The United Nations Sale Convention: Delimitation, Influences, And Concurrent Application Of Domestic Law,
2011
CMS Hasche Sigle
The United Nations Sale Convention: Delimitation, Influences, And Concurrent Application Of Domestic Law, Tamo Zwinge
Richmond Journal of Global Law & Business
The United Nations Convention on Contracts for the International Sale of Goods ("CISG"or "Convention") aims to create uniform international sales law to facilitate international trade. However, there are numerous sources of divergence in interpretation and application of the Convention in different jurisdictions. It is therefore possi- ble that courts of different countries interpret the words of the Convention differently. This article investigates the major influences of domestic law on the Convention's interpretation and application. Notably, the so-called "homeward trend" of interpreters is discussed. Furthermore, the article scrutinizes the scope of Article 4 of the CISG in order to delimitate the …
From Russia With Love: The Eu, Russia, And Special Relationships,
2011
Pericles LLM
From Russia With Love: The Eu, Russia, And Special Relationships, Eric Engle
Richmond Journal of Global Law & Business
This paper compares the institutions and goals of the USSR, the EU, and the CIS to understand the differing origins and competing tendencies of these alternative models of transnational governance. It then projects those models through history to examine the current relationships of the former Soviet Republics to the EU and the United States. Understanding the historical sources and development of transnational relations in Eastern Europe will enable better international relations among the EU, the Russian Federation, and the other former Soviet Republics. This comparison will also help the Russian Federation and other former Soviet Republics to take up EU …
Death By A Thousand Cuts: Incorporating Cumulative Effects In Australia's Environment Protection And Biodiversity Conservation Act,
2011
University of Washington School of Law
Death By A Thousand Cuts: Incorporating Cumulative Effects In Australia's Environment Protection And Biodiversity Conservation Act, Jessica T. Dales
Washington International Law Journal
The Environment Protection and Biodiversity Conservation Act 1999 (“EPBCA” or “the Act”) is the Australian government's keystone piece of environmental legislation. The EPBCA provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities, and heritage places—defined in the Act as matters of National Environmental Significance (“NES”). The Act comes into play when a proposed action has the potential to have a significant impact on a matter of national environmental significance. Although it has played a vital role in protecting Australia’s environment, the EPBCA does not explicitly address the cumulative impact of multiple actions on …
Doing Business In Egypt After The January Revolution: Capital Market And Investment Laws,
2011
Cairo University Law School
Doing Business In Egypt After The January Revolution: Capital Market And Investment Laws, Radwa S. Elsaman
Richmond Journal of Global Law & Business
Despite the Egyptian economy’s remarkable growth during the last decade, unequal treatment at law and unfair distribution of wealth led to the Revolution on January 25, 2011. The Revolution affected investment in Egyptian markets. Reforming business laws— specifically the Capital Market and Investment Laws— has become essential to restore confidence in Egyptian markets. These two branches of business law have undergone many developments over the years, which have improved them significantly. Legal compliance, however, remains a major concern. This Article surveys the economic activity in Egypt from a legal perspective. It evaluates Egyptian laws affecting economic activity by analyzing the …
Yukos Universal V. Russia: Shell Companies And Treaty Shopping In International Energy Disputes,
2011
McCarthy Tetrault LLP
Yukos Universal V. Russia: Shell Companies And Treaty Shopping In International Energy Disputes, Paul M. Blyschak
Richmond Journal of Global Law & Business
No abstract provided.
Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights,
2011
University of Richmond School of Law
Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid
Richmond Journal of Global Law & Business
The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …
Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice,
2011
Columbia Law School
Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice, Alejandro M. Garro, Stephen J. Schnably, Pedro Martinez Fraga, David Abraham
University of Miami Inter-American Law Review
No abstract provided.
Achilles' Heel: How The Ats And Nafta Have Combined To Create Substantial Tort Liability For Us Corporations Operating In Mexico,
2011
University of Miami Law School
Achilles' Heel: How The Ats And Nafta Have Combined To Create Substantial Tort Liability For Us Corporations Operating In Mexico, Travis Robert-Ritter
University of Miami Inter-American Law Review
No abstract provided.
Ruti Teitel Responds To Shana Tabak,
2011
New York Law School
Ruti Teitel Responds To Shana Tabak, Ruti G. Teitel
Other Publications
No abstract provided.
Comparative Law: Problems And Prospects,
2011
Columbia Law School
Comparative Law: Problems And Prospects, George A. Bermann, Patrick Glenn, Kim Lane Scheppele, Amr Shalakany, David V. Snyder, Elizabeth Zoller
Faculty Scholarship
The following is an edited transcript of the closing plenary session of the XVIIIth International Congress of Comparative Law. The session took place on Saturday, July 31, 2010, in Washington, D.C., at the conclusion of the week-long congress, which is held quadrennially by the International Academy of Comparative Law (Académie Internationale de Droit Comparé). The remarks were given in a mix of French and English, but for ease of reading the transcript below is almost entirely in English.
The Prosecution Of Non-Disclosure Of Hiv In Canada: Time To Rethink Cuerrier,
2011
Allard School of Law at the University of British Columbia
The Prosecution Of Non-Disclosure Of Hiv In Canada: Time To Rethink Cuerrier, Isabel Grant
All Faculty Publications
The author of this article argues that Canada’s current approach to the criminalization of HIV transmission is deeply flawed and cries out for clarification. The article first considers the risk of transmission of HIV under various conditions, as determined by recent scientific studies, and concludes that HIV is not easily transmissible through sexual activity. It next examines several crucial factors that contribute to the significance, or lack of significance, of sexual activity by HIV-positive individuals, concluding that the current law creates a “numbers game” for triers of fact. The article then proceeds to a comparative analysis of other Commonwealth countries, …
The Malaysian Legal System: A Tale Of Two Courts,
2011
Georgetown University Law Center
The Malaysian Legal System: A Tale Of Two Courts, Yvonne Tew
Georgetown Law Faculty Publications and Other Works
The Federal Constitution of Malaysia was crafted during the birth pangs of the nation in 1957 and provides the framework for Malaysia’s modern legal system. The Federation of Malaya emerged from British colonialism to achieve independence on 31 August 1957 and was joined six years later by the Borneo states – Sabah and Sarawak – and Singapore to form the new nation of Malaysia. Singapore left Malaysia in 1965 to become its own sovereign nation, and the current Federation of Malaysia comprises the Peninsula, Sabah, and Sarawak. Malaysia was born in a climate of multicultural compromise as a constitutional monarchy …
The Latin American Tradition Of Legal Failure,
2011
Florida International University College of Law
The Latin American Tradition Of Legal Failure, Jorge L. Esquirol
Faculty Publications
No abstract provided.
Criminalizing Corporate Killing: The Irish Approach,
2011
Technological University Dublin
Criminalizing Corporate Killing: The Irish Approach, Bruce Carolan
Articles
The debate on criminal corporate liability in the United States might benefit from a comparative perspective: How have other countries treated the criminal liability of corporate entities? This benefit might be enhanced by focusing on a country with a similar legal heritage to the United States—a country with a common law legal system inherited from the British. And, it would help if that country were concurrently examining the issue of criminal corporate liability. Interesting questions might include: What issues dominate the debate? How are issues of punishment, reparations, and rehabilitation handled? Is a legislative approach contemplated? The purpose of this …
A Club Of Incumbents? The African Union And Coups D'Etat,
2011
Vanderbilt University Law School
A Club Of Incumbents? The African Union And Coups D'Etat, Eki Y. Omorogbe
Vanderbilt Journal of Transnational Law
This Article considers the response of the Organization for African Unity (the OAU, founded in 1963) and its successor, the African Union (the AU, which began operating in 2003) to coups d'etat, since 1997. The Article addresses these organizations' policies concerning unconstitutional changes of government, as well as the application of these policies. In considering these issues, the Article examines the response of the AU to the coups in Togo (2005), Mauritania (2005 and 2008), Guinea (2008), Madagascar (2009), and Niger (2010). In each case, the AU was unwilling to recognize the government that came to power through coup, even …
Epilog: Foreign Sovereign Immunity At Home And Abroad,
2011
Vanderbilt University Law School
Epilog: Foreign Sovereign Immunity At Home And Abroad, Ingrid Wuerth
Vanderbilt Journal of Transnational Law
Every author writing on U.S. law for this symposium notes that the extent to which the Executive Branch can make binding immunity determinations is an important issue going forward. In addition to Legal Adviser Koh, two other authors address this issue directly. Professor Peter Rutledge provides a typology of the various roles that the Executive Branch might play in immunity (and other) cases, distinguishing in particular between views articulated by the Executive Branch independently of ongoing litigation, and those expressed with respect to particular pending cases. And Lewis Yelin of the Department of Justice has contributed a major, comprehensive article …
Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium,
2011
Saint Louis University School of Law
Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
All Faculty Scholarship
This article discusses the Belgian jury system and the decision in Taxquet v. Belgium and then explores to what extent a requirement of reasoned judgments will affect the survival of European juries. It focuses on Spain, where the jury is required to give reasons for its verdicts, and where a lively high-court jurisprudence has developed addressing the quality and sufficiency of jury reasons. This article suggests that it might be appropriate for jury courts in the United States to in some way justify their decision of guilt, in order to minimize the amount of completely innocent persons who have been …
Ethnicity, Elections, And Reform In Burma,
2011
Indiana University Maurer School of Law
Ethnicity, Elections, And Reform In Burma, David C. Williams
Articles by Maurer Faculty
No abstract provided.
A Kind Of Judgment: Searching For Judicial Narratives After Death,
2011
Indiana University Maurer School of Law
A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters
Articles by Maurer Faculty
Much of international criminal law's attraction rests on the 'authoritative narrative theory '--the claim that legal judgment creates incontestable narratives that serve as the foundation, or at least a baseline, for post-conflict reconciliation. So what happens when there is no judgment? This is the situation that confronted the International Criminal Tribunal for the Former Yugoslavia when its most prominent defendant, Slobodan Milosevic, died. By turning scholarship's attention towards a terminated trial, this Article develops an indirect but powerful challenge to one of the dominant views about what international criminal law is for, with interdisciplinary implications for human rights, international relations, …
Conference: Laïcité In Comparative Perspective,
2011
Indiana University Maurer School of Law
Conference: Laïcité In Comparative Perspective, Elisabeth Zoller, Marc O. Degirolami, Nina Crimm, Javier Martínez-Torrón
Articles by Maurer Faculty
No abstract provided.
