Dawn Of Legalized Esports Gambling In The United States, Jake Bland

University of Miami International and Comparative Law Review

This Note compares eSports gambling regulations in the United States with regulations implemented in various foreign countries. eSports is a rapidly growing form of sport competition centered around video games. Video games have been a widely popular form of entertainment spanning the globe for many years. However, treating video games as a professional sport and form of monetized competition is a very recent phenomenon in the global mainstream market. Like traditional sports such as football and basketball, eSports have garnered significant attention in the gambling market. Sports betting has long been prevalent in the underworld of the United States, but …