International Law Commons^™

Is Investment Arbitration An Effective Alternative To Court Litigation? Towards A Smart Mix Of Litigation And Arbitration In Resolving Investment Disputes, Wanli Ma, Michael Faure

Brooklyn Journal of International Law

This article analyzes litigation and arbitration as commonly used methods for dispute resolution, more particularly between foreign investors and host states. It compares investor-state dispute settlement (ISDS) via investor-state arbitration with dispute resolution via domestic courts in the host state. The article adopts a goal-based approach for assessing the effectiveness of international adjudication and analyzes the extent to which the current ISDS system is aligned with its predetermined goals. The article starts by identifying four goals of ISDS: 1) fair and efficient dispute resolution, 2) norm compliance, 3) facilitating the objectives of the investment law regime, and 4) legitimizing the …

Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek

Brooklyn Journal of International Law

For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …

Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken

Brooklyn Journal of International Law

The United States Supreme Court decision in Nestlé USA, Inc. v. Doe effectively closed the door for forced laborers in the global supply chain to sue corporations headquartered in the United States for aiding and abetting in their human trafficking under the Alien Tort Statute. At the same time, however, the European Union and Canada are passing legislative measures that increase corporate accountability for human rights supply chain violations. This note argues that, in light of the Nestlé decision, contracts can be an effective mechanism for corporate accountability in the United States and that multi-national corporations will be incentivized to …

Embracing The End: A Comparative Analysis Of Medical Aid In Dying In Canada And The United States, Joel Krinsky

Brooklyn Journal of International Law

Since the late nineteenth century, debate has unfolded over the use of euthanasia and physician-assisted death to alleviate the suffering of individuals with medical illnesses. The controversy surrounding the issue persists and its implications are significant. While most countries prohibit Aid in Dying (AID), legalization of the practice has expanded globally in recent years. Canada and the United States (US) are two such jurisdictions that have expanded access to AID. Canada has federally legalized the practice, which the country refers to as Medical Aid in Dying (MAID), and in 2021, the country expanded the eligibility criteria for individuals seeking access …

Analysis Of Discriminatory Measures From European Union Renewable Energy Directive Ii To Indonesia As A Palm Oil Producer Country, Enrico Denis Sihotang

Indonesia Law Review

On 21 December 2018, the European Union (EU) issued a regulation titled Renewable Energy Directive II (RED II), where the RED II policy introduced the indirect land use change (ILUC) criteria for palm oil. RED II states that palm oil is classified as a commodity with a “ high ILUC risk” type, and as such, the EU will gradually reduce palm oil consumption and no longer use palm oil by 2030. Indonesia brought this issue to WTO in 2020. Indonesia, through its consultation, argued that the RED II is inconsistent with the few provisions of the General Agreement on Tariffs …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Since not all states have the financial and technological abilities to develop this sector, foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energies. Various investment agreements are signed to facilitate and promote investments. These instruments …

Sanctioning Ideas: Alternative International Law Argument In Defence Of Indonesia’S Ideological Curtailment On Societal Organization, Billy Esratian

Indonesia Law Review

Engulfed in a constant ideological challenge from various societal organizations, Indonesia inflicts an ideological curtailment measure as an attempt to defend the reign of its state ideology, Pancasila. To this end, societal organization is barred to actively adopt, develop, and spread any teaching or idea which contradicts Pancasila. From international law standpoint, assertion over the measure’s incompatibility with human rights norms emerges. Although, a portion of the justification conveyed by the Government of Indonesia did stipulate a reference to international human rights law regime by virtue of the invocation of state of emergency and a presumably regional norm, such defence …

Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.

Indonesia Law Review

International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured …

The Feud Of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet And Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle Of Good Faith (Bona Fides) In Indonesian Courts, Yonatan Yonatan, Rosa Agustina

Indonesia Law Review

Abstract

A dispute over ownership of land rights between the real Original Owner and a Good Faith Purchaser can be assumed as a dispute over legal principles in the field of civil law, namely: the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) against the legal principle of good faith (bona fides). The legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) are legal principles …

State Immunity And Inter-State Negotiations On Korean Comfort Women, Dimitris Liakopoulos

Indonesian Journal of International Law

This study aims to analyze the situation of comfort women and the acquired jurisprudence, as well as a comparison regarding slavery and the protection of human rights at the international level. It also examines the protection of human rights, international responsibility, crimes committed with impunity, interstate agreements, state immunity, victim reparation, and international jurisprudence. A comparative method was used to analyze tribunal sentences at the International Court of Justice (ICJ) or the national level of Italian constitutional law. However, international responsibility is important because it helps to protect slavery and human rights. The argument of comfort women includes the right …

From The Editor-In-Chief, Ashlee Raskulinecz

UC Law SF International Law Review

No abstract provided.

Corruption And Merit In The African Higher Education System: Legal, Policy And Sociological Reflections, Cristiano D'Orsi

UC Law SF International Law Review

This article analyses, under legal, political, and sociological aspects, the plight of corruption in Higher Education in Africa. On one side, the fight against corruption on the continent seems to use a growing number of legal instruments, at all levels (international, regional, sub-regional and domestic) on the other hand, however, it clashes against rooted traditions and a common mentality that often seem to justify acts of corruption in African academia. Through my work, I shed light on this, at least apparent, dichotomy and to make a synthesis of the various positions that can be found in Africa regarding this sensitive …

Dam Jurisprudence Of The Supreme Court Of India: Situating The Case Of Mullaperiyar Dam Dispute, S. G. Sreejith

UC Law SF International Law Review

The Mullaperiyar dam dispute between the South Indian states of Kerala and Tamil Nadu, which pertains to the safety of a 126-year-old dam, despite a ruling by the Supreme Court of India to retain the dam, keeps on reappearing before the Court in one way or other. The primary reason for such a recurrence is the fear of 4 million people of Kerala living downstream the century-old dam. Yet the Court has been reluctant to make a final settlement to the dispute and keeps on encouraging the states to find a solution through the political process.

The reluctance of the …

Duty-Free “Apocalypse Insurance”: Revisiting Peter Thiel’S New Zealand Citizenship, Jonathan Barrett

UC Law SF International Law Review

New Zealand has often been imagined as a place of refuge in the event of social, ecological, economic or another catastrophe. The Covid-19 pandemic drew heightened attention to the desirability of access to a remote and temperate country. For ‘preppers’ of Silicon Valley, such access represents a form of apocalypse insurance. Google co-founder Larry Page was able to enter the country, when it was effectively sealed off to outsiders, to secure medical treatment for his child. To the surprise of many, who have been waiting months if not years for their residency applications to be processed, his investor category class …

Masthead

UC Law SF International Law Review

No abstract provided.

(G)Local Intersectionality, Martha F. Davis

Washington and Lee Law Review

Intersectionality theory has been slow to take root as a legal norm at the national level, even as scholars embrace it as a potent analytical tool. Yet, in recent years, intersectionality has entered law and policy practices through an unexpected portal: namely, local governments’ adoption of international norms. A growing number of local governments around the world explicitly incorporate intersectionality into their law and practice as part of implementing international antidiscrimination norms from human rights instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Elimination of All Forms of …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Middle East, Mohamed Hashish, Walid Nabil Taha, Alon Kaplan, Meytal Liberman, Daniel Cooper, David Pfeiffer, Ola Saab, Hassan El Khalil, Kelly Blount, Bashar Malkawi, Delissa A. Ridgway

The Year in Review

No abstract provided.

Mexico, John F. Walsh, Rommy Flores, Sonia Fleury, Carlos A. Bello, Noé Pascacio, Arciria Ireri Oreta Amador, Susan Burns, Diego Alejandro López Martinez, Eduardo Sánchez Madrigal, Yurixhi Gallardo Martinez

The Year in Review

No abstract provided.

Latin America & Caribbean, Mauricio Becerra De La Roca Donoso, José Francisco Mafia, Leonardo Sempértegui

The Year in Review

No abstract provided.

India, Kavita Mohan, Aseem Chawla, Jonathan Blank, Abhishek A. Rastogi, Monisha A. Coelho, Satyajit Gupta, Jaipat S. Jain, Anmabh Choudhary, Aditi Joshi, Assem Chawla, Priyanka Mongia, Poorvi Chothani, Ashwina Pinto, Namrata Patodia Rastogi, Katherine Golden

The Year in Review

No abstract provided.

European Law, James Henry Bergeron, Matthew Soper, John Richards, Adam Obadia, Molly O'Casey, Aaron S Schildhaus, Demetrios Eleftherlou, Bradley Varley, Valeria Camboni Miller, Angélique Devaux, Richard Silberstein

The Year in Review

No abstract provided.

Eurasia/Russia, Kimberly Reed, Sergey Budylin, Thomas Firestone, Maria Grechishkina, Maryna Ilchuk, Dinara Jarmukhanova, Sergey Kim, Natalia Lantanio

The Year in Review

No abstract provided.

China, Athena Jiangxiao Hou, Michael Dewey, Qing Lyu, Wei Huang, Steven Shengxing Yu, Ming Li, Ken Dai, Jingbing Li, Yanling Zheng, Hunter Wenxiong Qiu, Qiuming Chen, Rong Kohtz, Asen Velinov

The Year in Review

No abstract provided.

Canada, Angela E. Springate, Jacqueline R. Bart, John W. Boscariol, Chelsey Colbert, Robert A. Glasgow, Theodore Goloff, Annsley Kesten, Kevin Massicotte, Adam Mauntah, Claire Seaborn, Clifford Sosnow, Petra Stewart

The Year in Review

No abstract provided.

Africa, Tiana Bey, Anne Bodley, Theresa Bowman, Sherri Marie Carr, Michela Cocchi, Johann Ebongom, Mfon Etukeren, Mankah Fombang, Albina Gasanbekova, Ganiyou Gassikia, David Hofisi, Tyler Holmes, Ajani Husbands, Lumela Lumela, Alexandra Meise, Jacques-Brice Momnougui, John Mukum Mbaku, Ivan Allan Ojakol, Kingsley Osei, Amy Reier, Marlyse Sime, Howard Stovall, Jason Tauches, Marc Weitz, Zachary Welch

The Year in Review

No abstract provided.

Epidemics And International Law: The Need For International Regulation, Claudio Grossman

University of Miami International and Comparative Law Review

This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law.2 Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that I …

Back To Basics: How International Election Observation Standards Can Strengthen Democracy In The United States, Ward Evans

Georgia Journal of International & Comparative Law

No abstract provided.