Comparative and Foreign Law Commons^™

History, Trips, And Common Sense: Curbing The Counterfeit Drug Market In Sub-Saharan Africa, Hannah Elizabeth Jarrells

Georgia Journal of International & Comparative Law

No abstract provided.

Mental Capacity: Reevaluating The Standards, Eulen E. Jang

Georgia Journal of International & Comparative Law

No abstract provided.

A House Divided: The Human Rights Burden Of Britain's Family Migration Financial Requirements, Courtney L. Broussard

Georgia Journal of International & Comparative Law

No abstract provided.

Public Law Litigation In The U.S. And In Argentina: Lessons From A Comparative Study, Martin Oyhanarte

Georgia Journal of International & Comparative Law

No abstract provided.

Industrial Accidents, Natural Disasters And "Act Of God", Michael Faure, Liu Jing, Andri G. Wibisana

Georgia Journal of International & Comparative Law

No abstract provided.

Declarations Of Unconstitutionality In India And The U.K.: Comparing The Space For Political Response, Chintan Chandrachud

Georgia Journal of International & Comparative Law

No abstract provided.

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

Table of Contents and Masthead for this issue.

Unclaimed Money In Saudi Banks, Abdulrahman Almasnad

Maurer Theses and Dissertations

A law shall not violate its sources, especially if the sources are not subject to being overruled or ignored. However, one of the essential Islamic objectives is preserving the wealth “property.” This preservation requires protecting wealth from being acquired in illegitimate way, which will prevent the owners from controlling and enjoying their wealth. Islam protects true owners themselves from getting harmed or facing suffering caused by engaging in a transaction that involved their property. In making the law, Islamic scholars contend that any deliberate act that creates harm or makes someone suffer is “strictly prohibited” and must be rebuked. This …

Supreme Court Of Canada Enhances Canada As A Venue For Global Enforcement, Barry Appleton, Sean Stephenson

Articles & Chapters

A recent Supreme Court of Canada (SCC) decision stands to enhance Canada's place as a preferred venue for the recognition and enforcement of foreign judgements. In Chevron Corp v. Yaiguaje et al, the SCC considered the jurisdictional requirements for the recognition and enforcement in Canada of a US $9.5 billion Ecuadorian judgment for environmental damages to the headwaters of the Amazon. This brief and clear Supreme Court decision has burnished Canada's attractiveness as a venue for creditor recognition and enforcement of foreign awards, but this decision raises questions of whether the Supreme Court of Canada may have pushed the pendulum …

The Resolution Of Disputes Before The Singapore International Commercial Court, Man Yip

Research Collection Yong Pung How School Of Law

The jurisdictional framework of the Singapore courts has become more nuanced with the establishment of the Singapore International Commercial Court (SICC) on 5 January 2015 and the signing of the Hague Convention on the Choice of Court Agreements 2005 (Hague Convention) on 25 March 2015. Although the Hague Convention has yet to be incorporated in domestic law, it is expected this will happen in the near future. The SICC project, on the other hand, is part of Singapore's strategy to promote the jurisdiction as an international dispute resolution hub. In essence, the SICC is a domestic specialist court established to …

Monitoring Hiv And Aids Related Policy Reforms: A Road Map To Strengthen Policy Monitoring And Implementation In Pepfar Partner Countries, Jeffrey Lane, Andre Verani, Mai Hijazi, Erin Hurley, Amy Hagopian, Nicole Judice, Ron Macinnis, Sallie Sanford, Sarah Zelek, Aaron Katz

Articles

Achieving an AIDS-free generation will require the adoption and implementation of critical health policy reforms. However, countries with high HIV burden often have low policy development, advocacy, and monitoring capacity. This lack of capacity may be a significant barrier to achieving the AIDS-free generation goals. This manuscript describes the increased focus on policy development and implementation by the United States President’s Emergency Plan for AIDS Relief (PEPFAR). It evaluates the curriculum and learning modalities used for two regional policy capacity building workshops organized around the PEPFAR Partnership Framework agreements and the Road Map for Monitoring and Implementing Policy Reforms. …

A Comparative Study Of Non-United States Responses To The Arab Boycott, Nancy Turck

Georgia Journal of International & Comparative Law

No abstract provided.

Stopping The Madman: Lessons From The Kaesong Industrial Complex, Sei Hee Park

Pepperdine Dispute Resolution Law Journal

Section I briefly introduces the Kaesong Industrial Complex, and its closure and reopening. Section II looks at the history of North and South Korea that has set up the current tension between the nations. Section III highlights the significance of the KIC to the two Koreas' relationship. Section IV then explores North Korea's behavior over the years, intertwining discussion of Thomas Schelling's "Madman Theory" to describe North Korea's growing unpredictability and irrationality. Section V provides suggestions for how South Korea can appease North Korea's erratic behavior, as exemplified by their actions during the KIC negotiations. Section VI concludes.

Korea's "Bali Bali" Growth In International Arbitration, Grant L. Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The Recognition And Enforcement Of Foreign Arbitral Awards In Korea: With Focus On The U.S. Matters, Yong-Beum Jahng, Ryul Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

A Bellwether To Korea's New Frontier In Investor-State Dispute Settlement?: The Moscow Convention And Lee Jong Baek V. Kyrgyz Republic, Joongi Kim

Pepperdine Dispute Resolution Law Journal

This article will first seek to provide an overview of the state of play of Korea’s ISDS regime. It will discuss the historic nature of the recent cases that have contributed to a critical mass of ISDS actions involving the Korean state as the respondent and Korean investors as claimants. The article will then provide analysis of the Moscow Convention with particular focus concerning its special provisions. After examining the Lee Jong Baek Award, it then explores the potential ramification of the recent cases to Korea’s ISDS policy. It suggests that these cases may represent a tipping point in Korea-related …

Surveying The Landscape Of Conflict Management, Tom Stipanowich, J. Kwang Ho Lim, E. Y. Park, Beomsu Kim, Joongi Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The Emergence Of Mediation In Korean Communities, Peter Robinson, J. Youngjin Lee, J. Kwang Ho Lim, Ryul Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Korean Perspectives On Trade And Investment Multilateral Agreements And Dispute Resolution, Lucy Reed, E. Y. Park, Joongi Kim, Beomsu Kim, Kevin Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Korea's Emerging Importance In The Practice Of International Commercial Arbitration, Jack J. Coe, E Y. Park, Grant Kim, Kevin Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Designing A Court-Annexed Mediation Program For Civil Cases In Brazil: Challenges And Opportunities, Fernando Vieira Luiz

Pepperdine Dispute Resolution Law Journal

In this article, I demonstrate that mediation is an important form of dispute resolution, displaying benefits when compared with adjudication. I try to refine what mediation is by contrasting it with judicial settlement conferences and conciliation. Regarding the ongoing process in Brazil, I state that every society should adapt a mediation program that is attainable for its social-economic and cultural reality. Criticizing the current Brazilian policies, I present the positive and negative aspects of the Resolution No. 125 of the National Council of Justice (CNJ), analyzing a possible program design feasible for the country, focusing on the issues of funding, …

Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi

Fordham Urban Law Journal

No abstract provided.

Books Recieved, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill

Fordham Urban Law Journal

No abstract provided.

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate …

Markovits On Defining Monopolization: A Comment, Keith N. Hylton

Faculty Scholarship

In this comment I focus on Richard Markovits’s definition of monopolization in his new book, Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law (Springer 2014), and also his assertion that monopolization is distributively unjust. I agree wholeheartedly with his approach to defining monopolization, though I might alter a few details. However, I think the distributive justice effects of monopolization are ambiguous.

To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary

University of Miami Inter-American Law Review

This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a balancing test. This …

Inverting Human Rights: The Inter-American Court Versus Costa Rica, Robert S. Barker

University of Miami Inter-American Law Review

Costa Rica has for many years been deeply and genuinely committed to the worldwide rule of law and, in particular, to the protection of human rights through the inter-American legal system and to the jurisprudence of the Inter-American Court of Human Rights.

In the year 2000 Costa Rica’s Constitutional Chamber declared unconstitutional the country’s program of in-vitro fertilization, primarily because the program violated the right to life as guaranteed by the national Constitution and by international conventions, in that the in-vitro fertilization process exposed large numbers of embryos to death, as only a very small percentage of in-vitro fertilizations resulted …

The New Brazilian Arbitration Law, Arnoldo Wald, Ana Gerdau De Borja

University of Miami Inter-American Law Review

This article selects four landmark events: the enactment of Law No. 9.307 on Sept. 23, 1996 (the “1996 Arbitration Law”); (ii) the recognition of the constitutionality of such law by the Supreme Court in 2001; (iii) the ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2002; and (iv) the enactment of Law No. 13.129 on May 26, 2015 (the “Amendment”). The first three events are analyzed jointly with the fourth event, in order to identify novel important legal issues involving arbitration in Brazil: (a) subject arbitrability concerning state and state entities; (b) …

Bitcoin: Información Sobre Su Reglamento En Las Américas Y Futuro Crecimiento, Belkenia Candelario

University of Miami Inter-American Law Review

Esta nota se tratará el tema de Bitcoin, la criptomoneda líder que surge en el año 2009 como una alternativa a la moneda fiduciaria. Bitcoin ha crecido considerablemente, tanto en términos de valor como en la conciencia colectiva internacional; sin embargo, los anuncios y regulaciones exploradas afectarían a todas las monedas digitales en general. Primero, esta nota explica el concepto tecnológico y funcional detrás de Bitcoin en términos de fácil acceso para el usuario y proporciona una breve discusión teórica sobre la historia de la aparición del dinero en el comercio. Segundo, analiza algunos de los efectos que tendría la …