Comparative and Foreign Law Commons^™

When (And Where) Is A Crime A Crime? “Double Criminality” As A Principle Of Fundamental Justice, Robert J. Currie

Articles, Book Chapters, & Popular Press

The idea that crime crosses borders is fast becoming ordinary, even old hat, particularly in an age of online crime such as ransomware attacks, cyber-extortion and the like. As we have become more geographically mobile, however, it is increasingly common for people to have engaged in criminal conduct in one state1 but then seek to exercise legal rights, or face legal entanglements, in others. Legal questions can then arise about what effect should be given by one state—in this article, Canada—to an individual’s conduct that was, or is alleged to have been, a crime in a foreign state. The inquiry …

Russian Irregular Forces: Pursuing Accountability, Susana L. Sacouto

Research Reports & White Papers

This memo examines the prospects of pursuing criminal charges against individuals involved in such groups through universal or other forms of jurisdiction that permit the prosecution of grave crimes committed abroad. Specifically, it seeks to identify opportunities to bring to account members of irregular armed groups, as well as public and private actors directing or supporting their criminal activity, particularly in Ukraine, by determining which jurisdictions would be most disposed to pursuing an investigation and, if warranted, a prosecution of their crimes.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 7, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.

Reaching An Aim Differently? Corporate Social Responsibility Regulation In Australia And India, Mia Mahmudur Rahim, Mohammad Abu Sayeed

Cardozo International & Comparative Law Review

Businesses incorporate corporate social responsibility principles mainly through voluntary and mandatory approaches. Advocates of the voluntary approach believe that companies can use charitable initiatives as a management tool to meet social and environmental expectations and that mandating Corporate Social Responsibility ("CSR") would not encourage companies to prioritize anything beyond profits. Opponents argue that without legal requirements to drive social responsibility, relying on companies to self-regulate would not effectively integrate social values into corporate behaviors. Instead, they suggest that legal regulation of CSR can offer a more effective strategy. This Article examines the limitations ofthese two approaches by analyzing Australia, which …

Nationality And Naturalizations In International Sports Law: Sports Federations As Gatekeepers, Ilias Bantekas

Cardozo International & Comparative Law Review

The institutional rules of International Sports Federations ("IFs") and the International Olympic Committee ("IOC") concerning nationality and its transfer therein are regulated by the Nottebohm safeguard, which requires the conferral of nationality under domestic laws to be consistent with international law for the conferral to be valid in the international legal sphere. The international sporting arenas qualify as international legal space, but the compatibility of naturalization laws with this legal space is regulated and enforced not by states, but by non-state entities, namely IFs and the IOC. These institutional rules possess a normative character because the pertinent stakeholders consent to …

The Complex Issue Of Taxpayer-Funded Crisis Relief For Religious Organizations: Exploring The Blurring Of Church And State And The Potential Role Of Germany's Church Tax, Sarah Batterman

Cardozo International & Comparative Law Review

The note explores the legal and ethical implications of providing taxpayer-funded crisis relief to religious organizations, particularly through the Paycheck Protection Program (PPP) during the COVID-19 pandemic. It highlights the tension between the Free Exercise Clause, which supports equal access to public benefits for religious groups, and the Establishment Clause, which prohibits government endorsement of religion. The note proposes that Germany's church tax system could serve as a model for a U.S. crisis relief program, allowing voluntary contributions to religious organizations without compelling taxpayer support, thus preserving individual religious liberty and compliance with constitutional principles.

Toward A Biometric Privacy Act To Protect Individual Rights: What The United States Can Learn From The European Union And China, Sophia Hilsman

Cardozo International & Comparative Law Review

The note examines the regulatory frameworks governing biometric AI technologies, particularly facial recognition, in the United States, China, and the European Union. It argues that the U.S. currently lacks comprehensive federal legislation to protect individuals' privacy and civil liberties in the face of advancing biometric technologies. The analysis advocates for a balanced regulatory approach that mitigates the risks of mass surveillance and erosion of privacy while allowing for beneficial uses of biometric AI. The author proposes that Congress should adopt federal legislation modeled after the EU's GDPR to establish a baseline for biometric data protection, ensuring consistency and stronger safeguards …

Race Against The Clock: A Comparative Analysis Of New York State's And Germany's Ambitious High-Voltage Transmission Sitting Laws And What New York Can Adopt From The German Model, Andrew Leahy

Cardozo International & Comparative Law Review

The note argues that New York should adopt elements of Germany's centralized regulatory model to streamline the approval and construction of high-voltage transmission lines, which are critical for meeting renewable energy goals. While both New York and Germany face similar challenges in expanding their grids, Germany's centralized approach, including federal oversight and coordinated planning, has proven more efficient. The note critiques New York's decentralized and uncoordinated process, suggesting that adopting Germany's methods could help New York meet its ambitious renewable energy targets and reduce reliance on peaker plants.

Disruption Events Sebagai Peristiwa Yang Tak Terduga Dalam Pelaksanaan Kewajiban Kontraktual, Natasya Yunita Sugiastuti, Ari Wahyudi Hertanto, Anda Setiawati, Agung Wijaya, Ghayana Aditya Putra

Jurnal Hukum & Pembangunan

An agreement creates an obligation, which is a legal relationship between the parties. If one party fails to fulfill its duties to the other party as promised, it is considered a breach of contract by one party against the other. One of the external factors that disrupt contract execution is a disruption event. In contrast to the concepts of force majeure and hardship, which have been acknowledged in Indonesian law, the argument of disruption events has not been recognized, even in the context of legal literature. However, in certain contracts with extended durations, the concept of disruption event has been …

Meninjau Alasan “Tidak Dipenuhinya Kuota Domestic Market Obligation” Sebagai Dasar Pencabutan Izin Usaha Pertambangan Batubara, Zaki Priambudi, Bima Rico Pambud, M. Ghifari Fardhana Bahar, Rivan Hidayat

Jurnal Hukum & Pembangunan

The revocation of 2,078 Mining Business Licenses (IUP) on January 10, 2022, some of which was based on non-compliance with the Domestic Market Obligation (DMO) policy, is alleged to have been conducted arbitrarily, without regard for the principles and procedures of licensing management. Therefore, this research aims to analyze two legal issues: (1) Whether the revocation of the IUPs belonging to coal mining business entities that failed to meet the DMO quota by the Minister of Investment/Head of the Investment Coordinating Board (Head of BKPM) is a lawful decision; (2) What are the legal consequences of revoking the coal IUPs …

Perlindungan Hukum Bagi Pers Dalam Melaksanakan Kebebasan Pers Di Indonesia Dan Australia, Roshita Anggun Trisnaningrum, Adhitya Widya Kartika

Jurnal Hukum & Pembangunan

The press and democratic life are two inseparable things. The existence of the press has a crucial role in conveying information, providing education to the public, and as a means of social control. Freedom of the press is not only recognized internationally, but every country is obliged to provide legal protection for it. The urgency of this research from a constitutional law perspective is that the press is the fourth pillar of democracy (the fourth of estate). This issue is discussed to discover the similarities and differences in press law provisions between Indonesia and Australia as well as to improve, …

Enforcing Intentional Motherhood: The Harrowing Consequences Arising From The Inconsistency Of Statutes Regarding Surrogacy, And How The Enforcement Of Surrogacy Contracts Is The Answer, Meena Hatab

Global Business Law Review

This Note discusses how the practice of commercial surrogacy is treated across the United States. Most notably, how the courts treat surrogacy contracts from state to state. A summary of how Canada views the practice of surrogacy will provide a general view into how the view of the practice is different across borders. It will be discovered that, while there is a federal law governing surrogacy in Canada, there is no federal law in either country that enforce surrogacy contracts or treat surrogacy contracts as valid contract between two adult parties. This is due to the preconceived notions of what …

Genocide Memorialization Through Law In Bosnia And Herzegovina: Reconciling The Irreconcilable?, Carna Pistan

Genocide Studies and Prevention: An International Journal

This article focuses on the law banning genocide denial and other war crimes and the glorification of convicted war criminals imposed in Bosnia and Herzegovina by the former High Representative Valentin Inzko in mid-2021 to facilitate the country’s reconciliation process. It first positions the genocide denial ban into the vast category of memory laws by examining its content and scope, as well as the reactions and consequences it has provoked up to now. The article maintains that an internationally imposed memory law cannot create reconciliation in a deeply divided society. It shows, on the contrary, that the imposed legislation has …

Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase

Fordham Environmental Law Review

Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …

Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich

Fordham Environmental Law Review

When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …

Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao

Fordham Environmental Law Review

With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …

Moving Slow And Fixing Things, Hannibal Travis

Faculty Publications

No abstract provided.

Windfall Taxes: The New Trend The United States Refuses To Take Part In, Maxwell Sears

Cardozo International & Comparative Law Review (CICLR) Blog

Russia’s invasion of Ukraine in 2022 resulted in a significant burden on Europe in regard to their energy sector. As a result of this conflict and the European Union’s (“EU”) subsequent restriction of oil and coal from Russia to the EU, the prices of the energy supply as a whole increased. However, companies in the EU were responsible for replacing much of the materials and energy that were once imported from Russia.

This post was originally published on the Cardozo International & Comparative Law Review on June 20, 2024. The original post can be accessed via the Archived Link button …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.