Law Commons^™

Playing The Long Game: The Role Of International Courts And Tribunals In The Russo-Ukrainian War, Paul W. Grimm, Kim Scheppele, Paul Stephan, Harold Hongju Koh, Oleksandra Matviichuk

Judicature International

No abstract provided.

Fostering Resilience Within Ecological Civilization: Contributions Of Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

My presentation will examine water, to illustrate the questions that Ecological Civilization presents. I shall address five points: (1) Often proposals for attaining Ecological Civilization raise issues relevant to environmental law, but do not examine the roles that environmental law can serve; (2) environmental law is essential to resolving unsustainable water management issues; (3) scientific studies indicate that trends in global environmental degradation limit the time available for implementing reforms to attain Ecological Civilization; (4) environmental legal systems for environmental impact assessment (EIA) can accelerate efforts to attain Ecological Civilization; and (5) For Ecological Civilization to ensure a firm foundation …

A Further Look At A Hague Convention On Concurrent Proceedings, Paul Herrup, Ronald A. Brand

Articles

The current project of the Hague Conference on Private International Law has reached a critical juncture that requires careful consideration of the terms that delineate the scope of the proposed convention. Work to date has not followed the mandate of the Council on General Affairs and Policy to produce a convention that would deal with concurrent proceedings, understood as including pure parallel proceedings and related actions. In two previous articles we have addressed the practical needs that should be addressed by the concurrent proceedings project and the general architecture of such a convention. The process is now mired in terminological …

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 …

Romano Named A Rumsfeld Graduate Fellow, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

James Romano’s interests are out of this world. The 2L at the Indiana University Maurer School of Law is intrigued by the futuristic sounding concept of space law, but is quick to note that there’s nothing futuristic about it.

“More private companies are rapidly entering space,” Romano said, “and I’m deeply interested in the question of ‘What does the future of space look like?’”

While Romano’s focus may be directed upward, his trajectory on Earth is quickly ascending.

Romano is one of 14 scholars selected as a Rumsfeld Foundation Graduate Fellow for 2023-24. The fellowships, named in honor of the …

Cyberoperations And Sovereignty In International Law, Joel Wei Xuan Fun

Singapore Law Journal (Lexicon)

The cyberspace is sometimes seen as having no jurisdictional boundaries, given that no single state controls the entirety of the cyberspace. At the same time, given how pervasive the cyberspace has become today, many important interests of states now lie in the domain of cyberspace. This uneasy tension has led to many questions involving the intersectionality between the state’s sovereignty over its territory and the cyberspace, which is exacerbated when states use the cyberspace to conduct their myriad operations. This paper seeks to delineate permissible and impermissible cyberoperations and argues that the present international law on sovereignty is sufficiently robust …

The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …

Ethical Considerations Of Clinical Research In Emergency Care Settings: A Review, Adith Velavan

Honors Scholar Theses

Emergency and acute care settings are some of the most volatile and high intensity areas of any healthcare operation. Better understanding of systems and treatments in these spaces are critical to improving outcomes for the high risk patients that are treated there. Clinical research serves as a cornerstone of modern medical research, and is critical to the further improvement of clinical care in these settings. This thesis serves to explore the ethicality of such research given the constraints of emergency medicine settings. Not only does this thesis provide a strong foundation regarding the history and current practices of clinical research, …

Advancing Equity In The Pandemic Treaty, Lawrence O. Gostin, Kevin A. Klock, Katherine Ginsbach, Sam F. Halabi, Taylor Hall-Debnam, Janelle Lewis, Vanessa S. Perlman, Katie Robinson

Georgetown Law Faculty Publications and Other Works

There is a broad consensus around equity’s importance. Even countries that hoarded supplies during the acute phase of COVID-19 seem to understand that the international community must find a means to ensure fairer allocation of medical resources when the next health crisis hits. But there has been little agreement about the concrete steps needed to operationalize fairer access and benefit sharing. That is, what are the workable mechanisms that could reduce the divide between richer and poorer populations? The World Health Assembly, the governing body of the World Health Organization, has appointed an Intergovernmental Negotiating Body to develop a pandemic …

Hiding Art In Freeports, Wendy Li

CICLR Online

In Tenet, one of Christopher Nolan’s time and reality bending movies, we are introduced to freeports. Robert Pattinson’s character, Neil, must steal something from a freeport and in a few scenes, through his time in the freeport’s vaults, we learn a bit on why freeports exist and what people store in them. In a tour, the guide tells Neil that clients can store anything in the freeports and the vault that they walk through holds expensive collections of paintings and artifacts. The items are “shipp[ed] to and from other freeports without customs inspection.” From there, we are brought on a …

Inspiration For How The Doj Can Handle Its Antitrust Investigation Against Ticketmaster, Brandon Simon

CICLR Online

“It’s me, hi, I’m the problem, it’s me” is not something Ticketmaster would have anticipated Congress would mandate it to admit about itself, but that all changed after its botched sale of tickets for Taylor Swift’s upcoming U.S. stadium tour.

This post was originally published on the Cardozo International & Comparative Law Review on May 2, 2023. The original post can be accessed via the Archived Link button above.

Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Milena Sterio, Yvonne Dutton

Law Faculty Articles and Essays

This Article's primary goal is to highlight the International Criminal Court (ICC)'s Office of the Prosecutor (OTP)'s Gender Persecution Policy, while also demonstrating its place in the trajectory of the ICC's progress in changing the course of human history as relates to the recognition of and prosecution of sexual and gender-based (SGBV) crimes. To that end, some background is necessary to contextualize the ICC's current policy and practice as relates to the crime of gender persecution. Part II discusses the Rome Statute's unique contributions to the development of international criminal law regarding SGBV crimes, including the crime of gender persecution. …

Consumers' Perceptions Of Digital Privacy In The United States And Japan, Destiny Randle

Whittier Scholars Program

The purpose of my study is to explore the contours of contemporary consumer privacy protections derived from legislation, regulations and publicly available company policies as a way to get a better understanding of how consumer data is protected. A few examples ranging from company-based consumer protection in the United States to data breaches in Japan will be explored and examined. Finally, this paper includes a comparative survey of consumer perceptions and concerns related to personal data privacy in the U.S. and Japan. As a way to assess the degree to which digital privacy and personal data breaches have adversely influenced …

Measuring Change In Copyright Exceptions For Text And Data Mining, Michael Palmedo, Momina Imran, Miguel Alvarenga, Luca Schirru, Duc Le

Joint PIJIP/TLS Research Paper Series

Copyright exceptions for researchers are under debate at the World Intellectual Property Organization and within domestic governments, yet empirical research in this area is rare. In this early working paper, we aim to add to this nascent body of research. We expand PIJIP’s previous review and classification of copyright exceptions in WIPO Members’ laws by tracing changes in the laws over time. We find that most countries have copyright exceptions allowing some unauthorized uses for research purposes. However, most countries’ exceptions restrict some mix of the users, uses, or types of works that are allowed. High-income countries tend to be …

Immigration Law's Missing Presumption, Fatma Marouf

Faculty Scholarship

The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption to facilitate deportation. The Article examines the meaning of “innocence” in the immigration context, revealing how historically racialized perceptions of guilt eroded the notion of innocence early on and connecting the missing presumption to persistent associations between people of color and guilt. By analyzing how a presumption of innocence is impeded …

Centrality And Compliance: Unitary Vs. Federalist Political Systems In The Implementation Of The Kyoto Protocol In Argentina And Uruguay, Aidan Homan

Baker Scholar Projects

When Uruguay and Argentina first gained their respective independence in the early 1800s, they appeared to be following the same path of development As countries that came from the same Spanish colonization, share almost identical agricultural economies, and retain a close relationship, it is logical that they would follow similar trajectories. This assumption proves to be inaccurate in more ways than one, but most prominently within the environmental sphere. One way to analyze this difference in policy implementation lies in compliance with international environmental treaties which contain specific goals and limits for all parties involved. The Kyoto Protocol presents a …

Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan Ragland

Baker Scholar Projects

The core international human rights treaties from the United Nations have been signed and ratified by varying groups of states, and much of previous research has been dominated by a desire to explain ratification of international human rights law (IHRL) through the democratic lock-in effect and states’ economic and political ties to one another. In this paper, I seek to understand when states are ratifying IHRL, testing whether the presence of elections influences commitment to three of the nine core international human rights treaties: the International Convention on the Protection of the Rights of All Migrant Workers and Members of …

The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott

Baker Scholar Projects

Since 1978, the People’s Republic of China (PRC) has long been viewed as an economic trading partner of the United States of America (US). The PRC has grown to be an economic powerhouse, and the US directly helped with that process and still benefits from it. However, during the mid-2010’s, US rhetoric began to turn sour against the PRC. The American government rhetoric toward the PRC, beginning with the Obama administration, switched. As Trump’s administration came along, they bolstered this rhetoric from non-friendly to more or less hostile. Then, Biden’s administration strengthened Trump’s rhetoric. Over the past ten years or …

Fishing And Fisheries Under International Water Law: A Dialogue Between Professor Gabriel Eckstein And Professor Paul Stanton Kibel, Gabriel Eckstein, Paul Stanton Kibel

Faculty Scholarship

On April 10 and 11, 2023, the Center on Urban Environmental Law (CUEL) at Golden Gate University School of Law hosted a two-day webinar on International Law Aspects of Fisheries and Hydropower in Europe. To open the webinar, Professor Gabriel Eckstein (of Texas A&M University School of Law) and Professor Paul Stanton Kibel (of Golden Gate University School of Law) participated in a keynote dialogue titled Fishing and Fisheries under International Water Law. What follows is a transcription of this dialogue between Professor Eckstein and Professor Kibel.

An Outlook On Whether Competition In High-Voltage Transmission Line Development Is Necessary?, Andrew Leahy

CICLR Online

Various concerns, such as climate change, supply issues, and bad actors with vast energy resources, have increased global interest in increasing power grid security and efficiency. One method to increase power grid security and efficiency that has gained popularity is using high-voltage powerlines, cables transporting energy over long distances with minimal power losses along the route. The People’s Republic of China has been at the forefront of implementing high-voltage powerlines within its borders. For example, the Changji-to-Guquan project, which began in 2019, consists of a 1,100-kV direct current line spanning 2,046 miles, “roughly the distance between Los Angeles and Cleveland.” …

Election Fraud In Romania, Mara Nicole Chiriac

CICLR Online

Election fraud is a severe issue that has plagued Romania's political system for decades. The electoral process in Romania has been affected by a variety of fraudulent conduct, from suspicions of vote buying to cases of ballot stuffing. This is a significant issue that must be addressed to safeguard the future of the democratic process in Romania and the integrity of its elections.

This post was originally published on the Cardozo International & Comparative Law Review on April 27, 2023. The original post can be accessed via the Archived Link button above.

The Current State Of Art Restitution Laws, Emily Carbali

CICLR Online

New York’s Solomon R. Guggenheim Museum is currently in litigation regarding the Blue Period painting “Women Ironing” by Pablo Picasso. The painting was originally owned by Karl Adler and his wife Rosi Jacobi. Their heirs filed a suit in New York Supreme Court last week arguing that the painting would not have been sold but for the owner’s duress due to Nazi persecution. The family seeks return of the painting or compensation at the painting’s current market value, estimated at up to $200 million.

This post was originally published on the Cardozo International & Comparative Law Review on April 25, …

Understanding China's Cryptocurrency Stance: Analysis Of The Recent Developments And Future Prospects, Zhengchun Wan

CICLR Online

In September 2021, the People’s Bank of China (PBOC), China’s central bank, in conjunction with nine other state bodies, including the police and the supreme court, issued a statement regarding the country’s stance on cryptocurrency businesses. There, regulators have explicitly stated that all cryptocurrency trading, exchanges, and investments—both crypto-to-crypto and crypto-to-fiat—are prohibited, whether they are carried out through domestic or international platforms. Despite China’s official strong hostilities toward cryptocurrencies, some believe the policy might change soon.

This post was originally published on the Cardozo International & Comparative Law Review on April 24, 2023. The original post can be accessed via …

Damar Hamlin: Legal Implications Of An Nfl Injury, Evan Feder

CICLR Online

On January 2nd, 2023, in an NFL game played between the Cincinnati Bengals and the Buffalo Bills, Damar Hamlin, a Bills safety, tackled Bengals receiver Tee Higgins. After the collision, Hamlin stood up and began to walk, but after two steps he collapsed to the ground. He went into cardiac arrest and was given CPR and was later taken to the University of Cincinnati Medical Center in critical condition. On the following Monday, January 9th, Hamlin was released from the ICU, and he has continued to improve since then. It was an extremely rare injury; in fact, there has only …

Putin’S Arrest Warrant: The What And The Why Of “Unlawful Deportation Of Children”, Maxwell Granger

GGU Law Review Blog

Earlier this year, the International Criminal Court (ICC) issued an arrest warrant for Vladimir Putin, president of the Russian Federation. The charge: unlawful deportation of children, a war crime. While there have been many calls to prosecute Mr. Putin for alleged war crimes in Ukraine (indeed, the United States even passed a new law which could allow such a prosecution in the U.S.), some might be wondering what “unlawful deportation of children” exactly entails and why the ICC chose this particular charge.

Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellee, Evan J. Criddle

Briefs

No abstract provided.

Bolsonaro: Extradition And The Limits Of The Political Exception Doctrine, Allison Herstic

CICLR Online

Former Brazilian President Jair Bolsonaro’s recent move to Florida represents a potential clash between the immunity afforded to former political leaders and the notion of extradition – a treaty-based obligation to return individuals charged with offenses to their home country.

This post was originally published on the Cardozo International & Comparative Law Review on April 3, 2023. The original post can be accessed via the Archived Link button above.

Law Of Art, Law Of War: The Legacy Of The Law Of War In International Cultural Property Law, Richard G. De Schweinitz

CICLR Online

Issues of international art law tend to center on the restitution of lost works of art to their owners across borders. Wars today engender many disputes over rightful ownership; but historically, these conflicts were decided rather simply by the law of nations. Per one Judge Croke, “all property belonging to the enemy shall be liable to confiscation”. However, one of the earliest principles of just war in the modern era was the extension of special protections to works of culture. This principle, developed in the international conflict context, evolved through a lineage of international agreements into the basis for modern …

Socio-Economic Considerations Of Living Modified Organisms And Impacts On Trade: Evolution Of Environmental Disputes At The World Trade Organization, Leonardo Munhoz

Dissertations & Theses

The Convention on Biological Diversity (CBD) is the most important international treaty concerning the conservation of biodiversity and the Cartagena Protocol is a specific instrument to regulate biosafety measures for Living Modified Organisms ("LMOs"). In this Protocol, apart from mandatory environmental and health risk assessments, the Parties can also voluntarily adopt socio and economic considerations ("SECs") arising from LMOs, as stated in article 26.

However, the definition of SECs is still under negotiation, therefore it does not currently have a definite concept and meaning. Also, the last Conference of the Parties proposed to expand SECs by adding extra cultural, traditional, …

Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

The interaction between artificial intelligence (AI) and international investment treaties is an uncharted territory of international law. Concerns over the national security, safety, and privacy implications of AI are spurring regulators into action around the world. States have imposed restrictions on data transfer, utilised automated decision-making, mandated algorithmic transparency, and limited market access. This article explores the interaction between AI regulation and standards of investment protection. It is argued that the current framework provides an unpredictable legal environment in which to adjudicate the contested norms and ethics of AI. Treaties should be recalibrated to reinforce their anti-protectionist origins, embed human-centric …