Law Commons^™

Lost At The South China Sea: A Legal Rationale For Joining Unclos, Dean Feinman

Fordham Law Review

Rising tensions in the South China Sea are a tired front of great power competition. Since President Barack Obama’s “pivot to Asia,” there has been renewed attention on growing Chinese naval power and influence, which stands to challenge the U.S. status as the world’s preeminent naval force. Despite a clear and obvious interest in maintaining a favorable global oceans regime, the United States has not ratified the United Nations Convention on the Law of the Sea (UNCLOS), the principal international instrument governing the use of the oceans. Instead, the United States argues that ratification is unnecessary because UNCLOS “embodies” customary …

Reframing A Data Sharing Mechanism For The Riparian Nations Of Helmand River Basin: Theory Of Planned Behavior Is Revisited, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez

Faculty Scholarship

Data and information exchange plays a crucial role in fostering water cooperation between the riparian nations of a shared watercourse. Taking an integrated approach combining Discourse Analysis and Document Analysis, this research aims at elucidating the challenges and the potential opportunities of data and information exchange on the Helmand River, a drought-stricken river basin shared between upstream Afghanistan and downstream Iran. Drawing on the Theory of Planned Behavior (TPB), we offer nuanced perspectives on the data exchange model developed by Wehn. We argue that there are other underlying and essential elements that hinder the meaningful engagement of the riparian nations …

Is The Hague Academy Of International Law A European Institution?, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This essay reviews the centenary development of the Hague Academy of International Law with particular emphasis on its research and teaching related to regional approaches to international law. Charles Henry Alexandrowicz's lectures at the Hague Academy in the 1960s contended that the European-developed recognition system narrowed the universality of international law to Eurocentric dimensions and marginalised international legal developments in Asia. Drawing on Alexandrowicz's main claim, the essay argues that the rise of Asia has become a geopolitical reality but has yet to be recognised in international legal scholarship. First, Alexandrowicz's theoretical analysis should be understood through both international law …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

America’S Footnote: International Intervention Required To Decolonize Guam, Katherine Murray

University of Miami Inter-American Law Review

No abstract provided.

No Conozco A Ninguna Miranda Y Quiero Mi Abogado: The Constitutional Inadequacies Of Translated “Miranda Cards” In Police Interrogations, Sean Werkheiser

University of Miami Inter-American Law Review

This article explores the challenges and complexities surrounding the application of the Miranda warning in the United States and specifically addresses its impact on non– English–speaking immigrants. While many Americans are familiar with these rights, recent immigrants may not fully understand them, particularly if they come from countries that do not offer equivalent legal protections. This article performs a comparative analysis of the right to silence and counsel in Cuba, Haiti, and Colombia—three countries with the largest immigrant populations in Miami, FL. Furthermore, this article examines how Miami-Dade Police address the linguistic barriers inherent in translated “Miranda Cards,” and argues …

Dismantling The Dogma Of Dot: A Human Rights-Based Review Of Directly Observed Therapy For Tuberculosis, Brian Citro, Dr. Jennifer Furin, Rhea Lobo, Ingrid Schoeman, Timur Abdullaev, James Malar

Northwestern Journal of Human Rights

The global tuberculosis (TB) response is at a crossroads. In recent years, new ideas, technologies, and political commitments have reinvigorated the fight against this age-old disease that kills more people each year than HIV and malaria combined. But with key indicators just beginning to recover after moving in the wrong direction during the COVID-19 pandemic, hard-earned gains are at stake. In this rejuvenated yet challenging context, we critically review an idea and practice at the heart of the TB response—directly observed therapy or DOT. First, we explore DOT’s controversial method and history as a component of the World Health Organization’s …

The Off-Grid Revolution And The "Promise" Of Energy Equality Under The Paris Climate Change Agreement, Ilias Bantekas

Northwestern Journal of Human Rights

A key thesis of this article is that since renewable energy is quintessentially a public good both in constitutional and macroeconomic terms, its availability without restrictions to all people is a true manifestation of economic self-determination, ultimately entailing what this author calls “energy equality.” Although this equality is dictated by the nature of renewable energy as a public good, it risks being eroded by the rush to implement the Paris Agreement. This is certainly one of the shortcomings of the Paris Agreement. With nation states eager to meet their targets and energy concessionaires given unprecedented financial and other incentives, we …

Consent: From Generation To Co-Production, Artchil Bellosillo Fernandez

Social Sciences and Development Review

The concept of consent and its origin is a topic of intense debate within academia. This paper contributes to the discussion by examining two main perspectives on consent. One viewpoint argues that consent is manufactured or produced, particularly by the ruling class, known as the Marxist perspective on consent. This perspective is supported by the ideas of three influential Marxist thinkers – Antonio Gramsci, Michael Burawoy, and Louis Althusser. The other perspective on consent comes from relational sociology, which suggests that consent is a collaborative effort between the parties involved. This paper delves into the works of three sociologists – …

A Delicate Balance: Adopting The French Court Of Cassation's Dual Criminality Interpretation, Matthew Hosler

Et Cetera

This Note recommends potential language to be added to various States’ criminal codes to incorporate the French Court of Cassation’s interpretation of the Dual Criminality requirement for prosecutions under universal jurisdiction. This recommendation stems from research into the concept of universal jurisdiction, leading to the discovery of the May 2023 Court of Cassation’s decision that created a pathway for countries to have jurisdiction over specific international crimes despite the crime being committed in another country. Specifically, this Note details the history of universal jurisdiction and its dual criminality requirement from the 17th century to modern times. Next, the Note details …

The Arrest Of Telegram Ceo Pavel Durov & What It Says About Europe’S Approach To Privacy, Soraya Mazarei

Cardozo International & Comparative Law Review (CICLR) Blog

On August 24, 2024, Pavel Durov, the CEO of the messaging app Telegram, was arrested in Paris. French authorities have charged him with various crimes, including complicity in the distribution of child pornography, the sale of illegal drugs, and the distribution of hacking software. Durov is banned from leaving France and must check in at a police station twice a week. If convicted, Durov faces a ten-year prison sentence. French prosecutors are holding Durov criminally liable for permitting criminal activity to go unchallenged on Telegram. This indictment is possible under France’s LOPMI law, which was passed in January 2023. Under …

Arrest The President, Hypothetically, Leo Lombardi

Cardozo International & Comparative Law Review (CICLR) Blog

By what authority does one dare direct that famous phrase, “j’accuse!” at the state’s supreme executor of law? Is there a mechanism, through which a citizen can hold a national government to account? Can the citizen's arrest serve as a symbolic insistence that international humanitarian law be enforced? International humanitarian law is coming to be defined by the dereliction of duty. Where a rules-based international order once stood as a lofty ideal, the reality of a nuclear-armed world now looms over the field’s failures.

This post was originally published on the Cardozo International & Comparative Law Review on November 14, …

Shadows Of The Crown: The Virtue Of Equilibrium In American Sovereign Immunity, William T. Olmstead

Cleveland State Law Review

Under the doctrine of sovereign immunity, the federal and state governments of the United States cannot be sued or prosecuted unless they voluntarily waive their own impunity. In recent decades, the Supreme Court has expanded the scope of the sovereign immunity of the state governments. This Note argues that such an expansion is a profound and shortsighted mistake. It proposes that the most effective way to balance governmental functionality with civic accountability is to pass and ratify a constitutional amendment that solidifies national sovereign immunity and abolishes state sovereign immunity. It argues that such action is necessary to ensure the …

Violations Of Human Rights And Available Remedies Under International Law: The Case Of The United Arab Emirates (Uae), Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Cardozo International Law Society (Cils)

2024–2025 Flyers

No abstract provided.

Environmental Law And Economic Law Review: Is Green Economy And Environmental, Social, And Governance (Esg) Green Economy Or Greenwashing?, Birkah Latif, Mohammad Qadam Shah, Aidir Amin Daud, Marthen Napang, Padma D. Liman, Indah Camelia, La Ode M. Syarif, Andi Tenri Famauri Rifai, Aldi Yusa Ali, Adelin Yohana Gloria

Indonesian Journal of International Law

In implementing the SDGs according to the principle of green economy, countries are competing to apply the ESG concept which aims to identify all non-financial risks and opportunities related to the company's routine, especially those related to Environment (E), Social (S), and Governance (G), to achieve sustainability development in business through corporate actions. Such well-founded implementation within a company will generate a positive impact and increase the appeal for investors amid today's fierce business competition. The ESG is expected to be the key in promoting economic improvement without sacrificing environmental aspects.

Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck

Articles

At the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to …

Financial Footprint Of Human Trafficking, Cardozo International Law Society (Cils), Business Law Society, Barry Koch

2024–2025 Flyers

No abstract provided.

Ukraine/Russia And Israel/Palestine: What's Law Got To Do With It?, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2024–2025 Flyers

No abstract provided.

Taxation's Limits, Luís C. Calderón Gómez

Northwestern University Law Review

Countless pages have been devoted to the question of why everyone should pay tax, yet its opposite has gone largely unnoticed: why should some people and organizations not pay tax? Our tax system exempts from ordinary income taxation a wide and diverse array of people and organizations engaged in significant economic activity—from parents providing childcare services for their family to consular activities and charities operating animal shelters—seemingly without a convincing explanation. Perhaps because of the dizzying diversity of tax-exempt activities, scholars and policymakers have avoided comprehensively or coherently justifying our exemption regimes.

This Article develops a novel normative theory that …

Covid-19 And The Populist Governments Approach To Pandemic Management: A Nuanced Analysis, Fozia Nazir Lone, Anthony Carty

Buffalo Human Rights Law Review

This article addresses international law discourse in the post- COVID-19 era. The first part engages with questions about China, its liability, and the complex legal discourse on causation. The present position of the WHO is that COVID-19 is a zoonotic virus like SARS. The nature of the spillover event remains unclear, but the first human case was identified at some point in Wuhan, China, in December 2019. For the reasons outlined in Part I, the scholarly consensus has been that claims against China appear unjustifiable. The two case studies in Part II demonstrate the factors involved in local pandemic management …

Is India The "New China" In U.S. Foreign Policy?, Sital Kalantry

Washington International Law Journal

Abstract: The University of Washington International Law Journal’s timely symposium explores the strains in the U.S.-China political and economic relationship. As China and the United States become estranged, or “decoupled,” this essay explores the United States’ relationship with India in light of this trend. The U.S.-India foreign relations are stronger today than they have been in India’s 75-year history as an independent nation.[1] To understand why this is the case, we have to examine both the U.S. and Indian foreign policy perspectives. The United States’ interest in India has grown in part due to the United States’ own …

Bidenomics Versus Maganomics: Pick Your Poison, Thomas Schoenbaum

Washington International Law Journal

Abstract: This essay compares the international trade policies of the two candidates for U.S. President in 2024, Joseph Biden[1] and Donald Trump, and argues in favor of a “third way” alternative to promote free trade in 2025 and onward. I first analyze the trade law revolution effected by the Trump presidency from 2017-2021. During these years the Trump administration adopted a protectionist policy rooted in nationalism and populism. As a direct result of Trump administration trade policy there occurred: (1) a significant retreat from globalization; (2) paralysis of the World Trade Organization; (3) a revival of U.S. unilateralism …

Imperial Collision: Future Of China's Relations With Russia, Dongsheng Zang

Washington International Law Journal

Abstract: In April 2024, Biden Administration officials revealed that in the year 2023, about 90% of Russia’s microelectronics came from China, which Russia has used to make missiles, tanks, and aircraft. Nearly 70% of Russia’s approximately $900 million in machine tool imports in the last quarter of 2023 also came from China.[1] U.S. Secretary of State Antony Blinken recently stated at the G7 meeting that “[w]e see China sharing machine tools, semiconductors, [and] other dual-use items that have helped Russia rebuild the defense industrial base.”[2] This demonstrates how far China is willing to go in defiance of the …

China's Response To The U.S. Call For Decoupling: The Foreign Investment Law Of 2020, Daniel C. Chow

Washington International Law Journal

Abstract: In response to the U.S.’s calls for U.S.-China decoupling by repatriating U.S. business operations and eschewing new investments in China, China introduced the Foreign Investment Law (“FIL”) in 2020. The FIL marks a new era of foreign investment in China. It eliminates the requirement of prior government approval for all foreign-funded enterprises, including joint ventures consisting of U.S. companies and domestic Chinese state-owned enterprises. Many U.S. companies found the approval process under the previous legal regime to be time consuming, arduous, and oppressive. This process has now been replaced by a simple registration process under the FIL and the …

A Critical Examination Of "Decoupling": An Introduction, Dongsheng Zang, Miles Lee

Washington International Law Journal

No abstract provided.

Japan's Response To The Trade Conflict Between The United States And China, Rikako Watai

Washington International Law Journal

Abstract: Decoupling refers to the strategy of separating and disconnecting economies and markets between different nations. However, in the contest of the ongoing trade conflict between the United States and China, decoupling primarily refers to determining economic dependence on a specific nation as a national security risk, thereby reinforcing vulnerabilities in one’s supply chain. Japan views the United States as its primary partner in national security policy and China as a significant market because of its geographic proximity. As a result, ensuring economic security became a pressing concern for Japan.

Japan refers to the United States’ idea of economic …

Decoupling Defined: Four Theories And Four Illustrations From The Sino-American Trade War, Raj Bhala

Washington International Law Journal

Abstract: This article seeks to bring clarity to a much used, yet ill-defined, term “decoupling.” The article explores the theory and practice of “decoupling” in the context of the Sino-American Trade War, which, launched in March 2018, shows no sign of a ceasefire. As to theory, this article argues that conceptually, “decoupling” takes (at least) four forms. There is efficiency, jurisprudential, security, and values decoupling. As to practice, this article shows these four theoretical typologies of decoupling are obvious today. This theory and practice are illustrated (respectively) with respect to labor-intensive industries, commercial transactions in rule-of-man jurisdictions or …

Confronting The War On International Law In The United States, Rebecca Ingber

Online Publications

Harold Hongju Koh’s The National Security Constitution in the 21st Century is a code red threat assessment of the state of public law in America today. True to Koh’s nature, he does not leave us without hope; rather he devotes a sizeable portion of the book to calls for reform, from the legal frameworks governing war powers and intelligence to the division of labor in the national security legal bureaucracy plodding away within the deepest (secure) chambers of the executive branch itself.

West V. Multibanco Comermex, S.A.: Application Of The Securities Laws To Foreign Certificates Of Deposit, Peter J. Stocks

Maine Law Review

The persistent debate concerning which investment instruments constitute "securities" for purposes of the Securities Act of 1933 and the Securities Exchange Act of 1934 is as old as the Securities Acts themselves. The Supreme Court has addressed the issue eight times without putting the debate to rest. In Marine Bank v.Weaver, the Court held that a certificate of deposit (CD) issued by a bank regulated under "the federal banking laws" is not a "security" within the meaning of the Securities Exchange Act of 1934. The Court of Appeals for the Ninth Circuit has twice, since Weaver, addressed the issue of …