Category Archives: Foreign & Comparative Law

Library Highlights: Law and Religion

The Mandate of Heaven and the Great Ming Code
Jiang Yonglin
KNN33 .J53 2011
From the Publisher: After overthrowing the Mongol Yuan dynasty, Zhu Yuanzhang, the founder of the Ming dynasty (1368-1644), proclaimed that he had obtained the Mandate of Heaven (Tianming), enabling establishment of a spiritual orientation and social agenda for China. Zhu, emperor during the Ming’s Hongwu reign period, launched a series of social programs to rebuild the empire and define Chinese cultural identity. To promote its reform programs, the Ming imperial court issued a series of legal documents, culminating in The Great Ming Code, which supported China’s legal system until the Ming was overthrown and also served as the basis of the legal code of the following dynasty, the Qing (1644-1911). […] This study challenges the conventional assumption that law in pre-modern China was used merely as an arm of the state to maintain social control and as a secular tool to exercise naked power. Based on a holistic approach, Jiang argues that the Ming ruling elite envi-sioned the cosmos as an integrated unit; they saw law, religion, and political power as intertwined, remarkably different from the “modern” compartmentalized worldview. In serving as a cosmic instru-ment to manifest the Mandate of Heaven, The Great Ming Code represented a powerful religious ef-fort to educate the masses and transform society.

Friends at the Bar: A Quaker View of Law, Conflict Resolution, and Legal Reform
Nancy Black Sagafi-nejad
KF4869.Q83 S24 2011
From the Publisher: George Fox, founder of the Religious Society of Friends, admonished his follow-ers against “going to law.” In this fascinating, wide-ranging book, a Quaker lawyer explores the rela-tionship between Quakers and the American legal system and discusses Friends’ legal ethics. A highly influential group in the United States, both for their spiritual ideals of harmony, equality, and truth-telling, and for their activism on many causes, including abolition and opposition to war, Quakers have had many noteworthy interactions with the law. [The author] sketches the history and beliefs of the early Quakers in England and America, then goes on to look at important twentieth-century constitutional law cases involving Quakers, many involving civil rights issues. Sagafi-nejad’s survey of one-hundred Quaker lawyers shows them to be at odds with the adversarial system and highlights a legal practice that must balance truth-telling and zealous advocacy. The Quaker development of extra-legal dispute resolution to solve debates amongst Friends is discussed, along with a look at the possible future of mediation.

Hinduism and Law: An Introduction
edited by Timothy Lubin, Donald R. Davis Jr., Jayanth K. Krishnan
KNS122 .H564 2010
From the Publisher: Covering the earliest Sanskrit rulebooks through to the codification of ‘Hindu law’ in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India’s legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.

Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers
Raymond F. Gregory
KF3466.5 .G74 2011
From the Publisher: In a recent survey, 20 percent of the workers interviewed reported that they had either experienced religious prejudice while at work or knew of a coworker who had been subjected to some form of discriminatory conduct. Indeed, according to the Equal Employment Opportunity Com-mission, the filing of religious discrimination charges under Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, sex, and religion) increased 75 percent between 1997 and 2008. The growing desire on the part of some religious groups to openly express their faith while at work has forced their employers and coworkers to reconsider the appropriateness of certain aspects of devotional conduct. Religion in the workplace does not sit well with all workers, and, from the employer’s perspective, the presence of religious practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression—by employees and employers—from unlawful proselytizing. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history. practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression— by employees and employers— from unlawful proselytizing.

Muslims and Global Justice
Abdullahi Ahmed An-Naʻim
KBP2460 .N353 2011
From the Publisher: An-Na’im opens this collection of essays with a chapter on Islamic ambivalence toward political violence, showing how Muslims began grappling with this problem long before the 9/11 attacks. Other essays highlight the need to improve the cultural legitimacy of human rights in the Muslim world. As An-Na’im argues, in order for a commitment to human rights to become truly uni-versal, we must learn to accommodate a range of different reasons for belief in those rights. In addition, the author contends, building an effective human rights framework for global justice requires that we move toward a people-centered approach to rights. Such an approach would value foremost empower-ing local actors as a way of negotiating the paradox of a human rights system that relies on self-regulation by the state. Encompassing over two decades of An-Na’im’s work on these critical issues, Muslims and Global Justice provides a valuable theoretical approach to the challenge of realizing glob-al justice in a world of profound religious and cultural difference.

Politics, Taxes, and the Pulpit: Provocative First Amendment Conflicts
Nina J. Crimm, Laurence H. Winer
KF6449 .C748 2011
From the Publisher: In Politics, Taxes, and the Pulpit, Nina J. Crimm and Laurence H. Winer examine the provocative mix of religion, politics, and taxes involved in the controversy over houses of worship engaging in electoral political speech. The authors analyze the dilemmas associated with federal tax subsidies benefiting nonprofit houses of worship conditioned on their refraining from political cam-paign speech. The Supreme Court’s recent Citizens United decision invalidating federal campaign fi-nance restrictions on corporations’ political campaign speech makes the remaining, analogous restric-tive tax laws constraining many nonprofit entities all the more singular and problematic, particularly for houses of worship. Crimm and Winer explore the multifaceted constitutional tensions arising from this legal structure and implicating all fundamental values embodied in the First Amendment: free speech and free press, the free exercise of religion, and the avoidance of government establishment of religion. . They also examine the history and economics of taxation of houses of worship. The authors conclude that there exists no means of fully resolving the irreconcilable clashes in a constitutionally permissible and politically and socially palatable manner. Nonetheless, Crimm and Winer offer several feasible legislative proposals for reforming tax provisions that likely will generate considerable debate.

Library Highlights: International Law

Semiotics of International Law: Trade and Translation
Evandro Menezes de Carvalho
F86 K213 .C36713 2011
From the Publisher: Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challeng-es. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or inter-pret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – , want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law can-not be separated from the linguistic issue.

International Tax Law: A Legal Research Guide
Christopher C. Dykes
K103.T3 D95 2011
From the Publisher: This book presents an overview of the different aspects of international tax law as well as how to locate the various primary and secondary sources, including model tax conventions, bilateral tax treaties, and customary law. It also covers international taxation from the U.S. perspec-tive, and explores researching international tax law through online databases, using free sources as well as subscription services. Will be useful for law firms, tax professionals, law librarians, and all oth-ers interested in researching international tax law.

The New Global Law
Rafael Domingo
KZ3410 .D66 2010
From the Publisher: The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious ‘democratic deficit’ of internation-al institutions highlight the need for an innovative and truly global legal system, one that permits hu-manity to reorder itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world’s peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the develop-ment of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Guide to ICSID Arbitration
Lucy Reed, Jan Paulsson, Nigel Blackaby
K3834 .R44 2011
From the Publisher: The International Centre for Settlement of Investment Disputes (ICSID) has be-come the leading arbitration institution for the resolution of investor-state disputes. Today, any com-pany considering an investment in a foreign country and any financing entity playing a role in the in-vestment must be aware of ICSID and the growing matrix of bilateral investment treaties (BITs) and multilateral treaties (MITs), most notably, the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT), providing access to ICSID. Familiarity with the regime and jurispru-dence of ICSID arbitration is essential for any international investment lawyer, whether focused on transactions or disputes. This second edition of the Guide takes account of the scores of ICSID awards and decisions rendered since 2004, as well as significant amendments to ICSID rules and practices. It provides a sufficiently detailed but still ‘user-friendly’ understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish.

International White Collar Crime: Cases and Materials
Bruce Zagaris
KZ3410 .F38 2010
From the Publisher: Contemporary transnational criminals take advantage of globalization, trade lib-eralization, and emerging new technologies to commit a diverse range of crimes, and to move money, goods, services, and people instantaneously for purposes of pure economic gain and/or political vio-lence. This book captures the importance of transnational business crime and international relations by examining the rise of international economic crime and recent strategies in the United States and abroad to combat it. The book is organized into three main sections. The first part discusses substan-tive crimes, particularly tax, money laundering, and counter-terrorism financial enforcement; transna-tional corruption; transnational organized crime; and export control and economic sanctions. The se-cond part discusses procedural aspects of international white collar crime, namely extraterritorial ju-risdiction, evidence gathering, extradition, and international prisoner transfer. The third part discusses the role of international organizations, including the United Nations, the World Bank Group, Interpol, and economic integration groups.

Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
Hiroko Yamane
K1401.A41994 Y36 2011
From the Publisher: Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the bene-fits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. To-day, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation.
This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, includ-ing its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies.

New Titles for the Center for Global Legal Studies

Corporate Social Responsibility: The Corporate Governance of the 21st Century
edited by Ramon Mullerat; authors, Daniel Brennan … [et al.]
K1327 .C675 2011
ThomCat
Amazon.com

Guide to ICSID Arbitration
Lucy Reed, Jan Paulsson, Nigel Blackaby
K3834 .R44 2011
ThomCat
Amazon.com

Negotiating Sovereignty and Human Rights: International Society and the International Criminal Court
Sibylle Scheipers
KZ6310 .S353 2009
ThomCat
Amazon.com

World Legal News: International Pirates

In the U.S. the word pirate conjures up images of Johnny Depp, and the Disneyland ride; at its most serious, we think of pirating software or music files. But the incidents of real pirates are hijacking ships and kidnapping people are increasing. “[T]he Piracy Reporting Center of the International Maritime Bureau, found that pirates had taken 1,181 people hostage and killed 8 in attacks on 445 ships over the course of 2010” (Goodman). The hostages are mostly fishermen and crewmen from cargo ships.

Their sphere of operation now stretches “from Oman on the Arabian Peninsula to Mozambique, more than 2,500 miles (4,000 kilometers) away in southeastern Africa” (Yoong).

In Somalia, the unstable government and widespread poverty have led many young people to join the dangerous but lucrative world of piracy
(Piracy at Sea). Although the shipping route through the Indian Ocean is clearly unsafe, global businesses risk the lives of workers from developing countries every day because the financial cost to corporations of the loss of human lives is small compared to the financial benefits of shipping food globally (Huang).

Naval military forces from China, Japan, Britain, Malaysia and South Korea have been doing battle with and in some instances capturing Somali pirates, however, unless pressed to destroy the pirate ships during battle, their response is often limited to disarming the pirates and releasing them in exchange for some of the many civilian hostages (Huang; Yoong; Hughes & Martinez ).

Although the U.S. navy incidentally destroyed a pirate ship that fired on a Warship, officials claim that they are too busy doing military exercises and searching for drug smugglers and terrorists to rescue ships from pirates (Hughes & Martinez).

Although Kenya and the Seychelles routinely prosecute pirates, last November, the “US District Court for the Eastern District of Virginia began the first US piracy trial in more than 100 years” (Somali parliament blocks; Hilema ). Malaysia also intends to prosecute pirates, but for jurisdictional reasons,
pirates cannot always be prosecuted in the courts in which they appear (Piracy at Sea).

An international piracy court would solve the jurisdictional problem, and it is being proposed by the “UN Secretary-General’s special adviser on maritime piracy Jack Lang, [who] warned Security Council members on Monday that more needs to be done to bring Somali pirates to justice, proposing an international piracy court (Hilema). Lang has developed an extensive plan
for how to respond to the pirates, he has “proposed a series of far-reaching
measures to the Security Council [ ] on how to lift the legal constraints to
prosecute and imprison the pirates and criminalize their sea-borne raids in all
States” (In Race between).

A local tribunal for prosecuting Somalian pirates in Somalia was proposed, but the legislation was blocked by the Somali parliament in early January, in part because, the “text [of the bill] on the punishment of pirates is not compatible with Islam” (Somali parliament blocks ).

References

J. David Goodman, Piracy Reached Record Level in 2010, Monitors Say, N.Y.
Times
, Jan. 18, 2011, http://www.nytimes.com/2011/01/19/world/19pirates.html?_r=1&scp=3&sq=piracy&st=cse

Ashley Hilema, UN expert calls for international maritime piracy court, Jurist, Jan. 25, 2011, http://jurist.org/paperchase/2011/01/un-expert-calls-for-international-maritime-piracy-court.php

Carol Huang, Pirates must be pursued in court: UAE, The National, Jan. 18, 2011, http://www.thenational.ae/news/uae-news/pirates-must-be-pursued-in-court-uae

Dana Hughes & Luis Martinez, Piracy Watchdogs Urges Navies to Fight Back: Shipping Companies Must Protect Themselves, abc News International,
Nov. 20, 2008, http://abcnews.go.com/International/LegalCenter/story?id=6292014&page=1

In Race between Pirates and International Community, Pirates Clearly Winning, Secretary-General’s Top Legal Adviser on Piracy Warns Security Council; Secretary-General’s Top Legal Adviser on Piracy Warns Security Council; Pirates Expanding Geographic Reach in More Sophisticated, Better Organized; Attacks, Says Jack Lang, Seeking Prosecution of Sea-borne Raids in Domestic Courts, MMD Newswire, Jan. 26, 2011, available at http://www.mmdnewswire.com/pirates-and-international-community-21822.html

Piracy at Sea, N.Y. Times, Nov. 10, 2010, http://topics.nytimes.com/top/reference/timestopics/subjects/p/piracy_at_sea/index.html?scp=1-spot&sq=piracy&st=cse

Somali parliament blocks piracy bill, AFP, Jan. 18, 2011, http://www.google.com/hostednews/afp/article/ALeqM5i2QbSCR4BfNi5QBWSVR-p0FdgdnQ?docId=CNG.3644556712427d17d7316b43638ff444.851

Sean Yoong, Malaysia, SKorea seek to charge 12 Somali pirates, The
Associated Press
, Jan. 25, 2011, http://www.washingtonpost.com/wp-dyn/content/article/2011/01/25/AR2011012500587.html

World News: Haitian Religious Leaders targeted by frightened believers

In Haiti, Voodoo is a constitutionally protected religion practiced by about half of the population; roughly the same percentage of the population can read. Many citizens lack the degree of education needed to understand the spread of cholera. By contrast, local beliefs about the powers wielded by Voodoo priests are strong and pervasive. As a result, Voodoo priests are becoming scapegoats for the epidemic, because many citizens believe they are using their powers of Witchcraft to spread the disease.

The local police have been unwilling or unable to stop the lynchings, and the Minister of Communications has called for the  implementation of widespread public health education about the spread of cholera, which she believes will bring these killings to an end.

According to the CIA world fact book, the life expectancy for Haitians is about 30 years.

For more  on this topic:

Center for Global Legal Studies— Recent Acquisitions

Antigone: Texte Original, Introduction et Notes
David I. Grossvogel
PQ2601.N67 A63 1959 (Course Reserve)
ThomCat

Beyond the Boycott: Labor Rights, Human Rights, and Transnational Activism
Gay W. Seidman
HD8943 .S44 2009
ThomCat | Amazon.com

China’s Long March toward Rule of Law
Randall Peerenboom
KNQ2025 .P44 2002 (Course Reserve)
ThomCat | Amazon.com

French Criminal Law
Catherine Elliott
KJV7979 .E435 2001
ThomCat | Amazon.com

Global Unions: Challenging Transnational Capital through Cross-Border Campaigns
edited by Kate Bronfenbrenner
HD6475.A1 G57 2007
ThomCat | Amazon.com

International Encyclopaedia of Laws. Civil Procedure
edited by Paul Lemmens
K2205 .I584 1994-
ThomCat | Amazon.com

Iran Awakening: A Memoir of Revolution and Hope
Shirin Ebadi with Azadeh Moaveni
KMH110.I23 A3 2006 (Course Reserve)
ThomCat | Amazon.com

The Pianist
Produced by Roman Polanski, Robert Benmussa, Alain Sarde; screenplay by Ronald Harwood
VIDEO PN1995.9.B55 P536578 2002 (Course Reserve)
ThomCat | Amazon.com

The Pianist: The Extraordinary Story of One Man’s Survival in Warsaw, 1939-4
Wadysaw Szpilman; with extracts from the diary of Wilm Hosenfeld; foreword by Andrzej Szpilman
DS135.P63 S94713 1999 (Course Reserve)
ThomCat | Amazon.com

Reading Lolita in Tehran: A Memoir in Books
Azar Nafisi
PE64.N34 A3 2003 (Course Reserve)
ThomCat | Amazon.com

Sophocles
Translated and with an introduction by David Grene
PA4414.A1 G7 1991 (Course Reserve)
ThomCat | Amazon.com

Two Women
Produced by Arta Film & Arman Film; written and directed by Tahmineh Milani
VIDEO PN1997 .T862 1998 DVD-ROM (Course Reserve)
ThomCat | Amazon.com

Library Highlights: International Law

Fundamental Perspectives on

International Law

William R. Slomanson

KZ 3180 .S59 F86 2011

From the Publisher: In a fairly succinct treatment, FUNDAMENTAL PERSPECTIVES ON INTERNATIONAL LAW provides a unique mix of cases, articles, documents, text, charts, tables, and questions. The key concepts of international law are introduced through thoroughly up-to-date content. Important cases are continually updated on the author’s website. The text is complemented by numerous review problems.

Decoding International Law: Semiotics and the Humanities

Susan Tiefenbrun

K213  .T53 2010

From the Publisher: Violations of international law and human rights laws are the plague of the twentieth and twenty-first centuries. People’s inhumanity to people escalates as wars proliferate and respect for human rights and the laws of war diminish. In Decoding International Law: Semiotics and the Humanities , Professor Susan Tiefenbrun analyzes international law as represented artfully in the humanities. Mass violence and flagrant violations of human rights have a dramatic effect that naturally appeals to writers, film makers, artists, philosophers, historians, and legal scholars who represent these horrors indirectly through various media and in coded language. This reader-friendly book enables us to comprehend and decode international law and human rights laws by interpreting meanings concealed in great works of art, literature, film and the humanities. Here, the author adopts an interdisciplinary method of interpretation based on the science of signs, linguistics, stylistics, and an in-depth analysis of the work’s cultural context. This book unravels the complexities of such controversial issues as terrorism, civil disobedience, women’s and children’s human rights, and the piracy of intellectual property. It provides in-depth analyses of diverse literary works: Joseph Conrad’s The Secret Agent and the movie Hotel Rwanda (both representing terrorism); Martin Luther King’s Letter from Birmingham Jail ; two documentary films about women and family law in Iran, Divorce Iranian Style and Two Women ; Lisa See’s Snow Flower and the Secret Fan (women’s human rights and human trafficking in China); Uzodinma Iweala’s Beasts of No Nation (shedding light on child soldiering and trafficking in Africa), and much more.

Law Among Nations: An Introduction to Public International Law

Gerhard von Glahn, James Larry Taulbee

KZ 3185 .V66 2010

From the Publisher: Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field’s development and stressing key principles and processes. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law.

International Law for International Relations

edited by Basak Çali

KZ 3410 .I5794 2010

From the Publisher: Due to the increasingly global nature of contemporary politics, it is necessary for students to have a solid grasp of international law. International Law for International Relations provides comprehensive coverage of the different ways to approach the study of international law. Drawing upon the work of internationally renowned academics and practitioners, this cutting-edge anthology identifies key issues within the field. Marked by its lucid presentation of the complexities of international law, this reader is ideal for students who have not who have not previously studied law. It is also suitable for graduate students who are tackling international law for the first time.

Fault Lines of International Legitimacy

edited by Hilary Charlesworth, Jean-Marc Coicaud

KZ 3410 .F38 2010

From the Publisher: Fault Lines of International Legitimacy addresses the following questions: What are the features and functions of legitimacy in the international realm? How does international legitimacy – as exemplified in particular by multilateral norms, organizations, and policies – change over time? What role does the international distribution of power and its evolution have in the establishment and transformation of legitimacy paradigms? To what extent do democratic values account for the growing importance of legitimacy and the increasing difficulty of achieving it at the international and national levels? One of the central messages of the book is that although the search for international legitimacy is an elusive endeavor, there is no alternative to it if we want to respond to the intertwined demands of justice and security and make them an integral and strategic part of international relations.

An Introduction to the Law of the United Nations

Robert Kolb

KZ 4986 .K65 2010

From the Publisher: This work aims to fill a gap in the existing legal literature by presenting a compact, concise but nevertheless panoramic view of the law of the United Nations. Today the organization is at the centre of all multilateral international relations and impossible to avoid. And of course the UN Charter is a foundational document without which modern international law cannot be properly understood. In spite of its importance, this pre-eminent world political organization is poorly understood by the general public, and the extent and variety of its activities is not widely appreciated. Even lawyers generally possess insufficient knowledge of the way its legal institutions operate. Assessments of the organization and judgments about its achievements are consequently frequently distorted. This work is aimed especially at remedying these deficiencies in public and legal understanding, but also at presenting the organization as a coherent system of values and integrated action. Thus the book presents an overarching view of the significance of the UN organization in general, the history of its origins in the League of Nations, the aims and principles of the Charter, governmental agencies, members of the Organization, the non-use of violence and collective security, the peaceful settlement of disputes, and the question of amendments to the Charter. This work will be suitable for students of law and international relations, as well as scholars and those interested in the work and organization of the United Nations.