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Cyber Borders: Exercising State Sovereignty Online, Beth Simmons, Rachel Hulvey Jul 2023

Cyber Borders: Exercising State Sovereignty Online, Beth Simmons, Rachel Hulvey

All Faculty Scholarship

The internet brings challenges that threaten national identities and the foundations of what it means to be a state. Well-known challenges include difficulties maintaining important national values, competition threatening local economic plans, and even the inability to maintain a meaningful informational environment for self-governance. These influences are plausibly understood as challenges to some of the basic functions of a sovereign state. Despite these challenges, we identify the social practice of establishing control over mercurial mediums. States have responded by erecting cyberborders with a collection of laws, practices, and internet architecture designed to filter digital information within the territorial jurisdiction of …


Sanctions, Nukes And Juche: Franchising In North Korea, Robert W. Emerson, Jason R. Parnell Jan 2023

Sanctions, Nukes And Juche: Franchising In North Korea, Robert W. Emerson, Jason R. Parnell

University of Pennsylvania Journal of International Law

No abstract provided.


Climate Neutrality And Sustainability In International Trade, Rafael Leal-Arcas, Luis Ulloa Martinez, Victory Abang, Krishma Kapur, Saffron Greenwood, Konstantinos Chatzopoulos, Archana Nair, Lisa Schoettmer Jan 2023

Climate Neutrality And Sustainability In International Trade, Rafael Leal-Arcas, Luis Ulloa Martinez, Victory Abang, Krishma Kapur, Saffron Greenwood, Konstantinos Chatzopoulos, Archana Nair, Lisa Schoettmer

University of Pennsylvania Journal of International Law

No abstract provided.


Trademark Restrictions As Instruments Of Public Health Retrenchment, Patricia L. Judd Jan 2023

Trademark Restrictions As Instruments Of Public Health Retrenchment, Patricia L. Judd

University of Pennsylvania Journal of International Law

No abstract provided.


Post-Pandemic Constitutionalism: Covid-19 As A Game-Changer For “Common Principles”?, Arianna Vedaschi, Chiara Graziani Jan 2023

Post-Pandemic Constitutionalism: Covid-19 As A Game-Changer For “Common Principles”?, Arianna Vedaschi, Chiara Graziani

University of Pennsylvania Journal of International Law

No abstract provided.


From Global Databases To Global Norms? The Case Of Cultural Property Law, Amnon Lehavi Jan 2023

From Global Databases To Global Norms? The Case Of Cultural Property Law, Amnon Lehavi

University of Pennsylvania Journal of International Law

No abstract provided.


Peaceful Purposes Reservations In The Law Of The Sea Convention And The Regulation Of Military Exercises Or Maneuvers In The Exclusive Economic Zone, Henrique Marcos, Eduardo Cavalcanti De Mello Filho Jan 2023

Peaceful Purposes Reservations In The Law Of The Sea Convention And The Regulation Of Military Exercises Or Maneuvers In The Exclusive Economic Zone, Henrique Marcos, Eduardo Cavalcanti De Mello Filho

University of Pennsylvania Journal of International Law

No abstract provided.


War, Shelly Aviv Yeini Jan 2023

War, Shelly Aviv Yeini

University of Pennsylvania Journal of International Law

No abstract provided.


Legal Systems Inside Out: American Legal Exceptionalism And China’S Dream Of Legal Cosmopolitanism, Matthew S. Erie Jan 2023

Legal Systems Inside Out: American Legal Exceptionalism And China’S Dream Of Legal Cosmopolitanism, Matthew S. Erie

University of Pennsylvania Journal of International Law

No abstract provided.


The Shift In Power Distribution And Its Influence On The Law Of The Sea, Youngmin Seo Jan 2023

The Shift In Power Distribution And Its Influence On The Law Of The Sea, Youngmin Seo

University of Pennsylvania Journal of International Law

Power and its distribution have always been the central themes of international law, yet international lawyers have paid limited attention to the correlation between power shifts and legal change. Notably, international law effectively operates when balance of power is sustained. With this qualification, this paper examines the relationship of international law with the change in power distribution, arguing that international law should proactively attend to power in order to contribute to the peaceful reconfiguration of the international system. Furthermore, this paper explores the mechanism of power shift being transmitted to law shift and specifically adduces the process and effectiveness of …


Exploiting Seabed Law, Stephen Cody, Jeffrey Feldmann Jan 2023

Exploiting Seabed Law, Stephen Cody, Jeffrey Feldmann

University of Pennsylvania Journal of International Law

Private companies and sovereign States have begun mining the deep sea for polymetallic nodules that contain precious minerals, including cobalt, nickel, copper, and magnesium. In 2021, the small island nation of Nauru triggered a procedural “two-year rule” that requires the International Seabed Authority (ISA) to finalize regulations for deep sea mining (DSM) or consider the provisional approval of commercial exploitation applications. This two-year deadline passed in July 2023 without any resolution. ISA Members States continue to debate a precautionary moratorium on deep sea mining operations in light of inadequate scientific and environmental information about deep sea ecosystems. Meanwhile, advocates argue …


Judging China: The Chinese Legal System In U.S. Courts, Donald Clarke Jan 2023

Judging China: The Chinese Legal System In U.S. Courts, Donald Clarke

University of Pennsylvania Journal of International Law

No abstract provided.