Comparative and Foreign Law Commons^™

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This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded.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 …

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.

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.

The Detention Of Immigration Policy: How States Are Commandeering Dhs Enforcement Guidelines, Brianna Riguera

University of Miami Inter-American Law Review

In 2021, the Department of Homeland Security issued immigration guidelines that de-emphasized detention and removal of non-citizens who, aside from being undocumented, are otherwise contributing members of communities across the United States. However, Arizona, Montana, Ohio, Texas, and Louisiana challenged these guidelines, launching a nuanced legal dispute that concerned states standing under Article III, prosecutorial discretion, and nationwide preliminary injunctions. In United States v. Texas, the Court ruled 8-1 that the states lacked standing and reversed the Fifth Circuit’s nationwide injunction, but the majority opinion failed to address the other legal issues that are pressing on a rife debate about …

Scholarship As Fun, Thomas Schultz

Dalhousie Law Journal

One theme that traverses much of Pierre Schlag’s work is a sense of profound humanity—the idea that thinking and writing about the law can and should be a deeply, genuinely human activity—an activity for which we can, and should, break up many of the barriers that stand between us, between who we really are, and what we think and write. It is an activity for which we should put aside our pretences and insecurities and the attached formalisms and exaggerations behind which we so often hide, and which in the end constrain our humanity so much, as they take on …

American Handling Of Holocaust Property Takings: What We Can Learn From International Policies, Matthew Franks

Brooklyn Journal of International Law

The Supreme Court decision in Federal Republic of Germany v. Philipp and US enforcement of the Foreign Sovereign Immunities Act have made it extremely difficult for Holocaust survivors and their families to recover lost and stolen property from during the World War II era. Other countries, such as the United Kingdom, France, and Germany, have had great success in this arena through various methods. This Note explores the ways in which US jurisprudence continues to make recovery inaccessible, while highlighting the specific processes these few European countries have created to foster recovery. Finally, this Note argues that the US must …

Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis

Brooklyn Journal of International Law

NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …

Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson

Brooklyn Journal of International Law

The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …

Authoritarian Privacy, Mark Jia

Georgetown Law Faculty Publications and Other Works

Privacy laws are traditionally associated with democracy. Yet autocracies increasingly have them. Why do governments that repress their citizens also protect their privacy? This Article answers this question through a study of China. China is a leading autocracy and the architect of a massive surveillance state. But China is also a major player in data protection, having enacted and enforced a number of laws on information privacy. To explain how this came to be, the Article first turns to several top-down objectives often said to motivate China’s privacy laws: advancing its digital economy, expanding its global influence, and protecting its …

Remodeling The Fruitless Link Between The Security Council And The International Criminal Court: Why Amending The Un Charter Could Be The Greatest Tribute International Politics Has Ever Paid To International Law, Mickey Isakoff

Et Cetera

Established in 2002, the International Criminal Court (“ICC”) has become a symbolic cornerstone of international criminal jurisprudence—prosecuting and convicting individuals for the commission of genocide, crimes against humanity, war crimes, and crimes of aggression—collectively referred to as atrocity crimes.

One way the ICC can lawfully exercise jurisdiction is by referral—in the form of a resolution—from the UN Security Council. The language of Charter of the United Nations and the Rome Statute collaborate to provide an avenue for the Security Council to grant the ICC jurisdiction over atrocity crime situations. Such resolutions grant the ICC full jurisdiction over the suspected …

Recognizing And Enforcing Foreign Nation Judgments: The United States And Europe Compared And Contrasted - A Call For Revised Legislation In Florida, Juan Carlos Martinez

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam

Indonesia Law Review

Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste …

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Angelica Paquette

Emory International Law Review Symposia

No abstract provided.

Humour, A Meditation, John Henry Schlegel

Dalhousie Law Journal

Back in 1987 when Critical Legal Studies was still “hot,” I was shopping a piece that was a long review essay on Laura Kalman’s history, Legal Realism at Yale. An acquaintance who was on that faculty invited me to present the piece—which I am still quite proud of—at the workshop he was running. Owen Fiss was the first person to ask a question. He wanted to know whether the piece was “serious” work or whether it was just an elaborate joke. Surprised and bewildered by the question, I answered, “Both.” In response he asserted that unless it were one or …

Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, C. John Cox

SLU Law Journal Online

In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.

Why The Multilateral Investment Court Is A Bad Idea For Africa, Akinwumi Ogunranti

Dalhousie Law Journal

The UNCITRAL Working Group III (WG III) is discussing procedural reforms in the investor state dispute settlement system (ISDS). The ISDS framework is criticized on various grounds, including arbitrator bias, lack of transparency, and inconsistent arbitral decisions. One of the recent reform proposals before the WG III is the possibility of a multilateral investment court (MIC). This proposal is championed by European Union states and supported by Canada. The proposal recommends replacing ISDS’ Ad hoc investment tribunals with an established and permanent court where states appoint judges. This paper examines the MIC reform option and argues that replacing the ISDS …

Show And Tell, Liam Mchugh-Russell

Dalhousie Law Journal

...to break the rules wisely, you have to know the rules well.

–Le Guin, Steering the Craft

I finished my doctorate in June of 2019. Most of my waking hours that late summer and early fall were spent writing and rewriting cover letters, teaching statements, and research agendas (and equity statements, long CVs, short CVs, etc.)—all the variegated materials demanded from applicants to tenure-track positions in North American law faculties. Writing those materials, and integrating the feedback on early drafts that I received from a host of generous peers and colleagues, became an accidental study in the principal subtext of …

Case Of The "Caracazo" V. Venezuela, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Contreras Et Al. V. El Salvador, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Moya Chacón Et Al. V. Costa Rica, Gursimran Bhullar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.