Archive for ‘Comparative Law’

Populism and Constitutionalism in East-Central Europe

Populism and Constitutionalism in East-Central Europe

By Gábor Halmai.

The recent deviations from the shared values of constitutionalism towards a kind of “populist, illiberal constitutionalism” in East-Central Europe raise the theoretical questions: are populism and illiberalism what the leaders of these backsliding states proud of, reconcilable with constitutionalism? I shall concentrate on a particular version of populism, which is nationalist and illiberal, and mainly present in Hungary and Poland, and in other countries of the region. Most are also members of the European Union, a valued community based on liberal democratic constitutionalism.  The arguments set forth below about East-Central European populist constitutionalism in this paper do not necessarily apply to other parts of Europe (Greece and Spain), Latin-America (Bolivia), or the US, where populism has a different character, and its relationship to constitutionalism is distinct from the Hungarian or the Polish variant. […]

Catalonia’s Independence: Much Worse than Hard Brexit

Catalonia’s Independence: Much Worse than Hard Brexit

By Jose M. de Areilza.

Any decision to leave the European Union carries enormous costs, as witnessed during the current difficult Brexit negotiations. In the United Kingdom, more than a year after the referendum, EU skeptics within both the Conservative and Labor parties have lost the battle against those in favor of maintaining the closest possible ties with the European Union. In time, I believe that many British citizens will demand a second referendum on EU membership out of a desire to avoid exit, right up to the final moments of negotiations next March. […]

Freedom of Movement: the Right to Leave Permanently and the Right to Leave Temporarily

Freedom of Movement: the Right to Leave Permanently and the Right to Leave Temporarily

By Lauren Gillespie.

Man is a migrant species. With modern technology, emigration has lost its permanency, and people ebb and flow through borders. And today states struggle to control the movement of humanity across borders while respecting the right to freedom of movement. In this article, I argue that the international law community split freedom of movement into two distinct rights: namely, the right to leave permanently and the right to leave temporarily. […]

Will China Recognize Same-Sex Marriage? Take a Look at China’s One-Child Policy

Will China Recognize Same-Sex Marriage? Take a Look at China’s One-Child Policy

By Howell Ma.

The legalization of gay marriage is being argued in China right now. It is has been discussed in the society for years, especially after the United States (“U.S.”) Supreme Court Obergefell ruling came out in 2015. Constantly, there are discussions regarding why it is so difficult for the People’s Republic of China (“PRC”) to recognize same-sex marriage while ancient China had relatively more tolerant policies towards same-sex relationships. This article argues the greatest challenge is not the constitutional grounds, but rather social hurdles: traditional Confucian culture, the government’s ignorance of the existence of lesbian, gay, bisexual and transgender (“LGBT”) people in China, and the general mass social views of homosexuality and same-sex marriage in China. […]

Language Challenges in the South China Sea Dispute

Language Challenges in the South China Sea Dispute

By Huanxin Luo.

Due to the number of claimants and the complexity of claims, the South China Sea dispute is deemed as the “mother of all territorial disputes”. In 2013, the Philippines unilaterally filed an arbitration case, requesting the tribunal to adjudge her disputes with China concerning the interpretation and application of the United Nations Convention on the Law of the Sea (UNCLOS). The Philippines’ submissions were detailed about the legitimacy of China’s historic rights claim based on the “nine-dash line”; the status and maritime entitlements of relevant features in the Nanshan Islands. On July 12, 2016, the tribunal rendered its final award, which mostly backed the Philippines’ position. Immediately, the Chinese government reaffirmed her objection, insisting the award is null and void for the tribunal does not have jurisdiction over any of the claims made by the Philippines. […]

Cultural Vandalism and the Islamic State:  Rethinking Our Connection to the Past

Cultural Vandalism and the Islamic State: Rethinking Our Connection to the Past

By Jennifer Morris.

Last spring, I showed the students in my introductory art history class a slide of a lamassu taken from the Citadel of Sargon II in the ancient Assyrian city of Dur Sharrukin (modern Khorsabad, Iraq). They looked bemused as I explained how these colossal man-headed bulls with wings, most of which date to the late eighth century BCE, served as gateway guardians and protective spirits of fortresses and palaces. Their expressions promptly shifted, however, as I showed them an image of a bearded man shrouded in a black tunic chipping off the face of a lamassu with a jackhammer. With gaping mouths and indignantly furrowed brows, they listened as I described how the photo was a still from an Islamic State propaganda video chronicling ISIS militants’ sacking of the museum in Mosul. A moment of silence followed, then somebody piped up: “Let’s nuke ‘em.” […]

Anti-Terrorism and Counter-Extremism in Bangladesh:  From Policy to Grassroots Activism

Anti-Terrorism and Counter-Extremism in Bangladesh: From Policy to Grassroots Activism

By Atif A. Choudhury.

Holey Artisan Bakery is the kind of place where expats cure homesickness by indulging in a range of epicurean delights, while locals (especially kids) grab themselves a treat before fasting hours began. On July 1, during the waning days of Ramadan, seven heavily armed terrorists decided it was a suitable venue to rob 24 innocent people of their lives and to shock a nation of 170 million in the process. […]

A Human Security Approach to Maritime Security in the Gulf of Guinea

A Human Security Approach to Maritime Security in the Gulf of Guinea

By Dr. Ian M. Ralby.

The Gulf of Guinea – the coastal portion of West and Central Africa – is one of the most dynamic regions of the world in terms of both maritime criminal activity, and proactive efforts to counter maritime crime. The waters of the Gulf are plagued by a wide array of challenging threats including piracy, armed robbery at sea, illegal, unreported and unregulated (IUU) fishing, trafficking of all sorts, dumping and other environmental crimes, and oil theft. […]