Law Commons^™

The Hidden Costs Behind Cheap Clothing: Addressing Fast Fashion’S Environmental And Humanitarian Impact, Alexandra L. Bernard

Vanderbilt Journal of Entertainment & Technology Law

The increasing speed at which social media trends come and go has caused fashion trends to accelerate in response to consumers’ ever-changing demands. To keep up with the latest fads, fast fashion companies design their clothing only to withstand a couple of uses before the item is no longer in good condition. The manufacture and discard of cheaply made clothing creates a variety of environmental issues. Brands conceal the treatment and compensation of their workers throughout the supply chain; the available information suggests that garment workers are mistreated. Finally, the disposal of these clothing items creates tension between the United …

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 …

Trade-Based Solutions For Revitalizing Post-Conflict Economies, Ryan R. Migeed

Michigan Journal of International Law

International trade improves efficiency in home markets, creates new sources of demand for domestic industries, and boosts worker productivity. However, some types of trade are better than others for reviving the economies of countries emerging from internal or international armed conflicts. This note evaluates existing trade mechanisms that ostensibly help developing countries but fail to actually do so. It ultimately recommends the use of investor-state partnerships over trade-based mechanisms as the appropriate tool for improving the economies of post-conflict states. Part I evaluates a number of these existing trade mechanisms, including preferential trade agreements and the General System of Preferences. …

The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta

Pepperdine Journal of Communication Research

Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …

The House Doesn't Always Win, Jennifer Owen

International Conference on Gambling & Risk Taking

In June 2015, fourteen South Korean casino executives were arrested on charges of soliciting Chinese players to gamble in their casinos. This single event foreshadowed a seismic change in the Australian casino market that few would have anticipated. The events which unfolded led to the two largest casino operators in Australia being found unsuitable to operate their casinos, and unable to hold their licenses. Collectively, these two casino groups reported revenues of $5.0bn in 2019, accounting for 92% of the total Australian casino market.

Both are now operating under various forms of special supervision until it can be demonstrated that …

The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk

Penn State Journal of Law & International Affairs

No abstract provided.

Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie

Penn State Journal of Law & International Affairs

No abstract provided.

Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee

Penn State Journal of Law & International Affairs

No abstract provided.

A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero

Penn State Journal of Law & International Affairs

No abstract provided.

Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj

Penn State Journal of Law & International Affairs

No abstract provided.

The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner

Penn State Journal of Law & International Affairs

No abstract provided.

Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell

Penn State Journal of Law & International Affairs

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.

How Intellectual Property Laws Allow For Fashion Dupes, Miranda Nolan

SLU Law Journal Online

The rise of technology brought an increase in the number of "knockoff" fashion pieces that are easily accessible to consumers. In this article, Miranda Nolan discusses the impact and growth of fast fashion brands that changed fashion for average Americans who are unable to afford luxury brands.

From Models To Mannequins: The Oxymoronic Equation Of International Labor Law Standards In The World Of Fashion, Namrata Bhowmik, Naman Anand

Cleveland State Law Review

Fashion law is an emerging field that addresses the legal issues that arise in the fashion industry. With the rapid growth and globalization of the fashion industry, there is an increasing need for specialized legal guidance in this area. Fashion law encompasses a wide range of legal issues, including intellectual property, contract law, employment law, international trade law, and environmental law.

One of the main drivers behind the need for fashion law is the rise of counterfeiting and intellectual property theft in the fashion industry. With the proliferation of ecommerce and social media, it has become easier than ever for …

(Not) Right On Time: Interpretation Of "Pertinent Time" For Bancec Alter Ego Analysis And Its Effect On Attaching Foreign Sovereign Assets, James Hardman

University of Cincinnati Law Review

No abstract provided.

Taking National Security Seriously: Navigating Japan’S Expanded Restrictions On Global Trade And Investment, C.D.A. Evans, Aviel Menter

The Journal of Business, Entrepreneurship & the Law

This paper explores recent changes to Japan’s national security restrictions on the foreign acquisition of Japanese companies and other financial assets. Commentators have often incorrectly characterized these developments as driven by economic or diplomatic considerations. In fact, a different set of concerns has motivated Japan’s policy shift: national security. Due to the critical security relationship between Japan and the United States, Japanese macroeconomic policy often changes in response to American politics. Recently, changes in the Trump Administration’s approach to the Committee on Foreign Investment in the United States (CFIUS) have caused corresponding changes in how Japan regulates international business transactions. …

Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The neoliberal international order is facing a variety of pressing obstacles. One of the most contentious issues is the emergence of new Asian regionalism, which has been driven by the rising economic power of the region and integration based on the Association of Southeast Asian Nations (ASEAN) Plus Six framework. The legalization of the ASEAN way has propelled the New Regional Economic Order (NREO), which reinforces a trade-development nexus alternative to the Washington Consensus and will have far-reaching normative, economic, and geopolitical effects on the world. Given the proliferation of trade and investment initiatives including the ASEAN Economic Community and …

A Private And Efficient Approach To Us-China Trade: Bringing A Non-Violation Case In The Wto, Daniel C.K. Chow, Ian M. Sheldon

Vanderbilt Journal of Transnational Law

When Joe Biden defeated Donald Trump to become president of the United States in 2020, many observers hoped that Biden would reset the troubled US-China trade relationship. The Trump administration had abandoned the rules-based approach to international trade of the World Trade Organization (WTO) and adopted a power-based approach instead. Using a power-based approach, the United States imposed or threatened sanctions if China did not dismantle its state-led economy and terminate the use of industrial subsidies to support its domestic industries. The United States also crippled the dispute settlement system of the WTO so that nations could not challenge US …

Compliance Of National Tdm Rules With International Copyright Law: An Overrated Nonissue?, Martin Senftleben

Joint PIJIP/TLS Research Paper Series

Seeking to devise an adequate regulatory framework for text and data mining (TDM), countries around the globe have adopted different approaches. While considerable room for TDM can follow from the application of fair use provisions (US) and broad statutory exemptions (Japan), countries in the EU rely on a more restrictive regulation that is based on specific copyright exceptions. Surveying this spectrum of existing approaches, lawmakers in countries seeking to devise an appropriate TDM regime may wonder whether the adoption of a restrictive approach is necessary in the light of international copyright law. In particular, they may feel obliged to ensure …

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.

A Canadian Perspective On Fifty Years Of International Economic Law, J. Anthony Van Duzer

Dalhousie Law Journal

In 1970, “international economic law” (IEL) was not a distinct academic subject. Fifty years later, IEL has become an important and well-recognized field of legal enquiry, though its boundaries remain unclear. Globalization of trade and investment activity and the concomitant proliferation of trade and investment treaties over the last 50 years have been key drivers of academic interest in IEL and its transformation. The impacts of trade and investment on the protection of the environment and health, Indigenous, labour, and human rights, development, and other policy priorities have become significant subjects of academic discourse and are increasingly addressed in trade …

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, …

Three Megatrends In The International Intellectual Property Regime, Peter K. Yu

Faculty Scholarship

Since the establishment of the Paris and Berne Conventions, the international intellectual property regime has encountered two world wars, struggled with several global pandemics, welcomed dozens of newly independent nations and interacted with a wide variety of technologies and innovative practices. Although this regime progressed only slowly for the larger part of its first century, it saw major transformation in the past four decades, including the adoption of the WTO TRIPS Agreement.

Written in commemoration of the centennial of the American Branch of the International Law Association, this article identifies three megatrends to illuminate the magnitude and ramifications of such …

Korea’S 2011 Copyright Act Amendments And Innovation By Online Service Providers, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

In 2011, Korea amended its Copyright Act to comply with the U.S.-Korea Free Trade Agreement’s intellectual property chapter, which included an obligation to enact a safe harbor for secondary copyright infringement in the online environment. Safe harbors protect internet firms from legal liability when their users post infringing content online, on the condition that the firms maintain a system to efficiently remove infringing content when notified of the infringement by rightholders.

This paper tests whether the newly established safe harbors had an impact on innovation by Korean internet firms. I hypothesize that the amendments alleviated litigation risks faced by internet …

Transitional Justice, Truth, And Copyright: The Case Of Colombia, Marcela Palacio Puerta

Joint PIJIP/TLS Research Paper Series

The impact of copyright on various aspects of human life is becoming increasingly evident. This paper explores, for the first time in the literature, the relationship between copyright and the search for peace, with a focus on the transitional justice process in Colombia. Through a documentary research methodology, the study highlights the challenges posed by copyright laws that lack certainty in the application of exceptions and limitations to the digital world. Such challenges can difficulty a process that is inherently complex and holds great significance. Moreover, these laws also affect access to information, which is crucial in a context where …

Endnotes

Sustainable Development Law & Policy

No abstract provided.