Comparative and Foreign Law Commons^™

Compensatory Damages Granted In Personal Injuries: Supplementing Islamic Jurisprudence With Elements Of Common Law, Majed Alshaibani

Maurer Theses and Dissertations

This dissertation discusses the types of compensatory damages, monetary and non-monetary losses, granted in Saudi Arabian personal injury cases. The main issue of this paper is to determine the missing types of monetary and nonmonetary losses when estimating compensation, thereby unjustly leaving injured parties without fair compensation. The problem of this study is that some victims do not get compensation personal injuries claims, such as loss of wages, lost earning capacity, and emotional distress. This is due to many reasons. One of the most obvious reasons is the absence of clearly written personal injuries statutes that cover all types of …

Cfius In The Age Of Chinese Investment, Patrick Griffin

Fordham Law Review

As China’s economy has developed, its companies, both state-owned and privately held, have moved to expand their operations in the United States to the point where many now seek to invest in—and on occasion, acquire—U.S. counterparts. This trend has set off alarm bells over fears that China’s unique political and economic system, which gives the state extensive influence over all corporations regardless of their ownership structure, renders such transactions national security threats. Recent hostility toward Chinese-led inbound investment is not a new trend; Congress has attempted to assert itself into the screening process undertaken by the Committee on Foreign Investment …

A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli

Research Collection Yong Pung How School Of Law

This Essay highlights the importance of comparative legal analysis with particular emphasis on the role that this methodology could play for intellectual property scholarship in the United States. In particular, the theme of this Symposium aims at addressing “values,” “questions,” and “methods” in intellectual property law. In line with this theme, this Essay would like to make the case that comparative legal analysis could play a more prominent role as a scholarly methodology in the U.S. legal academy in the field of intellectual property. In turn, this could have a relevant impact on the questions addressed by scholars and provide …

Speaking Law: Towards A Nuanced Analysis Of 'Cases', Susanne Baer

Articles

“The headscarf case” is more than just a case. Talking law is often talking cases, but we need to understand law more specifically as a powerful practice of regulation. Law is also not only another discourse, or just text, or politics, with fundamental rights as “an issue,” or a promise, or just an idea. Instead, to protect fundamental rights, it is necessary to understand how in reacting to a conflict, we in fact speak rights today—Rechtsprechung—as a form of practice. The German Federal Constitutional Court’s decision in the conflict about female teachers wearing headscarves in German public schools may be …

Detention By Armed Groups Under International Law, Andrew Clapham

International Law Studies

Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.

Fading Extraterritoriality And Isolationism? Developments In The United States, Austen L. Parrish

Indiana Journal of Global Legal Studies

Having the opportunity to deliver the twelfth Snyder Lecture is a privilege in part because of the distinguished scholars who have given the lecture in the past. It is also a privilege because of Earl Snyder himself. Earl was visionary in supporting these cross-Atlantic intellectual exchanges and ahead of his time in appreciating the value of studying transnationalism in its many forms. Today, in that tradition, my aim is to give you a sense of how the procedural rules of international civil litigation are developing and changing in the United States, and how those developments in turn affect more traditional …

Irreconcilable Principles: Minority Rights, Immigration, And A Religious State, Abigael C. Bosch

Indiana Journal of Global Legal Studies

A state formed to attract immigrant settlement in the aftermath of World War II, Israel was founded as an explicitly Jewish, yet democratic state. Israel's democratic and Zionist motivations are readily identifiable in its Declaration of Independence and have pervaded the country's legal landscape since its establishment. In recent years, however, the steady influx of African asylum seekers traveling to Israel in hopes of securing a better life have proven difficult for Israel to manage. Israel's commitment to preserving the state's Jewish character while still maintaining traditional democratic principles like equality creates a scenario where the so-called "infiltrator" asylum seekers …

The Death Of Opec? The Displacement Of Saudi Arabia As The World's Swing Producer And The Futility Of An Output Freeze, Christopher Hanewald

Indiana Journal of Global Legal Studies

On November 27, 2014, the Organization of Petroleum Exporting Countries met in Vienna and adopted a bold stance against increasing supply from beyond the reach of the cartel. Rather than reduce their own production, the cartel decided to allow market forces to dictate the price of a barrel of oil. By doing this, Saudi Arabia-the de-facto leader of the cartel-made a bet that the burgeoning shale gas industry within the United States would be unable to cope with a sharp fall in the price of oil. Over the course of the following two years, the U.S. energy sector-aided by further …

Why Domestic Enforcement Of Private Regulation Is (Not) The Answer: Making And Questioning The Case Of Corporate Social Responsibility Codes (Introduction), Anna Beckers, Mark Kawakami

Indiana Journal of Global Legal Studies

This issue aims to contribute to this debate by providing different perspectives on whether and how domestic enforcement of transnational private regulation through private law can and should be furthered, if at all. This is accomplished by narrowing the broader topic and focusing on the investigation of one particular area: the starting point of all the contributions will be the debate over private corporate social responsibility (CSR) codes and the case for or against their enforcement under domestic private law. These CSR codes are understood as codes of conduct developed and published by transnational corporations to show their globally applicable …

Legalization Under The Premises Of Globalization: Why And Where To Enforce Corporate Social Responsibility Codes, Anna Beckers

Indiana Journal of Global Legal Studies

This contribution advances the argument that global self-regulation through corporate social responsibility codes can and should be enforced under domestic private laws. Corporate social responsibility codes are defined as unilateral corporate commitments that indicate a corporation's willingness to take on a global regulatory role in the absence of a global political government-a phenomenon that is difficult to grasp from the perspective of traditional private law categories. The contribution thus starts by discussing the aspects in which private corporate codes and private law categories seem not to fit, and points to recent developments in substantive private law that could change this …

Enforcing Corporate Social Responsibility Codes Under Private Law: On The Disciplining Power Of Legal Doctrine, Jan M. Smits

Indiana Journal of Global Legal Studies

A central question in the debate on corporate social responsibility is to what extent CSR codes can be enforced among private parties. This contribution argues that this question is best answered by reference to the applicable doctrinal legal system. Such a doctrinal approach has recently regained importance in American scholarship, while it is still the prevailing method of legal analysis in Europe. Applying a doctrinal analysis of CSR codes allows for the possibility of private law enforcement, that is, enforcement by means of contract or tort, dependent on three different elements: the exact type of claim that is brought, the …

A Lex Mercatoria For Corporate Social Responsibility Codes Without The State? A Critique Of Legalization Within The State Under The Premises Of Globalization, Larry Catá Backer

Indiana Journal of Global Legal Studies

Recent efforts have sought to theorize the legalization of the social and economic sphere that is undiminished by time. Though the context has changed over time, the project remains the same-to embed behavior control within a network of mandatory proscriptions attached in some authoritative way to the state. Corporate social responsibility has been bound up in corporate codes of behavior and related private governance standards systems. In that form, it serves as a key site for the evolution of legalization and legitimacy in governance. That evolution appears to take corporate social responsibility from its twentieth century formalist rigidity into something …

Pitfalls Of Over-Legalization: When The Law Crowds Out And Spills Over, Mark Kawakami

Indiana Journal of Global Legal Studies

While some academics argue that enforcing voluntary corporate codes of conduct with private law backed sanctions can improve the working conditions of marginalized workers in the global supply chain, there are various risks associated with this "legalization" process. Relying on evidence from the fields of sociology, psychology, and evolutionary anthropology, this contribution will discuss how external incentives like threats of legal sanctions can actually be detrimental to the intrinsic motivations of companies that want to be socially responsible. This paper will also analyze how the crowding out effect and the spillover effect that come with legalizing otherwise voluntary norms could …

Corporate Codes In The Varieties Of Capitalism: How Their Enforcement Depends On The Differences Among Production Regimes, Gunther Teubner

Indiana Journal of Global Legal Studies

Globalization has reinforced the conflicts among the varieties of capitalism. The colliding units are not just nation states, but transnational production regimes, which cut through national boundaries. The conflicts lead global corporate codes, which are developed by international organizations, to take different directions when they are concretized on the enterprise level. They will be differently enforced according to whether they are located in Liberal Market Economies (LME), adapted to the New Sovereignty of enterprises, or in Coordinated Market Economies (CME) with greater components of social welfare state and economic democracy.

Different patterns of enforcement emerge particularly when the courts have …

Adrift In The Sea: The Impact Of The Business Supply Chain Transparency On Trafficking And Slavery Act Of 2015 On Forced Labor In The Thai Fishing Industry, Katharine Fischman

Indiana Journal of Global Legal Studies

Hundreds of thousands of men and boys are trafficked and enslaved on long-haul fishing boats in the waters off the coast of Thailand. These captives endure physical and mental abuse, inhumane working conditions, meager sustenance, and little sleep as they are forced to catch fish used in products such as cat food. This Note will focus on whether a proposed Act-the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (BSCT)-would impact the issue of forced labor linked to the seafood industry in Thailand, and particularly the portion of the industry that supplies fish used in American brand …

Corporate Codes As Private Co-Regulatory Instruments In Corporate Governance And Responsibility And Their Enforcement, Jan Eijsbouts

Indiana Journal of Global Legal Studies

Corporate Social Responsibility (CSR) codes have gained a prominent role as tools in self-regulation for companies to establish their basic values, norms, and rules that condition the conduct of directors, managers, employees, and-increasingly-of suppliers. This development must be seen in the light of two important paradigmatic changes in the concepts both of CSR and corporate governance. The former is no longer purely voluntary and the latter has become inclusive of CSR, each with far-reaching consequences for the raison d'itre and the place and function of the codes in the smart regulatory mix governing corporations. While the codes were based originally …

Security Council Resolution 2178 (2014): An Ineffective Response To The Foreign Terrorist Fighter Phenomenon, Cory Kopitzke

Indiana Journal of Global Legal Studies

Thousands of foreign terrorist fighters poured into the Middle East from almost every country across the globe. Radicalized by professionally edited videos and propaganda disseminated through the Internet, people from all walks of life were captivated by the Islamic State's rhetoric, and nations were struggling to figure out how to stop them. One solution came in the form of a United Nations Security Council Resolution- Resolution 2178 (2014). This resolution is directed specifically at foreign terrorist fighters and calls upon all Member States to act with haste to address this new phenomenon. Critics were quick to call into question the …

A Treaty On Enforcing Human Rights Against Business: Closing The Loophole Or Getting Stuck In A Loop?, Pierre Theilbörger, Tobias Ackermann

Indiana Journal of Global Legal Studies

This Article takes a human rights law perspective on the issue of enforcing corporate social responsibility. While corporations receive a variety of rights under international law, they do not equally hold a corresponding set of duties. The Article assesses the merits and shortcomings of existing initiatives to bridge this gap, in particular the Special Representative to the Secretary-General's (legally nonbinding) Framework and Guiding Principles, as well as the most recent initiative at the United Nations Human Rights Council on developing a (legally binding) treaty on business and human rights. While emphasizing that existing legal frameworks-such as human rights law, international …

Comments On The Nuremberg Principles And Conscientious Objection With Special Reference To War Crimes, Robert K. Woetzel

The Catholic Lawyer

No abstract provided.

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.