Transnational Law Commons^™

United States Distinguished Lecture Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact, James Dehart

Canada-United States Law Journal

No abstract provided.

Tensions And Opportunity In Arctic Development And Stewardship, Cuslj

Canada-United States Law Journal

Adler, Jonathan; Doran, Charles; McCarney, Rosemary; Findlay, Martha Hall; Short, Hugh

Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact: Speaker Biographies, Cuslj

Canada-United States Law Journal

No abstract provided.

Lunchtime Awards Ceremony Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact, Mary Lynn Becker, Roy Norton

Canada-United States Law Journal

No abstract provided.

American Backlash, Canadian Compromise: Are Canadians And Americans Converging Or Diverging? 14th Annual Canada-United States Institute Distinguished Lecture, Michael Adams

Canada-United States Law Journal

No abstract provided.

The Role Of The Law In Native Sovereignty: A Comparison Of Canadian And American Approaches To Sovereignty Student Articles And Notes, Clare J. Soria

Canada-United States Law Journal

No abstract provided.

The Runaway Presidential Power Over Diplomacy, Jean Galbraith

All Faculty Scholarship

The President claims exclusive control over diplomacy within our constitutional system. Relying on this claim, executive branch lawyers repeatedly reject congressional mandates regarding international engagement. In their view, Congress cannot specify what the policy of the United States is with respect to foreign corruption, cannot bar a technology-focused agency from communicating with China, cannot impose notice requirements for withdrawal from a treaty with Russia, cannot instruct Treasury officials how to vote in the World Bank, and cannot require the disclosure of a trade-related report. And these are just a few of many examples from recent years. The President’s assertedly exclusive …

The Injustice Of 1.5°C–2°C: The Need For A Scientifically Based Standard Of Fundamental Rights Protection In Constitutional Climate Change Cases, Lauren E. Sancken, Andrea K. Rodgers, Jennifer Marlow

Articles

In 2015, signatories to the Paris Agreement agreed to the goal of keeping global temperature rise this century to well below 2°C above preindustrial levels and to pursue efforts to limit the temperature increase even further to 1.5°C. Although the adoption of the Paris Agreement was in many ways a political triumph, seven years later many climate advocates are presenting the Paris target to judicial bodies as the de facto legal standard for fundamental rights protection in climate change cases. Yet, the history leading up to the signatories’ ultimate adoption of the Paris Agreement target suggests that the target is …

Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper

Faculty Scholarship

Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.

Border factories and a population spike contribute to the sewage. Maquiladoras, …

Establishing A Legitimate Indonesia’S Government Electronic Surveillance Regulation: A Comparison With The U.S. Legal Practices, Citra Yuda Nur Fatihah

Indonesia Law Review

Cybersecurity and privacy have now become a matter of increasing concern for citizens, the private sector, and the Indonesian government. The government is currently struggling to combat cyberattacks and data breaches. Indonesia is, in fact, in the early stages of developing a national cybersecurity strategy. The legal framework for cybersecurity in Indonesia is still weak. The one and only legal basis for regulating cybersecurity, privacy, and security, in Indonesia so far is the Electronic Information and Transactions Law No. 11/2008 and its revised version Law No.19/2016. Furthermore, the government through the Indonesian Ministry of Communication and Information has just issued …

Advocating The Temporary Rights To Work For Refugees And Asylum Seekers In Transit In Indonesia, Marupa Hasudungan Sianturi, Nino Viartasiwi

Indonesia Law Review

Refugees and asylum seekers are stuck in three to unknown years of protracted transit in Indonesia in their route to reach a destination country. The status of foreign refugees and asylum seekers has deprived them access to basic human needs such as the right to earn a living, education, and healthcare service. This study focuses on the issue of the prohibition to work for refugees and asylum seekers by reviewing the law and regulation concerning refugee protection, rights to work for foreigners, and fundamental human rights. In addition, a review of international norms and conventions on human rights, as well …

Legal Introspection Towards The Development Of Right To Privacy As Fundamental Right In India, Payal Thaorey

Indonesia Law Review

Privacy of the individual is an essential aspect of dignity. The ability of the individual to protect a zone of privacy enables the realization of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. The journey of right to privacy has been …

Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman

FORCES Initiative: Strategy, Security, and Social Systems

This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."

From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi

Brooklyn Journal of International Law

Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …

Protecting Internet Access: A Human Rights Treaty Approach, Harpreet Kaur

Brooklyn Journal of International Law

With the evolution of the internet, the world has also seen a marked increase in government-ordered internet shutdowns and restrictions, sometimes with dubious justifications and sometimes with no justification at all. As people have become increasingly reliant on the internet for their day-to-day activities and to keep up with important news, internet restrictions often disrupt lives and violate people’s civil and human rights. While no international law directly protects internet access, it is implicitly advocated for under the freedom of opinion and expression. The upward trend of internet restrictions, however, suggests that an implied protection of access to a necessary …

Apocalypse Ahoy: How The Cruise Industry Boom Is Harming The World’S Oceans And Problems With Enforcing Environmental Regulations, Nicholas J. Sarnelli

Brooklyn Law Review

The global cruise line industry enjoyed an incredible surge in popularity before the coronavirus pandemic. While the industry nearly sank in the wake of the pandemic, cruise lines are poised to continue to enjoy record-breaking profits while continuing to build larger and more opulent ships. This boom exacts a heavy toll on the environment, as cruise ships burn dirty fuel and dump dirty water into the world’s oceans. The current international legal framework for regulating the world’s shipping industry allows companies to effectively select which nation’s environmental laws to submit to, with ships flying under so-called “flags of convenience”. While …

Remedies For Government Breach: Lessons From The United States And A Zone Of Appealable Remedies For Southeast Asia, Benjamin D. Black

Brooklyn Law Review

Though international investment treaties may supplant domestic contract law in cross-border government contracts, their limited use in Southeast Asia informs the continued importance of clear remedies for a government breach of contract under domestic law. As investment from China’s Belt and Road Initiative continues to flow into the region, private parties require clear rules and remedies when a government breaches a contract. This note argues that the lack of clear and codified public contract law in Southeast Asia presents a substantial risk to private contractors and that the extreme variance in public contract law is detrimental to both parties involved. …

Transnational Legal Process: An Evolving Theory And Methodology, Regina Jefferies

Brooklyn Journal of International Law

Harold Koh introduced Transnational Legal Process in 1996 as a constructivist theory of international legal compliance which draws lessons from international legal theory and the discourse between international law and international relations scholarship. This article situates Transnational Legal Process (TLP) within the broader literature on international legal compliance and traces the theory’s evolution over the years, highlighting scholarship which addresses three critical theoretical limitations: (1) insufficient description of the actors and processes of norm internalization; (2) insufficient explanation of why States internalize certain norms; and (3) insufficient identification and description of norm-creation processes. This article uses the legal origins of …

Gulf Of Guinea And Maritime (In)Security: Musings On Some Implications Of Applicable Legal Instruments, Edwin E. Egede

Brooklyn Journal of International Law

The Gulf of Guinea (GoG) is an enormous and diverse region consisting of approximately 6,000 km of coastline extending from Senegal to Angola. It is a maritime area of strategic importance because it is resource-rich with hydrocarbons, fish and other resources. Also, it is important as a vital maritime transit hub. Unlike certain other shipping lanes that have been identified as chokepoints, the GoG, because of its width, is not susceptible to blockades and major shipping accidents. Previously the maritime (in)security in the GoG had not received the same high-profile attention from the international community as the situation in the …

Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes

Brooklyn Journal of International Law

The development and well-established principles of Internationla Humanitarian Law have been progressively establishing limits to the means and methods of warfare. Those principles and rules are necessarily applicable to future autonomous weapon systems (AWS), but questions regarding liability for violations of IHL caused by AWS have been looming the international debate. This article has two parts. The first part aims to identify a technical dimension of AWS that has been neglected by international lawyers: States responsibility for IHL violations caused by errors in AWS’ software. This article argues that “errors” can neither be identified with “malfunctions” nor attributed to human …