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Ai-Ing The Future: An Analysis Of Past Treaty Features In Regulating Innovative Technologies, Sophia Tammera 2024 William & Mary

Ai-Ing The Future: An Analysis Of Past Treaty Features In Regulating Innovative Technologies, Sophia Tammera

Undergraduate Honors Theses

This thesis examines the relationship between the specific features written into multilateral treaties and their success in regulating innovative technologies. It explores why detailed treaty provisions such as periodic reviews, trigger mechanisms, amendment provisions, and knowledge sharing are critical to the effectiveness of these international agreements. I argue that the presence of these features contributes significantly to a treaty's ability to adapt to changing circumstances, ensure transparency, and facilitate ongoing cooperation and collaboration among signatories. To test this claim, I completed an in-depth case study analysis of technologies like railroads, telegraphs, electricity, and nuclear weapons. The findings indicate that treaties …


Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz 2024 Columbia Law School, Sabin Center for Climate Change Law

Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz

Sabin Center for Climate Change Law

This report synthesizes the latest scientific research on the human health effects of climate change and discusses the legal implications of this research, specifically with regards to State obligations under international law. In doing so, the report seeks to provide insights on issues to be analyzed by the International Court of Justice (ICJ) in its upcoming advisory opinion on the legal obligations of States with respect to climate change. It also seeks to enhance the capacity of judges, advocates, and governments to understand these issues in the context of current and future proceedings involving international law obligations related to climate …


Whiteness As Contract In The Racial Superstate, Marissa Jackson Sow 2024 University of California, Irvine School of Law

Whiteness As Contract In The Racial Superstate, Marissa Jackson Sow

UC Irvine Law Review

Despite the United Nations’ (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies—successfully blocked measures beyond those which gently encourage mere aspiration to racial equity. Moreover, notwithstanding formal guarantees of equal access to justice and accountability for human rights violations, people of African descent and majority Black member states are systematically constructed out of international policymaking authority and legal protections at the UN—leaving them vulnerable to aggression, exploitation, and …


Post-Genocide Peace And Economic Prosperity: The Potential Impact Of Foreign Direct Investment In Bosnia And Herzegovina, Selma Tabakovic 2024 Brooklyn Law School

Post-Genocide Peace And Economic Prosperity: The Potential Impact Of Foreign Direct Investment In Bosnia And Herzegovina, Selma Tabakovic

Brooklyn Journal of International Law

Bosnia and Herzegovina’s political climate and economic conditions have been slow to grow following the end of the genocide. The Dayton Peace Accord, which facilitated the end of the genocide, was useful to stop the gunfire, but it did establish effective rule of law to ensure that Bosnia could thrive independently in the future. Thus, the lack of political and economic reform in Bosnia stifles foreign direct investment (FDI). This note argues that if the Government reforms its court system, entity structure, and economic policies, FDI will increase. By creating a reciprocal relationship, FDI may create lasting prosperity in the …


Fetch The Bolt Cutters: Reflections On Racial Capitalism And The Nafta/Usmca, J. Benton Heath 2024 Brooklyn Law School

Fetch The Bolt Cutters: Reflections On Racial Capitalism And The Nafta/Usmca, J. Benton Heath

Brooklyn Journal of International Law

Using the pecan orchards of West Texas as a starting point, this Article offers a reflection on the utility of racial capitalism as an organizing frame for understanding international trade and trade agreements. The Article is also a tribute to other scholars in this field, whose work long precedes and informs my own. It is an expanded version of a presentation given for an symposium at Brooklyn Law School in October 2023 on Promises and Challenges for the Future of North American Trade, and it is written for readers who may be unfamiliar with this body of work.


American Handling Of Holocaust Property Takings: What We Can Learn From International Policies, Matthew Franks 2024 Brooklyn Law School

American Handling Of Holocaust Property Takings: What We Can Learn From International Policies, Matthew Franks

Brooklyn Journal of International Law

The Supreme Court decision in Federal Republic of Germany v. Philipp and US enforcement of the Foreign Sovereign Immunities Act have made it extremely difficult for Holocaust survivors and their families to recover lost and stolen property from during the World War II era. Other countries, such as the United Kingdom, France, and Germany, have had great success in this arena through various methods. This Note explores the ways in which US jurisprudence continues to make recovery inaccessible, while highlighting the specific processes these few European countries have created to foster recovery. Finally, this Note argues that the US must …


Amending The Foreign Sovereign Immunity Act To Promote Accountability For Violations Of Peremptory Norms Of International Law, Joshua Newman 2024 Brooklyn Law School

Amending The Foreign Sovereign Immunity Act To Promote Accountability For Violations Of Peremptory Norms Of International Law, Joshua Newman

Brooklyn Journal of International Law

The current state of the United States legal system, and international law at large, fails to afford victims of violations of international law with proper redress, when those violations were facilitated by a domestic taking. The Foreign Sovereign Immunity Act provides foreign sovereigns immunity from the jurisdiction of United States courts when those foreign sovereigns effectuate of a violation of international law through domestic takings. Courts have attempted to circumvent the restrictions of the Foreign Sovereign Immunity Act with exceptions such as the genocide exception. Unfortunately, the Supreme Court’s recent decision in Federal Republic of Germany v Philipp renounced the …


Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis 2024 Brooklyn Law School

Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis

Brooklyn Journal of International Law

NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …


Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson 2024 Brooklyn Law School

Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson

Brooklyn Journal of International Law

The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …


Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela 2024 Brooklyn Law School

Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela

Brooklyn Journal of International Law

Lithium has become a valuable commodity and resource globally. The metal’s power generating and storing qualities have directly contributed to the development of the lithium-ion battery, which is primarily used in electric vehicles. As the demand for electric vehicles continuously grows, electric vehicle manufacturers require substantially larger quantities of lithium to ensure their supply meets demand. Thus, manufacturers rely on lithium mining companies to establish mining operations in lithium dense areas and extract tremendous amounts of the element. One country where an abundance of lithium can be found is Argentina. Known as one of the countries comprising the “lithium triangle,” …


Closing Down Access To Asylum: The Illegal Migration Act’S Incompatibility With International Refugee Law, Alexandra Mallory 2024 Brooklyn Law School

Closing Down Access To Asylum: The Illegal Migration Act’S Incompatibility With International Refugee Law, Alexandra Mallory

Brooklyn Journal of International Law

In 2023, the United Kingdom enacted the Illegal Migration Act, implemented to deter individuals from seeking asylum in the United Kingdom. The Illegal Migration Act places a duty on the Secretary of State is to remove all persons who meet certain criteria regardless of whether they make a protection, human rights, slavery, or human trafficking claims. The Act provides a list of countries — Schedule 1 — which it declares to be safe and thus, obliges the Secretary to remove such nationals to their country of origin without consideration of their claim on the merits. This procedural mechanism increases the …


Labor Enforcement In The Us-Mexico-Canada Agreement: Design, Motivation, And Reality, Inu Manak, Alfredo Carrillo Obregon 2024 Brooklyn Law School

Labor Enforcement In The Us-Mexico-Canada Agreement: Design, Motivation, And Reality, Inu Manak, Alfredo Carrillo Obregon

Brooklyn Journal of International Law

The United States-Mexico-Canada Agreement (USMCA) includes a novel feature in the agreement’s dispute settlement provisions: the Rapid Response Labor Mechanism (RRM). The stated purpose of the RRM is to ensure the remediation of a denial of collective bargaining rights for workers in certain covered facilities. Its novelty is that it does not follow the typical labor claims processes as found in previous trade agreements, nor is it structured like traditional state-to-state dispute settlement. Primarily, it provides a means to take swift action against a facility when the complainant deems that a denial of specific labor rights is taking place. Essentially, …


Whose International Law Is It Anyway? The Battle Over The Gatekeepers Of Voluntarism, Shelly Aviv Yeini 2024 University of Haifa

Whose International Law Is It Anyway? The Battle Over The Gatekeepers Of Voluntarism, Shelly Aviv Yeini

Michigan Journal of International Law

International law has been ruled by the theory of voluntarism for the course of the last two centuries. It is currently being challenged by competing theories, which do not see states’ consent as the main justification for international law. The theories of naturalism, international constitutionalism, and communitarianism all consider justification for international law to lie elsewhere than the realm of consent. While each theory provides a different framework for explaining the validity of international law, they all seek to justify their dissent from consent. Naturalism, international constitutionalism, and communitarianism view states as participators in the making of international law alongside …


Power Shift, The South China Sea Dispute, And The Role Of International Law, Youngmin Seo 2024 Embassy of the Republic of Korea in Bangladesh, Doctor of Juridical Science (University of California, Berkeley School of Law)

Power Shift, The South China Sea Dispute, And The Role Of International Law, Youngmin Seo

Michigan Journal of International Law

The arena of the law of the sea has become a battlefield for Sino-American legal warfare, commonly referred to as “lawfare,” and it is in the tumultuous waters of the South China Sea where this fierce contest of great powers rages. The divergent perspectives on international law, particularly regarding maritime law, between China and the United States stem from the countries’ distinct historical experiences, memories, and outlooks. This inherent disparity in epistemology shapes their comprehension of the fundamental tenets of the United Nations Convention on the Law of the Sea (“UNCLOS”), specifically the conflicting notions of mare clausum and mare …


Authoritarian Privacy, Mark Jia 2024 Georgetown University Law Center

Authoritarian Privacy, Mark Jia

Georgetown Law Faculty Publications and Other Works

Privacy laws are traditionally associated with democracy. Yet autocracies increasingly have them. Why do governments that repress their citizens also protect their privacy? This Article answers this question through a study of China. China is a leading autocracy and the architect of a massive surveillance state. But China is also a major player in data protection, having enacted and enforced a number of laws on information privacy. To explain how this came to be, the Article first turns to several top-down objectives often said to motivate China’s privacy laws: advancing its digital economy, expanding its global influence, and protecting its …


International Implications On Rising Sea Levels And Changing Ofmaritime Borders, Claire O'Brien, Megan Schumm 2024 Ohio Northern University

International Implications On Rising Sea Levels And Changing Ofmaritime Borders, Claire O'Brien, Megan Schumm

Ohio Northern University International Law Journal

No abstract provided.


Trade Laws Between Northern Ireland And The Republic Of Irelandpost Brexit, Claire O'Brien 2024 Ohio Northern University

Trade Laws Between Northern Ireland And The Republic Of Irelandpost Brexit, Claire O'Brien

Ohio Northern University International Law Journal

No abstract provided.


The Chinese International Commercial Court: The “One Stop Shop”Stop To Justice, Christopher McCain, Joseph Phillipps 2024 Ohio Northern University

The Chinese International Commercial Court: The “One Stop Shop”Stop To Justice, Christopher Mccain, Joseph Phillipps

Ohio Northern University International Law Journal

No abstract provided.


Depletion In Investor Confidence Entails Reflection Of Regulators:Viewing The Disclosure Regulation For The Primary Securitiesmarket In Bangladesh In Light Of The Design And Distributionobligations In Australia, S. M. Solaiman 2024 Ohio Northern University

Depletion In Investor Confidence Entails Reflection Of Regulators:Viewing The Disclosure Regulation For The Primary Securitiesmarket In Bangladesh In Light Of The Design And Distributionobligations In Australia, S. M. Solaiman

Ohio Northern University International Law Journal

No abstract provided.


Discovering China’S Free Expression Values, Karen M. Markin 2024 Ohio Northern University

Discovering China’S Free Expression Values, Karen M. Markin

Ohio Northern University International Law Journal

No abstract provided.


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