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Full-Text Articles in Law
Dragonfly Is Watching You: Artveillance And The Legal Issues Implicated, Yang, Sydney
Dragonfly Is Watching You: Artveillance And The Legal Issues Implicated, Yang, Sydney
Santa Clara Journal of International Law
Art law as a practice area can seem innately contradictory. Indeed, at first glance “art” and “law” are concepts that should be on the opposite ends of the spectrum. While art is all about unleashing your imagination and thinking out of the box, law may seem more rigid and orderly as it focuses more on the structured legal system and the enforcement of law by social and governmental institutions. As the art market became more complex and sophisticated in the 20th century, art law has developed into a discrete and increasingly recognized legal field despite the fact that it is …
A Regulatory Back Door: General Prohibition Ten And America’S National Security, Ramachandran, Vilas
A Regulatory Back Door: General Prohibition Ten And America’S National Security, Ramachandran, Vilas
Santa Clara Journal of International Law
American leadership in innovation requires, among other things, an export control regime that adapts to the realities of trade in the twenty-first century. The United States understands that the importance of American leadership in innovation reaches far beyond a theoretical debate about American hegemony; it has implications for the national security of the United States. However, Section 736.2(b)(10) of the Export Administration Regulations, known as General Prohibition Ten, creates vulnerabilities that jeopardize the national security of the United States while also adding unnecessary costs to American exporters. General Prohibition Ten makes it impossible for an American exporter to take control …
Alba And Unasur: Back To The Future?, Porrata-Doria, Jr., Rafael A.
Alba And Unasur: Back To The Future?, Porrata-Doria, Jr., Rafael A.
Santa Clara Journal of International Law
This essay discusses efforts at creating a unified Latin American region through the lens of different integration attempts. Part I briefly examines MERCOSUR and the Andean Group and how these two efforts failed to achieve promises made under the free trade model that grew under the Washington Consensus. Structural problems and changing political tides left these two groups unsuccessful, and ultimately the election of populist leftwing presidents in Argentina, Brazil, and Venezuela ushered in a new model of integration intended to increase the economic development of Latin America in an equitable fashion. Despite their different ideologies and missions, both Alianza …
May The Force Majeure Be With You: The Impact Of Covid-19 On The Force Majeure Clause In International Commercial Contracts, Natarajan, Priyasundari
May The Force Majeure Be With You: The Impact Of Covid-19 On The Force Majeure Clause In International Commercial Contracts, Natarajan, Priyasundari
Santa Clara Journal of International Law
Covid-19 has complicated the application of force majeure (FM) as an excuse for contractual non- performance worldwide. FM clauses are fundamental in allocating risk in international commercial contracts between parties in the event of similar unforeseeable circumstances. This paper aims to investigate the unintended consequences of present-day FM laws by identifying the required elements of FM clauses, tracing the historical evolution of the law, and analyzing various jurisdictional approaches to interpreting FM. Furthermore, a comparative analysis of FM laws adopted in the United States, China, and Germany are used to establish the efficacy of FM clauses in international commercial contracts …
Miserable Comforts Or Concrete Protections: Human Rights Conventions, Treaties, Declarations, And The Rights Of Indigenous/Othered Communities—Quo Vadis?, Emeziem, Cosmas
Miserable Comforts Or Concrete Protections: Human Rights Conventions, Treaties, Declarations, And The Rights Of Indigenous/Othered Communities—Quo Vadis?, Emeziem, Cosmas
Santa Clara Journal of International Law
It has become an annual ritual for the world—especially through the United Nations (UN)—to organize events and activities celebrating Indigenous Peoples.1 Further to this disposition, the UN has adopted a Declaration on the Rights of Indigenous Peoples.2 Equally, it is now fashionable, to include the needs, and questions, affecting indigenous peoples in our development programs and climate action activities—albeit sometimes as an addendum to the mainstream policies.3 The Sustainable Development Goals (SDGs), and the current prominence of Diversity, Equity, and Inclusion (DEI), and decolonialization language in international policy briefs, give further credence to this apparent commitment to the rights of …
Signature Of Multilateral Treaties: Still Meaningful In The Era Of Transnational Law?, Bantekas, Ilias
Signature Of Multilateral Treaties: Still Meaningful In The Era Of Transnational Law?, Bantekas, Ilias
Santa Clara Journal of International Law
The function of signing multilateral treaties has always been perceived as a sine qua non element of inter-state agreements. Its evolution has witnessed several useful variations, such as definitive signatures, the ‘all states formula’, as well as the enhanced role of treaty depositaries with respect to the effect of signatures. The article argues that despite signature requirements in all multilateral treaties there is a clear trend towards alternative forms of agreement, whether between states or between states and non-state actors. The rise in the power of non-state actors has given rise to simplified forms of agreement where formalities, including treaty-type …