Law Commons^™

Nickel Mining In New Caledonia And The Inflation Reduction Act, Hannah Jellema

Georgia Journal of International & Comparative Law

The passage of the Inflation Reduction Act (IRA) marked a step forward for the United States in incentivizing clean energy and reducing national reliance on fossil fuels. However, the IRA’s critical mineral requirement restricts the eligibility of electric vehicles for tax credits based on the origin or processing location of minerals used in electric vehicle batteries. The French territory of New Caledonia contains nickel reserves that would be invaluable to the production of electric vehicle batteries in the U.S. However, under the Inflation Reduction Act’s critical mineral requirement, the use of New Caledonian nickel in electric vehicle batteries may inhibit …

Stimulating Fraud: Comparing The Effectiveness Of Fraud Recovery Mechanisms Between The United States And The United Kingdom Through The Lens Of Public Covid-19 Expenditures, James G. Bozza

Georgia Journal of International & Comparative Law

Fraud committed against the U.S. government is one of the largest costs that taxpayers must bear. The False Claims Act has been the most effective monetary fraud recovery mechanism in history. The question remains, however, of if it will continue to be as useful given modern trends of increased spending. An analysis of the U.S. fraud recovery model compared to the United Kingdom through the lens of Covid-19 expenditures demonstrates both the strengths and weaknesses of the U.S. model and provides reasoning for legislative alteration.

Cleaner Clothes: The Eu Textile Strategy And Sustainability In The Textile Supply Chain, Susanna Monseau, Kaisa Sorsa, Heidi Salokangas

Georgia Journal of International & Comparative Law

No abstract provided.

Untouchable Sovereign Debts: Towards A New Model Of Transitional Justice And Global Finance, Cosmas Emeziem

Georgia Journal of International & Comparative Law

Who bears the cost of peace in societies transitioning from oppressive regimes? Who is responsible for paying back the debts incurred by dictators? These questions are crucial in transitional justice situations, yet the discipline discusses debts and transitional justice separately. While sovereign debts are viewed within markets and global economic frameworks, transitional justice is considered within citizens and human rights frameworks. This approach is flawed as it marginalizes human dignity and social justice considerations.

To rectify this schism, this Article brings these two legal spheres together in an epistemic dialogue using sovereign debt as the point of intersection. In transitional …

International Prescriptive Jurisdiction And American Conflict Of Laws, Eric T. Laity

Georgia Journal of International & Comparative Law

Today’s conflicts law embraces two approaches: an early 20th century approach that chooses between states based on their territory and a mid- century approach that chooses between individual legal rules based on posited governmental interests. Although both approaches have merit, neither is fully conscious of lawmakers’ comprehensive plans for economic and social development and the related matters of institutional competence. As a result, both approaches may lead to unsatisfactory choices of law to govern regulated contracts and relationships.

To produce more satisfying choices of law for regulated contracts and relationships, this Article proposes a third approach to conflicts law. The …

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Unfair Competition: Big Data And The Fight Over Data Privacy, Yekaterina Ko

Georgia Journal of International & Comparative Law

Section 5 of the Federal Trade Commission Act prohibits “unfair methods of competition in or affecting commerce.” While Congress intended Section 5 to play a vital role in the development of competition policy, courts have struggled in applying this vague and ambiguous language, resulting in case- law that lacks certainty and is inconsistently enforced. These difficulties are further highlighted in the context of unfair competition and data privacy.

Data, the currency that our digital world trades in, is largely collected by a small group of companies, Google, Meta, and Amazon. Concerns over how this data is collected and used have …

National Regulatory Framework For Autonomous Vehicles: Why The United States Must Look Abroad To Find Answers, Taylor K. Hainley

Georgia Journal of International & Comparative Law

Automation is in every aspect of our lives. Autonomous cars, or ‘self- driving cars,’ dominate today’s headlines. There is just one problem: the United States’ legislative infrastructure is not suited for these autonomous cars to become commonplace on the roads. The United States’ fractured system results in a maze of state laws that make it difficult for manufacturers to comply. Other countries, like Germany and Singapore, have enacted systems to make the testing and implementation of autonomous cars more efficient. This Note argues that the United States should follow Germany and Singapore’s models by modifying the definition of “driver” and …

Let’S Play God: Commodifying The Human Body, Larkin Carden

Georgia Journal of International & Comparative Law

The global shortage of viable organs for transplantation, exacerbated by the COVID-19 pandemic, highlights a stark contrast between organ donation systems, particularly evident in the United States and Iran. While the United States relies on an altruistic donation system, resulting in millions on its waiting list, Iran's compensation-based approach has nearly eradicated its waitlist. The legal framework of the United States, shaped by property law, historical views on the human body, and federal statutes, complicates its approach to organ donation. The reluctance to grant individual rights to body parts hampers success compared to Iran’s incentivization approach. Beyond learning from Iran’s …

Rethinking Global Distributive Justice: Legal And Economic Norms Addressing Crises Of Global Health, Hunger, And Sustainability, Dr. Benedict Sheehy J.D., Dr. Ying Chen, Dr. Juan Diaz-Granados

Georgia Journal of International & Comparative Law

The increasingly global nature of the events impacting society globally call for a reconsideration of global distributive justice. Distributive justice, a matter of domestic concern, has a long history spanning millennia. It has become a particular concern with the advent of wide-spread private property and capitalism. While a concerted focus on distributive justice commenced in the mid-twentieth century, it is urgent that global distributive justice garners increased attention due to recent events spanning the past decade along with modern political ideologies and jurisprudence.

This Article contests purist theoretical positions by taking pragmatic approaches in reviewing legal and economic governance norms. …

The Creation Of A Climate Club For A Sustainable Economic Future: The Role Of International Economic Law Amidst Geopolitical Confrontation, Dyuti Pandya Ll.M., Rafael Leal-Arcas Ph.D

Georgia Journal of International & Comparative Law

As of late July 2023, the month of July 2023 had become the hottest month ever recorded in history. Heads of the governments of small island states have been outspoken about the existential risk their countries face due to rising sea level as a consequence of climate change. Wildfires are more frequent and more negatively impactful than ever before in different parts of the world. It is no wonder that sustainability has become a buzz word in the media, and policymakers all over the world are, more than ever, focusing on trying to achieve a sustainable future.

A sustainable global …

Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.