scholarly journals The Law and Policy of Rainwater harvesting: A Comparative Analysis of Australia, India, and the United States

2018 ◽  
Vol 36 (1) ◽  
Author(s):  
Brianne Holland-Stergar
2010 ◽  
Vol 38 (1) ◽  
pp. 43-92 ◽  
Author(s):  
Schuyler Frautschi

AbstractThis article explores HIV-specific laws in Central America: why they exist, where their terms come from, what choices have been made, and what the laws do. Part I outlines the influential work and standards of the U.N. and USAID. Part II presents contours of debate over AIDS law and policy in the United States. Part III reports on the HIV epidemics in Central America. Part IV compares the Central American laws, applying some of the lessons and theories presented in earlier Parts. The article concludes that HIV laws in the region do not function to provide the basis for claims of individual rights or impositions of responsibilities, the way U.S. laws often have. Rather, the Central American laws represent national aspirations toward a reasonable response to the epidemics. Central American aspirations toward safeguarding individual rights, while tracking heightening international standards, nonetheless are profoundly challenged as the epidemic is measured and expands: the law in Nicaragua, with its very low measured incidence of HIV infection, is very “rights” oriented, while the law in Honduras, where HIV incidence is relatively high, is very “duties” oriented.


2020 ◽  
Vol 7 (3) ◽  
pp. 52-80
Author(s):  
S. Khanderia

The outbreak of COVID-19 has severely impacted the performance of contracts across the globe. In some situations, the outbreak may render the performance of contracts impossible as a result of governmental restrictions in the form of national lockdowns to curb the spread of the virus. In other situations, the pandemic may adversely impact the execution of contractual obligations by dramatically affecting the price of the performance and, thus, resulting in hardship or commercial impracticability, while in certain situations the pandemic may be legally construed to not affect the performance of a contract. In domestic contracts, the consequences of such non-performance would depend on the principles of national law. In comparison, agreements with a foreign element (international contracts) are likely to increase the complexity of deciding claims arising from the non-performance of contracts due to the COVID-19 outbreak. The rights and liability of the parties would chiefly depend on the law that will govern the agreement – which differs across the globe. Some contracts would include a force majeure clause to exonerate the parties from performance on the occurrence of an event such as a pandemic. The courts’ interpretations of such force majeure clauses similarly differ across the globe. The laws of some countries would excuse the parties from performing their contractual obligations even if the pandemic resulted in hardship. Others would strictly construe the terms of such clauses and would invalidate them if the occurrence of the pandemic did not make the performance impossible. This paper examines the non-performance of transnational contracts due to the COVID-19 outbreak when they are governed by Indian law. It highlights the situations when an international contract for the sale of goods or services whose performance has been allegedly hindered due to COVID-19 would (a) frustrate and (b) breach the agreement under Indian law. The paper provides a comparative analysis of Indian law with jurisdictions such as France, Germany, Austria, China, the United Kingdom, Australia and the United States to demonstrate that Indian law is not well equipped to deal with complex lawsuits arising due to the non-performance of contracts as a result of the pandemic.


Author(s):  
V. Iordanova ◽  
A. Ananev

The authors of this scientific article conducted a comparative analysis of the trade policy of US presidents Barack Obama and Donald Trump. The article states that the tightening of trade policy by the current President is counterproductive and has a serious impact not only on the economic development of the United States, but also on the entire world economy as a whole.


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