Comparative and Foreign Law Commons^™

How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears

University of Miami Inter-American Law Review

“How Animal Science Products, Inc. Plays a Role in the China and U.S. International Relations Saga” takes a look at a June 2018 Supreme Court decision that ruled federal courts are not bound to defer to a foreign government’s interpretation of its own law. This paper discusses the pros and cons of absolute deference to foreign governments in these instances, in addition to examining the effectiveness of foreign amicus briefs in antitrust cases before the Supreme Court. This paper finishes with a discussion on the current state of international relations China and the U.S., with a summary of where the …

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …

Aligning Investment Treaties With Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.

A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.

The paper proposes that IIAs should be designed and evaluated with respect to their ability to …

Acceptance Speech For Lifetime Achievement Award From Canadian Prison Lawyers Association, Michael Jackson Qc

Dalhousie Law Journal

Acceptance Speech for Lifetime Achievement Award from Canadian Prison Lawyers Association

The Words Of Comparative Law, Olivier Moréteau

Journal Articles

While the word "comparative" refers to a cognitive and intellectual activity supposing that there are several elements to compare, the word "law" is used in the singular, as if law was to be compared to itself The whole phrase indicates that comparison takes place within the study of the law, but the use of the singular does not point to a pluralistic approach: what do we mean by law? Should we not talk about "comparing the laws" or "legal comparison"? With a reflection on the words of the law as a starting point, this paper visits the corpus of comparative …

‘Overreaching’ Or ‘Overreacting’? Reflections On The Judicial Function And Approaches Of Wto Appellate Body, Weihuan Zhou, Henry S. Gao

Research Collection Yong Pung How School Of Law

Since 2017, the US has blocked appointments to the WTO Appellate Body (AB), citing various concerns over its judicial approach, with the most significant being the issue of judicial overreach. This article provides a critical analysis of this issue and makes important contributions to the ongoing debate. Drawing on the fundamental function of the WTO, it offers a fresh approach to assess judicial overreach and shows that AB rulings in major non-trade remedy cases (that have consistently concerned the US) have served that function and hence should not be treated as ‘overreaching’. We argue that, the allegation of judicial overreach, …

Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, Rachel E. Zarrabi

Journal of the National Association of Administrative Law Judiciary

This comment explores the types of legislation, approaches to regulating e-cigarettes, and analyzes whether the FDA’s campaign and current regulations are effective. So far, it appears that the United States is ahead of the game with its new, aggressive proposal for regulating e-cigarettes. The FDA is standing against the companies and products that target youthful consumers. Most countries acknowledge the gaps in current scientific research regarding the long-term health risks of vaping, and some are waiting to take a legislative stance until it is clearer which side of the health line e-cigarettes fall. Section II of this comment discusses the …

Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation, Lauren Jacobs

Journal of the National Association of Administrative Law Judiciary

The American cosmetics industry is not required by the Food and Drug Administration (FDA) to conduct pre-market safety assessments of cosmetics. The FDA only reviews personal care products when people voluntarily report problems. Further, companies continue to test animals for cosmetics, despite the FDA’s recommendation that manufacturers seek more humane and accurate testing. Although the FDA does not require animal testing for product safety or premarket approval, the United States is one of the largest users of laboratory animals for product testing. There are two pending pieces of legislation, which if passed would be the first acts of cosmetic regulation …

Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots

Articles & Chapters

The sex trafficking of women and girls by US. military men remains an issue plaguing US. military bases overseas. While the US. government has offered several solutions to combat this specific niche of sex trafficking, the legislation and policy put forth are insufficient to eradicate the problem. After assessing the intersection of sex trafficking and overseas US. military bases, this Note both discusses why and proposes how, through the use of Status of Forces Agreements (SOFAs), all US. military bases abroad can and must commit to the prevention of this egregious human rights violation. Because SOFAs grant wide latitude to …

Hardware, Heartware, Or Nightmare: Smart-City Technology And The Concomitant Erosion Of Privacy, Leila Lawlor

Journal of Comparative Urban Law and Policy

Smart city technology is being adopted in cities all around the world to simplify our lives, save us time, ease traffic, improve education, reduce energy usage and keep us safe. This article discusses smart city projects being utilized in crime prevention and investigations. Specifically, this article highlights examples of gunshot detection devices and surveillance that have led to improvements in public safety in Cape Town, Chicago and Atlanta, and discusses their impacts to privacy.

A Comparison Of Two Smart Cities: Singapore & Atlanta, Karen Johnston

Journal of Comparative Urban Law and Policy

This paper compares Singapore's top-ranked smart city strategy to Atlanta, Georgia, a city that does not make a top smart city ranking but boasts internationally recognized smart city projects.

The Deceptive Allure Of Singapore's Urban Planning To Urban Planners In America, Denis Binder

Journal of Comparative Urban Law and Policy

This article explores Singapore's history, urban planning history, and present day urban planning strategies as compared to the United States.

Singapore, Land Use And The Lessons For Human Development, Wellington Migliari

Journal of Comparative Urban Law and Policy

A study of the impact of using land use controls as a strategic tool to further human development among all social classes is presented. We advocate that human rights include a long-term practice of combining public policies, manufacturing industry, and property system. Further, this study strives to educate economists and those in other academic areas (e.g. humanities) on the importance of considering land use, ownership, and urban planning with economics to form a new theory of developmentalism. Singapore provides a case study demonstrating similar aspects that may shed light on that debate. The Housing & Development Board and the Urban …

Providing For Open Space Corridors: Two Examples, Edward Sullivan

Journal of Comparative Urban Law and Policy

This paper examines the efforts of two jurisdictions to respond to public demands that land be set aside for active or passive recreational use. The response to those demands reflects the different social, political and economic circumstances of those jurisdictions in allocating public and private lands for these uses.

Rainwater Harvesting: Legal Frameworks In The United States, Singapore And Other Countries, Julian Conrad Juergensmeyer, Audra Durham

Journal of Comparative Urban Law and Policy

With increasing climate change effects worldwide, rainwater harvesting is likely to become more and more important to ensure reliable alternative water supply and to conserve the environment. This article examines two goals to be accomplished through rainwater harvesting: (1) augmenting water supply for proposed development’s use through regulations that have been formulated to make the proposed development responsible for at least a portion of the water supply needed to support the new development; and (2) managing stormwater runoff. The results show that many, perhaps most, rainwater harvesting programs, as exemplified by efforts in Singapore and elsewhere around the world, succeed …

The European Union Perspective On Cultural Heritage And Climate Change Issues, Maria Kenig-Witkowska

Journal of Comparative Urban Law and Policy

The paper examines the European Union perspective on the cultural heritage and climate change issues. It starts with drawing up the international law approach to the subject. Whereas the studies on impact of climate change on human environment have become fundamental research in various fields of science, the international community has not yet carried on any serious discussion on the issue of the protection of the cultural heritage in this context. In the first part of this paper the cultural heritage and climate change issues will be discussed from two perspectives - the 1972 World Heritage Convention, and the 1992 …

Coastal Cultural Heritage Protection In The United States, France And The United Kingdom, Ryan Rowberry, Ismat Hanano, Sutton M. Freedman, Michelle Wilco, Cameron Kline

Journal of Comparative Urban Law and Policy

Exacerbated by climate change, sea levels are rising rapidly. This poses a significant, immediate threat to coastal or riverine urban areas and the tangible cultural heritage (e.g. artifacts, buildings, monuments, archaeological sites) that makes them unique. Protecting coastal cultural resources from climate change is quickly becoming a global priority, and comparing cultural heritage laws designed to protect historic resources in coastal areas from several countries may illuminate potential paths forward. Following a brief discussion of the economic and public health benefits arising from the protection of cultural heritage, this article describes, examines, and compares the legal frameworks through which the …

Introduction, Julian Conrad Juergensmeyer, Karen Johnston

Journal of Comparative Urban Law and Policy

No abstract provided.

Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, Calvin Jonker

The Journal of Business, Entrepreneurship & the Law

Many international business transactions integrate an arbitration clause into the agreement as companies choose to keep potential disputes out of the court systems. Enforcement of the awards rendered pursuant to such agreements is straightforward in the United States thanks to the Federal Arbitration Act, as long as the United States is the forum for the arbitration proceeding. Even if the forum is outside of U.S. jurisdiction, several treaties, namely the Panama Convention and the New York Convention, provide for recognition of a foreign arbitrated award by U.S. courts, as well as recognition by U.S. courts of any annulment or suspension …

Crashing The Boards: A Comparative Analysis Of The Boxing Out Of Women On Boards In The United States And Canada, Diana C. Nicholls Mutter

The Journal of Business, Entrepreneurship & the Law

This paper will first provide a critical, comparative look at the Canadian and the federal American responses to the under-representation of women on boards of large, publicly traded corporations. There will be a discussion about the competing conceptions which emerge in addressing the regulation of women on boards in the United States and Canada and why each jurisdiction implemented its policy when it did. The conceptions arising out of questions about under-representation of women on boards tend to fall within two categories: business case rationales and normative rationales. Given the competing conceptions of this issue, this paper will attempt to …

Behavioural Economics And The Non-Frustration Rule: Accounting For Bias, Matthew Cole

The Journal of Business, Entrepreneurship & the Law

The purpose of this paper is to argue how reforming the UK takeover and merger rules can lead to greater long-term investment by UK firms, while causing commensurate growth in productivity without hindering overseas investment or entrenching inefficient management.

Tax Incentives For Attracting Foreign Direct Investment In Sub-Saharan Africa: A Comparative Study Of Ghana And Kenya, Patrick Ofori

LLM Theses

Developing countries have increasingly resorted to the use of tax incentives to attract FDI, despite existing evidence of the shortcomings of tax incentives. In sub-Saharan Africa, tax incentives are a prominent feature of many investment codes. Sub-Saharan African countries find tax incentives as a means of attracting FDI because there are no viable alternatives per se, and they believe that tax incentives can be structured to ensure that FDI advances socio-economic and technological development. But the reliance on tax incentives at the expense of maximizing domestic tax revenue poses a challenge to sustainable development. This study examines Ghana and Kenya …

Global Justice Vs. U.S. Global Hegemony: Rejecting Bolton’S Opposition To The Icc, Norman Swazo

Cardozo International & Comparative Law Review

Former U.S. National Security Advisor John R. Bolton has announced that as an official Trump Administration national security policy, the USA will not support the International Criminal Court (ICC) and instead will work for its demise. At issue here is a concept of global justice versus insistence on US global hegemony and a Pax Americana. Here, the author argues against Bolton's position rejecting the legitimacy of international law and the ICC. Bolton 's appeal to a principle of consent must yield to a principle of salience, as defended by Ronald Dworkin; a concept ofjustice, as advocated by Amartya Sen; and …

Legitimacy In International Dispute Resolution In The Age Of Anti-Globalization, Nationalism, And Isolationism: How Geographical And Legal Cultural Diversity On The International Bench Can Promote Regional And International Cooperation, Alina Ng Boyte

Cardozo International & Comparative Law Review

The article argues that implicit biases, such as availability bias, affect heuristic, and endowment effect, significantly impede international cooperation and effective problem-solving in the global legal system. By addressing these cognitive errors, international legal institutions can foster trust, promote collaboration, and achieve socially just outcomes. The analysis highlights the role of legal frameworks and distributive justice in overcoming these biases, using the example of global efforts to eliminate child labor as a successful case study.

Masthead - Cardozo International & Comparative Law Review, Vol. 3 (2019-20)

Cardozo International & Comparative Law Review

No abstract provided.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 3, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

225 Years To The Jay Treaty: Interstate Arbitration Between Progress And Stagnation, Tamar Meshel

Cardozo International & Comparative Law Review

The article challenges the contemporary judicialized conception of interstate arbitration, arguing that it has strayed from its traditional purpose of effectively resolving disputes that are not suitable for judicial settlement. It advocates for a return to the hybrid nature of arbitration, which combines both legal and political dimensions, as reflected in the Jay Treaty. The article contends that a narrow, legalistic approach to arbitration often fails to address the complex, intertwined legal and political issues present in interstate disputes, such as territorial conflicts. It highlights the importance of arbitration as a flexible and effective mechanism for resolving such disputes, emphasizing …

The State Of Juvenile Diversion In Kosovo, Jason R. Tashea

Cardozo International & Comparative Law Review

Through original, in-country interviews and research, this Article will introduce Kosovo's current juvenile diversion system and the need for its continued improvement. Kosovo-Europe 's youngest country-has instituted juvenile diversion, mediation, and educational alternatives to the traditional criminal justice system. This is positive progress, since research shows that children are developmentally more susceptible to reform and reeducation than adults. Thus, rehabilitating a child instead ofpunishing him lessens the chance the child will recommit a crime. However, there is evidence-informed by interviews with national and local stakeholders-that there is still room for procedural and statutory changes to expand the adoption, use, and …

The Struggle For Marriage Equality And The Need To Focus On Transgender Rights In Taiwan, M. Bob Kao

Cardozo International & Comparative Law Review

Marriage equality has been the primary focus of LGBTQ rights activists in Taiwan for the past decade. After numerous setbacks, same-sex marriage was finally legalized in May 2019 by the Taiwanese Constitutional Court's decision finding that limiting marriage under the Civil Code as solely between a man and a woman was unconstitutional on grounds that it violated the principles of equality and the freedom of marriage. Moving forward, while ensuring marriage equality is enforced in practice, LGBTQ rights activists in Taiwan must strategize their next steps, including combating other types of discrimination based on gender and sexual orientation and advocating …

The “National Security” Of Nations: President Trump’S Pretextual Tariff Rationale And How To Overcome It, Jacob Ely

Cardozo International & Comparative Law Review

The note argues that President Trump's use of Section 232 of the Trade Expansion Act to impose tariffs on steel, aluminum, and automobiles under the pretext of national security constitutes an abuse of executive power. It contends that this action undermines the constitutional authority of Congress to regulate trade and tariffs, raising significant concerns about the separation of powers and the potential for future presidential overreach. The note advocates for legislative reforms to reclaim congressional oversight and ensure that national security justifications for tariffs are genuine and narrowly defined.