Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 9241 - 9270 of 13817

Full-Text Articles in Comparative and Foreign Law

Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans Jan 2003

Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans

Human Rights Brief

No abstract provided.

Go to article

Criminalizing Dowry Deaths: The Indian Experience, Judith G. Greenberg Jan 2003

Criminalizing Dowry Deaths: The Indian Experience, Judith G. Greenberg

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Keiken, Tayōsei, Soshite Hō [Experience, Diversity, And The Law], Daniel H. Foote Jan 2003

Keiken, Tayōsei, Soshite Hō [Experience, Diversity, And The Law], Daniel H. Foote

Chapters in Books

This essay was published in 2003, in Japanese, as my contribution to a tribute volume honoring Nozaki Ayako, a Ph.D. candidate at The University of Tokyo who passed away suddenly earlier that year. In an article she published in 1999, Nozaki had offered a thoughtful, perceptive critique of an article I had published four years before, dealing with the resolution of traffic accident disputes in Japan. Her article led me to reflect on the reasons for the difference in our views; and that in turn led to this essay. As indicated in the title, two key themes of this essay …

Go to article

United Kingdom And United States Responses To The Regulatory Challenges Of Modern Financial Markets, Heidi Mandanis Schooner Jan 2003

United Kingdom And United States Responses To The Regulatory Challenges Of Modern Financial Markets, Heidi Mandanis Schooner

Scholarly Articles

The modernization of world financial markets over the last 20 years has raised profound regulatory challenges. Our article considers whether the United States' Gramm-Leach-Bliley Act of 1999 (GLB) and the United Kingdom's Financial Services and Markets Act 2000 (FSMA) meet those challenges. We posit that the most compelling regulatory issue is not whether the financial industry should be allowed to consolidate. Rather, we believe that the organization and practices of the regulators, i.e., the question of which agencies regulate which firms and under what set of laws, should be the focal point. We call this an issue of regulatory modernization. …

Go to article

Researching English Case Law, Stephen E. Young Jan 2003

Researching English Case Law, Stephen E. Young

Scholarly Articles

No abstract provided.

Go to article

Trading In Human Misery: A Human Rights Perspective On The Tampa Incident, Irene Khan Jan 2003

Trading In Human Misery: A Human Rights Perspective On The Tampa Incident, Irene Khan

Washington International Law Journal

The Tampa case does not stand in isolation. It is part of a wider pattern of restrictive asylum policies. To fully understand the significance of the Tampa case, one should go back more than two decades to the exodus of the Vietnamese boat people. Then, as now, boatloads of asylum seekers were pushed away, and refugees were detained on small islands, including, for example, Galang Island in Indonesia. Then, as now, many asylum seekers drowned as their calls of distress went unnoticed or unheeded. In response to this exodus, asylum, as a permanent solution to refugee problems, was diminished with …

Go to article

Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill Jan 2003

Refugees And Responsibility In The Twenty-First Century: More Lessons Learned From The South Pacific, Guy S. Goodwin-Gill

Washington International Law Journal

[G]overnments throughout the world have tried to avoid dealing with the difficult questions raised by refugee and related movements. One method is to seek to redefine the problem as one not involving obligation or responsibility. Some governments also use the law in an attempt to limit the scope of their obligations. Another technique . . . is to engage in an exercise of extra-territorial jurisdiction . . . and to seek to justify that practice on the ground that somehow obligations towards refugees need not be observed. States have also tried detention, discriminatory treatment, and denial of other human rights …

Go to article

Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong Jan 2003

Protection Of Artists' Rights Under The Korean Copyright Law, Chung Hwan Choi, Minsu Kyeong

Washington International Law Journal

The term "artists" includes film, television ("TV"), stage, and musical actors and actresses ("actors"), pop singers and musicians, dancers, fashion models, and classical musicians. Although the same analysis can be applied to all of the categories above mentioned, this article solely focuses on pop singers and actors. The Copyright Act of Korea ("Copyright Act") defines Siryun ("public performance") as the entertainment activities of artists, and uses Siryunja ("performer") instead of "entertainer" as a legal term for artists.

Go to article

The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee Jan 2003

The Failure Of Domestic And International Mechanisms To Redress The Harmful Effects Of Australian Immigration Detention, Adrienne D. Mcentee

Washington International Law Journal

Australia's Migration Act explicitly permits the government to detain non-citizens seeking entry without visas, including those who request asylum. Detainees wait up to five years for their immigration claims to be processed in detention centers managed by Australasian Correctional Management ("ACM"), a subsidiary of U.S. corporation Wackenhut Corrections. Arriving asylum-seekers often suffer the lasting effects of torture, threats of death, and other traumatic conditions-effects that are exacerbated by detention conditions. This Comment emphasizes detention's effects on children, who suffer health and other problems while detained. Detainees, Australian citizens, and overseas commentators are now protesting against the detention policy. The government's …

Go to article

Is It The Beginning Of The Era Of The Rule Of The Constitution? Reinterpreting China's "First Constitutional Case, Shen Kui, Yuping Liu Jan 2003

Is It The Beginning Of The Era Of The Rule Of The Constitution? Reinterpreting China's "First Constitutional Case, Shen Kui, Yuping Liu

Washington International Law Journal

The subject of this article is the so-called "first constitutional case" in China. The Qi Yuling case is, in a sense, the very first time since the foundation of the People's Republic of China that constitutional provisions have been directly invoked by the Supreme People's Court in a civil lawsuit to protect a citizen's right to receive education, one of the fundamental rights protected by the Constitution. The Qi Yuling case, therefore, has given rise to much discussion on issues of judicial interpretation of the Constitution and the Constitution's application in the private domain, as well as the institution of …

Go to article

The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff Jan 2003

The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff

Northwestern Journal of International Law & Business

In the context of company law, the term "ultra vires" is normally used to describe acts that are beyond the scope of the powers of a corporation. Rules concerning ultra vires acts of companies have changed in recent years in mainland China, Taiwan and the Hong Kong Special Administrative Region ("Hong Kong"). It appears that in all of these parts of Greater China, the legal frameworks are now rather similar to each other and seem to resemble the rules that are applied in the Macau Special Administrative Region ("Macau"). This, of course, provokes questions: what are the reasons for these …

Go to article

The International Art Auction Industry: Has Competition Tarnished Its Finish, Brenna Adler Jan 2003

The International Art Auction Industry: Has Competition Tarnished Its Finish, Brenna Adler

Northwestern Journal of International Law & Business

I argue that a stronger, more cohesive international regulation specially tailored to the auction industry is required in order to keep auction houses from committing unlawful behavior. Auction houses should not be considered merely businesses. Rather, special regulations are needed--regulations that take into account the unique goods that auction houses sell. Part I of this comment will describe auctioneers' duties to sellers under the law. I will compare and contrast the laws of the United States, the Netherlands, and France and focus on an American case that discusses the breach of an auctioneer's duty to the seller. Part II will …

Go to article

Crackdown On Money Laundering: A Comparative Analysis Of The Feasibility And Effectiveness Of Domestic And Multilateral Policy Reforms, Kathleen A. Lacey, Barbara Crutchfield George Jan 2003

Crackdown On Money Laundering: A Comparative Analysis Of The Feasibility And Effectiveness Of Domestic And Multilateral Policy Reforms, Kathleen A. Lacey, Barbara Crutchfield George

Northwestern Journal of International Law & Business

This is a uniquely opportune time for anti-money laundering initiatives and policy reform to occur. Since the terrorist attacks in the United States in September, 2001, security agencies throughout the world have rushed to follow leads that may prove that Osama bin Laden financed the attack with massive amounts of laundered money. Greater awareness of the harmful effects of money laundering, and public and governmental concerns regarding reverse-money laundering by terrorists, has resulted in a surge of attention directed toward anti-money laundering efforts. Consequently, financial institutions are under increasing pressure to comply with existing anti-money laundering regulations by implementing internal …

Go to article

Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii Jan 2003

Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii

Richmond Journal of Global Law & Business

The elevation of law over politics is very new in China and the extent to which it is to be taken seriously is not always clear to the Chinese involved. The Chinese official and the Chinese citizen are part of a political structure in which the Party’s will and policies have been the most effective law… Laws and regulations have to be understood in this wider context of a society in which the formal legal position is only one consideration and still often not the most important.

Go to article

Envisioning A Global Legal Culture, Charles H. Koch Jr. Jan 2003

Envisioning A Global Legal Culture, Charles H. Koch Jr.

Michigan Journal of International Law

To encourage all, but particularly U.S., lawyers to think about transformation of the law, this Article will envision a global legal regime. The purpose is more reflective than predictive. Nominally, the Article has three parts. The first Part offers an overview description of the emerging supranational legal institutions and the major forces moving them. The next Part will outline civil law legal concepts and provide background for common law readers. To further the goal of this Article, it will do so as it suggests some issues that will arise as the civil law system is incorporated into the global legal …

Go to article

Rebuilding Accountability In The Boardroom, Stephen M. Davis Jan 2003

Rebuilding Accountability In The Boardroom, Stephen M. Davis

Richmond Journal of Global Law & Business

No abstract provided.

Go to article

Introduction To The Refugee Law Forum, Joan Fitzpatrick Jan 2003

Introduction To The Refugee Law Forum, Joan Fitzpatrick

Washington International Law Journal

The ripple effects on refugee protection from the events of August and September 2001, arising out of the rescue at sea of 433 asylum seekers by the M/V Tampa, have been substantial. It is too early to determine whether they will be as profound and as corrosive as the impact of the terrorist attacks of September 11, 2001 on other intemational legal norms, including those relating to preventive detention and to "securitizing international migration."' Australia's actions with respect to the Tampa and subsequent intercepted vessels, and its September 2001 legislation, establish a framework in which asylum seekers who arrive …

Go to article

Introduction To The Maritime Law Forum, Craig H. Allen Jan 2003

Introduction To The Maritime Law Forum, Craig H. Allen

Washington International Law Journal

The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the …

Go to article

Isla Panel Oct. 18, 2003, At Loyola University New Orleans-Panel On History Of International Tribunals Prior To Nuremberg: Selective History Of International Tribunals And Efforts Prior To Nuremberg, Jordan J. Paust Jan 2003

Isla Panel Oct. 18, 2003, At Loyola University New Orleans-Panel On History Of International Tribunals Prior To Nuremberg: Selective History Of International Tribunals And Efforts Prior To Nuremberg, Jordan J. Paust

ILSA Journal of International & Comparative Law

The history of attempts to create international criminal tribunals for prose- cution of international crimes includes attention to the responsibility of heads of state, other public officials, and private persons for violations of treaties and customary international law and, thus, nonimmunity of heads of state and other governmental actors.

Go to article

International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice", Abraham B. Krieger Jan 2003

International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice", Abraham B. Krieger

ILSA Journal of International & Comparative Law

I first wish to thank Prof. Nunes, Director of the Institute on the Holocaust and the Law and Moderator of this panel, for the opportunity to serve on this distinguished panel.

Go to article

Taxonomies Of International Peacekeeping: An Alternative Narrative, Ralph Wilde Jan 2003

Taxonomies Of International Peacekeeping: An Alternative Narrative, Ralph Wilde

ILSA Journal of International & Comparative Law

The taxonomies of "peacekeeping" utilized within academic and policy discourse provide a framework for comparison across (usually United Nations -conducted) peace operations.

Go to article

Teaching International Law To Undergraduates And Other Non-Legal Audiences: Practical Suggestions For Pedagogical Approaches, Howard S. Schiffman Jan 2003

Teaching International Law To Undergraduates And Other Non-Legal Audiences: Practical Suggestions For Pedagogical Approaches, Howard S. Schiffman

ILSA Journal of International & Comparative Law

Unquestionably, there is growing interest in the subject of international law at several educational levels and among a broad constituency of students. This is due to a variety of factors.

Go to article

Dissecting The Lawfulness Of United States Foreign Policy: Classroom Debates As Pedagogical Devices, Christopher C. Joyner Jan 2003

Dissecting The Lawfulness Of United States Foreign Policy: Classroom Debates As Pedagogical Devices, Christopher C. Joyner

ILSA Journal of International & Comparative Law

Simulations can be used as educational exercises that enable students in the classroom to appreciate better the difficulties and nuances of legal issues affecting international relations.

Go to article

A Semiotic Approach To A Legal Definition Of Terrorism, Susan Tiefenbrun Jan 2003

A Semiotic Approach To A Legal Definition Of Terrorism, Susan Tiefenbrun

ILSA Journal of International & Comparative Law

It is hard to believe that a word like "terrorism," which is used so frequently these days in different contexts and in casual, colloquial, political, and legal discourses, does not have a universally-accepted definition.'

Go to article

A New Liberal Trade Policy Foundation, Hal S. Shapiro Jan 2003

A New Liberal Trade Policy Foundation, Hal S. Shapiro

ILSA Journal of International & Comparative Law

With the enactment of Trade Promotion Authority legislation in August of 2002' and a lackluster performance by Democrats in the November elections that followed, 2 a profound question looms over the left wing of the American body politic, a question that has attracted all too little attention to date: Has the time come for a new liberal approach to international trade and globalization?

Go to article

How Can We Really Protect National Security?, Curtis F. Doebbler Jan 2003

How Can We Really Protect National Security?, Curtis F. Doebbler

ILSA Journal of International & Comparative Law

National Security has been defined in a variety of ways. According to some scientists, the prevention of AIDS is a matter of national security.

Go to article

Agencies For Purposes Of Section 911 Of The Internal Revenue Code: The Foreign Earned Income Exclusion Survives 2003 Controversial Proposal To Repeal, Jorge L. Riera Jan 2003

Agencies For Purposes Of Section 911 Of The Internal Revenue Code: The Foreign Earned Income Exclusion Survives 2003 Controversial Proposal To Repeal, Jorge L. Riera

ILSA Journal of International & Comparative Law

The United States, for over three-quarters of a century, has maintained a foreign trade policy concerning American citizens working abroad that provides for the foreign earned income exclusion.

Go to article

King Arthur In A Yankee Court: The United States Supreme Court's Use Of European Law In Lawrence V. Texas, J. Andrew Atkinson Jan 2003

King Arthur In A Yankee Court: The United States Supreme Court's Use Of European Law In Lawrence V. Texas, J. Andrew Atkinson

ILSA Journal of International & Comparative Law

In July 2003, the United States Supreme Court ruled in a six to three decision' that a state statute proscribing "deviate sexual intercourse with another individual of the same sex ' 2 violated the United States Constitution.

Go to article

A Model War Crimes Court: Sierra Leone, Nancy Kaymar Stafford Jan 2003

A Model War Crimes Court: Sierra Leone, Nancy Kaymar Stafford

ILSA Journal of International & Comparative Law

Is it possible that the perpetrators of an atrocity so heinous it was code- named "Spare No Living Thing" could not be brought to justice? The Govern- ment of Sierra Leone said no!

Go to article

2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice, Moirah Sanchez, Carlos Hurtado, Anneliese Fleckenstein, Jose Gregorio Rojas Jan 2003

2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice, Moirah Sanchez, Carlos Hurtado, Anneliese Fleckenstein, Jose Gregorio Rojas

ILSA Journal of International & Comparative Law

This dispute arises from the Dysfuntian civil war between Restonian and Cascadian militias, resulting in the creation of Reston (Respondent)-a developing State-and Cascadia (not party to the case).

Go to article

First Prev Next Last