International Law Commons^™

Sunken Efforts? Legal Hurdles To Stemming Maritime Cbrne Proliferation, Arjun Banerjee

International Journal of Nuclear Security

For four centuries, the law of the sea has rested on the principle of mare liberum or the freedom of the high seas. The oceans have traditionally been regarded as areas over which no state could claim dominion or sovereignty. Nations desirous of countering security threats have found that their efforts are curtailed by the traditional paradigm, partly because of the resistance from other states to permit further derogation. Several extant laws aim to contain the spread of CBRN (chemical, biological, radiological and nuclear) material through a variety of measures. Certain bilateral agreements between nations exist, but the foreign vessel …

Masthead

UC Law SF International Law Review

No abstract provided.

Effects Of Japanese Financial Regulations And Keiretsu Style Groups On Japanese Corporate Governance, Ken Kobayashi

UC Law SF International Law Review

No abstract provided.

Combatting Corruption In The “Era Of Xi Jinping”: A Law And Economics Perspective, Miron Mushkat, Roda Mushkat

UC Law SF International Law Review

Pervasive graft, widely observed throughout Chinese history but deprived of proper outlets and suppressed in the years following the Communist Revolution, resurfaced on massive scale when partial marketization of the economy was embraced in 1978 and beyond. The authorities had endeavored to alleviate the problem, but in an uneven and less than determined fashion. The battle against corruption has greatly intensified after Xi Jinping ascended to power in 2012. The multiyear antigraft campaign that has unfolded has been carried out in an iron-fisted and relentless fashion. It has yielded some tangible benefits, yet the negative side of the ledger is …

Systems Of Preferential Tax Treatment In The Eu: A Case Study Of Apple, Inc., Constanza Ortiz

UC Law SF International Law Review

Transfer pricing allows corporations to shift profits from high-tax jurisdictions to low-tax jurisdictions. When employed by multinational corporations, which produce up to 70% of the wordl’s trade, many can shelter billions of dollars in tax havens. This paper explores how this is possible by analyzing the ise of Base Erosion and Profit Shifting Tools in Ireland.

Should The Proud Dragon Repent? A Relative Theory For China’S State Capitalist Banking Sector Based On East Asia’S Experience, Yueh-Ping (Alex) Yang

UC Law SF International Law Review

Amidst the U.S.-China trade war, China’s banking sector, the backbone of China’s economy, plays a key role in this battle. China’s banking sector, however, poses a puzzle to contemporary studies of state-owned banks (“SBs”). According to the property right theory, the mainstream SB theory, SBs are negative for the financial and economic development of an economy because it is susceptible to more serious agency problems, excessive political intervention, and conflict of interest between state regulators and state owners. That said, the economic success of China, whose banks are mostly owned and controlled by the Chinese party-state supports the development theory, …

Incorporating Free, Prior And Informed Consent (Fpic) Into Investment Approval Processes, Kelly Dudine, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Investment approval processes are the gateway through which governments set the agenda for their country’s investment environment. Yet too often these processes fail to incorporate meaningful requirements regarding participation in decision-making by Indigenous and other affected communities, increasing the risk of under-performing and conflict-ridden investments.

Enabling meaningful participation by rights holders and obtaining and maintaining their Free, Prior and Informed Consent (FPIC) throughout different investment approval processes can help governments to fulfill their legal obligations, mitigate financial and political risk, and, ultimately, attract more sustainable land-based investments.

Featuring concrete guidance and drawing on case studies from Kenya, Liberia, Mexico, Peru, …

Don’T Throw Caution To The Wind: In The Green Energy Transition, Not All Critical Minerals Will Be Goldmines, Perrine Toledano, Martin Dietrich Brauch, Solina Kennedy, Howard Mann

Columbia Center on Sustainable Investment Staff Publications

The green energy transition will be exceedingly mineral intensive. Manufacturing solar panels, wind turbine and batteries to power cleaner energies is set to significantly increase the demand for co-called “critical” minerals. Such a forecast prompts high expectations in mineral-rich countries and suggests promising opportunities for developing countries.

However, the projects to increase the primary extraction of critical minerals rest on bullish forecasts and uncertain terrain due to a number of factors explored in the paper that threaten to leave these investments obsolete and economically stranded.

Governments, international actors, and mining advocates seeking to optimize the value of green energy mineral …

Investment Promotion And Facilitation For Sustainable Development, Brooke Guven

Columbia Center on Sustainable Investment Staff Publications

Investment is a critical component of sustainable development. In particular, under the right conditions, foreign direct investment (FDI) can improve economic growth and living standards, create jobs, transfer technology and know-how and result in supply chain upgrading. However, its benefits are not automatic, and, if not carefully governed, investment can result in harm to the environment, labour standards and lead to tax evasion or other undesirable outcomes. Investment promotion and investment facilitation, in turn, can help states attract, expand and retain FDI.

Submission To Bonsucro Re Production Standard V5 (2019-21), Nami Patel, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

In July 2020, CCSI made a formal submission to Bonsucro, an international multi-stakeholder initiative and certification scheme concerned with promoting sustainable sugar cane production. The submission formed part of consultations for Bonsucro’s draft Production Standard version 5. CCSI’s submission focused on challenges associated with implementing, and auditing for compliance with, three aspects of Bonsucro’s draft standard, namely:

• Obtaining the free, prior and informed consent (FPIC) of Indigenous and traditional communities when establishing or expanding sugar production operations
• Implementing transparent and participatory processes to assess, monitor, and evaluate the environmental and social impacts of new and existing projects; and
• Establishing accessible …

From The Editor, Anushri Mehta

UC Law SF International Law Review

No abstract provided.

The Changing Face Of Terrorism And The Designation Of Foreign Terrorist Organizations, Patrick J. Keenan

Indiana Law Journal

In this Article, I take up one slice of what should be a broad re-examination of

U.S. law and policy. I argue that the new attacks have been undertaken by entities

that can and should be designated as foreign terrorist organizations. Doing this would

permit prosecutors to target those who support these entities with tools that are not

currently available. This Article is both a doctrinal argument that directly addresses

the many legal hurdles that make designating groups, such as foreign hackers and

troll farms, terrorist organizations a complicated endeavor, and a policy argument

about how U.S. law and policy …

Eu-China Fta: Enhanced Enforcement And Umbrella Coverage Of Anticorruption, Ron Brown

UC Law SF International Law Review

No abstract provided.

California And The European Union Take The Lead In Data Protection, Dyann Heward-Mills, Helga Turku

UC Law SF International Law Review

No abstract provided.

Toolkit Or Tinderbox? When Legal Systems Interface Conflict, Christie S. Warren

Faculty Publications

No abstract provided.

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …

Book Review: The Uncitral Model Law And Asian Arbitration Laws: Implementation And Comparison, Darius Chan

Research Collection Yong Pung How School Of Law

The project embodied by this book - a comparative survey of how every clause in the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration is implemented across 12 Asian jurisdictions - is as ambitious as it is breathtaking. Yet, if anyone can deliver on this scale, it would be Professor Gary Bell, an expert in arbitration law and practice based at the National University of Singapore (NUS) since 1996. Professor Bell is currently Director of the Asian Law Institute and Director of two NUS LLM programmes: Arbitration and Asian Legal Studies. He enjoys the …

Sidra International Dispute Resolution Survey: 2020 Final Report, Nadja Alexander, Vakhtangi Giorgadze, Allison Goh

Research Collection Yong Pung How School Of Law

The International Dispute Resolution Survey: 2020 Final Report presents the findings of the Singapore International Dispute Resolution Academy’s inaugural examination into the preferences, experiences, practices and perspectives of international dispute resolution users around the globe. The survey examined three major international dispute resolution mechanisms: international commercial arbitration, international commercial mediation, international commercial litigation, as well as hybrid dispute resolution mechanisms such as mediation-arbitration and arbitration-mediation. The survey also inquired into the use of technology in international dispute resolution, such as predictive analytical tools and negotiation support systems, and asked the users to express whether they were satisfied with the use …

The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller

Articles in Law Reviews & Other Academic Journals

Since the 1980s prominent scholars of European legal integration have used the example of U.S. constitutionalism to promote a federal vision for the European Community. These scholars, drawing lessons from developments across the Atlantic, concluded that the U.S. Supreme Court had played a key role in fostering national integration and market liberalization. They foresaw the possibility for the European Court of Justice (ECJ) to be a catalyst for a similar federal and constitutional outcome in Europe. The present contribution argues that the scholars who constructed today’s dominant European constitutional paradigm underemphasized key aspects of the U.S. constitutional experience, including judgments …

Contemporary Practice Of The United States Relating To International Law (114:3 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the July 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.