Archive for ‘Uncategorized’

An Interview with Constitutional Law Scholar Sanford Levinson

An Interview with Constitutional Law Scholar Sanford Levinson

Sanford Levinson and The Comparative Jurist.

What makes it worth looking at other constitutions compared to say, the US Constitution? “One answer to that comes in a Rudyard Kipling poem. ‘What do they know of England who only England know?’ It’s an embarrassing truth that one reason to look at other constitutions, whether next door in Canada or in Tanzania, India, really anywhere, is that you end up learning a lot about the US Constitution that hadn’t occurred to you. You learn what deeply embedded assumptions we have.” [. . .]

Why Gender Equality is not a Zero-Sum Game Implying Loss for Men

Why Gender Equality is not a Zero-Sum Game Implying Loss for Men

By Augusto Lopez-Claros.

The single greatest antidote to poverty and social stagnation is the emancipation of women. Failed economies have been critically analyzed since the early twentieth century, with dedicated researchers analyzing problems ranging from the role of education in poverty alleviation, to the benefits of macroeconomic stability, to the advantages of an open trade system, to the consequences of corruption. The role of women, however, has been relegated to the periphery when assessing the effectiveness of economic policy. […]

Toward the Abolition of Slavery under the Aegis of Islamic Law

Toward the Abolition of Slavery under the Aegis of Islamic Law

By Bernard Freamon.

Slavery and slave trading are both universally abolished, statutorily and very often constitutionally, in all the world’s jurisdictions. . . . Scholars, government officials, diplomats, journalists, and many others were therefore shocked to see that partisans of ISIS, Boko Haram, and, later, Abu Sayyaf, actively employed purported Islamic ideology permitting the enslavement of captives and prisoners of war based on interpretations of core Islamic texts and opinions of medieval and early modern Islamic jurists. . . . The issue of the abolition of slavery in Islamic law is thus a matter of some urgency for observant Muslims, for governments that look to the Sharīʿa for guidance in the formulation of their juridical policies and legal norms, and for scholars and practitioners of Islamic law […]

Can Turkey Realign? The Eastern Mediterranean Test Case

Can Turkey Realign? The Eastern Mediterranean Test Case

By Richard Kraemer.

The question, “Where is Turkey headed?” is one that’s been asked with greater frequency in recent years. What began as this NATO member’s flirtations with the Shanghai Cooperation Organization morphed into President Recip Tayyip Erdogan’s embrace of Vladimir Putin. Many factors led to this geopolitical marriage of convenience between erstwhile enemies: Syria’s civil war, a deep mistrust of the West, and some common economic interests among others. Increasingly coming to the fore of these drivers is the role of energy politics – specifically, the transit and sale of natural gas through and to Turkey. […]

The Conseil Constitutionnel’s decision on the European Charter for Regional or Minority Languages – flawed, yet inevitable?

The Conseil Constitutionnel’s decision on the European Charter for Regional or Minority Languages – flawed, yet inevitable?

By Andrei Dragan.

The French historical predilection for centralization and a unitary state is not a new phenomenon. It is even older than the French Revolution, older than the modern French state itself. Even compared with the Ancien Régime, with its patchwork of feudal and ecclesiastical estates and mosaic of customs and laws, post-Revolutionary France did not represent a break in the process of centralization, but a mere speeding-up of a process that had already started before it was even born. But what made the French understanding of l’état and la nation distinct from its neighbors was its fundamentally assimilationist philosophy which, in the name of egalitarianism, was particularly hostile to differential treatment and dividing France into groups. […]

The German Grundgesetz: Make a Good Constitution, Not War

The German Grundgesetz: Make a Good Constitution, Not War

By Simon Blumenstock.

Modern-day Germany is – for good reasons – not a country known for celebrations of its own successes. In major public perception, anything resembling patriotism evokes memories of the crowds following Adolf Hitler in the horrible so-called Drittes Reich (1933-1945) – some with blinded, most with open eyes. An assumed “ban of patriotism” is one cause for the conflict constantly growing within German society, with left- and right-wing parties and citizens hardly finding common ground anymore. However, the 23rd of May 2019 was one of the rare occasions on which literally every German party and their supporters did agree upon a cause to celebrate German history. That date in 1949, thus 70 years earlier, the Grundgesetz (“basic law”), modern Germany’s constitution, had been proclaimed, coming into effect with the start of the following day. […]

Amending the 2008 Myanmar Constitution

Amending the 2008 Myanmar Constitution

By Kimana Zulueta-Fülscher.

Since independence from Great Britain, Myanmar/Burma has had three different constitutions. The first was signed immediately after independence in 1947, following the “Panglong Agreement” between the Burmese government and three different ethnic groups, the Shan, the Kachin and the Chin. It also aimed to enhance the autonomy of the so-called frontier or ethnic areas vis-à-vis the central government. After the 1962 military coup, two other constitutions entered into force in 1974 and in 2008, respectively. Both of these constitutions were decreed by the Myanmar armed forces, though affirmed in nationwide referendums. The 1974 Constitution was based on the “Burmese Way to Socialism,” and the 2008 Constitution was based on the armed forces’ 2003 “Seven Step Roadmap to Disciplined Democracy.” […]

The Role of Global Institutions When Democracy is Under Siege

The Role of Global Institutions When Democracy is Under Siege

By Augusto Lopez-Claros.

In October of 2018 the Intergovernmental Panel on Climate Change issued a Special Report on Global Warming in which it stated that “limiting global warming to 1.5°C would require rapid, far-reaching and unprecedented changes in all aspects of society.” It noted that we are well on our way to breach that threshold, something that has not happened in over a million years (perhaps longer), taking us into uncharted territory. But climate change is not by any means the only global catastrophic risk that we confront. We, in fact, face a range of unresolved global problems. […]

An Interview with International Criminal Prosecutor Arthur Traldi

An Interview with International Criminal Prosecutor Arthur Traldi

Arthur Traldi and the Comparative Jurist.

“I’ve been fortunate opportunities in this area presented themselves and I have always been passionate about working on very serious criminal cases. I was really lucky to go to William and Mary and then to Georgetown Law – both schools that really encourage interest in the world around them and rigorous, independent thinking about transnational challenges.” […]

The Iraq-Turkey Pipeline Dispute: Opportunity in an Arbitration

The Iraq-Turkey Pipeline Dispute: Opportunity in an Arbitration

By Richard Kraemer. This article was first published on Just Security.

Fatigue and frustration aside, U.S. focus and engagement in Iraq remains critical to the national- and energy-security interests of the United States and its allies. Iraq has increased its oil production by more than half since 2012, and is set to be the world’s third-largest oil producer by 2030. Its proven natural gas reserves are enough to meet, for example, Germany’s present demand for 40 years. Extracting and exporting those resources with the help of U.S. energy companies would produce wins on several fronts: reducing Europe’s and other markets’ energy dependence on Russia, further consolidating America’s energy security, and generating jobs and revenue for the United States. For Iraq, the cost-effective and environmentally responsible extraction of its natural resources would help secure the stability essential for that country’s future prosperity. […]

Black Lies, White Lies and Some Uncomfortable Truths in and of the International Trading System

Black Lies, White Lies and Some Uncomfortable Truths in and of the International Trading System

By Joseph Weiler.

The international trading system is not just about trade in which the only calculus of its worth and importance can be measured in the growth (or otherwise) of aggregate welfare, economically speaking. Since trade, in goods and services, is the principal modality of transnational intercourse, the international trading system and the legal system which undergirds it, reflects and constitutes the concomitant principal modus operandi of peacetime international relations. It is based on a respect for multilateralism and the rule of (international) law. That modus operandi radiates into other spheres of international cooperation, contributing ultimately to stability and peace. […]