Law Commons^™

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UC Law SF International Law Review

No abstract provided.

The Origins And Future Of International Data Privacy Law, Julian Schneider

UC Law SF International Law Review

Data privacy law varies widely across jurisdictions worldwide. Amidst sophistries and jurisdictional conflicts between lawmakers in Europe and the United States, a largely unregulated cross-border data industry emerged, prepared to exploit an unaware or overwhelmed general public. Without governmental support, privacy itself is in grave danger. The people, as true bearers of the fundamental right to privacy, must be put back in control of their data by governments that are aware of their ever-conflicting roles as protectors and aggressors. Scholars like Ari Ezra Waldman, in its book “Industry Unbound,” have criticized the common notice and consent approach to privacy as …

Injustice Anywhere: A Comparative Law Analysis Of Saudi Arabia’S Criminal Justice System, Cooper C. Millhouse

UC Law SF International Law Review

A narrow understanding of other nations’ judicial systems begets unsupported assumptions about the way a justice system should operate. While many western commenters have publicized the failures of Middle Eastern societies to protect individual rights, much of the existing literature fails to analyze the legal structures which perpetuate injustice and the motivations that keep the institutions in place. This article illuminates the goals Saudi Arabia’s justice system, inspects how those goals parallel the goals of other common law and civil law systems, and evaluates whether Saudi Arabia’s system is able to effectively accomplish its aims.

This article argues that Saudi …

From The Editor-In-Chief, Monica Ratajczak

UC Law SF International Law Review

No abstract provided.

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UC Law SF International Law Review

No abstract provided.

Combatting The Uyghur Genocide Via The Wto’S Public Morals Exception, Connor Stanford Moldo

UC Law SF International Law Review

No abstract provided.

Sovereign Debt Denunciation A Nd Unilateral Insolvency Under International Law: When Is It Lawful?, Ilias Bantekas

UC Law SF International Law Review

Central to our understanding of sovereignty should be the competence of states to determine how their debts are restructured or denounced when the debts considered are odious or illegal. Sovereignty, in this sense, is tantamount to self-determination and the corresponding obligations of states that are absent on the part of creditors when entering into a debt agreement or restructuring process. States owe duties under international law to their own people. Hence, the sanctity of international agreements, whether treaties or contracts, entered by states cannot override these compelling and humancentered state obligations. Otherwise, such agreements would be valued more than human …

Extraterritorial Application Of Antitrust Law, International Comity, And Scope Of Remedies: Considering The Nature Of The Product And Service In Addition To The Effect In The Relevant Market, Annie Soo Yeon Ahn

UC Law SF International Law Review

This Article proposes that the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be closely considered for analyzing international comity and deciding the scope of remedies in antitrust cases. These factors should be considered in addition to the effect in the relevant market when determining whether there is an extraterritorial application of antitrust law under the Foreign Trade Antitrust Improvements Act. Specifically, the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be …

Masthead

UC Law SF International Law Review

No abstract provided.

From The Editor-In-Chief, Monica Ratajczak

UC Law SF International Law Review

No abstract provided.

The Certainty-Severity Tradeoff In Antitrust Law And Administration: Where The United States And India Differ, Akhil Sud

UC Law SF International Law Review

In this paper, I use the certainty-severity tradeoff as my analytical lens—a novel move in antitrust—to explain the difference between U.S. and Indian antitrust law. I argue that, in antitrust, India prefers certainty of enforcement while the U.S. prefers severity of enforcement. This difference is not driven by doctrine or economic policy; rather, I locate this difference in six key institutional factors. And using economic theory, I argue that a difference in social attitudes to risk explains and justifies this institutionally-manifested difference in law.

Investment Treaty Arbitration And The Trips Patent Waiver: Indirect Expropriation Analysis Of Covid-19 Vaccine Patents, Jean Paul Roekaert

UC Law SF International Law Review

Intending to promote greater access to Covid-19 vaccines, a group of developing countries submitted a proposal to the World Trade Organization (WTO) recommending a waiver that would temporarily exempt all WTO members from the obligation to comply with Section 5 (Patents) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). If approved, states would be permitted to adopt domestic measures suspending the minimum protections afforded to Covid-19 vaccine patents under the TRIPS Agreement. In this article, I consider whether the owners of Covid-19 vaccine patents may have a compensable indirect expropriation claim under investment treaty arbitration against …

Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge

UC Law SF International Law Review

No abstract provided.

Court Polarization: A Comparative Perspective, Iddo Porat

UC Law SF International Law Review

Polarization is on the rise around the globe. Political views are driven to the poles, and moderate views are weakened. Many studies have been carried out on the increase in social and political polarization, but far fewer on the effects of polarization on constitutional and supreme courts, and none on a comparative or global scale. This Article attempts to fill this gap. It aims, for the first time, to describe and typologize the effects of political polarization on constitutional and supreme courts in different parts of the world.

The Article identifies three models of such effects: mirror polarization (the U.S.) …

From The Editor-In-Chief, Ashlee Raskulinecz

UC Law SF International Law Review

No abstract provided.

Corruption And Merit In The African Higher Education System: Legal, Policy And Sociological Reflections, Cristiano D'Orsi

UC Law SF International Law Review

This article analyses, under legal, political, and sociological aspects, the plight of corruption in Higher Education in Africa. On one side, the fight against corruption on the continent seems to use a growing number of legal instruments, at all levels (international, regional, sub-regional and domestic) on the other hand, however, it clashes against rooted traditions and a common mentality that often seem to justify acts of corruption in African academia. Through my work, I shed light on this, at least apparent, dichotomy and to make a synthesis of the various positions that can be found in Africa regarding this sensitive …

Dam Jurisprudence Of The Supreme Court Of India: Situating The Case Of Mullaperiyar Dam Dispute, S. G. Sreejith

UC Law SF International Law Review

The Mullaperiyar dam dispute between the South Indian states of Kerala and Tamil Nadu, which pertains to the safety of a 126-year-old dam, despite a ruling by the Supreme Court of India to retain the dam, keeps on reappearing before the Court in one way or other. The primary reason for such a recurrence is the fear of 4 million people of Kerala living downstream the century-old dam. Yet the Court has been reluctant to make a final settlement to the dispute and keeps on encouraging the states to find a solution through the political process.

The reluctance of the …

Duty-Free “Apocalypse Insurance”: Revisiting Peter Thiel’S New Zealand Citizenship, Jonathan Barrett

UC Law SF International Law Review

New Zealand has often been imagined as a place of refuge in the event of social, ecological, economic or another catastrophe. The Covid-19 pandemic drew heightened attention to the desirability of access to a remote and temperate country. For ‘preppers’ of Silicon Valley, such access represents a form of apocalypse insurance. Google co-founder Larry Page was able to enter the country, when it was effectively sealed off to outsiders, to secure medical treatment for his child. To the surprise of many, who have been waiting months if not years for their residency applications to be processed, his investor category class …

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UC Law SF International Law Review

No abstract provided.

Masthead

UC Law SF International Law Review

No abstract provided.

A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations, Alice De Jonge

UC Law SF International Law Review

This paper uses a comparative method to analyze China’s evolving Social Credit System (SCS) for corporations, and the political discourse used to portray SCS as a governance tool facilitating Corporate Social Responsibility (CSR) with Chinese characteristics. A modified relational governance framework is used. The importance of relationships (guanxi) in the Chinese business context is that it makes a modified form of the relational governance perspective uniquely appropriate. This study also draws upon evolving literature examining the role of artificial intelligence (AI) in international business contexts.

China’s corporate SCS is explicitly designed to evaluate corporate behavior through a “scoring” system of …

Unilateral Economic Sanctions And Protecting U.S. National Security, Fatemeh Bagherzadeh

UC Law SF International Law Review

Terrorism remains the most important national security concern. Multi-national economic organizations around the world have increasingly established counter-terrorism commissions to assess the magnitude of the threat posed by terrorism. Economic sanctions have been a counter-terrorism measure for many decades and remain an essential tool of U.S. foreign policy and a mechanism to protect the U.S. national security interests. In recent years, the internationalization of terrorism and emergence of non-state terrorist actors has led the U.S. to use smart targeted sanctions to dismantle financial support of terrorism. Yet, conventional country-specific nation-wide sanctions that penalize a single target nation, continue to be …

From The Editor-In-Chief, Liliana A. León Rivera

UC Law SF International Law Review

No abstract provided.

Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model, Omar Vasquez Duque

UC Law SF International Law Review

Chile recently introduced an innovative food warning label system that intends to reduce current overweight and obesity levels among the Chilean population. This initiative has been generally commended worldwide. Chile’s new food labeling system mandates food producers to include a warning label that resembles a stop sign when the product exceeds a certain level of calories, fat, sodium, and sugar per 100 mg. The idea behind this regulation is that by making health risks more salient to eaters with simplified disclosures, people will change their eating behavior.

As a consequence of this new law, many product markets show a clear …

From The Editor-In-Chief, Liliana A. León Rivera

UC Law SF International Law Review

No abstract provided.

The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons, Eric Sokol

UC Law SF International Law Review

Recent cases in the United States, United Kingdom, and Australia have all signaled that international insolvency law is slowly losing traction to more regional proceedings. This can have huge ramifications for creditors of international companies. The past decade has seen much international progress in business insolvencies; with the previous “territorialist” models of regional dismantling giving way to more “universalist” approaches. New trends in these large jurisdictions may herald the discovery of modified universalism’s breaking point, but not its diminishment nor defeat. This healthy prognosis for modified universalism in the U.S., United Kingdom (U.K.), and Australia is further bolstered by a …

The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth, Brittany Wightman

UC Law SF International Law Review

As the five times faster, twenty-five times more robust, 5G network becomes the global standard, behind China’s technological leadership in the space, telecommunications network security is of ever-increasing importance. Since 2016, researchers have observed as China Telecom, a government-controlled telecommunications company with a large global presence, hijacked Internet traffic directed towards financial institutions, government sites, Internet Service Providers (ISPs), and news organizations. The hijacks, which go largely undetected by victims, are possible anywhere a malicious actor has access to the technology that directs information from one location to another across the Internet. As the United States and its allies evaluate …

Masthead

UC Law SF International Law Review

No abstract provided.

Application Of The Child Soldiers Prevention Act To Myanmar: A Case Study In How A Simple Statute Insufficiently Addresses A Complex Problem, Anuradha Lingappa

UC Law SF International Law Review

Congress enacted the Child Soldiers Prevention Act in order to stop public funds from directly supporting armies that use child soldiers. This paper examines how the Act has been applied to Myanmar, where both State and nonstate forces recruit children. Myanmar’s internal conflict illustrates numerous reasons for why children may join armed groups and demonstrates shortcomings in the Act’s approach towards curbing the practice.

Creative Differences: Indigenous Artists And The Law At 20th Century Nation-Building Exhibitions, Lucas Lixinski, Stephen Young

UC Law SF International Law Review

Indigenous peoples in major common law jurisdictions (Australia, Canada, New Zealand, and the United States) have had a fraught relationship with the state’s legal system. However, while denying Indigenous individuals and peoples the same rights as white settlers, each of these states used Indigenous art to create a distinctive national-state identity. We analyze four major exhibitions, one from each of these countries to de-naturalize legal institutions responsible for the oppression of Indigenous people. This agenda-setting, comparative legal analysis yields valuable insights for the regulation of the contemporary Indigenous art market, and to understand how culture makes legal personality.