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From The Editor-In-Chief, Liliana A. León Rivera 2021 University of California, Hastings College of the Law

From The Editor-In-Chief, Liliana A. León Rivera

Hastings International and Comparative Law Review

No abstract provided.


Masthead, 2021 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations, Alice de Jonge 2021 University of California, Hastings College of the Law

A Relational Governance Perspective On The Politics Of China’S Social Credit System For Corporations, Alice De Jonge

Hastings International and Comparative Law Review

This paper uses a comparative method to analyze China’s evolving Social Credit System (SCS) for corporations, and the political discourse used to portray SCS as a governance tool facilitating Corporate Social Responsibility (CSR) with Chinese characteristics. A modified relational governance framework is used. The importance of relationships (guanxi) in the Chinese business context is that it makes a modified form of the relational governance perspective uniquely appropriate. This study also draws upon evolving literature examining the role of artificial intelligence (AI) in international business contexts.

China’s corporate SCS is explicitly designed to evaluate corporate behavior through a “scoring ...


Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model, Omar Vasquez Duque 2021 University of California, Hastings College of the Law

Buyer Beware: An Exploratory Assessment Of The Static And Dynamic Effects Of The New Chilean Food Labeling Model, Omar Vasquez Duque

Hastings International and Comparative Law Review

Chile recently introduced an innovative food warning label system that intends to reduce current overweight and obesity levels among the Chilean population. This initiative has been generally commended worldwide. Chile’s new food labeling system mandates food producers to include a warning label that resembles a stop sign when the product exceeds a certain level of calories, fat, sodium, and sugar per 100 mg. The idea behind this regulation is that by making health risks more salient to eaters with simplified disclosures, people will change their eating behavior.

As a consequence of this new law, many product markets show a ...


Unilateral Economic Sanctions And Protecting U.S. National Security, Fatemeh Bagherzadeh 2021 University of California, Hastings College of the Law

Unilateral Economic Sanctions And Protecting U.S. National Security, Fatemeh Bagherzadeh

Hastings International and Comparative Law Review

Terrorism remains the most important national security concern. Multi-national economic organizations around the world have increasingly established counter-terrorism commissions to assess the magnitude of the threat posed by terrorism. Economic sanctions have been a counter-terrorism measure for many decades and remain an essential tool of U.S. foreign policy and a mechanism to protect the U.S. national security interests. In recent years, the internationalization of terrorism and emergence of non-state terrorist actors has led the U.S. to use smart targeted sanctions to dismantle financial support of terrorism. Yet, conventional country-specific nation-wide sanctions that penalize a single target nation ...


Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim 2021 Northwestern Pritzker School of Law

Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim

Northwestern Journal of Law & Social Policy

Current asylum law requires that asylum seekers prove that they have a “well-founded fear of persecution.” However, a “well-founded fear”—the evidentiary standard in asylum cases—has remained ambiguous and difficult to apply in asylum cases. In Cardoza-Fonseca, the Supreme Court held that an asylum seeker can establish a well-founded fear with less than a 50% probability of future persecution. Although the Supreme Court sought to clarify the meaning of a well-founded fear, the decision has complicated the evidentiary standard by implying that it consists of two parts: the subjective component and objective component. The “subjective” component—the asylum seekers ...


England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy 2021 University of Kentucky

England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy

Journal of Natural Resources & Environmental Law

No abstract provided.


الإطار القانوني للحرب الجوية- د. إحسان هندي, 2021 United Arab Emirates University

الإطار القانوني للحرب الجوية- د. إحسان هندي

Journal Sharia and Law

No abstract provided.


Herding History: Law And The Transformation Of Collective Subjectivities In The Dairyspheres Of Ukraine, Monica Eppinger 2021 Saint Louis University, St. Louis

Herding History: Law And The Transformation Of Collective Subjectivities In The Dairyspheres Of Ukraine, Monica Eppinger

Journal of Food Law & Policy

In response to the limitations of socialism and capitalism in meeting basic needs, this article explores the alternative version of modernity offered in post-Soviet Ukraine and its agriculture. Tracing a century of fundamental transformations through the story of milk, it finds a history that troubles universalized framings of indigeneity and colonialism. This article argues that under socialism milk became a product of collectivized effort and a reservoir of household resilience; and then, with post-Soviet disintegration of some forms of collective life and emergence of others, that milk has come to delineate spheres of both collective action and individual striving. This ...


Positive Approach To The Disputes Over The Three Islands Abu Mosa, Tunb Al-Kubra And Tunb Al-Sughra-نظرة موضوعية في النزاع بين إيران ودولة الإمارات العربية المتحدة بشأن الجزر الثلاث, Medwis Fallah Al-Rashidi 2021 University of Kuwait

Positive Approach To The Disputes Over The Three Islands Abu Mosa, Tunb Al-Kubra And Tunb Al-Sughra-نظرة موضوعية في النزاع بين إيران ودولة الإمارات العربية المتحدة بشأن الجزر الثلاث, Medwis Fallah Al-Rashidi

Journal Sharia and Law

The Gulf States have bitterly experienced the horrible and destructive wars of 1980 and of 1991, the underlying reasons of which were territorial claims and counter-claims, according to which none of these recognized principles had been applied in good faith.

Unfortunately, the rise of the imminent danger of a third war can be expected sooner or later, as a result of the building up of the controversy between the Islamic Republic of Iran and the United Arab Emirates (U.A.E.). Concerning the sovereignty over the three islands of Abu Mosa, and of Greater and Lesser Tunb’.

The Iranian claims ...


Status On Killing Of Civil Fighters Participating In Fighting Against Muslims-حكم قتل المدنيين الحربيين حال اشتراكهم في محاربة المسلمين, 2021 United Arab Emirates University

Status On Killing Of Civil Fighters Participating In Fighting Against Muslims-حكم قتل المدنيين الحربيين حال اشتراكهم في محاربة المسلمين

Journal Sharia and Law

This research tackles one of the subjects known nowadays as "Public International Law” or “Internationl Relations Jurisprudence".

It is aimed by this to define Islam provisions related to killing of enemy civilians if they participate in war against Muslims, in addition to consequent religious, civil or penal liability upon the killer of civilians.

It explains that jurisprudents have two main opm10ns in defining the term “non-fighter enemy members" who are defined nowadays as “civilians". The first opinion defines them as Women, children and messengers. The second opinion defines them as "anyone who does not fight due to physical or traditional ...


Neutrality And Cyberspace: Bridging The Gap Between Theory And Reality, Noam Neuman 2021 Israeli Ministry of Justice

Neutrality And Cyberspace: Bridging The Gap Between Theory And Reality, Noam Neuman

International Law Studies

While there exists a broad consensus among States that international law generally applies to the cyber domain, particular views regarding the applicability of the law of neutrality have rarely been put forward, and presently there seems to be insufficient State practice and domain-specific opinio juris in this regard. Against this backdrop, several attempts have been made throughout the years to apply certain neutrality rules to cyberspace by referring to analogies from other domains. However, this legal regime provides an emblematic example of what the introduction of traditional rules of international law, formulated with the physical domains of warfare in mind ...


The Canons Of Social And Economic Rights, Katharine G. Young 2021 Boston College Law School

The Canons Of Social And Economic Rights, Katharine G. Young

Boston College Law School Faculty Papers

Social and economic rights occupy an unsettled place in any global canon of constitutional democracy and human rights. This Article, appearing in a collection of Global Canons in an Age of Uncertainty (S. Choudhry, M. Hailbronner & M. Kumm, eds., OUP) recommends a contender for canonical status, at the same time as it problematizes the search. Insofar as the search for a canon reveals the boundaries of what may be considered exemplary claims of constitutional and democratic practice, the 2000 South African case of Republic of South Africa v. Grootboom is canonical for its treatment of social and economic rights. This ...


Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond 2021 Fordham Law School

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell 2021 Fordham Law School

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...


Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq. 2021 Fordham Law School

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...


"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller 2021 Fordham Law School

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...


The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer 2021 Fordham Law School

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...


The Case For A Climate-Smart Update Of The Africa Mining Vision, Perrine Toledano, Martin Dietrich Brauch, Karan Bhulwaka, Kojo Busia 2021 Columbia Law School, Columbia Center on Sustainable Investment

The Case For A Climate-Smart Update Of The Africa Mining Vision, Perrine Toledano, Martin Dietrich Brauch, Karan Bhulwaka, Kojo Busia

Columbia Center on Sustainable Investment Staff Publications

The 2009 Africa Mining Vision (AMV) provides guidance for the industrialization of African countries by leveraging their mining sector. However, the global context has changed since its adoption. As a result, it does not include guidance on how governments should embrace the climate change agenda as an opportunity for better and further industrialization, deeper linkages, and sustainable development.

There are many ways to look at the implications of international climate change policy for Africa, including through the increased extraction of minerals needed in clean energy application and the greening of mines. The localization of global value chains – induced by a ...


Foreign Cyber Interference In Elections, Michael N. Schmitt 2021 University of Reading

Foreign Cyber Interference In Elections, Michael N. Schmitt

International Law Studies

In the 2020 U.S. elections, Russia authorized and conducted influence operations designed to support former President Trump, although it did not attempt to alter any technical aspect of the voting process. Russia was not alone. Iran mounted a multi-pronged covert influence campaign intended to undercut Trump’s reelection prospects, while other foreign actors–like Lebanese Hizballah, Cuba, and Venezuela–also tried to influence the election. Interestingly, China did not conduct operations designed to alter the outcome, although it did consider doing so. The phenomenon of election meddling, however, extends well beyond the United States to such countries as Austria ...


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