Comparative and Foreign Law Commons^™

Overhaul Of The Sdt Provisions In The Wto: Separating The Eligible From The Ineligible, Md. Rizwanul Islam

Pace International Law Review

The special and differential treatment (“SDT”) provisions have been a recurring feature in the agreements of the World Trade Organization (“WTO”) treaties. However, most analysts would probably agree that the many SDT provisions have been more aspirational than operational. Hence, there is little surprise that even a selective review of the WTO jurisprudence would demonstrate that the SDT provisions have, in most cases, not done enough for their intended beneficiaries. This paper will analyze the limitations of the SDT provisions with reference to the relevant WTO jurisprudence. It will seek to explore two potential avenues of endeavoring to make the …

Keberlakuan Klausula Security Exceptions Dalam Perjanjian Trade-Related Aspects Of Intellectual Property Rights (Trips) Di Masa Pandemi Covid-19, Daniel Nicholas Putra, Yetty Komalasari Dewi Ykd

Jurnal Hukum & Pembangunan

WTO commitments, particularly related to intellectual property rights in the TRIPS Agreement, could potentially hinder efforts to increase access to medicines and vaccines during the Covid-19 pandemic. In time of emergency, these commitments can be overridden using the WTO security exceptions clause. This article compares the WTO security exceptions to general exceptions in Article XX of the GATT 1994 and non-precluded measures in the Argentina-US BIT, India-Germany BIT, and India-Mauritius BIT, and analyses how the Covid-19 pandemic can be a valid reason to waive the obligations under the TRIPS Agreement using the security exceptions clause. In particular, this article discusses …

Perempuan Pekerja Migran Non-Reguler: Konflik Hukum Dalam Pengaturan Perdagangan Orang Dan Penyelundupan Orang, Sriwiyanti Eddyono

Jurnal Hukum & Pembangunan

This paper analyzes the extent to which Indonesian law regulates the position and protection of irregular women migrant workers and the implication of the arrangement of law for irregular women migrant workers who experience human trafficking and people smuggling. This paper follows up on field findings on human trafficking in the Kalimantan border which was carried out in 2018-2019. This paper finds that there are complications in the regulation on laws and regulations, related to the regulation of Irregular Migrant Workers. Even though the law which is based on international conventions explicitly regulates Non-Regular Migrant Workers (Migrant Workers Convention 1990) …

Eksistensi Perlindungan Paten Atas Vaksin Covid-19, Adzhani Tharifah, Agus Sardjono

Jurnal Hukum & Pembangunan

The Covid-19 vaccine is expected to be a solution to return to normal life. However, the need for vaccines that are global in nature raises several questions in the community, especially regarding the existence of patent protection. For this reason, this paper will answer these questions by discussing the patentability of the Covid-19 vaccine as well as how to implement patent protection in the midst of a pandemic and public concerns about limited access to vaccines. The research method used in the writing of this thesis is normative juridical with a qualitative approach where the data comes from literature studies …

Amicus Curiae Observations By Public International Law & Policy Group, Milena Sterio, Michael P. Scharf, Paul R. Williams

Law Faculty Briefs and Court Documents

The amicus brief argues that in a case where the defendant alleges a ground excluding criminal responsibility (an affirmative defense), such as mental illness or duress, the defendant has an evidentiary burden to produce some evidence to support his/her claim of mental illness or duress, but that the prosecution retains the legal burden of proof to establish the defendant's responsibility beyond reasonable doubt.

“This ruling will have repercussions for future cases where the defendant asserts a mental illness or duress affirmative defense. Depending on how the ICC decides, future defendants will have to meet a specific evidentiary (or legal) burden …

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Trick Or Treat? How A U.S. Patent Over A Method For Processing Sugarcane Wrongly Alarmed The Colombian Panela Industry, Carter Ostrowski

University of Cincinnati Law Review

No abstract provided.

Russia’S Constitutional Dictatorship: A Brief History, Cindy Skach

University of Miami International and Comparative Law Review

Why is the word impeachment so terrible? After all, if the Congress passed such a motion it would have no legal force. A popularly elected president could not be removed from power by the Congress, especially this Congress, which had long ago lost the people’s trust.¹

Voter Id: Combating Voter Fraud Or Disenfranchising? A Comprehensive Analysis Of Voter Id Laws, Native American Disenfranchisement, And Their Intersection, Will Hyland

University of Miami International and Comparative Law Review

This note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws’ effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many states have enacted voter ID laws in the years since, some of which have resulted in restrictive voting requirements that may result in disproportionately discriminatory voter disenfranchisement. This note willa first give a general overview of the complicated and convoluted recent development voter ID laws, a history …

Antonio Caballero: Conflicting U.S. Anti-Terrorism Law And U.S. International Bankruptcy Law, Jordan M. Zornes

University of Miami International and Comparative Law Review

Antonio Caballero sought retribution for his father’s kidnap and murder in the way Congress has made it possible: the American Court System. Caballero obtained a default monetary judgment against Colombian guerrilla forces, but as expected in collecting against a terrorist organization, it was an uphill battle. When finding attachable assets, Caballero must act fast, but in the present case, an international bankruptcy proceeding sought to thwart his legitimate efforts to satisfy his judgment. The question is: should Caballero win in “race to the courthouse” fashion, or does the international bankruptcy stay lead to an orderly distribution of assets? This note …

Legal Education Reform In Africa: Time To Revisit The Two-Tier Legal Education System, Okechukwu Oko

University of Miami International and Comparative Law Review

The two-tier legal education system has become increasingly ineffective by virtue of the evolution of changes in legal practice and Africa’s unique conditions and circumstances. The problem is rooted in the fact that some African countries adopted the two-tier legal education system on the assumption that what worked in Britain offered a prescription for success in Africa. However, the two-tier legal education system has been ineffective in Africa because the infrastructure—pupilage, apprenticeship, continuing legal education—that complements and anneals it is not widely available in Africa. Where these elements exist, they tend to be frail and unreliable. Africa’s urgent challenge is …

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román

University of Miami International and Comparative Law Review

“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”¹
President Donald Trump

“Thousands of criminal aliens. They’re pouring into our country.”²
President Donald Trump

“They’re not people, these are animals.”³
President Donald Trump

“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”⁴
President Donald Trump

“ [We] have millions and millions of people …

Falling Through The Cracks Of Education: A Comparative Analysis Of Canada’S And The United States’ Use Of Standardized Testing Within The Realm Of Public Education, Micaela Baldner

University of Miami International and Comparative Law Review

The education system is foundational to society. Public education is based on the concept of equal educational opportunities for all. Although the purpose of standardized testing is the elimination of bias to prevent certain segments of society’s students from receiving unfair academic advantages, there is little empirical verification that suggests that standardized testing actually achieves its intended purpose. In fact, the evidence indicates that standardized testing negatively impacts low-income, marginalized, and English-learning students, as achievement gaps for these groups have remained the same or have even grown with the increased use of such tests. This article will discuss the intended …

Fighting Against Black Money By Offering Amnesty For Economic Development In Bangladesh: A Stigma Can Never Be A Beauty Spot, S M. Solaiman

University of Miami International and Comparative Law Review

Black money is a global concern. However, black money has disproportionately affected Bangladesh. To combat the proliferation of black money in the country, successive governments of Bangladesh have offered amnesties to black money holders (BMHs) in contravention of the national Constitution, legislation, and international conventions. Nonetheless, responses to such incentives have been notably poor, mainly because the wrongdoers do not fear the superficial threat of law enforcement. This article examines the BMHs’ responses to amnesties so far and explains the substantial harm caused by such discriminatory favors, including increases in corruption, the price of real estate, money laundering, deposits by …

Does The Lack Of Binding Precedent In International Arbitration Affect Transparency In Arbitral Proceedings?, Emily F. Ariz

University of Miami International and Comparative Law Review

This note explores how the lack of binding precedent in both international commercial and investment arbitration affects transparency in arbitral proceedings. As arbitration increases in popularity, its deficiencies have become more apparent. The lack of binding precedent in arbitration is convenient in some ways, but problematic as it leaves arbitrators an immense amount of discretion when deciding cases. With many decisions unpublished to maintain confidentiality and those decisions that are published sometimes lack reasoning to support the award, transparency in arbitral proceedings is practically nonexistent. In recent years, there is a trend toward more transparency in certain types of arbitral …

Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman

FORCES Initiative: Strategy, Security, and Social Systems

This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."

Corporate Accountability In Transitional Justice: Reflections On An Ongoing Social Lab (Roundtable), Tatiana Devia, Avery Kelly, Kaushik Sunder Rajan

Biennial Conference: The Social Practice of Human Rights

This roundtable describes and reflects upon the Corporate Liability and Sustainable Peace (CLASP) Lab, a “social lab” convened to advance corporate accountability in post-conflict and transitional justice settings around the world. Launched in February 2021, the CLASP Lab is a virtual forum in three languages, bringing together more than 40 lawyers and community activists from 25 countries in Latin America, Africa and the Middle East to share experiences and devise strategies for holding corporations accountable for human rights violations, as part of processes of transitional justice.