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Articles 7411 - 7440 of 13717

Full-Text Articles in Comparative and Foreign Law

"Pollute First, Control Later" No More: Combating Environmental Degradation In China Through An Approach Based In Public Interest Litigation And Public Participation, Christine J. Lee Jun 2008

"Pollute First, Control Later" No More: Combating Environmental Degradation In China Through An Approach Based In Public Interest Litigation And Public Participation, Christine J. Lee

Washington International Law Journal

As China continues to face severe environmental degradation as a side effect of torrid economic growth and rise in population, the Chinese government has promulgated numerous environmental laws over the past few decades to address this critical issue. The efficacy of these laws, however, has been highly questionable. Although the laws themselves—modeled substantially on United States and European environmental laws—are relatively complete and comprehensive, difficulties in implementation and particularly enforcement have led to the continued deterioration of China’s environment. These failures in implementation and enforcement of environmental laws emerge from numerous factors, most notably from the decentralized structure of China’s …

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The End Of The Viarsa Saga And The Legality Of Australia's Vessel Forefeiture Penalty For Illegal Fishing In Its Exclusive Economic Zone, Laurence Blakely Jun 2008

The End Of The Viarsa Saga And The Legality Of Australia's Vessel Forefeiture Penalty For Illegal Fishing In Its Exclusive Economic Zone, Laurence Blakely

Washington International Law Journal

The world’s fish stocks are suffering from over-utilization. The earth’s oceans are subject to exploitation by all nation states and very little preservation. Because of the nature of the international legal regime of the Law of the Sea, enforcement of what conservation and management measures exist is challenging. Boundaries, ephemeral on land, are even more so on water, making rights allocation and management particularly difficult. Nevertheless, as fish stocks continue to decrease and it becomes clearer that oceans require more effective management, coastal states have begun to undertake more significant enforcement procedures corresponding to their rights in their exclusive economic …

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Access To Justice For The Poor: The Singapore Judiciary At Work, Gary Chan Kok Yew Jun 2008

Access To Justice For The Poor: The Singapore Judiciary At Work, Gary Chan Kok Yew

Washington International Law Journal

This Article examines the concrete efforts and programs of the Singapore judiciary to maintain and enhance access to justice for the poor. This examination is undertaken via overlapping economic, procedural, and institutional approaches. The Article will examine three main contentions. First, that the Singapore judiciary’s concrete efforts in maintaining and promoting access to justice for the poor have been fairly comprehensive and pro-active. Second, that abstract constitutional discourse on the right of access to justice and the associated rights of legal representation and legal aid are virtually absent in Singapore. Thus, the judicial practice for enhancing access to justice for …

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The Need For Effective Licensure Laws For Mid-Level Health Care Providers In Countries Facing Chronic Physician Shortages: A Case Study Of The Marshall Islands' Health Assistants, Jeffrey P. Lane Jun 2008

The Need For Effective Licensure Laws For Mid-Level Health Care Providers In Countries Facing Chronic Physician Shortages: A Case Study Of The Marshall Islands' Health Assistants, Jeffrey P. Lane

Washington International Law Journal

Facing a global physician shortage and high international emigration rates, developing countries are increasingly looking to mid-level health care providers to provide critical primary health care services. Mid-level providers have more training than nurses but less than full physicians and are typically authorized to prescribe medications and perform simple medical procedures. As the demand for health care providers continues to grow, mid-level providers are increasingly being asked to provide a broader array of clinical services. In response to this growing need, mid-level providers are increasingly practicing outside of their licensed scope of practice, which may both compromise patient safety and …

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Protecting Egg Donors And Human Embryos—The Failure Of The South Korean Bioethics And Biosafety Act, Mukta Jhalani Jun 2008

Protecting Egg Donors And Human Embryos—The Failure Of The South Korean Bioethics And Biosafety Act, Mukta Jhalani

Washington International Law Journal

Human embryonic stem cells have the potential to treat many physical and neurological disorders due to their unique ability to transform into any type of human cell. The process of deriving stem cells from human embryos, however, raises important ethical and regulatory issues. Embryonic stem cell research requires a steady source of human eggs to create embryos that are destroyed during stem cell extraction. International declarations and guidelines protect the two most vulnerable participants of embryonic stem cell research: women who donate eggs for research purposes and human embryos that are destroyed in the research. In 2005, South Korea passed …

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Korean Divorce Law On Claims For Property Division: Dividing Retirement Allowance In Divorce, Faye Y. Park Jun 2008

Korean Divorce Law On Claims For Property Division: Dividing Retirement Allowance In Divorce, Faye Y. Park

Washington International Law Journal

As South Koreans divorce closer to the retirement age, the issue of whether retirement allowance should be divided upon divorce has become more prevalent. The applicable law in the division of the retirement allowance in a divorce is Article 839-2 of the Civil Code. This article provides that property realized through the cooperation of both spouses shall be divided in divorce by agreement. The Korean courts have historically undervalued the contribution of spouses who provide housework by giving them less property in the division of acquired marital property. Retirement allowances pose problems because a spouse can contribute in acquiring them …

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Japan And The Moneylenders—Activist Courts And Substantive Justice, Andrew M. Pardieck Jun 2008

Japan And The Moneylenders—Activist Courts And Substantive Justice, Andrew M. Pardieck

Washington International Law Journal

Problems with sub-prime loans roiled financial markets worldwide in 2007 and brought renewed attention to predatory lending practices by loan brokers in the United States. Questionable lending practices, however, plague consumer financial markets worldwide, including one of the largest, found in Japan. This Article addresses the Japanese response to systemic problems in its consumer finance market. Over the last forty years, the judiciary has led and the Diet followed. Most recently, in 2006, the Supreme Court handed down a series of decisions that turned the single most important earnings driver for the consumer finance industry into dead letter law. The …

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As A Negative Right, Article 25 Can Have A Positive Effect Combating Japan's Poverty, Amelia S. Kegan Jun 2008

As A Negative Right, Article 25 Can Have A Positive Effect Combating Japan's Poverty, Amelia S. Kegan

Washington International Law Journal

Article 25 of the Showa Constitution guarantees everyone in Japan a minimum standard of “wholesome and cultured living.” Contrary to the force originally envisioned by the Constitution’s framers, the Supreme Court of Japan has interpreted the provision as merely a programmatic declaration that guides the legislature rather than as an enforceable right under which an individual may sue. As a result, individuals cannot seek relief from the judiciary for Article 25 violations. The Supreme Court should recognize Article 25 also as a negative, concrete right, allowing individuals to seek judicial relief when the government fails to appropriately apply laws intended …

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The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault Jun 2008

The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Corporate Corruption: Lawyers' Ability To Comply With Professional Responsibility Rules In The Avoidance Of Possible Corporate Corruption, Yasmine M AïDaros Jun 2008

Corporate Corruption: Lawyers' Ability To Comply With Professional Responsibility Rules In The Avoidance Of Possible Corporate Corruption, Yasmine M AïDaros

Archived Theses and Dissertations

No abstract provided.

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A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell May 2008

A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell

Brigham Young University International Law & Management Review

No abstract provided.

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Peasants, Tanners, And Psychiatrists: Using Films To Teach Comparative Law, Joseph W. Dellapenna May 2008

Peasants, Tanners, And Psychiatrists: Using Films To Teach Comparative Law, Joseph W. Dellapenna

Working Paper Series

Films have proven to be a useful teaching tool for a course on Comparative Law. The films serve to introduce the class to the look and feel of legal proceedings from selected foreign legal systems and to illustrate particular aspects of how these legal proceedings differ from our own. The article summarizes the results of more than 10 years of experience in using films. It will be of interest to others who teach Comparative Law and also to lawyers, judges, and students who want a video means of oriented themselves to foreign legal traditions. The article discusses the limitations of …

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Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein May 2008

Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein

San Diego International Law Journal

Parliament enacted a statute in 1996 intended to limit the double jeopardy bar in some situations in which the defendant obtained an acquittal through improper means, thereby permitting the government to retry the person for the same offense of which he previously was tried and acquitted. The statute, part of the Criminal Procedure and Investigations Act 1996, allows a retrial when an individual's acquittal was tainted, which, under the statute, means an acquittal resulting from interference with, or intimidation of, a juror, witness, or potential witness. In allowing a retrial in such circumstances, the statute creates an exception to the …

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Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic May 2008

Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic

San Diego International Law Journal

The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …

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Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant May 2008

Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant

San Diego International Law Journal

This Article confronts the limits this issue imposes on the First Amendment in four parts. Part I described the potential for conflicting defamation laws and forum shopping to undermine the American media's speech protections in the context of the Internet and global publications and outlines the Article's overall method of analysis. Part II first orients these conflicting defamation laws with respect to their development from the common law. It then frames them in terms of the underlying structural and policy differences that have produced their substantive divergence. This frame provides the analytical perspective through which this Article examines the varying …

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The Proliferation Of Global Reits And The Cross-Borderization Of The Asian Market, Julius L. Sokol May 2008

The Proliferation Of Global Reits And The Cross-Borderization Of The Asian Market, Julius L. Sokol

San Diego International Law Journal

After a brief discussion on the history of REITs, this Article goes on to analyze their importance and role within the global and Asian economy. Next, the underlying motivations for legal amendments to the REIT structures are discussed, as well as the socio-economic benefits associated with coordinating liberal REIT legislation throughout Asia. Subsequently, this article analyzes the various regulatory aspects of the regimes in Japan, Singapore, Hong Kong, South Korea, Thailand and Malaysia. In exploring their shortcomings, comparisons are made to the highly successful United States REIT structure. Given the history of our nation's regime, it goes without saying that …

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Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock May 2008

Corporate Taxation And International Charter Competition, Mitchell A. Kane, Edward B. Rock

Michigan Law Review

Corporate charter competition has become an increasingly international phenomenon. The thesis of this Article is that this development in corporate law requires a greater focus on corporate tax law. We first demonstrate how a tax system's capacity to distort the international charter market depends both upon its approach to determining corporate location and upon the extent to which it taxes foreign source corporate profits. We also show, however, that it is not possible to remove all distortions through modifications to the tax system alone. We present instead two alternative methods for preserving an international charter market. The first-best solution involves …

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Constitution Guarantees Rights To All Of Kosovo's Citizens, Christie S. Warren Apr 2008

Constitution Guarantees Rights To All Of Kosovo's Citizens, Christie S. Warren

Popular Media

No abstract provided.

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A Comparative Perspective On Immigration Law For Same-Sex Couples: How The United States Compares To Other Industrialized Democracies, James D. Wilets Apr 2008

A Comparative Perspective On Immigration Law For Same-Sex Couples: How The United States Compares To Other Industrialized Democracies, James D. Wilets

Faculty Scholarship

No abstract provided.

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Reviving The Subject Of Law, Penelope J. Pether Apr 2008

Reviving The Subject Of Law, Penelope J. Pether

Working Paper Series

This essay is an advanced draft of work that will be published in On Philosophy and American Law (Francis J. Mootz III ed. forthcoming, Cambridge U.P., 2009). This edited collection includes responses by a wide range of scholars working in legal theory to Mootz’s challenge to respond to the current state of American legal philosophy, using Karl Llewellyn’s 1934 University of Pennsylvania law review account of the emergence of legal realism as a prompt. Drawing on the author’s recent scholarship on the emergence of a distinctive and impoverished model of “common law” judging in the U.S. since the mid- c20th, …

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Combating Terrorism At Sea -- The Suppression Of Unlawful Acts Against The Safety Of Maritime Navigation, Helmut Tuerk Apr 2008

Combating Terrorism At Sea -- The Suppression Of Unlawful Acts Against The Safety Of Maritime Navigation, Helmut Tuerk

University of Miami International and Comparative Law Review

While piracy is an age-old phenomenon plaguing mankind, terrorism at sea has only manifested itself in recent times through the Achille Lauro hijacking in 1985 serving as a wake-up call. The international community has since been striving to adopt a series of legal as well as practical measures in order to prevent a recurrence of such a terrorist act because the rules of international law relating to piracy are not applicable mutatis mutandis to terrorism. The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation was adopted in 1988. This Convention addressed terrorism at sea for …

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Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King Apr 2008

Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King

University of Miami International and Comparative Law Review

Human trafficking is a modern phenomenon with ancient roots; it is a degrading institution that generates billions of dollars annually; it is an international problem that sits in our own backyards. Because human trafficking raises, among many issues, questions of international law, human rights violations, global economic concerns and matters related to organized crime, a discussion on human trafficking could take many forms. This paper will attempt define human trafficking in a modern context; discuss the interplay between international, national, and state specific human trafficking laws; and provide analysis on where we need to go as part of an international …

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The "War On Terror" Slippery Slope Policy: Guantanamo Bay And The Abuse Of Executive Power, Marcia Pereira Apr 2008

The "War On Terror" Slippery Slope Policy: Guantanamo Bay And The Abuse Of Executive Power, Marcia Pereira

University of Miami International and Comparative Law Review

No abstract provided.

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Interdiction Of Narcotics In International Waters, Juliana Gonzalez-Pinto Apr 2008

Interdiction Of Narcotics In International Waters, Juliana Gonzalez-Pinto

University of Miami International and Comparative Law Review

No abstract provided.

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Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford Apr 2008

Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford

Michigan Law Review

Embodied in the Universal Declaration of Human Rights is the evocative proposition that "[e]veryone has the right to freedom of opinion and expression." Beneath that abstraction there is anything but universal agreement. Modern democratic societies disagree on the text, content, theory, and practice of this liberty. They disagree on whether it is a privileged right or a subordinate value. They disagree on what constitutes speech and what speech is worthy of protection. They disagree on theoretical foundations, uncertain if the right is grounded in libertarian impulses, the promotion of a marketplace of ideas, or the advancement of participatory democracy. They …

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Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber Apr 2008

Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.

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Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald Apr 2008

Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald

Cardozo Journal of International and Comparative Law

The article explores the integration of restorative justice within Canada's criminal justice system, emphasizing its potential to enhance human capital development and community capacity through deliberative democratic processes. It argues that restorative justice offers a more effective and responsive approach compared to traditional punitive measures, which often fail to address the root causes of crime and may even exacerbate recidivism. By examining the Nova Scotia Restorative Justice Program as a model, the analysis highlights the benefits of combining restorative practices with formal criminal justice systems, advocating for a shift towards more inclusive and rehabilitative approaches to crime.

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Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen Apr 2008

Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen

Cardozo Journal of International and Comparative Law

The note examines the challenges of enforcing copyright laws in the digital age, focusing on the contrasting approaches of the U.S. and Sweden in addressing peer-to-peer file sharing. It critiques the U.S. for its aggressive legal strategy, which may prove counterproductive, while highlighting Sweden's potential as a model for alternative solutions. The analysis underscores the need for a balanced approach that protects copyright holders without stifling innovation.

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The Solitude Of Latin America: The Struggle For Rights South Of The Border, Ángel Oquendo Apr 2008

The Solitude Of Latin America: The Struggle For Rights South Of The Border, Ángel Oquendo

Faculty Articles and Papers

The article focuses, comparatively, on remarkable recent developments in Latin America regarding the programmatic adjudication, procedural enforcement, and internationalization of fundamental entitlements. It applauds, first, the manner in which many Latin American courts have uncompromisingly enforced positive guaranties in the last decade or so. Secondly, it analyzes various widely available procedures for the vindication of rights, including the writ of protection or security, unconstitutionality actions, and collective suits. Thirdly, it studies the manner in which the interaction between domestic and transnational rights has become extremely intense in the region. Finally, it notes the tension between the realization of the juridical …

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Comparative Treatment Of Human Trafficking In The United States & Israel: Financial Tools To Encourage Victim Rehabilitation And Prevent Trafficking, Sarah Leevan Apr 2008

Comparative Treatment Of Human Trafficking In The United States & Israel: Financial Tools To Encourage Victim Rehabilitation And Prevent Trafficking, Sarah Leevan

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal frameworks addressing human trafficking in the United States and Israel, highlighting their efforts to combat trafficking through legislation and international cooperation. It emphasizes the need for both countries to enhance victim support and accountability for all parties involved in trafficking.

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