Comparative and Foreign Law Commons^™

Letter From The Editer, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

The Notre Dame Journal of International and Comparative Law, Volume 8, Issue 2 (2018).

The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh

Notre Dame Journal of International & Comparative Law

The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should …

The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark

Notre Dame Journal of International & Comparative Law

The Paris Agreement is the most articulate and influential international legal agreement on climate change to date. However, despite record breaking levels of international participation, the future of the Agreement remains uncertain. United States President Donald Trump's decision to remain a part of the international community's efforts on climate change has the potential to affect the scope and scale of this acclaimed treaty. In this note, I discuss the development of the Paris agreement as compared to the Kyoto Protocol, and how its construction promises to facilitate successful implementation. Additionally, given the United States' prominent international role, I discuss the …

Masthead Volume 8

Notre Dame Journal of International & Comparative Law

No abstract provided.

The European Union, The Member States, And The Lex Mercatoria, Gabriella Saputelli

Notre Dame Journal of International & Comparative Law

The phenomena linked to the "internationalization" and "globalization" of the economy prompt the demand for uniform legal frameworks in supranational governance and encourage forms of “self-regulation”. This spontaneous attempt at harmonizing law at the supranational level is often prepared by market forces and comes to add to the classical legal models while leading to the emergence of a new lex mercatoria.

The aim of this paper is to analyze the openings of the European system to the transnational production of law identified under the term "new lex mercatoria" by verifying all the factors that allow its sources of law to …

The Need For A Supranational Organization In Foreign Investment, David M. Howard

Notre Dame Journal of International & Comparative Law

While the World Trade Organization (“WTO”) does not regulate the field of foreign investment, the WTO has tried to negotiate multilateral rules on foreign investment in the past, and there are other current international agreements that contain investment provisions designed to regulate foreign investment. Even though the previous multilateral investment agreement negotiations did not come to fruition, some scholars still believe there are several practical reasons for the WTO to regulate investment. Most significantly, trade and investment are strongly linked in our globalizing world and both are complements one another, with an increase in one corresponding to an increase in …

Increasing International Legal Protections For Freedom Of Expression, Alan Wehbé

Notre Dame Journal of International & Comparative Law

The international community seems to largely agree on the fundamental nature of the freedom of expression. Even countries that do not seem, in practice, to respect the freedom of expression still tend to ratify, sign, or be party to international instruments to that end. This duality tends to simplify the legal argument, but complicate the actual practice for promoting freedom of expression worldwide. For those who agree that the United States is a leader in international affairs, shift towards a more definitive State practice reinforcing the freedom of expression is an easy sell. For those who dispute whether the United …

Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani

Notre Dame Journal of International & Comparative Law

The refugee crisis is a highly contested and controversial issue. The world, and specifically Europe, has seen a rapid increase in the number of refugees applying for asylum. In fact, the European Union (“EU”) has received well over one million refugees: the highest number of refugees since the Second World War. The crisis is testing the EU’s main building blocks, including, most importantly, its Member States’ notion of an ever-closer union. Some Member States have been more responsive to the crisis than others. For example, Germany is the highest refugee hosting country in the EU. On the other hand, Hungary …

Combating Statelessness In The Wake Of The Syrian Conflict: A Right Without A Remedy, Tim Schultz

Notre Dame Journal of International & Comparative Law

In the wake of the Syrian Civil War, millions of persons have been displaced from their homes. As desperate families flee zones of conflict, they leave all but their most precious belongings behind, in search of safety in neighboring countries. The path to safety and security, however, is a dangerous one. Displaced persons must traverse national borders, military checkpoints, and journey great distances to find safe haven. Unfortunately, Syrian families often do not carry identification documents to establish a legal recognition of their nationality in foreign lands. Consequently, this population of refugees is left vulnerable to the ugly reality of …

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Custody Rights Of Same-Sex Couples In The United States V. Chile: More Progress Needed, Isabel Jolicoeur

University of Miami Inter-American Law Review

No abstract provided.

Brazil’S Zika Epidemic And Its Effects On The Criminalization Of Abortion, Laura M. Monteiro

University of Miami Inter-American Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Protecting Against Protectionism: Commisa V. Pemex, Victoria Aynne Barker

Georgia Journal of International & Comparative Law

No abstract provided.

An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters

Georgia Journal of International & Comparative Law

No abstract provided.

Cybersecurity And The Rights Of The Internet User In France, Jennifer Cross

Georgia Journal of International & Comparative Law

No abstract provided.

The Law Of Deception, Amit Pundik

Notre Dame Law Review Reflection

The purpose of this Essay is both descriptive and normative. On the descriptive level, this Essay details the Israeli jurisprudence and scholarly opinions on the issue of rape by deception in a way accessible to non-Hebrew readers, and briefly compares it with approaches taken elsewhere. On the normative level, the Essay seeks to show that the various attempts to answer the question of which characteristics can constitute deception all fail. In particular, it seeks to show that the Israeli approach is the least attractive, a conclusion that, it is hoped, may serve as a warning to reformers in other jurisdictions …

How Would The European Court Of Human Rights Decide Holt V. Hobbs?, Francesca M. Genova

Notre Dame Law Review Reflection

This Essay inquires: How would the ECtHR decide Holt v. Hobbs, given the same evidence provided at the district court level and the reasoning of the court of appeals? Analyzing this case through the ECtHR’s lens will elucidate the implications of the proportionality test in American jurisprudence. To do so, Part I will compare the two jurisdictions. Part II will summarize Holt v. Hobbs. Part III will describe the ECtHR’s relevant recent free exercise jurisprudence. Part IV will discuss how, based on this analysis, the ECtHR could decide Holt v. Hobbs in light of its overarching principles. Finally, …

The Rise-And-Fall Of Leading International Financial Centers: Factors And Application, Adam Church

Michigan Business & Entrepreneurial Law Review

This Note will look at the role of four broad factors that correspond with the rise-and-fall cycles among leading international financial centers. The four factors are: trust in a financial center’s abilities; the central banking and monetary policy systems of the center’s home nation; the home nation’s landscape of financial policy and regulation; and the overall stability of the financial center itself. First, this Note will undertake a broad historical survey of the shifts in prominence from Amsterdam to London, from London to New York, and from New York back to London to define the scope of these factors through …

International Regulation Of Fantasy Sports: Comparative Legal Analysis Of United States, Austrailian, And Asian Laws, Muralee Das

UNLV Gaming Law Journal

No abstract provided.

The Role Of The Courts In Guarding Against Privatization Of Important Public Environmental Resources, Melissa K. Scanlan

Michigan Journal of Environmental & Administrative Law

Drinking water, beaches, a livable climate, clean air, forests, fisheries, and parks are all commons, shared by many users with diffuse and overlapping interests. These public natural resources are susceptible to depletion, overuse, erosion, and extinction; and they are under increasing pressures to become privatized. The Public Trust Doctrine provides a legal basis to guard against privatizing important public resources or commons. As such, it is a critical doctrine to counter the ever-increasing enclosure and privatization of the commons as well as ensure government trustees protect current and future generations. This Article considers separation of powers and statutory interpretation in …

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Georgia State University Law Review

One of the major branches of the field of law and literature is often described as “law as literature.” Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes.

Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …

Keynote Address To The Atlas Conference: “International Business Disputes In An Era Of Receding Globalism”, Lord Peter H. Goldsmith Qc, Pc

Georgia State University Law Review

This is a transcript of the luncheon keynote address by Lord Peter Goldsmith at the Sixth Annual Conference of the Atlanta International Arbitration Society (AtlAS) on October 23, 2017.

Lord Peter Goldsmith QC, PC, is London Co-Managing Partner and Chair of European and Asian Litigation at Debevoise & Plimpton LLP. He joined the firm after serving as the UK’s Attorney General from 2001-2007, prior to which he was in private practice as one of the leading barristers in London.

Lord Goldsmith has a long practice in arbitration and in the interface between arbitration and litigation. He appears as counsel for …

Designing A Robust Tax System For Nigeria: Lessons From An International Perspective, Olukemi Tawoju

LLM Theses

This thesis argues that Nigeria can adapt its tax system for better gain from investment and other taxation. It outlines the foundation for a good tax policy, and explores initiatives by the Organisation for Economic Co-operation and Development (OECD and the United Nations (UN) regarding harmful tax practices and tax incentives. Their recommendations and those of scholars, conclude that tax incentives are ineffective in attracting foreign direct investment, may result in taxpayer abuse, and erode the revenue base of capital importing countries like Nigeria. Utilizing internationally accepted features on effective tax incentive design, examining the operation of the Nigerian tax …

China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow

Texas A&M Law Review

China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not aimed at prohibiting bribes …

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt

Texas A&M Law Review

Since a majority of Supreme Court justices created the abortion right in 1973, a troubling pattern has emerged: The Supreme Court has come to ignore—and even nullify—longstanding precedent and legal doctrines in the name of preserving and expanding the abortion right. And with a Supreme Court majority that is blithe to manipulate any doctrine or principle—no matter how deeply rooted in U.S. legal tradition—in the name of expansive abortion rights, it should come as no surprise that lower courts are following suit. Most recently, the D.C. Circuit fired up the “ad hoc nullification machine,” but this time, its victim of …

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Arbitration In Saudi Arabia: The Reform Of Law And Practice, Saleh Mubarak Bin Abbadi

SJD Dissertations

Arbitration, as a modern Western form of dispute resolution, has become an important feature of international commercial transactions and contracts. Saudi Arabia ratified the New York Convention and enacted a new Law of Arbitration in 2012. This dissertation evaluates arbitration in Saudi Arabia, focusing on the adoption of international standards in relevant local laws and court practices. The dissertation also considers the weight of Saudi laws, traditions, and social values to gauge the extent to which arbitration as practiced can be integrated into the Saudi legal system.

The dissertation highlights the necessity of cultivating a supportive environment for arbitration in …

Law, Culture, And The City: Urban Legal Anthropology, The Counterhegemonic Use Of Hegemonic Legal Tools, And The Management Of Intangible Cultural Heritage Spaces Within Toronto's Municipal Legal Frameworks, Sara Gwendolyn Ross

PhD Dissertations

The deep process of revision needed in managing Toronto and Canadas urban intangible cultural heritage not only affects redevelopment decisions and cultural policies at the municipal level, and cultural heritage legislation and regulations at the provincial level, but it also calls for the need to address issues at the federal level, such as correctly acknowledging what terms like heritage value mean when drawn from international cultural heritage legislation and the currently unratified status of the UNESCO Convention on the Safeguarding of the Intangible Cultural Heritage within Canada. Through the application of urban legal anthropology, as well as through a lens …