Law Commons^™

State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger

Gabriel Eckstein

Throughout the world, international and state political boundaries divide groundwater resources into politically convenient jurisdictions. Subsurface water, however, does not recognize such borders and flows freely without regard to overlying politics. This disregard for the political dimension, coupled with the growing global importance of fresh water, has the potential for aggravating disputes and conflicts over the use, allocation, and preservation of such resources. To date, widely accepted norms of international law applicable to transboundary aquifers have yet to emerge. However, local and regional agreements, including both formal and unofficial arrangements, suggest the emergence of state practice that should be considered …

What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies

Dr Brian Yecies

This paper illustrates some of the dynamic ways that members of the Korean, Australian, New Zealand and Chinese creative and cultural industries have engaged with international instruments such as co-production treaties. Strategies, benefits returned and lost costs, that is, sacrifices that are made in the process of producing a film or digital media program in more than one country, and/or with an international team are investigated to reveal how creators are engaging with the demands of different governments' policies. It is hoped that this paper and the larger research project to which it is attached will assist scholars, creative and …

Chinese International Film Encounters: Closing The Gaps With Hollywood With Soft Power Appeal At Home And Abroad (中国电影与韩国的国际碰撞-中国电影通过软实力追赶好莱坞), Brian Yecies

Dr Brian Yecies

In this article, I aim to expand our understanding of the transnational production and increasing international appeal of contemporary Chinese cinema in 2012 and 2013; my viewpoint is from the outside looking in. To achieve this aim, I analyze two key developments that are contributing to the rapidly shifting shape and style of the Chinese film industry: 1) increasing post-production collaborations with film industry practitioners and firms from South Korea – an important trading partner for China; and 2) the popular reception of Chinese films on the international film festival circuit, in particular the responses of a diverse group of …

Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell

Thomas W. Mitchell

Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …

From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh

Robert B. Ahdieh

At heart, this introductory essay aspires to encourage scholars who write in widely divergent areas, yet share a focus on the changing nature of jurisdiction, to engage one another more closely. From Jackson's study of "convergence, resistance, and engagement" among courts, Kingsbury's study of "global administrative law," and Bermann's analysis of "transatlantic regulatory cooperation," to Resnik's evaluation of "trans-local networks," Weiser's account of "cooperative federalism" in telecommunications law, and Thompson's concept of "collaborative corporate governance," a related set of questions is ultimately at stake: How ought we understand the reach of any given decision-maker's jurisdiction? What are the implications of …

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Robert B. Ahdieh

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …

How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic

Milan Markovic

This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? The authors contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, the authors reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and …

Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, Mckay Cunningham

McKay Cunningham

The twin goals of privacy and data security share a fascinating symbiotic relationship: too much of one undermines the other. The international regulatory climate, embodied principally by the European Union’s 1995 Directive, increasingly promotes privacy. In the last two decades, fifty-three countries enacted national legislation largely patterned after the E.U. Directive. These laws, by and large, protect privacy by restricting data processing and data transfers.

At the same time, hacking, malware, and other cyber-threats continue to grow in frequency and sophistication. In 2010, one security firm recorded 286 million variants of malware and reported that 232.4 million identities were exposed. …

English Justice For An American Company?, Christopher French

Christopher C. French