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Lessons From A Small And Troubled Country: Bosnia’S Struggling Judiciary Paints An Ominous Picture For The Future Of The Rule Of Law In The United States, David Pimentel

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

The Ideal Approach To Artificial Intelligence Legislation: A Combination Of The United States And European Union, Dane Chapman

University of Miami Law Review

The evolution of Artificial Intelligence (“A.I.”) from a speculative concept depicted in science fiction to its integration into various aspects of everyday life has brought about complex challenges for contemporary legislators. The proliferation of A.I. technology has led to a growing recognition of the need for regulation, as it poses both promises and threats to society. On the one hand, A.I. has the potential to enhance efficiency in various fields, such as medicine and automation of routine tasks. On the other hand, if left unregulated, A.I. has the potential to undermine democratic principles and infringe upon fundamental rights. Thus, legislators …

Paving A New (Hua)Wei: A Comparative Analysis Of International Approaches To Securing Information And Communication Technology Supply Chains, Jordan Villegas

Catholic University Law Review

Recent amendments to Chinese Intelligence Laws codify affirmative obligations upon domestic companies and citizens alike, namely, that they must assist and support the Chinese Communist Party (CCP) in its intelligence gathering efforts. Coupling these laws with the international prevalence of Huawei, a Chinese telecommunications company comprising two-thirds of 5G equipment outside China, CCP compromised 5G equipment is an unassailable reality. This article explores five intelligence allied nations and how each has respectively addressed the risk posed by Huawei. It argues each nation’s policies are deducible to three primary approaches, categorically including: (1) promulgation of law explicitly excluding Huawei 5G equipment; …

From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer

Touro Law Review

No abstract provided.

Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform …

Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola

University of Miami International and Comparative Law Review

International law has always been contested. In recent years, however, competition between States to influence the trajectory of international law has intensified. Unfortunately, most international lawyers and policy makers still employ an impoverished understanding of the way in which international law is created (i.e., through formal international negotiations or as developed through custom). In this article, I argue that this formalist perspective neglects the foundational role of domestic lawmaking and regulation in the development of international law. Indeed, this paper shows that domestic action has historically been a direct causal antecedent to international legal regimes, and concludes that States must …

The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer

Genocide Studies and Prevention: An International Journal

In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide …

Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat

Penn State Journal of Law & International Affairs

No abstract provided.

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Catholic University Law Review

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for …

A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making, Ryan Harrington

West Virginia Law Review

No abstract provided.

The Present Developments Of Legal Regulations Of Space Activities In Russia And Commonwealth Of Independent States, Elena Kamenetskaya

Akron Law Review

The purpose of this article is to give general information about basic legal documents on the exploration and use of outer space which appeared in Russia and the Commonwealth of Independent States in the recent past.

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

Strategic Globalization: International Law As An Extension Of Domestic Political Conflict, Jide Nzelibe

Northwestern University Law Review

No abstract provided.

The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites

Brooklyn Journal of International Law

On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.

This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …

International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck

Georgia Journal of International & Comparative Law

No abstract provided.

Renegotiating Third World Debt , Arash S. Arabi

Pepperdine Dispute Resolution Law Journal

The debt crisis facing the Third World is one so severe that it threatens to shatter the economy of countless nations and leaves the future of their lenders in doubt. The only viable solution is to come up with an "alternative" method of dispute resolution to deal with the debt crisis - one that is a cross between arbitration and mediation. A disinterested body should be created to recover some, or if possible, all of the outstanding loans owed to financial institutions, while alleviating the extreme hardships the debt and current debt repayment methods have inflicted. It should be noted, …

Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson

Indiana Journal of Global Legal Studies

This article explores the role of transnational adoption in the production of a multicultural but Swedish national body during the second half of the twentieth and the first decade of the twenty-first century, when Sweden became a multiethnic, multicultural, and racially divided country. I examine the development of international adoption policies in the 1970s, 1980s, and 1990s, emphasizing the erasure of the child's connection to a preadoptive past, even as the child's cultural difference was celebrated in adopting nations. In Sweden, which in the late 1970s and early 1980s had the world's highest adoption ratio (number of transnational adoptions per …

Human Security With An Asian Face?, Sung Won Kim

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009

Introduction: Eastphalia Emerging?: Asia, International Law, And Global Governance, David Fidler

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009

When Common Interests Are Not Common: Why The Global Basic Structure Should Be Democratic, Andreas Føllesdal

Indiana Journal of Global Legal Studies

The global constitution-the fundamental international norms and structures that serve constitutional functions-should include mechanisms of democratic contestation and accountability. This central claim of global constitutionalism faces three objections extrapolated from arguments made by Andrew Moravcsik and Giandomenico Majone in debates about the democratic deficit of the European Union (EU): the global constitution only regulates issues of low salience for citizens; democratic control is explicitly counter to the self-binding system that international regulations aim to achieve; and the EU's track record suggests that democratic control at the international level may be unnecessary to ensure congruence between voters' preferences and actual regulations. …

Multilayered Governance, Pluralism, And Moral Conflict, Thomas Cottier

Indiana Journal of Global Legal Studies

The quest for multilayered governance faces the problem of endemic tensions and disagreements in international relations and doubts as to whether nations truly share common values upon which an international society can be solidly built. Values, however, are equally controversial within the nation-state. We find similar tensions within domestic and regional layers of governance. In any system of governance, diverging and competing values are inevitable. There are differences in degree, but not in principle, when comparing traits of domestic and international governance. Legal experience in the fields of human rights and international trade regulation indicates that under such conditions, procedures …

Emerging Global Environmental Governance, N. Brian Winchester

Indiana Journal of Global Legal Studies

Environmental thinking and activism are steadily gaining widespread, even global acceptance, but are often in conflict with economic interests and international politics. Environmental priorities are further challenged by scientific uncertainty involving effects that in some cases will only become manifest far into the future. Nonetheless, accompanying this global environmental awakening has been an extraordinary number of international agreements on a wide range of critical environmental issues. While many of these environmental regimes lack adequate financial support and sanctions for non-compliance, they involve a variety of non-state actors, suggesting meaningful movement towards an evolving, complex form of global environmental governance. Indeed, …

"The Momentous Gravity Of The State Of Things Now Obtaining": Annoying Westphalian Objections To The Idea Of Global Governance, Timothy W. Waters

Indiana Journal of Global Legal Studies

Are there situations in which otherwise attractively complex, sub- and cross-national networks are unlikely to replace the hoary old Westphalian state? Perhaps, but whatever the answer, global governance as a discipline seems to have a hard time fully considering the question. One oft he problems with operationalizing global governance may be the simultaneous profligacy and poverty of the idea itself: its definitional overemphasis on change and consequent inattention to the state's capacity to reconstitute its core functions and thus to achieve a predictable continuity. As a result, for all the excellent work done under its name, global governance as a …

David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe

Human Rights & Human Welfare

A review of:

The United States and the Rule of Law in International Affairs by John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp.

Nigeria's Crisis Of Corruption--Can The U.N. Global Programme Hope To Resolve This Dilemma?, Nicholas A. Goodling

Vanderbilt Journal of Transnational Law

Transparency International consistently rates the levels of corruption in Nigeria among the highest in the world. Pervasive corruption appears to permeate many levels of Nigerian society. The current Nigerian government, however, has taken great steps to combat this problem through cooperation with the U.N. Global Programme.

This Note examines the structure and goals of the Global Programme and evaluates Nigeria's participation in the project. Part I provides a background analysis of corruption, the effects of corruption, and Nigeria's efforts to curb corruption. Part III analyzes the basic structure of the Programme, while Part IV outlines Nigeria's efforts pursuant to the …

The Helms-Burton Act: The Effect Of International Law On Domestic Implementation , W.Fletcher Fairey

American University Law Review

No abstract provided.