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Masthead, 2022 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


From The Editor-In-Chief, Ashlee Raskulinecz 2022 University of California, Hastings College of the Law

From The Editor-In-Chief, Ashlee Raskulinecz

Hastings International and Comparative Law Review

No abstract provided.


Duty-Free “Apocalypse Insurance”: Revisiting Peter Thiel’S New Zealand Citizenship, Jonathan Barrett 2022 University of California, Hastings College of the Law

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

Hastings International and Comparative 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 ...


Corruption And Merit In The African Higher Education System: Legal, Policy And Sociological Reflections, Cristiano D'orsi 2022 University of California, Hastings College of the Law

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

Hastings International and Comparative 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 2022 University of California, Hastings College of the Law

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

Hastings International and Comparative 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 ...


Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta da Silva 2022 American University in Cairo

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home ...


The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix 2022 American University in Cairo

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that ...


The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou 2022 American University in Cairo

The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou

Theses and Dissertations

The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state ...


"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies 2022 CUNY School of Law

"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies

Georgia Journal of International & Comparative Law

No abstract provided.


Conference: The 1972 Stockholm Declaration At Fifty: Reflecting On A Half-Century Of International Environmental Law / International Environmental Law At Its Semicentennial: The Stockholm Legacy / Hosted By The Dean Rusk International Law Center And The Georgia Journal Of International And Comparative Law On October 8, 2021 In Athens, Georgia And Online, Melissa J. Durkee 2022 University of Georgia School of Law

Conference: The 1972 Stockholm Declaration At Fifty: Reflecting On A Half-Century Of International Environmental Law / International Environmental Law At Its Semicentennial: The Stockholm Legacy / Hosted By The Dean Rusk International Law Center And The Georgia Journal Of International And Comparative Law On October 8, 2021 In Athens, Georgia And Online, Melissa J. Durkee

Georgia Journal of International & Comparative Law

No abstract provided.


The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham 2022 University of Georgia School of Law

The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham

Georgia Journal of International & Comparative Law

No abstract provided.


More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne 2022 University of Georgia School of Law

More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne

Georgia Journal of International & Comparative Law

No abstract provided.


Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul McDonough 2022 University of New England School of Law

Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul Mcdonough

Georgia Journal of International & Comparative Law

This Article studies how the adjudicative institutions created by the Inter-American Convention on Human Rights (ACHR) have worked to uphold the rights of persons with disabilities. It argues that those institutions, the Inter-American Commission on Human Rights (the Commission or IACHR) and the Inter-American Court of Human Rights (the Court or IACtHR), have begun to construct a regime of enforceable rights of persons with disabilities by applying international rules and interpretations to fill gaps in a relatively sparse Inter-American disability rights treaty framework. To buttress general principles of equality and non-discrimination with specific rights, the Commission and the Court have ...


The Future Of The Habitual Residence Analysis In The United States Post-Monasky, Katherine A. Fleming 2022 University at Buffalo School of Law

The Future Of The Habitual Residence Analysis In The United States Post-Monasky, Katherine A. Fleming

Buffalo Law Review

No abstract provided.


Combatting Global Sex Trafficking: The United Nations As A Powerless Entity Or An Untapped Resource?, Kimberly M. Lennox 2022 Penn State Law

Combatting Global Sex Trafficking: The United Nations As A Powerless Entity Or An Untapped Resource?, Kimberly M. Lennox

Penn State Journal of Law & International Affairs

No abstract provided.


Currency Manipulation: The Tale Of Missed Jurisdiction And No Regulation, Thomas J. Crociata 2022 Penn State Law

Currency Manipulation: The Tale Of Missed Jurisdiction And No Regulation, Thomas J. Crociata

Penn State Journal of Law & International Affairs

No abstract provided.


Artificial Intelligence/ Machine Learning-Based Medical Devices: Regulatory And Patentability Challenges, May Lee 2022 Penn State Law

Artificial Intelligence/ Machine Learning-Based Medical Devices: Regulatory And Patentability Challenges, May Lee

Penn State Journal of Law & International Affairs

No abstract provided.


Keep The Local Control, Federalize Teacher Prep: Finland's Model Makes The Case For A Nationalized Teacher Certification Program, Audry E. Thompson 2022 Penn State Law

Keep The Local Control, Federalize Teacher Prep: Finland's Model Makes The Case For A Nationalized Teacher Certification Program, Audry E. Thompson

Penn State Journal of Law & International Affairs

No abstract provided.


China's Foreign Investment Law: Moving Toward Greater Liberalization?, Xianjun Feng, Chuanhui Wang 2022 Penn State Law

China's Foreign Investment Law: Moving Toward Greater Liberalization?, Xianjun Feng, Chuanhui Wang

Penn State Journal of Law & International Affairs

No abstract provided.


The International Law And Politics Of The Trump Administration's Iran Policy, Nedim Hogic 2022 Penn State Law

The International Law And Politics Of The Trump Administration's Iran Policy, Nedim Hogic

Penn State Journal of Law & International Affairs

Abstract: Donald Trump’s promise to lead an “America first” foreign policy captured the attention of both American and international legal scholars. This paper aims to join that debate by examining the international legal challenges of Trump administration’s policy towards Iran. It does so by examining two main approaches of the administration: the exercise of unilateral sanctions towards Iran and the negotiation strategy deployed by Donald Trump personally. In examining the former, the paper relies on doctrinal legal research. In examining the latter behavioral approach to international law and economics, I use a relatively novel approach borrowing insights from ...


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