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Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14 May 2024

Volume 14, Issue 2 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.


Proportionalities, Youngjae Lee Apr 2024

Proportionalities, Youngjae Lee

Notre Dame Law Review Reflection

“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …


The Legal Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey Kahn Jan 2024

The Legal Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey Kahn

Notre Dame Journal of International & Comparative Law

No abstract provided.


Belief In War, Mary Ellen O'Connell Jan 2024

Belief In War, Mary Ellen O'Connell

Journal Articles

Introductory Statement

Belief in war dominates our world. From Ukraine to Sudan to America’s ‘war on terror’, extraordinary resources are poured into militaries and arms races. The explanation for why belief in war has become prominent in foreign and security policy in Russia, the United States., China, NATO states and many other places is linked to the influence of Realist political theory. Pope St. John XXIII’s encyclical Pacem in Terris argued for honoring the alternatives to Realism – international law and institutions. It is time for an encyclical that responds directly to Realism and teaches belief in the authentic natural …


Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato Jan 2024

Re-Imagining The Post-9/11 Authorizations For Use Of Military Force In The Era Of Emerging Consensus On Reform, Peter J. Amato

Journal of Legislation

No abstract provided.


Letter From The Editor, Barrett Cole Jan 2024

Letter From The Editor, Barrett Cole

Notre Dame Journal of International & Comparative Law

No abstract provided.


Australia As A Model For Batson Reform, Evan M. Luellen Jan 2024

Australia As A Model For Batson Reform, Evan M. Luellen

Notre Dame Journal of International & Comparative Law

No abstract provided.


Letter From The Editor, Barrett Cole Jan 2024

Letter From The Editor, Barrett Cole

Notre Dame Journal of International & Comparative Law

No abstract provided.


Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim Jan 2024

Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim

Notre Dame Journal of International & Comparative Law

No abstract provided.


Global Civil Justice, Cesare Cavallini Jan 2024

Global Civil Justice, Cesare Cavallini

Notre Dame Journal of International & Comparative Law

No abstract provided.


Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14 Jan 2024

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.


Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14 Jan 2024

Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.


Regulating Dark Patterns, Martin Brenncke Jan 2024

Regulating Dark Patterns, Martin Brenncke

Notre Dame Journal of International & Comparative Law

No abstract provided.


Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar Jan 2024

Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar

Notre Dame Journal of International & Comparative Law

No abstract provided.


Democracy And “Elite” Education: Lessons From Another Corner Of The World, J. Mark Ramseyer, Yoshitaka Fukui Jan 2024

Democracy And “Elite” Education: Lessons From Another Corner Of The World, J. Mark Ramseyer, Yoshitaka Fukui

Notre Dame Journal of International & Comparative Law

No abstract provided.


Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14 Jan 2024

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.


The 2022 Fifa World Cup As A Catalyst For Labor Standards Of Sport Professionals? A New Institutional Theory Perspective, Ilias Bantekas, Marko Begović Jan 2024

The 2022 Fifa World Cup As A Catalyst For Labor Standards Of Sport Professionals? A New Institutional Theory Perspective, Ilias Bantekas, Marko Begović

Notre Dame Journal of International & Comparative Law

No abstract provided.


Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir Jan 2024

Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat Dec 2023

The Conferred Jurisdiction Of The International Criminal Court, Leila Nadya Sadat

Notre Dame Law Review

After twenty years of operation, we know that the International Criminal Court (ICC) works in practice. But does it work in theory? A debate rages regarding the proper conceptualization of the Court’s jurisdiction. Some have argued that the ICC’s jurisdiction is little more than a delegation by states of a subset of their own criminal jurisdiction. They contend that when states ratify the Rome Statute, they transfer some of their own prescriptive or adjudicative criminal jurisdiction to the Court, meaning that the Court cannot do more than the state itself could have done. Moreover, they argue that these constraints are …


The Lessons Of 9/11 For October 7, Mary Ellen O'Connell Oct 2023

The Lessons Of 9/11 For October 7, Mary Ellen O'Connell

NDLS in the News

October 7 is being called Israel’s 9/11. The comparison is apt for the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.


The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas Oct 2023

The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas

Faculty Lectures and Presentations

The tensions between the protection of human rights and States’ obligations towards foreign investors has been the subject of extensive debates among States, civil society actors, business, and international organizations. The Hague Rules on Business and Human Rights Arbitration represent a recent effort to provide an avenue for resolving claims concerning human rights violations connected to business activities, including investment. These Rules may be linked to or incorporated in national investment laws, state contracts, or International Investment Agreements (IIAs). The Hague Rules aim to fill a currently existing gap in (access to) remedies for rightsholders and help both investors and …


China Informs A 21st Century Definition Of The Rule Of Law, Ashley Topel Jan 2023

China Informs A 21st Century Definition Of The Rule Of Law, Ashley Topel

Notre Dame Journal of International & Comparative Law

Politicians, lawyers, and academics alike have long been fascinated with the rule of law, but this fascination has never immunized them from the challenges of defining just what the rule of law is. Indeed, defining the rule of law by citing an example, such as the United Kingdom or the United States, remains easier than articulating why those nations have the rule of law and how other nations can advance the ideal within their own boundaries. Still, modern scholarship has led to the creation of three alternative theories of the rule of law–formalist, procedural, and substantive conceptions. A formalist theory …


Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekonnen Ayano Jan 2023

Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekonnen Ayano

Notre Dame Journal of International & Comparative Law

Over the last two decades, the legal profession in Ethiopia has changed fundamentally. The government has increased the number of law schools from one in 1993 to more than three dozen by 2021. It has introduced strict licensure rules to formalize and regulate legal services and, more recently, in 2022, it has proclaimed the creation of law firms and an independent bar association. The market for legal services has expanded, allowing lawyers to reach out to clients in the country’s peripheries and move onward to attract global clients. These changes are inextricably tied to global currents that have diffused Anglo-American …


Radical Overhaul Of Hong Kong's Governance Regime: Likely Implications For Prosperity And Stability, Roda Mushkat Jan 2023

Radical Overhaul Of Hong Kong's Governance Regime: Likely Implications For Prosperity And Stability, Roda Mushkat

Notre Dame Journal of International & Comparative Law

Constitutional evolution is normally a steady process, with the prevailing equilibrium seldom punctuated. Sharp reversals periodically occur but they are uncommon, usually confined to low-income and lower middle-income countries. The introduction of a draconian national security law and its heavy-handed enforcement in the affluent Hong Kong capitalist enclave, serving as one of the world economy’s pivotal global metropolises, thus amounts to a historically unprecedented emasculation of a sound and well-thought-out governance architecture. The abrupt unraveling of a semi-democratic infrastructure, pulverizing of key components of a time-honored rule-of-law system, and erosion of international legal personality has been breathtaking and profoundly disconcerting. …


Letter From The Editor, Michael Klein Jan 2023

Letter From The Editor, Michael Klein

Notre Dame Journal of International & Comparative Law

No abstract provided.


More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter, Mark I. Labaton Jan 2023

More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter, Mark I. Labaton

Notre Dame Journal of International & Comparative Law

When it comes to Nazi looting, the past is not dead.Nor should it be. Even now more than three-quarters of a century after the Holocaust, Nazi-looted art cases still provide direct justice to victimized families while also advancing broader historical redress known as “transitional justice,” which since World War II has become a means to address mass atrocities through criminal trials, civil litigation, truth reconciliation commissions, memorials, and reparations.


The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Êzidi People, Sarah A. Johns Jan 2023

The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Êzidi People, Sarah A. Johns

Notre Dame Journal of International & Comparative Law

Never has the term limbo been so appropriately used in modern history than as applied to the current situation of the Êzidi internally displaced persons (IDPs). As Dante’s first circle of hell, limbo separates its residents from God, leaving them in a state of eternal suffering and sadness. This in-between place is saved for just individuals who did not receive Christ as required in Catholic theology and are now doomed to reside forever in a place of separation from God’s presence. Limbo is a state of punishment that seemingly freezes one’s ability to progress or enjoy future happiness.


Switzerland's "Summary Penalty Order" System: Should A Similar System Be Used For America's Minor Crimes?, Kirk Earl Jan 2023

Switzerland's "Summary Penalty Order" System: Should A Similar System Be Used For America's Minor Crimes?, Kirk Earl

Notre Dame Journal of International & Comparative Law

Jack Ford did not think he was committing a crime when his girlfriend let him spend the night with her at a house in Baltimore. However, what Ford did not know was that the owner of the house had not given permission for the couple to stay there. Ford was arrested and charged with burglary in the fourth degree, which is a misdemeanor in the state of Maryland. Ford’s attorney believed that Ford would have a strong case at trial because he did not know that he was not allowed in the house, so there was no intent to commit …


Volume 13 Masthead, Journal Of International And Comparative Law, Notre Dame Law School Jan 2023

Volume 13 Masthead, Journal Of International And Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.


Letter From The Editor, Michael Klein Jan 2023

Letter From The Editor, Michael Klein

Notre Dame Journal of International & Comparative Law

No abstract provided.