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Articles 1 - 30 of 198
Full-Text Articles in Entire DC Network
Superpower Legal Rivalry And The Global Compliance Dilemma, Ji Li
Superpower Legal Rivalry And The Global Compliance Dilemma, Ji Li
University of Pennsylvania Journal of International Law
The intensifying rivalry between the United States and the People’s Republic of China has spawned a proliferation of contradictory laws and regulations, plunging transnational actors into a vexing compliance dilemma—conformity with U.S. law and its necessitation of contravening Chinese law, and vice versa. This Article illuminates this superpower legal rivalry and how multinational corporations (“MNCs”), as prime beneficiaries of post-Cold War economic globalization, navigate this fractured, intricate legal terrain when compelled to take sides amid the great power competition. It begins by providing the first comprehensive exposition of the major competing legal mandates imposed by the U.S. and Chinese governments …
Regulating The Data Market: The Material Scope Of American Consumer Data Privacy Law, Bryce Clayton Newell, Nadezhda Purtova, Young Eun Moon, Hugh J. Paterson Iii
Regulating The Data Market: The Material Scope Of American Consumer Data Privacy Law, Bryce Clayton Newell, Nadezhda Purtova, Young Eun Moon, Hugh J. Paterson Iii
University of Pennsylvania Journal of International Law
This Article compares the material scope of several comprehensive consumer data privacy (or data protection) laws enacted recently in the United States, both with each other and with the European Union’s General Data Protection Regulation (“GDPR”). Our comparative analysis covers five broad state consumer data privacy laws enacted and in effect as of the end of 2023, specifically those adopted in California, Virginia, Colorado, Utah, and Connecticut. We contrast these against each other and the GDPR. We compare how each of these laws define and scope their subject matter (e.g., what constitutes “personal data”), how they define data subjects, what …
Upholding Community Interests With Absolute Obligations: A Comparison Of The Convention On Biological Diversity And Human Rights Treaties, Paul-Angelo Dell'isola
Upholding Community Interests With Absolute Obligations: A Comparison Of The Convention On Biological Diversity And Human Rights Treaties, Paul-Angelo Dell'isola
University of Pennsylvania Journal of International Law
International law traditionally did not concern itself with States’ treatment of individuals, flora, or fauna subject to their jurisdictions. Contemporary international law does. International law recognizes the protection of human rights and the biosphere as community interests, interests that transcend States’ interests and demand international regulation. Yet, the treaty regimes that secure the protection of human rights and the biosphere operate in diametrically opposed ways. Human rights regimes rely on international institutions to define objective communitarian norms for States to abide by, whereas the Convention on Biological Diversity regime relies on private markets to internalize the cost of development and …
Cyber Borders: Exercising State Sovereignty Online, Beth Simmons, Rachel Hulvey
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
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
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
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
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
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
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
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
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
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
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
Judging China: The Chinese Legal System In U.S. Courts, Donald Clarke
University of Pennsylvania Journal of International Law
No abstract provided.
Border Orientation In A Globalizing World, Beth A. Simmons, Michael R. Kenwick
Border Orientation In A Globalizing World, Beth A. Simmons, Michael R. Kenwick
All Faculty Scholarship
Border politics are a salient component of high international politics. States are increasingly building infrastructure to ‘secure’ their borders. We introduce the concept of border orientation to describe the extent to which the State is committed to the spatial display of capacities to control the terms of penetration of its national borders. Border orientation provides a lens through which to analyze resistance to globalization, growing populism, and the consequences of intensified border politics. We measure border orientation using novel, geo-spatial data on the built environment along the world’s borders and theorize that real and perceived pressures of globalization have resulted …
Why Aim Law Toward Human Survival, John William Draper
Why Aim Law Toward Human Survival, John William Draper
Librarian Scholarship at Penn Law
Our legal system is contributing to humanity’s demise by failing to take account of our species’ situation. For example, in some cases law works against life and supports interests such as liberty or profit maximization.
If we do not act, science tells us that humanity bears a significant (and growing) risk of catastrophic failure. The significant risk inherent in the status quo is unacceptable and requires a response. We must act. It is getting hotter. When we decide to act, we need to make the right choice.
There is no better choice. You and all your relatives have rights. The …
Women In Government As A Predictor Of Human Development: An Analysis Of Descriptive Representation And Substantive Outcomes, Celina Antonellis
Women In Government As A Predictor Of Human Development: An Analysis Of Descriptive Representation And Substantive Outcomes, Celina Antonellis
University of Pennsylvania Journal of International Law
No abstract provided.
Avoiding Moonraker: Averting Unilateral Geoengineering Efforts, Antonia Eliason
Avoiding Moonraker: Averting Unilateral Geoengineering Efforts, Antonia Eliason
University of Pennsylvania Journal of International Law
No abstract provided.
Enforceability Of Anti-Reverse Engineering Clauses In Software Licensing Agreements: The Chinese Position And Lessons From The United States And European Union’S Laws, Yang Chen
University of Pennsylvania Journal of International Law
No abstract provided.
Distorted Digital Databases And The Construction Of Legal Knowledge, Ruth Halperin-Kaddari, Eyal Katvan, Bryna Bogoch
Distorted Digital Databases And The Construction Of Legal Knowledge, Ruth Halperin-Kaddari, Eyal Katvan, Bryna Bogoch
University of Pennsylvania Journal of International Law
No abstract provided.
Law And Digital Globalization, Georgios Dimitropoulos
Law And Digital Globalization, Georgios Dimitropoulos
University of Pennsylvania Journal of International Law
No abstract provided.
Between A Rock And A Hard Place: The Global Gag Rule’S Impacts On Women’S Reproductive Health And Abortion Law In Malawi, Michelle Xiao Liu, Nina Sudhakar
Between A Rock And A Hard Place: The Global Gag Rule’S Impacts On Women’S Reproductive Health And Abortion Law In Malawi, Michelle Xiao Liu, Nina Sudhakar
University of Pennsylvania Journal of International Law
No abstract provided.
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
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 Role Of International Human Rights Law In Bolivia's New Constitution: A Fresh Step In Latin American Constitutional Theory And Practice, Nataly Viviana Vargas Gamboa
The Role Of International Human Rights Law In Bolivia's New Constitution: A Fresh Step In Latin American Constitutional Theory And Practice, Nataly Viviana Vargas Gamboa
University of Pennsylvania Journal of International Law
No abstract provided.
Reclaiming Mongyudowŏndo: Legal Challenges To Restituting Korean Cultural Property From Japan And Alternative Solutions, Lydia (Soo Min) Lim
Reclaiming Mongyudowŏndo: Legal Challenges To Restituting Korean Cultural Property From Japan And Alternative Solutions, Lydia (Soo Min) Lim
University of Pennsylvania Journal of International Law
No abstract provided.
The Right To Restitution Of Cultural Property Removed As Spoils Of War During Nineteenth-Century International Warfare, Yue Zhang
University of Pennsylvania Journal of International Law
No abstract provided.
Evaluating The Implementation Of Human Rights Law: A Data Analytics Research Agenda, Charlotte S. Alexander, Jonathan Todres
Evaluating The Implementation Of Human Rights Law: A Data Analytics Research Agenda, Charlotte S. Alexander, Jonathan Todres
University of Pennsylvania Journal of International Law
No abstract provided.
Machine Learning, Market Manipulation, And Collusion On Capital Markets: Why The "Black Box" Matters, Alessio Azzutti, Wolf-Georg Ringe, H. Siegfried Stiehl
Machine Learning, Market Manipulation, And Collusion On Capital Markets: Why The "Black Box" Matters, Alessio Azzutti, Wolf-Georg Ringe, H. Siegfried Stiehl
University of Pennsylvania Journal of International Law
No abstract provided.
Built On Borders? Tensions With The Institution Liberalism (Thought It) Left Behind, Beth A. Simmons, Hein E. Goemans
Built On Borders? Tensions With The Institution Liberalism (Thought It) Left Behind, Beth A. Simmons, Hein E. Goemans
All Faculty Scholarship
The Liberal International Order is in crisis. While the symptoms are clear to many, the deep roots of this crisis remain obscured. We propose that the Liberal International Order is in tension with the older Sovereign Territorial Order, which is founded on territoriality and borders to create group identities, the territorial state, and the modern international system. The Liberal International Order, in contrast, privileges universality at the expense of groups and group rights. A recognition of this fundamental tension makes it possible to see that some crises that were thought to be unconnected have a common cause: the neglect of …