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Full-Text Articles in Law

It’S Time To Turn On The Lights: The Necessary Steps For The Rural Electrification Of Sub-Saharan Africa, John Morris Jan 2020

It’S Time To Turn On The Lights: The Necessary Steps For The Rural Electrification Of Sub-Saharan Africa, John Morris

Notre Dame Journal of International & Comparative Law

While each country in Africa is in a different state of electrification, this Note focuses on the nations of Tanzania and Kenya. Comparatively, in the First World, power generation was a gradual and non-linear process that was slow to perfect. This Note argues that the lack of rural electrification in sub-Saharan Africa will continue without a confluence of investment, support, and regulation. Renewable energy sources (such as solar, wind, and geothermal) seem promising, but none are without their own limitations. The use of mini-grids will play an important role in electricity access for sub-Saharan Africa. This Note advocates that the ...


Masthead Jan 2020

Masthead

Notre Dame Journal of International & Comparative Law

No abstract provided.


Collective Countermeasures In Cyberspace, Jeff Kosseff Jan 2020

Collective Countermeasures In Cyberspace, Jeff Kosseff

Notre Dame Journal of International & Comparative Law

The president of Estonia, Kersti Kaljulaid, has supported the use of collective countermeasures in response to cyberspace crimes. Collective countermeasures would allow an uninjured state to provide guidance or carry out countermeasures on behalf of another state. This Article advocates for collective countermeasures in cyberspace so long as the operations are carefully executed and subject to the same restrictions as individual countermeasures. This Article further finds for the following in favor of limited forms of collective countermeasures: (1) the highly interconnected nature of threats in cyberspace; (2) states with more sophisticated cyber capabilities can leverage for comparative advantages; (3) states ...


An Extraterritorial Human Right To Cybersecurity, Ido Kilovaty Jan 2020

An Extraterritorial Human Right To Cybersecurity, Ido Kilovaty

Notre Dame Journal of International & Comparative Law

Cybersecurity breaches have affected consumers and the landscape of politics globally. Legal developments have been reactive and incomprehensive. The fatal flaws of international law make it an ill-suited solution to these concerns because international law binds state actors and does not give individuals rights. International human rights law, however, provides the best solution because it does provide harmed individuals with rights and mechanisms to seek recourse. Cybersecurity relates to several key areas of human rights law and, therefore, its regulation is well suited to the existing international human rights regulatory scheme. This Article explores the possibility of using international human ...


Letter From The Editor, Brad A. Rocheville Jan 2020

Letter From The Editor, Brad A. Rocheville

Notre Dame Journal of International & Comparative Law

No abstract provided.


Domestic Law Responses To Transnational Cyberattacks And Other Online Harms: Internet Dreams Turned To Internet Nightmares And Back Again, Clive Walker, Ummi Hani Binti Masood Jan 2020

Domestic Law Responses To Transnational Cyberattacks And Other Online Harms: Internet Dreams Turned To Internet Nightmares And Back Again, Clive Walker, Ummi Hani Binti Masood

Notre Dame Journal of International & Comparative Law

Since its utilization has become widespread, the potential of the Internet has often been overshadowed by the harms it’s capable of bringing upon society. Regulation has not yet properly addressed the harms presented to individuals’ cybersecurity and the U.K. has focused and set objectives at a national security level, while ignoring the effects of attacks on individual citizens. This Article considers whether it is possible to create a domestic legal response to transnational cyberattacks and the appropriateness of law to address the threats, as they exist. The law must be efficient, effective, and fair, which are all aims ...


Neutrality In The Modern World: Internet Regulation's Impact On Economics And Society, Sarah Deagostino Jan 2020

Neutrality In The Modern World: Internet Regulation's Impact On Economics And Society, Sarah Deagostino

Notre Dame Journal of International & Comparative Law

In the United States, net neutrality laws prevented service providers from restricting open access to the Internet. In 2017, these laws were repealed and consumers became concerned that Internet providers would take advantage of them through blocking, throttling, and paid prioritization. The trend in the United States, from the rise of the telephone and wire transfer to the rise of the Internet, was toward facilitating access to the Internet for all citizens. This is intended to result in economic advantages for the country, and aid in the development of broadband Internet. Open access to the Internet was regarded as providing ...


Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct, Mary Ellen O'Connell Jan 2020

Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct, Mary Ellen O'Connell

Notre Dame Journal of International & Comparative Law

State cyber misconduct is on the rise, and it can be difficult to differentiate between malicious governmental cyber conduct and active cyber defense. Though some argue that cyberspace is a law-free zone, offensive cyberattacks are almost always unlawful regardless of their purpose. This Article contends that international law can provide for legal boundaries in cyberspace and analogizes cyber misconduct to government actions such as espionage. So long as conditions provided by international law (such as notice, necessity, and proportionality) are met, countermeasures to malicious cyber operations are generally lawful. Cases of urgency may be an exception to this general rule ...


Basel Iii D: Swiss Finish To Basel Iii, Christian M. Mcnamara, Natalia Tente, Andrew Metrick Jan 2020

Basel Iii D: Swiss Finish To Basel Iii, Christian M. Mcnamara, Natalia Tente, Andrew Metrick

Journal of Financial Crises

After the Basel Committee on Banking Supervision (BCBS) introduced the Basel III framework in 2010, individual countries confronted the question of how best to implement the framework given their unique circumstances. Switzerland, with a banking industry that is both heavily concentrated and very large relative to the size of its overall economy, faced a special challenge. It ultimately adopted what is sometimes referred to as the “Swiss Finish” to Basel III—enhanced requirements applicable to Switzerland’s “too-big-to-fail” banks Credit Suisse and UBS that go beyond the base requirements established by the BCBS. Yet the prominent role played by relatively ...


Basel Iii A: Regulatory History, Christian M. Mcnamara, Thomas Piontek, Andrew Metrick Jan 2020

Basel Iii A: Regulatory History, Christian M. Mcnamara, Thomas Piontek, Andrew Metrick

Journal of Financial Crises

From the earliest efforts to mandate the amount of capital banks must maintain, regulators have grappled with how best to accomplish this task. Until the 1980s, regulation had been based largely on discretion and judgment. In the wake of two bank failures, the central bank governors of the G10 countries established the Basel Committee on Banking Supervision (BCBS) and in 1988, the BCBS introduced a capital measurement system, Basel I. The system represented a triumph of the fixed numerical approach, however, critics worried that it was too blunt an instrument. In 1999, the BCBS issued Basel II, a proposal to ...


Internet Extraterritoriality: Has Canada Reached Too Far Beyond Its Borders?, Sydney Wilson Jan 2020

Internet Extraterritoriality: Has Canada Reached Too Far Beyond Its Borders?, Sydney Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


United Nations Guiding Principles On Business And Human Rights: Does The United Kingdom Fulfill The Third Pillar?, Hayley Alexandra Nicolich Jan 2020

United Nations Guiding Principles On Business And Human Rights: Does The United Kingdom Fulfill The Third Pillar?, Hayley Alexandra Nicolich

Georgia Journal of International & Comparative Law

No abstract provided.


¿Marero O Terrorista? Examining The Supreme Court Of El Salvador's Designation Of Gang Members As Terrorists, Karla Martinez Jan 2020

¿Marero O Terrorista? Examining The Supreme Court Of El Salvador's Designation Of Gang Members As Terrorists, Karla Martinez

Georgia Journal of International & Comparative Law

No abstract provided.


Masthead Jan 2020

Masthead

Hastings International and Comparative Law Review

No abstract provided.


Negotiating The Implementation Of Children’S Right To Life With Bashar Al-Assad Regime: International Law And The Syrian Humanitarian Crisis, Yuri Mantilla Jan 2020

Negotiating The Implementation Of Children’S Right To Life With Bashar Al-Assad Regime: International Law And The Syrian Humanitarian Crisis, Yuri Mantilla

Hastings International and Comparative Law Review

No abstract provided.


Please, Hear My Cry: Judicial Interpretation Of Children’S Human Rights Under The Jurisprudence Of The Inter-American Court Of Human Rights, Áquila Mazzinghy Jan 2020

Please, Hear My Cry: Judicial Interpretation Of Children’S Human Rights Under The Jurisprudence Of The Inter-American Court Of Human Rights, Áquila Mazzinghy

Hastings International and Comparative Law Review

This research analyzed human rights violations against the children of the American continent over the past four decades, with a focus on the Latin American states. The research concentrated on the following crimes committed against children: extra-judicial killing, torture, sexual molestation, rape and forced disappearance. It analyzed, compared and organized over 60 judicial cases from the Inter-American Court of Human Rights. The overall research objective was to scrutinize the Court’s judicial interpretation of children’s human rights through direct consideration of the sentences’ text. To perform this objective, this research identified patterns of conduct in state violations of children ...


Italy-Libya Memorandum Of Understanding: Italy’S International Obligations, Elisa Vari Jan 2020

Italy-Libya Memorandum Of Understanding: Italy’S International Obligations, Elisa Vari

Hastings International and Comparative Law Review

No abstract provided.


Capitalist Variations In "Say On Pay": A Look At Corporate Governance Contradictions In Singapore And Hong Kong, Lance Ang Jan 2020

Capitalist Variations In "Say On Pay": A Look At Corporate Governance Contradictions In Singapore And Hong Kong, Lance Ang

University of Pennsylvania Asian Law Review

No abstract provided.


Sustainable Ecolabelled Seafood From The East China Sea: Regional And General Regulatory Regimes, Platinasoka Lin Jan 2020

Sustainable Ecolabelled Seafood From The East China Sea: Regional And General Regulatory Regimes, Platinasoka Lin

SJD Dissertations

The aim of this work is to conduct a systematical review of fisheries management and to be an easy-understood guidebook for building an ecolabelling scheme of fisheries in the East China Sea, and also for Asian countries having plights of lacking good marine scientific research, advanced fisheries management, and public marine conservation awareness.

For this purpose, details of ecolabelling mechanism and the definitions of sustainable seafood are explored and a scoring checklist for ecolabelled seafood is created as a check tool, together with a certification standard named "ProFish." This work examines multiple types of legal documents, among them international conventions ...


Right Of Recourse Claims Based On Latent Defects In The Nuclear Energy Sector In India: Brace Yourself For Fact-Intensive Disputes, M P Ram Mohan, Els Reynaers Jan 2020

Right Of Recourse Claims Based On Latent Defects In The Nuclear Energy Sector In India: Brace Yourself For Fact-Intensive Disputes, M P Ram Mohan, Els Reynaers

University of Pennsylvania Asian Law Review

No abstract provided.


Stanley Surrey And The Transformation Of Administrative Law In Japan, Keigo Fuchi Jan 2020

Stanley Surrey And The Transformation Of Administrative Law In Japan, Keigo Fuchi

University of Pennsylvania Asian Law Review

No abstract provided.


Harry Potter & The "Chinese" Philosopher’S Stone: Deconstructing Copyright Piracy Through Shanzhai, 19 Uic Rev. Intell. Prop. L. 101 (2020), Mark Edward Blankenship Jr. Jan 2020

Harry Potter & The "Chinese" Philosopher’S Stone: Deconstructing Copyright Piracy Through Shanzhai, 19 Uic Rev. Intell. Prop. L. 101 (2020), Mark Edward Blankenship Jr.

The John Marshall Review of Intellectual Property Law

The United States still faces a disconnect with China regarding intellectual property piracy. Particularly, with regards to shanzhai copyrightable works of art, the U.S. labels these fake works as knock-offs, rip-offs, and counterfeits. However, China views shanzhai as a unique form of copying that embraces the “Chinese spirit,” due to its constant modification and hybridization, superior quality, transformativeness, and democratic energies. By understanding the peculiarities of shanzhai, both physical and abstract, as well as China’s copyright law and tradition, this paper proposes ways on how China can improve their copyright laws to improve how shanzhai is perceived and ...


Danning Zhu, How To Improve China’S Approach To Parallel Imports Of Goods Bearing Trademarks, 19 Uic Rev. Intell. Prop. L. 125 (2020), Danning Zhu Jan 2020

Danning Zhu, How To Improve China’S Approach To Parallel Imports Of Goods Bearing Trademarks, 19 Uic Rev. Intell. Prop. L. 125 (2020), Danning Zhu

The John Marshall Review of Intellectual Property Law

Parallel import, also known as grey market goods, refers to the act of importing goods to a country and selling in the country without the permission of the domestic owner of IP vested in the imported goods. The importer can obtain profits through the price differences between parallel imported products and domestic products of the same variety. China and the United States have huge differences in parallel import policies, even though both countries have participated in major international IP treaties. The United States requires that parallel imported goods bearing a genuine trademark or trade name registered in the United States ...


The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira Jan 2020

The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira

CMC Senior Theses

In a region affected by death and destruction brought on by two devastating world wars, the European Union has held peace and economic stability as its primary objective. Since its creation, the EU has expanded both in size and scope, becoming on the largest economic global actors in the world. In recent years, the EU has looked towards expanding its competencies to include common security and defense policies. Efforts on behalf of the EU to further integrate EU members have faced mixed reactions and opposition. One of these policies, the funding, and implementation of a European Union military has been ...


"Turn It, Turn It, For All Is In It": Reflections On Chaim Saiman's Halakhah: The Rabbinic Idea Of Law, Cathleen Kaveny Jan 2020

"Turn It, Turn It, For All Is In It": Reflections On Chaim Saiman's Halakhah: The Rabbinic Idea Of Law, Cathleen Kaveny

Boston College Law School Faculty Papers

After reading Professor Chaim Saiman’s book, Halakhah: The Rabbinic Idea of Law, I have a desire to learn more about halakhah. I have a sense of the questions I want to ask, and the issues I want to pursue, given my own commitments and training, which are both similar to and yet very different from his. Like Professor Saiman, I am a secular lawyer. I am also a Christian theological ethicist. As I worked through the book, I came to see that halakhah has significant overlap not only with canon law, which aims to regulate behavior in the community ...


Developing Fiduciary Culture In Vietnam, Brian Jm Quinn Jan 2020

Developing Fiduciary Culture In Vietnam, Brian Jm Quinn

Boston College Law School Faculty Papers

This Article examines Vietnam’s efforts during the past two and a half decades to build up its legal infrastructure during its transition from a centrally planned to a market economy. In particular, this Article will focus on the development of legal and regulatory infrastructure to support the development of the corporate sector and fiduciary culture in Vietnam. Following the collapse of the Soviet Bloc and Soviet-styled central planning beginning in the late 1980s, transition countries like Vietnam faced immediate and critical challenges to transition to new market oriented models of organization. Currently, this transition from central planning to markets ...


Reds, Whites, And Sulfites: Examining Different Organic Wine Regulation Practices In The United States And The European Union, Ryan Puszka Jan 2020

Reds, Whites, And Sulfites: Examining Different Organic Wine Regulation Practices In The United States And The European Union, Ryan Puszka

Northwestern Journal of International Law & Business

Abstract:

This note examines the history of regulation within the organic wine industry in the U.S. and the E.U. and explores the motivations behind the production of organic wine in these two regions. The variance in the historical significance of wine between these two regions is reflected in the contemporary differences between the two regions’ rules for organic wine certification. In 2012, the U.S. and the E.U. entered into a comprehensive organic equivalency agreement that covered nearly all organic agricultural products but due to significant differences in the two regions’ regulatory schemes concerning the inclusion of ...


Can Smart Contracts Enhance Firm Efficiency In Emerging Markets?, Kevin J. Fandl Jan 2020

Can Smart Contracts Enhance Firm Efficiency In Emerging Markets?, Kevin J. Fandl

Northwestern Journal of International Law & Business

Blockchain technology has the potential to eliminate one of the most significant barriers to economic growth through private business transactions in developing countries—lack of trust. In a typical developed country, individuals and firms conduct transactions within an institutional environment that offers security through the enforcement of agreements. Transparent and effective courts, while imperfect to be sure, enable parties to feel secure in their transactions even if their level of trust in the other party is low. This security, in turn, facilitates transactions far afield from high-trust relationships (e.g., immediate relatives), generating transactions based upon economic value rather than ...


Inefficiency Of Specific Performance As A Contractual Remedy In Chinese Courts: An Empirical And Normative Analysis, Lei Chen, Larry A. Dimatteo Jan 2020

Inefficiency Of Specific Performance As A Contractual Remedy In Chinese Courts: An Empirical And Normative Analysis, Lei Chen, Larry A. Dimatteo

Northwestern Journal of International Law & Business

This article investigates the values and latent policies in the area of the availability of specific performance (SP) as a contractual remedy, which have shaped the development of Chinese law. The National People’s Congress (Legislature) and Supreme People’s Court in China have addressed the remedial structure of Chinese contract law, namely, the availability of the remedy of SP as opposed to the awarding of damages only. The law is clear that the remedies of SP and damages are ordinary remedies that a claimant is free to choose between. The question that this article confronts is whether in practice ...


From The Editor, Anushri Mehta Jan 2020

From The Editor, Anushri Mehta

Hastings International and Comparative Law Review

No abstract provided.