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Internationalizing Copyright: How Claims Of International, Extraterritorial Copyright Infringement May Be Brought In U.S. Courts, Elliot Cook
ExpressO
This Comment assesses the use of the Alien Tort Statute (“ATS”) as a jurisdictional basis for claims of international copyright infringement occurring outside of the United States. Under the ATS, aliens may sue in United States district courts for torts that amount to violations of treaties or the law of nations.
Given that copyright infringement is a tort, an alien may only be able to establish ATS jurisdiction in a suit of extraterritorial infringement if the infringement violated a treaty or the law of nations. This comment argues that extraterritorial copyright infringement does indeed amount to a violation of the …
Resolving Conflicts Between Multilateral Environmental Agreements: The Case Of The Montreal And Kyoto Protocols, Daniel G. Mccabe
Resolving Conflicts Between Multilateral Environmental Agreements: The Case Of The Montreal And Kyoto Protocols, Daniel G. Mccabe
ExpressO
The Kyoto Protocol to the United Nations Framework Convention on Climate Change and the Montreal Protocol on Substances that Deplete the Ozone Layer are multilateral environmental agreements that regulate the use of chemicals that contribute to climate change and ozone depletion. The Montreal Protocol, however, encourages the replacement of ozone depleting substances with chemicals that contribute to climate change. Likewise, the Kyoto Protocol encourages the production of an ozone depleting substance by allowing companies to profit by destroying the byproduct of its manufacture. This comment attempts to resolve these conflicts through conventional and customary international law. It concludes that the …