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Articles 1 - 30 of 5236
Full-Text Articles in International Law
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
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
Disputed Territories Across The Globe: A Future Of Peace Or Change?, Angelica Paquette
Emory International Law Review Symposia
No abstract provided.
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.
Humour, A Meditation, John Henry Schlegel
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 …
Show And Tell, Liam Mchugh-Russell
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 …
Why The Multilateral Investment Court Is A Bad Idea For Africa, Akinwumi Ogunranti
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 …
Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein
Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
García Asto And Ramírez Rojas V. Peru, Celene Afari
García Asto And Ramírez Rojas V. Peru, Celene Afari
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Duque V. Colombia, Alondra Gonzalez
Duque V. Colombia, Alondra Gonzalez
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
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.
Case Of The "Caracazo" V. Venezuela, Douglas Clark
Case Of The "Caracazo" V. Venezuela, Douglas Clark
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Contreras Et Al. V. El Salvador, Cristina Tenorio
Contreras Et Al. V. El Salvador, Cristina Tenorio
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Pavez Pavez V. Chile, Rachana Reddi
Pavez Pavez V. Chile, Rachana Reddi
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Moya Chacón Et Al. V. Costa Rica, Gursimran Bhullar
Moya Chacón Et Al. V. Costa Rica, Gursimran Bhullar
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi
Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
A Tale Of Two Subject-To-Tax Rules, Sol Picciotto, Jeffery M. Kadet, Bob Michel
A Tale Of Two Subject-To-Tax Rules, Sol Picciotto, Jeffery M. Kadet, Bob Michel
Articles
In this article, we analyze and compare two proposals for a new subject-to-tax rule (STTR) provision to be included in tax treaties, one from the U.N. Tax Committee and the other from the G20/OECD inclusive framework on base erosion and profit shifting. The U.N. proposal is broad, and would clarify that restrictions in tax treaties on taxation of income at the source where it is derived are conditional on that income being taxed at an agreed-upon minimum rate in the country where it is received. The inclusive framework version is much more limited, being confined to payments between connected entities …
Evolving Sovereignty Relationships Between Affiliated Jurisdictions: Lessons For Native American Jurisdictions, Vaughan Carter, Charlotte Ku, Andrew P. Morriss
Evolving Sovereignty Relationships Between Affiliated Jurisdictions: Lessons For Native American Jurisdictions, Vaughan Carter, Charlotte Ku, Andrew P. Morriss
Faculty Scholarship
Though sovereignty is principally associated with governance over a territory and freedom to act in the international arena, this article examines sovereignty as empowerment. The study tests the applicability to Native American jurisdictions of the experiences of fifteen case study jurisdictions presently associated with the United Kingdom, the Netherlands, and France in shared sovereign relationships. The focus is on the evolution of those relationships and opportunities for development where jurisdictions do not attain full control over their affairs. The case studies examine the relationships from the perspectives of political, economic, and cultural sovereignty. The article further examines the relationships in …
The Origins And Future Of International Data Privacy Law, Julian Schneider
The Origins And Future Of International Data Privacy Law, Julian Schneider
UC Law SF International Law Review
Data privacy law varies widely across jurisdictions worldwide. Amidst sophistries and jurisdictional conflicts between lawmakers in Europe and the United States, a largely unregulated cross-border data industry emerged, prepared to exploit an unaware or overwhelmed general public. Without governmental support, privacy itself is in grave danger. The people, as true bearers of the fundamental right to privacy, must be put back in control of their data by governments that are aware of their ever-conflicting roles as protectors and aggressors. Scholars like Ari Ezra Waldman, in its book “Industry Unbound,” have criticized the common notice and consent approach to privacy as …
Injustice Anywhere: A Comparative Law Analysis Of Saudi Arabia’S Criminal Justice System, Cooper C. Millhouse
Injustice Anywhere: A Comparative Law Analysis Of Saudi Arabia’S Criminal Justice System, Cooper C. Millhouse
UC Law SF International Law Review
A narrow understanding of other nations’ judicial systems begets unsupported assumptions about the way a justice system should operate. While many western commenters have publicized the failures of Middle Eastern societies to protect individual rights, much of the existing literature fails to analyze the legal structures which perpetuate injustice and the motivations that keep the institutions in place. This article illuminates the goals Saudi Arabia’s justice system, inspects how those goals parallel the goals of other common law and civil law systems, and evaluates whether Saudi Arabia’s system is able to effectively accomplish its aims.
This article argues that Saudi …
Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino
Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino
CICLR Online
In recent years, the Indigenous peoples of Brazil have fought a host of legal obstacles to maintain sovereignty over their traditional ancestral lands, in large part owing to the policy imperatives of successive presidential administrations and Congresses that have favored agribusiness interests and commercial development of Brazil’s interior regions at the expense of the Indigenous peoples who live in these areas. The Brazilian Constitution of 1988 guarantees Brazil’s Indigenous peoples legal recognition of their ancestral lands via the “land demarcation” or “official land recognition” process, providing that the federal government shall recognize “their original rights to the lands they traditionally …
Where Custom Dictates: A Comparison Of The Integration Of Customary Law In Nigeria And South Africa As Applicable To Custody And Family Law Dispute, Madelyn Cameron
Where Custom Dictates: A Comparison Of The Integration Of Customary Law In Nigeria And South Africa As Applicable To Custody And Family Law Dispute, Madelyn Cameron
Emory International Law Review
No abstract provided.
Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14
Notre Dame Journal of International & Comparative Law
No abstract provided.
Regulating Dark Patterns, Martin Brenncke
Regulating Dark Patterns, Martin Brenncke
Notre Dame Journal of International & Comparative Law
No abstract provided.
Australia As A Model For Batson Reform, Evan M. Luellen
Australia As A Model For Batson Reform, Evan M. Luellen
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino
The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino
Seattle University Law Review
U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …
Lessons From A Small And Troubled Country: Bosnia’S Struggling Judiciary Paints An Ominous Picture For The Future Of The Rule Of Law In The United States, David Pimentel
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
An Icy Invasion: Russia's Seizure Of The Norwegian Waters In The Arctic, Margaret Turchinski
An Icy Invasion: Russia's Seizure Of The Norwegian Waters In The Arctic, Margaret Turchinski
American University International Law Review
Russia is aiming to expand its power in the Arctic Circle by acquiring unrestricted access to hydrocarbon reserves off the coast of the Norwegian Archipelago of Svalbard. Two bodies of international law govern Svalbard. The Svalbard Treaty of 1920 ascertains Norway’s sovereignty over the archipelago and permits the signatory nations, including Russia, to conduct commercial activities on the land and in the “territorial waters”. The United Nations Convention on the Law of the Sea establishes maritime zones that allow coastal states to claim exclusive rights to their territorial seas and continental shelf. Norway holds that “territorial waters” in the Svalbard …
Exiting The Disaster, Evading The Responsibility? Wadi Al-Qamar -- The Moon Valley, Suzan Nada
Exiting The Disaster, Evading The Responsibility? Wadi Al-Qamar -- The Moon Valley, Suzan Nada
Perspectives
This essay explores a case that delivered no results for the complainants, where harm was not prevented, and where stakeholders who filed the complaint were not compensated. Investigated by the Compliance Advisor Ombudsman (CAO) of the International Finance Corporation (IFC), the Wadi al-Qamar case illustrates some of the limitations of accountability mechanisms in limiting the harms caused directly or indirectly by projects in which the International Financial Institutions (IFIs) invest.