Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Guns-For-Hire: Chinese Mercenaries On The 21st Century Silk Road, Carl H. Peterson Iv Dec 2020

Guns-For-Hire: Chinese Mercenaries On The 21st Century Silk Road, Carl H. Peterson Iv

Washington International Law Journal

There has been an increased global use of private military contractors (PMCs) since the large-scale American use of them in the wars in Afghanistan and Iraq. This has included an increase in Russian and now Chinese PMCs. As China continues to develop its Belt and Road Initiative (BRI), it is likely that the world will see an increase in the number of Chinese PMCs used to protect these projects. In this event it is important to bring Chinese PMCs into the PMC industry’s most effective private regulatory bodies, as these bodies are often more effective at ensuring ethical PMC conduct …


Enforcing U.S. Foreign Policy By Imposing Unilateral Secondary Sanctions: Is Might Right In Public International Law?, Patrick C.R. Terry Dec 2020

Enforcing U.S. Foreign Policy By Imposing Unilateral Secondary Sanctions: Is Might Right In Public International Law?, Patrick C.R. Terry

Washington International Law Journal

Following the United States’ unilateral withdrawal from the agreement between the five permanent UN Security Council members, the European Union, Germany, and Iran, that intends to stop Iran from acquiring nuclear weapons, the United States has re-imposed and tightened its sanctions against Iran. The United States’ renunciation of the agreement, despite the agreement’s UN Security Council approval and verified Iranian compliance, arguably violated international law. Nevertheless, the United States is attempting to compel the other state parties (and others) to follow its policy on Iran by threatening those states’ companies and business executives with economic or even criminal sanctions to …


Cross-Border Data Flows, The Gdpr, And Data Governance, W. Gregory Voss Jun 2020

Cross-Border Data Flows, The Gdpr, And Data Governance, W. Gregory Voss

Washington International Law Journal

Today, cross-border data flows are an important component of international trade and an element of digital service models. However, they are impeded by restrictions on cross-border personal data transfers and data localization legislation. This Article focuses primarily on these complexities and on the impact of the new European Union (“EU”) legislation on personal data protection—the GDPR. First, this Article introduces its discussion of these flows by placing them in their economic and geopolitical setting, including a discussion of the results of a lack of international harmonization of law in the area. In this framework, rule overlap and rival standards are …


The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei Apr 2020

The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei

Washington International Law Journal

The International Criminal Court was set up as a court of last resort to prosecute the most serious crimes under international law when its member states are either unable or unwilling to act. The African Union initially welcomed the court due to the continent’s history of violence and war. However, their soured when the ICC began indicting African heads of state and government officials. Since then, there has been a constant “battle” over whether such defendants could invoke immunity under customary international law. General criticism of the ICC by the African Union and other observers for its lack of focus …


The Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal: A Legal Misfit In Global Ship Recycling Jurisprudence, Ishtiaque Ahmed Apr 2020

The Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal: A Legal Misfit In Global Ship Recycling Jurisprudence, Ishtiaque Ahmed

Washington International Law Journal

The Basel Convention has tempted developed nations into the practice of exporting hazardous waste into undeveloped nations’ territories simply for money in the name of recycling. Being extremely business unfriendly, particularly for the recycling industry, this convention has not been welcomed by many developing nations, leading to serious policy and legal uncertainty in those jurisdictions. However, in the absence of any dedicated, enforceable international legal instrument, the Basel Convention currently remains the foundation of ship-recycling jurisprudence in the domestic courts of all dominant, ship-recycling states and the rest of the world, and the basis for curbing the movement of end-of-life …