Comparative and Foreign Law Commons^™

Introduction: Hispanismo As Leverage: Latcrit Questions Spain's Motives, Angelia Padin

University of Miami International and Comparative Law Review

No abstract provided.

Lessons From The Ngo Campaign Against The Second Review Of The World Bank Inspection Panel: A Participant's Perspective, Daniel D. Bradlow

ILSA Journal of International & Comparative Law

This case study of the Non-Governmental Organization (NGO) campaign against the second review of the World Bank's Inspection Panel is intended as an example of the impact international civil society can have on international financial institutions (IFIs).

New Legislation In Germany Concerning Same-Sex Unions, Stephen Ross Levitt

ILSA Journal of International & Comparative Law

Various forms of legal recognition have been given to same-sex spousal relations in many nations of the European Union.

The International Criminal Tribunals: Crime And Punishment In The International Arena, Gabrielle Kirk Mcdonald

ILSA Journal of International & Comparative Law

The International Criminal Tribunals for the former Yugoslavia and for Rwanda have come a long way since their establishment in 1993 and 1994, respectively.

Civil Society At The Wto: The Illusion Of Inclusion?, Jeffrey L. Dunoff

ILSA Journal of International & Comparative Law

In this brief essay, I want to link our panel's focus on civil society-and related issues of inclusion and participation-with the broader conference theme of international law and organizations as we enter the 21st century.

Hak Wanita Dalam Undang-Undang Keluarga Islam Di Brunei, Masnon Ibrahim

Student Works (2000-2009)

In Islamic Law the rights and position of women (specifically, the wives) have been determined in different areas including acts of devotion and the association between husband and wife in matrimonial affairs. This research attempts to discuss the provision and the implementation of Islamic Family Law in Brunei by focusing the research on the rights and position of women in the Act. The study specifically focuses on the provision and implementation of Islamic Family Law in relationship to Islamic Law. This study has performed with discussion on the effect of the contradictions in the implementation of the provision of laws …

A Journey Of Two Countries: A Comparative Study Of The Death Penalty In Israel And South Africa, Michelle M. Sharoni

UC Law SF International Law Review

The death penalty remains a complex and controversial topic in many countries all around the world. Israel and South Africa have traveled along diverse and fascinating paths in deciding whether the death penalty is constitutional. This Note examines the history of the death penalty in Israel and South Africa, emphasizing the process of its abolition.

This Note reviews the sources of Hebrew law, the history of the death penalty in Israel and the Jewish legal system. It addresses the history of the death penalty in South Africa, from the period of the early settlers up to a recent unanimous decision …

The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham

UC Law SF International Law Review

International football is the world's most popular team sport. As often as the global football community exults in worldwide camaraderie, its image is scarred by the inexplicably violent behavior of its supporters.

This Note examines English efforts to curb hooliganism through recently-enacted legislation. The anti-hooligan laws are analyzed in light of the protections guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the U.S. Constitution. This Note concludes that English hooligan laws violate Article 7 of the European Convention and the ex post facto clause of the U.S. Constitution.

Compulsory Licensing Of Pharmaceuticals Under Trips: What Standard Of Compensation, Susan Vastano Vaughan

UC Law SF International Law Review

Harmonization of international intellectual property laws has been the object of considerable recent effort under both public international law and international trade law. The GATT Uruguay Round Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) resulted in significant steps toward harmonization. The proper application of compulsory licensing of patents under TRIPS has been the subject of much early debate. Proposed standards of compensation have been wildly divergent, reflecting the conflicting policy concerns of developed and developing nations.

This Note provides an overview of the conflict between developed and developing nations over the proper reach of intellectual property rights. It then …

A First Look At The Interim Merits Award In S.D. Myers, Inc. V. Canada: It Is Possible To Balance Legitimate Environmental Concerns With Investment Protection, Todd Weiler

UC Law SF International Law Review

This Article is a response to Joseph de Pencier's paper Investment, Environment and Dispute Settlement: Arbitration Under NAFTA Chapter Eleven in issue 23:3-4 of this journal. This reply is based upon the author's experience as counsel for the investor in S.D. Myers, Inc. v. Canada (Myers) and similar cases.

This Article provides a critical commentary on various elements of Mr. de Pencier's paper that deal with the Myers claim. It provides some tentative suggestions on how the substantive provisions of NAFTA Chapter 11 might be interpreted in future cases where investment protection and environmental protection appear to be at odds.

Ryousai Kenbo Revisited: The Future Of Gender Equality In Japan After The 1997 Equal Employment Opportunity Law, Robert Larsen

UC Law SF International Law Review

In 1985 amid international and domestic pressure, Japan enacted the Equal Employment Opportunity Law (EEOL). Many viewed it as an era of change, one that would see Japanese women rise to equality with male co-workers. However, equal employment never materialized. Historical context and the experience of the 1985 EEOL provide insights into the future of gender equality in Japan.

This Note provides a brief description of the Japanese corporate world and a historical context of women in Japanese society. It identifies pressures, both domestic and international, that Japan faced prior to 1985 that led up to the EEOL. The 1985 …

The Internet Content Rating Association: The Way To Patrol The Internet Highway, Carrie Lam

UC Law SF International Law Review

The Internet makes information easily accessible and allows people all over the world to research and telecommute from the comforts of their own homes. However, such unlimited access is a double-edged sword. Problematic information that is accessible to anyone with a computer and a modem, such as sexually explicit material, can also be found on the Internet.

This Note examines the conflict between protecting children online and protecting free speech. A comparison is made between the United States' attempts at solutions through the Communications Decency Act and the Child Online Protection Act, and the new international and self-regulatory approach of …

The Socialist Republic Of Vietnam's Labor Code: Looking Beyond The Printed Papers, Johnny Vinh Phan

UC Law SF International Law Review

The Vietnamese government's anxiety and fear of foreign involvement within its borders can be traced back to its history of foreign domination. Many generations of Vietnamese endured continuous warfare to obtain Vietnam's current independence.

This Note walks through Vietnam's economic changes over the past fifteen years. It describes Vietnam's Labor Code, and analyzes the Vietnamese legal system's shortcomings in protecting workers from exploitation by multinational corporations. The Note then identifies possible explanations and solutions to some of the problems, and concludes with an overview of doi moi ("new economic thinking").

Clearly Canadian? Hill V. Colorado And Free Speech Balancing In The United States And Canada, 28 Hastings Const. L.Q. 187 (2001), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This Article analyzes the different modes in which two facially similar adversarial systems remedy wrongful convictions. Part I briefly examines the origins of wrongful convictions in both England and the United States. Part II describes the appellate processes in the two countries for correcting wrongful convictions. Part III addresses the processes for correcting wrongful convictions after the appellate processes have been completed. Part IV critiques the English process and examines whether aspects of that process may be carried over to the United States.

U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez

Scholarly Articles

This article will focus on a narrow aspect of the larger question of the effect of international economic integration and increased international security on the national legal order of complex states, such as the United States and Spain. At first glance, the United States and Spain have rather different systems of constitutional law concerning the relationship between the center and periphery. Nonetheless, as this article will argue, it is revealing to explore the recent responses of theories as different as U.S. federalism and Spain's system of autonomous communities to the new international environment in the crucial area of the external …

Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

Transatlantic Perspectives On Partnership Law: Risk And Instability, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Roman

University of Miami International and Comparative Law Review

No abstract provided.

Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem?, Lundy Langston

University of Miami International and Comparative Law Review

No abstract provided.

Postcolonial Encounters In The Postpinochet Era: A Latcrit Perspective On Spain, Latinas/Os And "Hispanismo" In The Development Of International Human Rights, Francisco Valdes

University of Miami International and Comparative Law Review

No abstract provided.

Student Article: The Chinese Legal System Made Easy: A Survey Of The Structure Of Government, Creation Of Legislation, And The Judicial System Under The Constitution And Major Statutes Of The Prc, Marc Rosenberg

University of Miami International and Comparative Law Review

No abstract provided.

Jurisdicción Universal Y Crimenes Internacionales, Magdalena María Martin Martínez

University of Miami International and Comparative Law Review

No abstract provided.

A Property Theory Perspective On Russian Enterprise Reform, Michael Heller

Book Chapters

Why have Russian enterprises performed so poorly since privatization? This is a problem with many answers, each independently sufficient: the bleak mix includes vacillating macroeconomic policy, endemic corruption, a corrosive tax structure, poor human capital, and so forth. Even well-performing companies must hide good results because visible profits or dividends provoke confiscatory taxation and mafia visits. In such a difficult environment, the rule of law generally, and corporate governance in particular, may seem not to count. Macroeconomic implosions dwarf subtle distinctions in corporate dividend rules or minority voting rights.

Which Torts In Violation Of The Law Of Nations, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

Trouble Down Under: Some Thoughts On The Australian-American Corporate Bankruptcy Divide, 2001 Utah L. Rev. 189 (2001), Paul B. Lewis

UIC Law Open Access Faculty Scholarship

No abstract provided.

Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Pemerintahan Kerajaan Negeri Kelantan Dari Tahun 1990-1998, Mohd Ramizu Abdullah

Student Works (2000-2009)

The objective or this research is to discuss the Sadd al-Dhara'i doctrine; i.e. one of the many approaches adopted by Islamic legislative practitioners in determining rulings for cases which are not specifically expressed in the holy al-Qur'an and al-Hadith. In this paper, the writer also highlighted the different views of the ulama, Islamic scholars and advocates of the Islamic law in respect of the origin that form the basis of the Islamic legislation. The writer also include in this paper the foundation and the principles underlying Sadd al-Dhara'i doctrine is in conformity with the syara', the criteria that need to …

Hukum Bunuh Ke Atas Pengedar Dadah : Satu Analisis Berdasarkan Siasah Syar'iyyah, Wan Norhasniah Haji Wan Husin

Student Works (2000-2009)

This research is carried out to analyze the appropriateness of mandatory death penalty by hanging to drug trafficker based on siasah syar'iyyah. Firstly, a critical review was carried out regarding the definition, aim and methodology of siasah syar'iyyah. It is then followed by the survey on the provision of death penalty under category of ta'zir. In order to comprehend the significance of problem related to illicit drugs, statistical results on crimes associated with drug addict and drug trafficker are presented. This also includes the number of drug traffickers that had been hanged. All these information was obtained from National Drug …

Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye

LLM Theses and Essays

Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …