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Indonesia And Asean Plus Three Financial Cooperation, Ariswan Gunadi

Indonesia Law Review

Indonesia and ASEAN Plus Three Financial Cooperation is a very well-written book by Eko Saputro. The ASEAN Plus Three Financial Cooperation was established to maintain and strengthen the common objective of its member, particularly in the economic area.1 This book analyzes Indonesia’s current position in East Asia, in the connection with the ASEAN Plus Three Financial Cooperation. Divided into 7 chapters, the book provides an analysis of Indonesia’s role APT financial regionalism with more emphasize on the financial sector instead of education.

Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis

Brooklyn Journal of International Law

At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with a legal …

What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister

Brooklyn Journal of Corporate, Financial & Commercial Law

Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …

Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral

Brooklyn Journal of Corporate, Financial & Commercial Law

Microfinance seeks to eradicate poverty through the economic growth and development that results when seed capital is given to microenterprises. In 2015, Latin America’s microfinance loan portfolio totaled $40 billion USD and included more than twenty-two million borrowers. Due to the current state of microfinance in the region—abusive lending practices and betraying the original goal and purpose of eradicating poverty—this Note advocates for a regional regulatory body, such as the Latin American Microfinance Association, that would develop and assist Latin American countries to implement model legal frameworks that increase client protection, create licensing requirements, establish interest rate caps, and recognize …

Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz

Brooklyn Journal of Corporate, Financial & Commercial Law

The problem of sovereign indebtedness is becoming a worldwide crisis because nations, unlike individuals and corporations, lack access to bankruptcy laws to restructure unsustainable debt. Decades of international efforts to solve this problem through contracting and attempted treaty-making have failed to provide an adequate debt-restructuring framework. A significant amount of outstanding sovereign debt is governed, however, by English law. This Article argues that the U.K. Parliament has the extraordinary power to help solve the problem of unsustainable country debt by changing English law to facilitate fair and consensual debt restructuring. This Article also proposes modifications to English law that Parliament …

Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George

Brooklyn Journal of International Law

Britain’s decision to “Brexit” from the European Union has caused great uncertainty and justified concern with respect to intellectual property laws and investments. Post-Brexit arrangements between the European Union and Britain have not yet been determined, and it is unclear whether these will be settled with respect to intellectual property law before Brexit is due to take effect in 2019. With intellectual property intensive industries accounting for 88 percent of EU imports and 90 percent of EU exports, British-EU intellectual property arrangements are the subject of intense interest worldwide as intellectual property owners and users speculate as to the likely …

Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko

Brooklyn Journal of International Law

In August 2016, after a two-year investigation, the European Commission issued a negative State aid ruling against Ireland, finding that the country had provided illegal tax benefits to Apple Inc. and requesting the government to collect €13 billion in retroactive taxes from the company. This decision sparked a heated debate around the globe about the European Commission’s authority to interfere into the individual EU Member States’ fiscal policies and order retroactive tax recoveries. This Note explores the application of EU State aid rules to tax laws and, in particular, EU Member States’ tax rulings, and discusses the European Commission’s investigations …

United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova

Michigan Journal of International Law

The article starts with a section containing a historical description (Part I). The turn to broader historical accounts is apposite since the engagement of international law with slavery, servitude, and forced labor predates the emergence of international human rights law. It is also important to clarify whether there is any continuity between these earlier engagements of international law and Article 8 of the ICCPR. When it comes to slavery, it is important to consider the practices to which this label was attached and how this still influences the contemporary understanding of the term. Notably, the terminological fragmentation between slavery and …

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …

Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau

Texas A&M Law Review

In a world where global economies are increasingly interdependent, the United States, and its North American counterparts, Canada and Mexico, are booming sources of international trade. Now, more than ever, global competitiveness necessitates developments in U.S. infrastructure, especially at major border crossings where congestion and poor infrastructure create bottlenecks interfering with the free movement of goods. Questions pertaining to international border crossings circle the debate at the most crucial international border crossing in North America: the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan, and Windsor, Ontario. A legal battle rages over the proposed construction of a new …

Evaluating The Cayman Islands Bill Of Rights, Freedoms And Responsibilities: More Evolution Than Revolution, Vaughan Carter

Texas A&M Law Review

Evaluating the Cayman Islands Bill of Rights, Freedoms and Responsibilities: More Evolution than Revolution

Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen

Texas A&M Law Review

Principled negotiation suggests that in any conflict there are interests that motivate a party’s claimed position. Identifying and focusing on these interests instead of the position itself is the best way to solve the underlying conflict, whether it concerns a family quarrel, a business contract, or an international settlement among nations. On the surface of the South China Sea dispute, China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan all make conflicting claims over various features in the South China Sea, particularly the Spratly and Paracel Islands. However, in reality, each nation has particular interests in mind when asserting its claiming …

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …

Editor's Note, Alfred C. Aman, Brandon S. Dawson

Indiana Journal of Global Legal Studies

No abstract provided.

The President's Private Dictionary: How Secret Definitions Undermine Domestic And Transnational Efforts At Executive Branch Accountability, Sudha Setty

Indiana Journal of Global Legal Studies

The 2016 EU-U.S. Privacy Shield is an agreement allowing companies to move customer data between the European Union and the United States without running afoul of heightened privacy protections in the European Union. It was developed in response to EU concerns that the privacy rights of its citizens have been systematically abrogated by the U.S. government in the name of national security, and contains a variety of assurances that the United States will respect and protect the privacy rights of EU citizens.

How trustworthy are the U.S. assurances under the Privacy Shield? Both the Bush and Obama administrations secretly interpreted …

Behavioral Public Choice, U.S. National Security Interests, And Transnational Security Decision Making, David G. Delaney

Indiana Journal of Global Legal Studies

Transnational law both shapes and is shaped by policy decisions of public officials addressing global terrorist threats. These and other interrelated security and human rights concerns challenge executive officials in national governments and international organizations to simultaneously advance the rule of law and pursue other important welfare interests. This Article explores opportunities for transnational executives to improve their work and transnational legal frameworks. It proposes that behavioral insights into decision making and public policy making provide essential lessons for those efforts. The U.S. experience developing new policies to interrogate suspected terrorists following the Al Qaeda attacks of September 2001 provides …

The Internationalization Of Climate Damages Litigation, Michael Byers, Kelsey Franks, Andrew Gage

Washington Journal of Environmental Law & Policy

The annual global costs of climate change in 2010 were estimated at nearly $700 billion. As the costs continue to escalate, discussion is necessarily shifting to who should pay for mitigation and adaption. Many scholars argue that policy considerations and principles of tort law support holding greenhouse gas producers responsible for the costs of climate change. However, legal claims against greenhouse gas producers in the United States have thus far proven unsuccessful. This Article explores two previously overlooked potentialities that could significantly and rapidly alter the landscape for climate change litigation: (1) the emergence of transnational climate change litigation coupled …

International Tax Planning As A Business Driver, Robert A. Agresta

Penn State Journal of Law & International Affairs

No abstract provided.

Fcpa Compliance Should Not 'Cost An Arm And A Leg': Assessing The Potential For Enhanced Cost-Efficiency And Effectiveness For An Anti-Corruption Compliance Program With The Implementation Of An Enterprise Legal Risk Management Framework, Garrick Apollon

Penn State Journal of Law & International Affairs

No abstract provided.

We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy

Penn State Journal of Law & International Affairs

No abstract provided.

China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang

Penn State Journal of Law & International Affairs

No abstract provided.

Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park

Penn State Journal of Law & International Affairs

No abstract provided.

Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi

Penn State Journal of Law & International Affairs

No abstract provided.

Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler

Penn State Journal of Law & International Affairs

No abstract provided.

Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo

Penn State Journal of Law & International Affairs

No abstract provided.

Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza

Penn State Journal of Law & International Affairs

No abstract provided.

Masthead

Penn State Journal of Law & International Affairs

No abstract provided.

Contemporary Writings In A Global Society: Collected Works

Penn State Journal of Law & International Affairs

No abstract provided.

Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher

Georgia Journal of International & Comparative Law

No abstract provided.

Adoption In China: Past, Present And Yet To Come, Margaret Ryznar

Georgia Journal of International & Comparative Law

No abstract provided.