Comparative and Foreign Law Commons^™

Gay Marriage: Analyzing Legal Strategies For Reform In Hong Kong And The United States, Robin A. Warren

Washington International Law Journal

Like many countries, both the United States and Hong Kong face the question of whether to legalize gay marriage due to social, legal, and political forces within and beyond their borders. The legalization of same-sex marriage in one jurisdiction forces other jurisdictions to decide whether to recognize marriages celebrated there. Comparing the current state of U.S. and Hong Kong law reveals that only a direct challenge to discriminatory marriage laws will successfully effect change. Two U.S. state supreme court decisions provide examples of effective legal arguments in a direct challenge. Conflict of laws analysis for marriage and the public policy …

Russian Floating Nuclear Reactors: Lacunae In Current International Environmental And Maritime Law And The Need For Proactive International Cooperation In The Development Of Sustainable Energy Sources, Douglas John Steding

Washington International Law Journal

During the second half of 2003, Russia announced plans to build barges carrying two nuclear reactors capable of supplying electricity to a town of fifty thousand people. Rapidly developing countries seem particularly interested in this proposal, as these reactors can meet their growing power needs. In addition, these floating nuclear reactors provide an alternative to coal, oil and natural gas, all sources of energy that contribute to global warming. These reactors, however, pose a substantial risk to the environment, particularly in light of Russia's lax environmental policies, and the design of the barges themselves make them susceptible to a wide …

No More Waiting For Revolution: Japan Should Take Positive Action To Implement The Convention On The Elimination Of All Forms Of Discrimination Against Women, M. Christina Luera

Washington International Law Journal

In 1985, Japan ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW"), which requires the eradication of all legal, political, social and cultural structures that prevent women from enjoying full equality with men. Under CEDAW, Japan is legally obligated to strive for actual, not just formal, equality between men and women. CEDAW also requires States Parties to take positive action to achieve gender equality. Despite the Japanese government's apparent efforts to comply with CEDAW over the last two decades, gender equality remains a distant reality. On July 8, 2003, the Committee on the …

The Australian National Representative System Of Marine Protected Areas And The Marine Zoning System: A Model For The United States?, Jennifer L. Schorr

Washington International Law Journal

Marine Protected Areas ("MPAs") are increasingly recognized as a critical component of marine conservation. MPAs are areas of the marine ecosystem set aside for special protection and management in order to conserve biological or cultural resources. MPAs manage the use of marine resources by limiting or controlling activities within the area. Marine reserves, the most restrictive type of MPA, severely limit or forbid all extractive activities. Scientific research has demonstrated that MPAs, especially marine reserves, can have rapid and long-term benefits for biological diversity, lead to recovery of specific species, and may have a "spill over" effect that benefits adjacent …

Fairness And Welfare From A Comparative Law Perspective, Horacio Spector

Chicago-Kent Law Review

This Article discusses the relative value of law and economics and moral philosophy to explain private law in both common law and civil law jurisdictions. It argues that the recent philosophical paradigm, which revolves around the ideas of fairness and autonomy, is intellectually continuous with the School of Rationalist Natural Law. Though this School has been directly influential on the development of civilian private law, its ascendancy on common law cannot be documented. Paradoxically, recent philosophical explanations of private law bear on common law, while legal philosophers in civil law jurisdictions still follow Kelsen's research agenda, which focuses on the …

The Japanese Law Concerning The Special Measures On Humanitarian And Reconstruction Assistance In Iraq: Translator's Introduction, Mika Hayashi

Washington International Law Journal

The legal framework concerning Japan's physical contribution to international peace and security through the presence of its Self-Defense Forces abroad underwent ad hoc changes twice since the beginning of the Twenty-First Century. The first change was brought about by the September 11 terrorist attacks in 2001 and the second was the result of the war in Iraq in 2003. In both cases, Japan enacted laws that specifically enabled the Self-Defense Forces to operate abroad: the Anti-Terrorism Special Measures Law and the Law concerning the Special Measures on Humanitarian and Reconstruction Assistance in Iraq, respectively. The latter and most recent legislation, …

The War On Cyberterror: Why Australia Should Examine The U.S. Approach To Critical Infrastructure Protection, Elizabeth Tutmarc

Washington International Law Journal

As the global community focuses on detecting and fighting terrorism, defense strategists have identified the vulnerability of certain cybersystems. Traditional methods of defense and warfare, however, often do not apply to new technologies. Thus the cybercommunity is developing new standards for protecting computer resources against terrorist attack. From the perspective of national governments, much attention has been paid to the importance of secure "critical infrastructure." This category of computer-dependent resources includes sectors vital to the smooth and orderly operation of public society, such as transportation, communications, and food production. These sectors are becoming increasingly dependent on computers to function, and …

The Roadmap For Failure: Israeli And Palestinian Discountenance And Misunderstanding, John J. Marciano

ExpressO

As tensions rise with the assassination of key Hamas figures, the situation in Israel and the Occupied Territories call out for committed, reasoned action. In the past, the peace process has consisted of half-hearted attempts to pacify both the Israeli and Palestinian populaces. This is exemplified by the recent Roadmap for peace, which was supported by the United States.

However, the lack of true dedication among the players has arguably resulted in crimes against humanity on both sides. The previous peace plans fail to recognize this, and have perpetuated the violence with cookie-cutter approaches that are not closely tailored to …

Constitutional Crisis Over The Proposed Supreme Court For The United Kingdom, Peter L. Fitzgerald

ExpressO

No abstract provided.

The Right To Family Life And Civil Marriage Under International Law And Its Implementation In The State Of Israel, Yuval Merin

ExpressO

The article deals with the protection of the right to family life under international law and its implementation in the State of Israel on three levels: protection of the family cell as a single unit; protection of the individuals comprising the family unit; and protection of the family in special circumstances (e.g., immigration rights).

The article begins by analyzing the characteristics of the right to family life and examining various definitions of the “family” under international and Israeli law. It also examines what it is that the right to family life encompasses and how it should be classified within the …

Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen

ExpressO

This writing explores the fast-changing intersection of law, technology and ethical considerations related to the visual arts. My paper explores differences in domestic intellectual property laws as well as regional considerations in moral rights law application.

The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan

Faculty Scholarship

The paper analyses the international impact of the approval by the United States Supreme Court to use indirect price control mechanisms to tackle public health and Medicaid issues. It traces similarities in policies implemented by the United States and those it opposed within developing nations. For example, the recent use by the developed nations of compulsory licensing and price control mechanisms, which they opposed as violating TRIPS when used by developing nations, underlines a poverty penalty suffered by developing nation signatories of TRIPS. In effect, TRIPS exempts developed nations from fulfilling obligations developing nations were forced to fulfill and thus …

China's Socioeconomic Changes And The Implications For The Religion-State Dynamic In China, Kim-Kwong Chan

BYU Law Review

No abstract provided.

Advances In Religious Liberty In Peru, Guillermo Garcia-Montufar, Moises Arata Solis, Scott E. Isaacson

BYU Law Review

No abstract provided.

Religious Freedom And Laicite: A Comparison Of The United States And France, T.Jeremy Gunn

BYU Law Review

No abstract provided.

New Religious Movements And The Problem Of Extremism In Modern Russia, Veronika V. Kravchouk

BYU Law Review

No abstract provided.

Religious Pluralism In Spain: Striking The Balance Between Religious Freedom And Constitutional Rights, Augustin Motilla

BYU Law Review

No abstract provided.

Church-State Relations And The Legal Status Of Religious Communities In Slovenia, Lovro Sturm

BYU Law Review

No abstract provided.

Religious Pluralism, Cultural Differences, And Social Stability In Nigeria, Rose C. Uzoma

BYU Law Review

No abstract provided.

The German Headscarf Debate, Axel Frhr. Von Campenhausen

BYU Law Review

No abstract provided.

Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith

San Diego International Law Journal

On August 30, 2002, the final decision was released in the case of United States-Tax Treatment for "Foreign Sales Corporations". The World Trade Organization arbitration panel report authorizes the European Communities to levy $4.043 billion in annual trade sanctions against imports from the United States because of a provision in the U.S. tax code. "The FSC Repeal and Extraterritorial Income Exclusion Act of 2000", the most recent of 40 years worth of half-hearted attempts by the United States to comply with world trading body regulations, is the current offender. According to the arbitration panel, the act subsidizes foreign sales by …

The Rise Of The Code Of Conduct In Japan: Legal Analysis And Prospect, Koji Ishikawa

ExpressO

A code of conduct is a set of rules adopted by transnational corporations (“TNCs”) to regulate mainly working conditions and the management of contract factories. TNCs adopted codes of conduct to cope with the rising criticisms from the public in late 1980s and 1990s about unfair labor practices in contract factories in Third World countries. As the globalization of the economy progressed, like American TNCs, Japanese TNCs also transferred their production bases to developing countries like China, Vietnam, Malaysia and Indonesia in search of low wage labor. The development of a code of conduct in Japan is, however, quite different …

Globalization: Panacea For The World Or Conquistador Of International Law And Statehood?, Aaron J. Lodge

ExpressO

Recent powerful occurrences have led to an unprecedented world wide move in the direction of globalization. Globalization involves eliminating trade barriers, exchanging products and services across national borders, and the emergence of truly global corporations. Governments have embraced globalization in hopes of building stronger economies, creating jobs, and providing increased services and products. Debate has centered on the effect of globalization on sovereignty and the effect on individuals. However, the effect of globalization on international law has been largely ignored.

Today, international law—in the form of free trade agreements—enables the globalization process to occur faster than ever before. This article …

Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright And Competition Laws, Daniel J. Gifford

ExpressO

Abstract: This paper examines a number of government policies related to competition or intellectual property and affecting innovation for their welfare effects. Its premise is that the enhancement of social welfare is included among the purposes of competition and intellectual-property laws. It also assumes that innovation is a major contribution to long-run welfare. The paper then considers whether the policy initiatives under review furthered that purpose. First it considers U.S. and Canadian legislation designed to promote the entry of generic pharmaceutical products into the market and the response (or lack thereof) of both governments to the issue of regulatory delay …

The United States Constitution's First Amendment Vs. The Canadian Charter Of Rights And Freedoms: A Comparative Analysis Of Obscenity And Pornography As Forms Of Expression, Justin A. Giordano

North Carolina Central Law Review

No abstract provided.

The New Japanese Law Schools: Putting The Professional Into Legal Education, James R. Maxeiner, Keiichi Yamanaka

Washington International Law Journal

In April 2004, more than sixty law schools began operation in Japan. Legal education, previously treated as a combination of undergraduate education in law and extra-university training in professional skills, will now be concentrated in new professional law schools. The reforms of Japanese legal education are intended both to produce more attorneys in a nation that has a shortage of legally trained professionals, and to help increase the role of law in Japanese society generally. In order for Japan's new law schools to achieve their educational objectives, they must successfully address a host of conceptual, pedagogical and organizational challenges. Foremost …

The Central Case Approach To Human Rights: Its Universal Application And The Singapore Example, Tai-Heng Cheng

Washington International Law Journal

Human rights situations are often analyzed and described in binary terms, that is, whether rights have been violated or upheld. This Article argues that it is more meaningful to measure human rights situations in terms of deviations from a central case of key characteristics, and to understand the subtle interplay of social, political, and economic vectors that cause such deviations. Using Singapore as a case study, this Article demonstrates that in any State the real human rights situation revealed by central case analysis can be dramatically different than the traditional binary assessment of that situation. The Article concludes by showing …

Russian Draft Law On Special Economic Zones—A Step Forward, But Not Far Enough, Valentin A. Povarchuk

Washington International Law Journal

The situation in the Russian Far East epitomizes the acute need for economic reform and development in Russia. The region boasts an enormous wealth of metals, oil, gas, coal, timber, and marine resources, but has long suffered from excessive dependence on the central government's administration and its accompanying historical neglect. Taking a cue from China's successful use of special economic zones as a means to encourage economic reform, some Russian policy-makers have proposed special economic zones as a means to encourage development. Russia's early laws establishing special economic zones, however, did not produce self-sustaining results due to a lack of …

Shielding Children: The European Way, Michael D. Birnhack, Jacob H. Rowbottom

Chicago-Kent Law Review

The Internet crosses physical borders, and carries with it both its promises and its harms to many different countries and societies. These countries thus share the same technology, but they do not necessarily share the same set of values or legal system. This Article compares the legal response in the United States and in Europe to one important issue: the exposure of children to certain materials, which are deemed harmful to them but not harmful to adults.

This US-European comparison, in which the experience in the United Kingdom serves as a leading example, illustrates the traits of various kinds of …

Form Versus Substance: A Comparison Of Brazil's Tax System To The Tax System Of The United States Of America, Roberto Greco De Souza Ferreira

University of Miami Inter-American Law Review

No abstract provided.