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Articles 1 - 11 of 11
Full-Text Articles in Law
From The Editor-In-Chief, Monica Ratajczak
From The Editor-In-Chief, Monica Ratajczak
UC Law SF International Law Review
No abstract provided.
Sovereign Debt Denunciation A Nd Unilateral Insolvency Under International Law: When Is It Lawful?, Ilias Bantekas
Sovereign Debt Denunciation A Nd Unilateral Insolvency Under International Law: When Is It Lawful?, Ilias Bantekas
UC Law SF International Law Review
Central to our understanding of sovereignty should be the competence of states to determine how their debts are restructured or denounced when the debts considered are odious or illegal. Sovereignty, in this sense, is tantamount to self-determination and the corresponding obligations of states that are absent on the part of creditors when entering into a debt agreement or restructuring process. States owe duties under international law to their own people. Hence, the sanctity of international agreements, whether treaties or contracts, entered by states cannot override these compelling and humancentered state obligations. Otherwise, such agreements would be valued more than human …
Extraterritorial Application Of Antitrust Law, International Comity, And Scope Of Remedies: Considering The Nature Of The Product And Service In Addition To The Effect In The Relevant Market, Annie Soo Yeon Ahn
UC Law SF International Law Review
This Article proposes that the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be closely considered for analyzing international comity and deciding the scope of remedies in antitrust cases. These factors should be considered in addition to the effect in the relevant market when determining whether there is an extraterritorial application of antitrust law under the Foreign Trade Antitrust Improvements Act. Specifically, the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be …
Combatting The Uyghur Genocide Via The Wto’S Public Morals Exception, Connor Stanford Moldo
Combatting The Uyghur Genocide Via The Wto’S Public Morals Exception, Connor Stanford Moldo
UC Law SF International Law Review
No abstract provided.
The Certainty-Severity Tradeoff In Antitrust Law And Administration: Where The United States And India Differ, Akhil Sud
UC Law SF International Law Review
In this paper, I use the certainty-severity tradeoff as my analytical lens—a novel move in antitrust—to explain the difference between U.S. and Indian antitrust law. I argue that, in antitrust, India prefers certainty of enforcement while the U.S. prefers severity of enforcement. This difference is not driven by doctrine or economic policy; rather, I locate this difference in six key institutional factors. And using economic theory, I argue that a difference in social attitudes to risk explains and justifies this institutionally-manifested difference in law.
Investment Treaty Arbitration And The Trips Patent Waiver: Indirect Expropriation Analysis Of Covid-19 Vaccine Patents, Jean Paul Roekaert
Investment Treaty Arbitration And The Trips Patent Waiver: Indirect Expropriation Analysis Of Covid-19 Vaccine Patents, Jean Paul Roekaert
UC Law SF International Law Review
Intending to promote greater access to Covid-19 vaccines, a group of developing countries submitted a proposal to the World Trade Organization (WTO) recommending a waiver that would temporarily exempt all WTO members from the obligation to comply with Section 5 (Patents) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). If approved, states would be permitted to adopt domestic measures suspending the minimum protections afforded to Covid-19 vaccine patents under the TRIPS Agreement. In this article, I consider whether the owners of Covid-19 vaccine patents may have a compensable indirect expropriation claim under investment treaty arbitration against …
Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge
Interstate Dispute Resolution At A Crossroads: Reconsidering The I’M Alone Arbitration, David M. Bigge
UC Law SF International Law Review
No abstract provided.
Court Polarization: A Comparative Perspective, Iddo Porat
Court Polarization: A Comparative Perspective, Iddo Porat
UC Law SF International Law Review
Polarization is on the rise around the globe. Political views are driven to the poles, and moderate views are weakened. Many studies have been carried out on the increase in social and political polarization, but far fewer on the effects of polarization on constitutional and supreme courts, and none on a comparative or global scale. This Article attempts to fill this gap. It aims, for the first time, to describe and typologize the effects of political polarization on constitutional and supreme courts in different parts of the world.
The Article identifies three models of such effects: mirror polarization (the U.S.) …
From The Editor-In-Chief, Monica Ratajczak
From The Editor-In-Chief, Monica Ratajczak
UC Law SF International Law Review
No abstract provided.