Boston College International and Comparative Law Review

Articles from Vol. 36, No. 1, Winter

Beyond Revolution: Ending Lawlessness and Impunity during Revolutionary Periods
Abstract: In early 2011, mass protests erupted throughout Libya, political elites defected to form the resistance National Transitional Council, and the international community eventually intervened in the conflict. The result was the ouster of long-ruling...
Erecting New Constitutional Cultures: The Problems and Promise of Constitutionalism Post-Arab Spring
Abstract: Constitutions contain two types of elements: functional and aspirational. The functional elements establish the institutions that comprise the state and the pragmatic rules of governance-the "constitution in practice." Aspirational elements...
Justice for All: American Muslims, Sharia Law, and Maintaining Comity within American Jurisprudence
Abstract: The U.S. Muslim population, although currently only comprising one percent of all Americans, is on the rise. Muslim Americans are largely assimilated, happy with their lives, moderate with respect to divisive issues, and opposed to violence....
Mind the Gap: The Equality Bill and Sharia Arbitration in the United Kingdom
Abstract: The observance of Sharia principles in Islamic arbitration tribunals operating in the United Kingdom has been heralded for its ability to provide Muslim communities with internal, community-based fora for dispute resolution. Although the judgments...
Rethinking Economic Governance: A Naturalistic Cosmopolitan Jurisprudence
Abstract: This Article seeks to develop a frame of reference for comprehending legitimacy structures in emerging global economic governance regimes. To that end, it provides, in contradistinction from positivist and pragmatist approaches, an alternative...
The Fiscal Compact, the "Golden Rule," and the Paradox of European Federalism
Abstract: This Article analyzes the central provision of the recently enacted Fiscal Compact, which directs member states of the European Union (EU) to incorporate into their constitutions a "golden rule"-that is, a requirement that yearly budgets be...
Trapped in China's Shadow? Intellectual Property Protection in Post-WTO-Accession Russia
Abstract: Russia's December 2011 accession to the World Trade Organization means that it has agreed to implement and enforce intellectual property (IP) laws in accordance with the Agreement on Trade-Related Aspects of Intellectual Property. This gives...
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