Comparative and Foreign Law Commons^™

Korporasi Sebagai Pengemban Kewajiban Ham: Suatu Pencarian Legitimasi Dalam Hukum Internasional, Patricia Rinwigati Waagstein

Jurnal Hukum & Pembangunan

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Indonesia's Position Based On The Australian Asean New Zealand Free Trade Agreement And Its Impact From A Business La W Perspective, Ariawan Gunadi

Jurnal Hukum & Pembangunan

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Constitutional Question (Menyoal Konstltusjonalitas Pasal Tentang Pengemis Kuhp Pasal 504 Ayat (1) Dan (2)), Isrok Isrok

Jurnal Hukum & Pembangunan

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The Necessity Of Capacity Building For Indonesia's Effective Utilization Of Wto Dispute Settlement Mechanism: Implementation Of Gait Article Xx For Trade And Environment Issues, Windu Kisworo

Jurnal Hukum & Pembangunan

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Peran Badan Pemeriksa Keuangan Dalam Sistem Ketatanegaraan Indonesia, Ujang Bahar

Jurnal Hukum & Pembangunan

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Norma Kesusilaan Sebagai Batasan Pornografi Menurut Undang-Undang No. 44 Tahun 2008, Hwian Christianto

Jurnal Hukum & Pembangunan

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Investigasi Pendek Atas Kesejarahan Teori Hukum, Selaku Disiplin Yang Mengemban Misi Teoretikal Bidang Hukum, Rahadjeng Endah Ks.

Jurnal Hukum & Pembangunan

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Reining In The Patent Troll: Lessons The United States Can Learn From Its Northern Neighbors, Megan Petras

Loyola of Los Angeles International and Comparative Law Review

In patent law, non-practicing entities (NPEs) are patent holders who do not practice their patented invention. In recent years, there has been concern over a particular type of NPE, the patent troll. Patent trolls are said to harm innovation because they do not come up with any new ideas themselves, but instead buy up patents cheaply, find potential infringers, and threaten litigation to receive large settlements or damage awards. Interestingly, the patent troll problem is considered to be primarily a problem in the United States. While comparisons have been made between the existence of patent trolls in the European Un-ion …

International Human Rights Law And Extrajudicial, Summary Or Arbitrary Execution In Africa, John Mukum Mbaku

Loyola of Los Angeles International and Comparative Law Review

International and regional human rights instruments, as well as the laws of many countries, including those in Africa, consider the right to life to be a very important and fundamental human right. Human rights defenders believe that without this right, individuals cannot enjoy or realize the other rights and fundamental freedoms that are guaranteed by and enshrined in international and regional human rights instruments, as well as in many national constitutions. However, despite the protections granted to the right to life by both international and domestic laws, it remains threatened by many individuals and groups. Threats to the right to …

Rodríguez Pacheco Et Al. V. Venezuela, Katrina Karaguzian

Loyola of Los Angeles International and Comparative Law Review

This case is about medical malpractice and the failure of the State to provide justice to the victim. The Court found Venezuela in violation of several articles of the American Convention, including Article 26.

Active Memory Civil Association Vs. Argentina, Kamila Knaudt

Loyola of Los Angeles International and Comparative Law Review

This case is about the botched investigation of the bombing of the building hosting the Asociación Mutual Israelita Argentina, (AMIA) in Buenos Aires, Argentina. The State admitted responsibility for the faulty investigation, which took more than twenty years, and the Court found Argentina in violation of several articles of the American Convention.

Córdoba V. Paraguay, Madeline Prokop

Loyola of Los Angeles International and Comparative Law Review

This case is about the abduction in Argentina of a minor by a parent. The child was taken to Paraguay without the father’s consent. It took more than nine years for Paraguay to return the child to Argentina. The Court found Paraguay in violation of several articles of the American Convention for the prolonged return proceedings.

Honorato Et Al. V. Brazil, David Randall

Loyola of Los Angeles International and Comparative Law Review

This case is about the extrajudicial killing during a staged ambush of a group of suspected members of a crime syndicate. The Court found Brazil in violation of several articles of the American Convention.

The Continuum Of Contractual Commitment, David Snyder

Scholarly Articles in Law Reviews & Journals

Contracts frequently call for one or more differentiated levels of contractual commitment. Although contractual liability in the common law is said to be strict liability, and a claim that a good attempt was made is said to be no defense, often a party promises only to try. Contract theory in the United States struggles with departures from the paradigm of strict liability, and it has failed to fully consider the continuum of contractual commitment. To encompass the range of assent-based commitment and its consequent liability, U.S. contract theory needs to distinguish more clearly between (1) promises to try, which do …

Kebijakan Pertanahan Dalam Undang-Undang Nomor 25 Tahun 2007 Tentang Penanaman Modal, Arie S. Hutagalung

Jurnal Hukum & Pembangunan

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Praktek Pembebanan Dan Pelaksanaan Eksekusi Hak Tanggungan Di Indonesia, Prof. Ny. Arie S. Hutagalung

Jurnal Hukum & Pembangunan

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Budaya Malu, Budaya Salah, Dan Budaya Hukum, Mura P. Hutagalung

Jurnal Hukum & Pembangunan

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The Decision Of The Inter-American Court Of Human Rights In The Case Of Angulo Losada V. Bolivia: A Catalyst For The Rights Of Girls And Victims Of Sexual Violence, Brisa De Angulo, Rosa Celorio, Bárbara Jiménez-Santiago, Rosemarie Hidalgo, Carolina Perez

University of Miami International and Comparative Law Review

The Inter-American Court of Human Rights issued its judgment in the case of Angulo Losada v. Boliviaon November 18, 2022, finding that the country of Bolivia violated the human rights of a victim of sexual violence by failing to thoroughly and promptly investigate, prosecute, and sanction a case of incestuous sexual violence against an adolescent girl by an older male relative. The Court advanced an enhanced due diligence standard, establishing that an intersectional gender and child-rights perspective needs to guide the judicial processing of cases of sexual violence against children and adolescents. The Court set critical legal standards for …

Tools Of Genocide: Forced Assimilation In Canada, Dr. Pamela Palmater, Zoë Craig-Sparrow

University of Miami International and Comparative Law Review

Since colonization, the core objective of Canada’s Indian policy was to “get rid of the Indian problem”. To accomplish this, Canada has engaged in the forced assimilation of Indians (First Nations), with targeted and disproportionate impacts on First Nations women and girls resulting in grave human rights violations. Drawing on international human rights laws and standards (such as the Convention on the Elimination of All Forms of Discrimination Against Women and the United Nations Declaration on the Rights of Indigenous Peoples); numerous inquiries and commissions (Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and …

Crossing Borders: The U.S. And Canadian Adoption Of The Wagner Act And The Limits Of U.S. Preemption, Grace Winkeljohn

University of Miami International and Comparative Law Review

Labor law refers to the regulation of the relationship between employees and their employers. The main principle of labor law protection is the employees’ right to collectively bargain. This principle has served as a cornerstone of industrialized society since the beginning of the twentieth century, helping increase workplace equality. A comparison of labor laws in the United States and Canada offers a unique perspective, as these two North American countries share an almost identical foundation that has evolved in distinct ways over time. A strong distinction between the two systems is the adopted doctrine of preemption by the U.S., leaving …