Law Commons^™

Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Nabila Ikhsani Aulia Wibowo

Journal of Private International Law Studies

Korean pop (K-Pop) and its fandom culture have penetrated Indonesia, resulting in a flourishing K-pop product sector. Fansite goods, fan-made merchandise originating in Korea, are one of the most popular merchandise among fans. However, because Indonesian fans' purchasing power is still restricted, many of them resort to copyright infringement of fansite goods in order to either own or gain profit from the merchandise. This article will explain whether fansite goods are protected by copyright from which country, and if so, which jurisdiction and law is applicable to rule on a dispute of fansite goods copyright infringement perpetrated by an Indonesian …

Apostille's Effect On Doing Business In Indonesia, Margaretha Uly Pakpahan

Journal of Private International Law Studies

Legalization through Apostille should simplify the legalization process, doing activities abroad and improving Indonesian economic quality. Legalization is a series of procedures performed to authenticate a signature, stamp or seal which aims to provide a valid status for a public document. The legalization process in Indonesia consists of two steps, namely legalization at the Ministry of Law and Human Rights after which legalization is carried out at the Ministry of Foreign Affairs. Furthermore, the document is shown to the representative of the country intended for legalization. In practice, the legalization process mostly carried out by various agencies in Indonesia, this …

Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa

Journal of Private International Law Studies

This article attempts to shed light on how the United Nations Convention on Contracts of the International Sale of Goods 1980 (CISG) regulates the validity of international sales contracts, using juridical normative research methods through literature studies. According to Article 4(a) of the CISG, the Convention does not govern matters on validity, with certain exceptions. This research shows that CISG governs some matters pertaining to validity: formal validity, initial impossibility of performance, and open-price contracts. As seen from the cases of Forestal Guarani v. Daros International and Geneva Pharmaceuticals v. Barr Laboratories, the CISG allocates those validity issues that do …

Legal Basis And Procedures Unification On Oil Spill Damage Compensation In International Convention On Civil Liability For Oil Pollution Damage (1992) And The International Convention On Civil Liability For Bunker Oil Pollution Damage (2001): On Indonesian International Private Law Perspective, Cindy A. Prasasti, Kania P. Rahmadiani, Fayza N. Muthmainnah

Journal of Private International Law Studies

Oil spills into the sea have always been a major threat to the environment since the increase of oil and hazardous substances trade by sea-going vessels and seaborne craft since the 1960s. Consequently, it became necessary to ensure sufficient compensation for persons who suffer from damage caused by pollution emerging from the discharge of oil from ships. The 1969 International Convention on Civil Liability for Oil Pollution Damage (Civil Liability Convention/CLC) and The 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention) grant compensation for parties suffering from damages of oil pollution. Despite being established as …

The Idea Of Implementing Spiliada Principle For Indonesian Court In Hearing Private International Law Cases, Ranto Sabungan Silalahi

Journal of Private International Law Studies

Indonesia and Singapore are among the ASEAN members and ready to welcome the implementation of the ASEAN Economic Community. The ASEAN Economic Community itself has been planned for a long time and the aim of establishing the ASEAN Economic Community is so that countries that are within ASEAN membership can face the problems of trade and economic activities on a large and global basis. This will certainly increase the number of cross-border transactions and investments between these two nations and other members of the ASEAN community. In reality, the cross-border transactions and investments also involve the Legal Entities and Natural …

Economic Sanctions And Article V(2)(B) Of The New York Convention: A Touchy Interaction Exacerbated By The Ukraine-Russia Conflict, Alberto Pomari

Pepperdine Dispute Resolution Law Journal

States have deployed an unprecedented wave of unilateral sanctions in response to the Russian invasion of Ukraine. They have also escalated the political connotation of economic sanctions by aggressively implementing them extraterritorially. This exercise of lawfare, substituting economic sanctions for armed conflict, raises the question of whether to consider unilateral sanctions elements of public policy within the meaning of Article V(2)(b) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This article seeks to clarify the interplay between Article V(2)(b) and economic sanctions. Explaining the two different approaches that domestic courts implement worldwide, recent court …

Beyond The Borders: The Rise Of Judicial Corruption And Universal Jurisdiction, Rose Mahdavieh

University of Miami Race & Social Justice Law Review

No abstract provided.

Climate Reparations, Benoit Mayer

Nevada Law Journal

No abstract provided.

Humanitarian Intervention, Its Misuse, And A Proposed Solution Throughthe International Court Of Justice, Michael Pappas

Nevada Law Journal

No abstract provided.

Masthead

UC Law SF International Law Review

No abstract provided.

From The Editor-In-Chief, Jacklin Lee

UC Law SF International Law Review

No abstract provided.

A One-State Solution To The Arab- Israeli/Israeli-Palestinian Conflict: A Recommendation Supported By A Review Of The Historical Record And Current Context, Samuel Horowitz

UC Law SF International Law Review

This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded. It then identifies why both the status quo and the proposed two state solution are problematic and untenable. Lastly, it looks to the example of South Africa because of similarities between South Africa and modern day Israel/Palestine. It concludes that the creation of a single state, following the example of post-apartheid South Africa, is the only solution to the conflict that …

Old Wine In A New Bottle? – An Empirical Evaluation Of The Judicial Reforms In China In The 2010s, Peter C.H. Chan

UC Law SF International Law Review

This article provides an empirical evaluation of the effectiveness of the judicial reform measures implemented in China in the 2010s. Among other objectives, the reforms aimed to strengthen the independence of judges, the financial autonomy of courts and the professionalism of adjudicators. Critics have questioned the success of the reforms, citing continued government intervention with adjudication and unchanged structural problems with courts. To date, there has been limited empirical literature focusing specifically on the judicial reform measures in the 2010s in China. This article provides a glimpse into what really was happening on the ground since the reforms through the …

Ccpa/Cpra: Consumers Bear The Burden As Companies Bear The Crown, Jacklin Lee

UC Law SF International Law Review

Examining the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) is important for understanding United States privacy law. They were pioneering legislation in that the CCPA was one of the first comprehensive state-level privacy laws in the United States when it was enacted in 2018, introducing new rights for California residents regarding their personal information and imposed obligations on businesses handling data. The CPRA, passed in 2020, builds upon CCPA and further enhances privacy protections. These laws have served as models for subsequent privacy legislation at both the state and federal levels. They embody key principles …

“Whale Wars” — Are The Japanese Whaling Just Because They Can? A Testament Of Failed International Whaling Policy, Katy Rotzin

UC Law SF International Law Review

This paper analyzes whaling law and practices in Japan. This paper briefly compares Japanese whaling to whaling in Norway and Iceland, as well as Indigenous whaling but mainly focuses on Japan’s domestic ethos around “whaling culture,” their policies, which perpetuate whaling even though the industry is no longer profitable, and their unique relationship with the International Whaling Commission. This paper further analyzes the International Whaling Commission’s main document, the International Convention for the Regulation of Whaling, and its inability to keep rogue nations in check, and recommends that anti-whaling nations combine both soft law and sanctions to pressure Japan to …

Harvesting Justice In The Land Of The Free: A Call For Legislative Reform For Immigrant Farmworker Rights, Leah Burnett

Immigration and Human Rights Law Review

No abstract provided.

Conservation Co-Governance As A Cure: Investigating Aotearoa New Zealand's Conservation Co-Governance Model As A Blueprint For Restoring Navajo Sovereignty In Managing Canyon De Chelly, Shana R. Herman

Villanova Environmental Law Journal

No abstract provided.

Better Late Than Never: Climate Displacement And The Case For Expanding Temporary Protected Status, Anna C. Cincotta

Villanova Environmental Law Journal

No abstract provided.

The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross

Villanova Environmental Law Journal

No abstract provided.

Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Environmental Damage Is A War Crime: Analyzing The Legal Implications Of The Russian Armed Invasion's Environmental Impact On Ukraine, Iryna Rekrut

JCLC Online

As a result of the armed invasion of Ukraine by the Russian

military, Ukraine has suffered extreme environmental damage that

affects both its land and its people. This article explores the

intersection of international law and environmental protection in the

context of armed conflicts, with a specific focus on the Russian armed

invasion of Ukraine. After describing the devastation faced by

Ukraine, this article examines existing frameworks in international

law such as the Rome Statute, the Geneva Conventions, customary

international humanitarian law, and domestic law. This overview

highlights guidelines in these frameworks that render environmental

damage during war impermissible. Despite …

Conflict Related Sexual Violence In Ethiopia: An Applied Approach To Prevention, Liya Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Preventing Conflict-Related Sexual Violence In Ethiopia: An Applied Approach Towards Prevention, Leah Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Shareholders’ Agreements In Public Corporations In Chile: What Are We Missing Out?, Gonzalo Islas, Osvaldo Lagos, Iván Cerda

University of Miami Inter-American Law Review

Shareholders’ agreements are quite common in many jurisdictions. Theory and empirical evidence suggest that they may have a positive or a negative impact on corporate governance structures depending on companies’ characteristics and on the goals that these contracts pursue. Shareholders’ agreements may be used as Control Enhancement Mechanisms (CEM) allowing controllers to circumvent rules that favor minority investors. However, comparing to other CEM, in many countries information regarding them is scarce. Is it necessary that shareholders’ agreements in public corporations be fully informed?

We examine the case of Chile (a country that only requires to inform that a shareholder agreement …

The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens

University of Miami Inter-American Law Review

This Article explores how the D.C. Circuit’s decision in City of Oberlin, Ohio v. FERC (2022) (Oberlin II) will impact future natural gas pipelines and potentially even future hydrogen infrastructure. While the decision reinforced support for integrating North American natural gas infrastructure, given uncertainties in how the United States will regulate the emerging hydrogen industry, there is a chance that the decision could be more expansive than what initially meets the eye. By continuing down the path of supporting North American energy integration, Congress, federal courts, and administrative agencies will help prepare the United States for an uncertain energy future. …

Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian

University of Miami Inter-American Law Review

This Note examines the intersection of corporate accountability, human rights violations, and legal recourse for victims of child slavery in the cocoa industry inspired by the Court’s decision Nestle USA, Inc. v. Doe. This decision further limited the scope of the Alien Tort Statute, hindering the plaintiffs’ quest for justice for international human rights violations. The Note analyzes the decision in Nestle USA, Inc. v. Doe through (1) an examination of the Court’s limitations on the Alien Tort Statute and (2) an analysis of the Canadian Supreme Court’s decision in Nevsun.

Puerto Rico: The Island Of Infringement? An Analysis Of The Intersectionality Of Eleventh Amendment Sovereign Immunity And Federal False Endorsement Claims, Robert Hilton

University of Miami Inter-American Law Review

This Note delves into the complex legal landscape of Puerto Rico’s application of sovereign immunity in the context of federal false endorsement claims, focusing particularly on the recent case involving the unauthorized use of Hall of Fame baseball player Roberto Clemente’s name and likeness. It critically examines the intersectionality of Eleventh Amendment sovereign immunity with the Lanham Act’s Section 43(a), highlighting the challenges faced in enforcing intellectual property rights within unincorporated territories of the United States.

The analysis begins by exploring the historical basis of sovereign immunity and its evolution from common law to the intricacies of the Eleventh Amendment. …

The Holocaust's Legacy: Influencing Jewish Political Identity, Jordan Eskew

Undergraduate Honors Theses

This thesis addresses the intricate relationship between the historical persecution of the Holocaust and its enduring influence on contemporary Jewish political engagement, a subject of significant contemporary relevance in political and international relations. Despite broad recognition of the Holocaust’s impact, the specific ways in which its memory affects Jewish political attitudes and actions around the world in the modern day have not been sufficiently thoroughly examined. Utilizing qualitative methods, including interviews with 20 individuals—public figures, Holocaust survivors, their descendants, and broader members of the Jewish diaspora— this study focuses on understanding the interplay between historical trauma, community cohesion, and the …