Comparative and Foreign Law Commons^™

Water, Workship, And Wisdom: Indigenous Traditional Ecological Knowledge And The Human Right To Water, Rhett B. Larson

ILSA Journal of International & Comparative Law

Water is used in ceremonies or as a symbol in nearly every religious community.

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

On behalf of the Republic of Aprophe ("the Applicant") and the Federal Republic of Rantania ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the Mai-Tocao Temple, signed in The Hague, The Netherlands, on the twelfth day of September in the year two thousand eleven.

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

The present dispute concerns the Mai-Tacao Temple ["the Temple"] complex, located on the border of the parties to these proceedings, the Republic of Aprophe ["Aprophe"], the Applicant in these proceedings, and the Federal Republic of Rantania ["Rantania"], the Respondent.

The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania

ILSA Journal of International & Comparative Law

The Republic of Aprophe ("Aprophe") and the Federal Republic of Rantania ("Rantania") hereby submit the present dispute to the International Court of Justice ("I.C.J.") pursuant to Article 40(1) of the Court's Statute, in accordance with the Compromis for submission to the I.C.J. of the differences concerning the Mai-Tocao Temple, signed in The Hague, The Netherlands, on the twelfth day of September in the year two thousand and eleven. Both States have accepted the jurisdiction of this Court pursuant to Article 36(1) of its Statute and Article XXV of the Peace Agreement of 1965.

Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang

Maryland Series in Contemporary Asian Studies

No abstract provided.

Florida's First Constitution, M C. Mirow

Faculty Books

The central square of St. Augustine, Florida, the Plaza de la Constitución, is not named for the United States Constitution. Instead, its name comes from Florida’s first constitution, the Spanish Constitution of Cádiz of 1812. Daily political life in Florida’s Spanish colonial cities was governed by this document, and cities like St. Augustine ordered their activities around the requirements, rights, and duties expressed in this constitution. The Constitution of Cádiz was the first truly transatlantic constitution because it applied to the entire Spanish empire, of which St. Augustine and Pensacola were just a part. It was drafted by representatives from …

Iosco: The World Standard Setter For Globalized Financial Markets, Antonio Marcacci

Richmond Journal of Global Law & Business

As the current endless crisis clearly proves, world financial markets are closely interconnected. In order to provide a legal backdrop, a soft-law body, named the International Organisation of Securities Commissions (IOSCO), was established and tasked with encouraging an efficient flow of capital. Funded as a Pan-American, and subsequently worldwide, forum more than thirty years ago, IOSCO is a multilateral regulatory network whose members are the public regulators of more than ninety percent of the world’s securities and futures markets. It is devoted to promoting common and efficient regulations, setting the floor for the exchange of information between its members, improving …

Honor As Property, Johanna E. Bond

Scholarly Articles

This Article is the first to use a property lens to explore the social construction of honor within legal systems around the world. The Article makes the claim that the law in many countries has implicitly treated honor as a form of property and has made legal and social allowances for men who seek to reclaim honor property through violence. The Article expands the boundaries of the existing scholarship concerning honor-related violence by exploring the intersections between social constructions of honor and social constructions of property. Using a property lens to analyze the relationship between honor, patriarchal control, and law …

The Reality Of Social Rights Enforcement, David Landau

Scholarly Publications

Despite the lack of socio-economic rights in the U.S. Constitution and the absence of political will to enforce them, the vast majority of constitutions around the world now include these rights, and courts are enforcing them in increasingly aggressive and creative ways. Scholars have produced a large and theoretically rich literature on the topic. Virtually all of this literature assumes that social rights enforcement is about the advancement of impoverished, marginalized groups. Moreover, the consensus recommendation of that literature, according to scholars like Cass Sunstein and Mark Tushnet, is that courts can enforce socio-economic rights hut should do so in …

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.

The Penalties For Piracy: An Empirical Study Of National Prosecution Of International Crime, Eugene Kontorovich

Faculty Working Papers

This Article examines the sentences imposed by courts around the world in prosecutions of Somali pirates captured on the high seas. Somali piracy has become perhaps the highest-volume area of international criminal law by national courts. As with other international crimes, international law is silent on the subject of penalties. The large number of parallel prosecutions of offenders from a single international "situation" offers an empirical window into the interactions between international and national law in municipal courts; into factors affecting punishment for international crimes and the hierarchy of international offenses; and of course into potential concerns with the current …

Litigating Palestine Before International Courts And Tribunals: The Prospects Of Success And Perils Of Failure, Victor Kattan

UC Law SF International Law Review

This Article examines the claim that United Nations (UN) membership will improve Palestine's ability to have recourse to international courts and tribunals. With the exception of seeking an advisory opinion from the International Court of Justice (ICJ) upon a referral from the UN General Assembly or as a result of a request from a specialized agency, Palestine must be a state in order to become a party to the ICJ in a contentious case and in order to accede to the Statute of the International Criminal Court (ICC). Because admission to the UN is based on the assumption that the …

Reporters As Refugees: Applying United States Asylum Laws To Persecuted Journalists In Mexico, Katy Mann

UC Law SF International Law Review

In 2010, Jorge Luis Aguirre became the first known journalist from Mexico to receive asylum in the United States. Aguirre, like many of his colleagues, had received several threats to his life for reporting on the drug-related violence and government corruption in Mexico. In fact, since Felipe Calderon assumed the presidency in Mexico in December 2006, more than thirty journalists in the country have been murdered or have disappeared. Faced with the possibility of becoming the next casualty in the ongoing drug war, several Mexican journalists have fled to the United States to apply for asylum.

Although the United States …

The Nonjusticiability Of Palestine: Human Rights Litigation And The (Mis)Application Of The Political Question Doctrine, Gwynne Skinner

UC Law SF International Law Review

The Political Question Doctrine is a problematic and an often misused doctrine that prevents courts from fulfilling their Article III responsibilities. Nowhere is this misuse more prevalent than in human rights cases involving Palestine, and in particular, human rights cases alleging misconduct by the Israeli government or officials. This Article discusses in detail courts' decisions regarding the Political Question Doctrine raised in human rights litigation, and analyzes courts' decisions in such cases involving Palestine. It notes the stark difference in both outcome and analysis regarding cases against the PLO, Arab Bank, or others acting in Palestinian interests - all of …

A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker

Faculty Publications

This article describes how the author integrated comparative and international law lessons into a first year course on U.S. Constitutional Law. This version of a paper originally submitted to the International Association of Law Schools Conference on Comparative Constitutional Law in 2009, has been enriched by adding citations and references to relevant papers of other conference participants. The article includes a review of the literature on teaching comparative constitutional law, basic pedagogical theory, a bibliography, some practical advice and a set of four lessons on the themes of judicial review, transnational interpretation, affirmative action and reproductive rights, complete with discussion …

Behind Closed Doors: Irb's And The Making Of Ethical Research, Xiaomeng Zhang

Law Librarian Scholarship

In the late 1700s, English physician Edward Jenner intentionally exposed his infant son to swinepox and an eight-year-old boy to cowpox in order to observe whether they would become immune to related smallpox, a disease. While modern history of human experimentation can be traced back to the eighteenth century, the topic did not engage significant public attention until 1946, when the Nuremberg trials disclosed horrific medical experiments carried out by Nazi scientists. Now, almost all research involving human subjects is subject to prior review and ongoing monitoring by institutional review boards, or IRBs. Behind Closed Doors: IRBs and the Making …

Comparative Aspects Of Piercing The Corporate Veil In The United States And Latin America, Dante Figueroa

Duquesne Law Review

No abstract provided.

Some Critical Thinking About A Human Rght To Water, Doug Donoho

ILSA Journal of International & Comparative Law

Last year student members of the Inter-American Center for Human Rights organized a symposium focused on the incipient "international right to water."

A New Institutional Economics Perspective On Trademarks: Rebuilding Post Conflict Zones In Sierra Leone And Croatia, 11 J. Marshall Rev. Intell. Prop. L. 745 (2012), Roya Ghafele, Benjamin Gibert

UIC Review of Intellectual Property Law

This paper evaluates the role of collective trademarks in enhancing the ability of tourism clusters to stimulate economic growth, local ownership and innovative governance. Illustrating how intellectual property (IP) law can be leveraged to achieve this, we offer a new economic rationale for trademarks in the context of tourism. Two post-conflict case studies of Sierra Leone and Croatia provide a crash test for this approach. By emphasizing the role of law, institutions and infrastructure in stimulating tourism in post-conflict zones, this paper echoes new institutional economics perspectives that highlight the impact of legal structure on development. Despite widespread acknowledgement of …

The Opaque Future Of Tax Information Sharing Between The United States And China: An Analysis Of Bank Secrecy Laws And The Likelihood Of Entrance Into A Tax Information Exchange Agreement, Emily Wang

UC Law SF International Law Review

Offshore tax evasion and barriers to tax information exchange between countries have been an increasing problem for tax authorities around the globe. Since the launch of the Tax Information Exchange Agreement (TIEA) in 2002 by the Organization for Economic Co-operation and Development (OECD), the United States and China have signed TIEAs with various other countries, but not with each other. This Note examines the possibility of China and the U.S. entering into a TIEA for the purpose of a better tax information exchange between the two countries.

This Note first explains the nature of offshore accounts tax evasion and the …