Comparative and Foreign Law Commons^™

Korporasi Sebagai Pengemban Kewajiban Ham: Suatu Pencarian Legitimasi Dalam Hukum Internasional, Patricia Rinwigati Waagstein

Jurnal Hukum & Pembangunan

Abstract

Indonesia's Position Based On The Australian Asean New Zealand Free Trade Agreement And Its Impact From A Business La W Perspective, Ariawan Gunadi

Jurnal Hukum & Pembangunan

Abstract

Constitutional Question (Menyoal Konstltusjonalitas Pasal Tentang Pengemis Kuhp Pasal 504 Ayat (1) Dan (2)), Isrok Isrok

Jurnal Hukum & Pembangunan

Abstract

The Necessity Of Capacity Building For Indonesia's Effective Utilization Of Wto Dispute Settlement Mechanism: Implementation Of Gait Article Xx For Trade And Environment Issues, Windu Kisworo

Jurnal Hukum & Pembangunan

Abstract

Peran Badan Pemeriksa Keuangan Dalam Sistem Ketatanegaraan Indonesia, Ujang Bahar

Jurnal Hukum & Pembangunan

Abstract

Norma Kesusilaan Sebagai Batasan Pornografi Menurut Undang-Undang No. 44 Tahun 2008, Hwian Christianto

Jurnal Hukum & Pembangunan

Abstract

Investigasi Pendek Atas Kesejarahan Teori Hukum, Selaku Disiplin Yang Mengemban Misi Teoretikal Bidang Hukum, Rahadjeng Endah Ks.

Jurnal Hukum & Pembangunan

Abstract

Reining In The Patent Troll: Lessons The United States Can Learn From Its Northern Neighbors, Megan Petras

Loyola of Los Angeles International and Comparative Law Review

In patent law, non-practicing entities (NPEs) are patent holders who do not practice their patented invention. In recent years, there has been concern over a particular type of NPE, the patent troll. Patent trolls are said to harm innovation because they do not come up with any new ideas themselves, but instead buy up patents cheaply, find potential infringers, and threaten litigation to receive large settlements or damage awards. Interestingly, the patent troll problem is considered to be primarily a problem in the United States. While comparisons have been made between the existence of patent trolls in the European Un-ion …

International Human Rights Law And Extrajudicial, Summary Or Arbitrary Execution In Africa, John Mukum Mbaku

Loyola of Los Angeles International and Comparative Law Review

International and regional human rights instruments, as well as the laws of many countries, including those in Africa, consider the right to life to be a very important and fundamental human right. Human rights defenders believe that without this right, individuals cannot enjoy or realize the other rights and fundamental freedoms that are guaranteed by and enshrined in international and regional human rights instruments, as well as in many national constitutions. However, despite the protections granted to the right to life by both international and domestic laws, it remains threatened by many individuals and groups. Threats to the right to …

Rodríguez Pacheco Et Al. V. Venezuela, Katrina Karaguzian

Loyola of Los Angeles International and Comparative Law Review

This case is about medical malpractice and the failure of the State to provide justice to the victim. The Court found Venezuela in violation of several articles of the American Convention, including Article 26.

Active Memory Civil Association Vs. Argentina, Kamila Knaudt

Loyola of Los Angeles International and Comparative Law Review

This case is about the botched investigation of the bombing of the building hosting the Asociación Mutual Israelita Argentina, (AMIA) in Buenos Aires, Argentina. The State admitted responsibility for the faulty investigation, which took more than twenty years, and the Court found Argentina in violation of several articles of the American Convention.

Córdoba V. Paraguay, Madeline Prokop

Loyola of Los Angeles International and Comparative Law Review

This case is about the abduction in Argentina of a minor by a parent. The child was taken to Paraguay without the father’s consent. It took more than nine years for Paraguay to return the child to Argentina. The Court found Paraguay in violation of several articles of the American Convention for the prolonged return proceedings.

Honorato Et Al. V. Brazil, David Randall

Loyola of Los Angeles International and Comparative Law Review

This case is about the extrajudicial killing during a staged ambush of a group of suspected members of a crime syndicate. The Court found Brazil in violation of several articles of the American Convention.

The Continuum Of Contractual Commitment, David Snyder

Scholarly Articles in Law Reviews & Journals

Contracts frequently call for one or more differentiated levels of contractual commitment. Although contractual liability in the common law is said to be strict liability, and a claim that a good attempt was made is said to be no defense, often a party promises only to try. Contract theory in the United States struggles with departures from the paradigm of strict liability, and it has failed to fully consider the continuum of contractual commitment. To encompass the range of assent-based commitment and its consequent liability, U.S. contract theory needs to distinguish more clearly between (1) promises to try, which do …

Kebijakan Pertanahan Dalam Undang-Undang Nomor 25 Tahun 2007 Tentang Penanaman Modal, Arie S. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Praktek Pembebanan Dan Pelaksanaan Eksekusi Hak Tanggungan Di Indonesia, Prof. Ny. Arie S. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

Budaya Malu, Budaya Salah, Dan Budaya Hukum, Mura P. Hutagalung

Jurnal Hukum & Pembangunan

Abstract

The Decision Of The Inter-American Court Of Human Rights In The Case Of Angulo Losada V. Bolivia: A Catalyst For The Rights Of Girls And Victims Of Sexual Violence, Brisa De Angulo, Rosa Celorio, Bárbara Jiménez-Santiago, Rosemarie Hidalgo, Carolina Perez

University of Miami International and Comparative Law Review

The Inter-American Court of Human Rights issued its judgment in the case of Angulo Losada v. Boliviaon November 18, 2022, finding that the country of Bolivia violated the human rights of a victim of sexual violence by failing to thoroughly and promptly investigate, prosecute, and sanction a case of incestuous sexual violence against an adolescent girl by an older male relative. The Court advanced an enhanced due diligence standard, establishing that an intersectional gender and child-rights perspective needs to guide the judicial processing of cases of sexual violence against children and adolescents. The Court set critical legal standards for …

Tools Of Genocide: Forced Assimilation In Canada, Dr. Pamela Palmater, Zoë Craig-Sparrow

University of Miami International and Comparative Law Review

Since colonization, the core objective of Canada’s Indian policy was to “get rid of the Indian problem”. To accomplish this, Canada has engaged in the forced assimilation of Indians (First Nations), with targeted and disproportionate impacts on First Nations women and girls resulting in grave human rights violations. Drawing on international human rights laws and standards (such as the Convention on the Elimination of All Forms of Discrimination Against Women and the United Nations Declaration on the Rights of Indigenous Peoples); numerous inquiries and commissions (Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and …

Crossing Borders: The U.S. And Canadian Adoption Of The Wagner Act And The Limits Of U.S. Preemption, Grace Winkeljohn

University of Miami International and Comparative Law Review

Labor law refers to the regulation of the relationship between employees and their employers. The main principle of labor law protection is the employees’ right to collectively bargain. This principle has served as a cornerstone of industrialized society since the beginning of the twentieth century, helping increase workplace equality. A comparison of labor laws in the United States and Canada offers a unique perspective, as these two North American countries share an almost identical foundation that has evolved in distinct ways over time. A strong distinction between the two systems is the adopted doctrine of preemption by the U.S., leaving …

Obstetric Violence In The Case Law Of The Universal And Inter-American Human Rights Systems, Carmen Cecilia Martínez López

University of Miami International and Comparative Law Review

This Article explores how obstetric violence is treated within two major international human rights systems: the Inter-American System of Human Rights and the United Nations treaty body system. While obstetric violence has been increasingly recognized as a form of gender-based violence and a violation of fundamental rights, the articulation of its scope, state obligations, and standards of redress has varied across institutions.

Building on this analysis, the Article argues that a comparative approach to these systems not only illuminates key similarities and differences in legal standards, but also reveals concrete gaps and opportunities to advance the protection of reproductive autonomy. …

Legislating With An Expiration Date & The Duty To Reevaluate: Sunset Provisions As A Safeguard In Self-Defense Laws, Samantha Morales

University of Miami International and Comparative Law Review

Self-defense laws have a long history in the jurisprudence of many countries around the world, reflecting the essential right to protect oneself from harm. At their core, self-defense laws seek to balance the rights of individuals against one another in threatening, violent, or high-risk scenarios, presenting a classic legal dilemma—one person’s rights end where another’s begin.

Through a comparative and analytical lens, this Note explores the origins, current state, and impact of self-defense laws, focusing specifically on the United States and the United Kingdom. Tracing the development of self-defense doctrine from its roots in the common law, the analysis highlights …

Expanding “We The People”: Constitutional Language And Gender (In)Equality In The United States, France, Germany, And Sweden, Sophia Elaine Ward

University of Miami International and Comparative Law Review

While the U.S. Constitution opens with the inclusive promise of representing “We the People,” it remains silent on gender equality. That silence leaves gender-based rights dependent on judicial interpretation rather than constitutional command, producing uneven, unstable protections that shift with changing courts and political regimes. Although the U.S. Supreme Court addresses sex discrimination through the Equal Protection Clause, its jurisprudence relies on a formal equality framework that fails to confront structural and systemic gender inequality and offers no durable constitutional guarantee.

This Note argues that the U.S. can no longer rely on judicial interpretation alone to secure gender equality. Instead, …

Human Rights In The Americas Symposium: An Examination Of Past, Present, And Future, Caroline Bettinger-López, Tamar Ezer, Shantanice Vaxter, Hannah Garry, Alexzandrea Bartle, Austin Brewster, Brittany Findley, Ana Garcia-Velez, Andrew Kiliment, Christian Kruger, Ana Luiza Potgornik Ferreira, Abigail Matherne, Genice Nadal, Lucia Niño Junyent, Yasmin Rizvi, Amanda Sarmientos, Megan Schutzen, Roberta Spehl, Sara White, Meg Williams

University of Miami International and Comparative Law Review

Human Rights in the Americas Symposium: An Examination of Past, Present, and Future documents a week-long convening hosted by the University of Miami School of Law in November 2025, held in conjunctions with the 194th Period of Sessions of the Inter-American Commission on Human Rights. The Symposium brought together scholars, advocates, policymakers, students, artists, and community members to assess the evolution, current challenges, and future trajectory of human rights in the Americas.

Through interdisciplinary panels, thematic hearings, artistic exhibitions, and community-based engagements, participants examined pressing regional issues, including democratic backsliding, migration, housing justice, racial and gender inequality, environmental harm, and …

Protection Of The Human Rights Of Older Persons In The Americas And The Caribbean, Gloria Monique De Mees

University of Miami International and Comparative Law Review

The Americas and the Caribbean are undergoing rapid demographic aging amid structural inequality, widespread informality, and fragile social protection, exposing older persons to heightened risks of disease, poverty, exclusion, and abuse while reinforcing their construction as dependents rather than autonomous rights-holders. Grounded in the Inter-American Human Rights System, and complemented by empirical evidence, the analysis situates demographic aging as a structural human rights priority and traces the evolution of regional standards culminating in the Inter-American Convention on Protecting the Human Rights of Older Persons. It then examines advances and gaps in national protection systems in Latin America and the Caribbean …

Homelessness In The Caribbean: From Colonial Roots To Rights-Based Responses, Wilmy Dessalines, Tamar Ezer, Gabriela Valentín Diaz

University of Miami International and Comparative Law Review

This Article provides an analysis of homelessness across four Caribbean localities—the Dominican Republic, Haiti, Jamaica, and Puerto Rico. Each locality brings a diverse history connected to colonial legacies and realities from Spain, France, the United Kingdom, and the United States. They capture a cross-section of the Caribbean and reveal that homelessness is shaped by legal and governance systems rooted in colonial inheritance that promote exclusion over social protection: from vagrancy laws that regulate presence in public space to land systems that legalize dispossession and facilitate displacement. Laws punishing vagrancy and life-sustaining activities serve as instruments of social control that systematically …

Police Accountability For Racial Justice And Equality: A Human Rights Analysis Of Perceptions Of Police Legitimacy In Orlando, Florida, Katherine Wilson Mccoy, R. Denisse Córdova Montes

University of Miami International and Comparative Law Review

The murder of George Floyd marked a watershed moment in the global fight against racism. In response, the United Nations Human Rights Council adopted Resolution 43/1, calling for a comprehensive report on systemic racism and human rights violations against Africans and people of African descent by law enforcement. Despite this increased scrutiny, legislators have increasingly used laws to police poverty. Florida House Bill 1365 went into effect on October 1, 2024, prohibiting public camping and sleeping on public property without authorization. Critics argue that such measures disproportionately target marginalized groups by criminalizing life-sustaining activities. Research suggests that repeated interactions, especially …

Peace Agreements, Provisions, And Profit: How Peace Agreement Provisions Impact Foreign Direct Investment Inflows, Wendi M. Sheehan

Honors Theses

There are many provisions that post-civil war states may include in peace treaties. This paper seeks to analyze the inclusion of three specific provisions– political power sharing and political institutions, rule of law/property rights, and infrastructure and reconstruction– and their impact on the resulting foreign direct investment inflows into a post-conflict nation over the course of ten years. I hypothesize that states that include one or more of these provisions will subsequently experience higher FDI inflows. To test this theory, I used the peace agreement information from the PA-X Peace Agreements dataset and FDI inflow information from the United Nations’ …

Pembeli Beritikad Baik Dalam Konteks Jual Beli Menurut Ketentuan Hukum Indonesia, Arie S. Hutagalung, Suparjo Sujadi

Jurnal Hukum & Pembangunan

Abstract

Foreign Judgments In U.S. Courts, Yanbai Andrea Wang

Fordham Law Review

American law on foreign judgments is at an inflection point. For over a century, the doctrine has been shaped by concerns about outgoing U.S. judgments seeking asset collection in the civil law countries of continental Europe. But shifting trade flows and changing litigation tactics have carved a new landscape, demanding a return to foreign judgments law’s conceptual and doctrinal underpinnings. This Article first maps the new landscape, in which China is rapidly rising as a foremost foreign judgments interlocutor. Meanwhile, litigants are increasingly pursuing parallel litigation in multiple countries. The impact of incoming judgments and the interactions between related litigations …