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The Theory Of Simulation In Light Of The Law Of Obligations And Contracts, Mohammed Chaibi Elmadkouri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Mohamed Chaabi Al Madkouri examines the theory of simulation in Moroccan contract law. Simulation is a tool used by some individuals to conceal the true nature of their legal transactions by presenting a fictitious appearance as real. People resort to simulation when the law does not fulfill their ambitions or when revealing the truth would cause them harm, particularly when their activities violate legal rules. The author highlights the central legal problem: balancing respect for the contracting parties who created the simulation with protecting the rights of third parties who are misled by it. He observes that for every genuine …

Article 230 Of The Moroccan Law Of Obligations And Contracts, Zaid Kadri Al Tarjuman

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Zaid Kadri Al Tarjuman examines Article 230 of the Moroccan Law of Obligations and Contracts, which states that contractually created obligations validly formed stand as law for those who created them and cannot be revoked except by mutual consent or in cases provided by law. This article establishes the principle of the authority of the will (principe de l'autonomie de la volonté), resting on two rules: the contract is the law of the parties, and a contract cannot be revoked without mutual consent or legal exception. However, the author notes that exceptions exist to this principle, some found within the …

The Legal Foundations Of Unfair Competition Under Article 84 Of The Moroccan Law Of Obligations And Contracts, Choukri Ahmed Sebai

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Choukri Ahmed Sebai compares the Moroccan Dahir of Obligations and Contracts (DOC) to an ocean, noting that like the sea, it is too vast for any researcher to fully grasp in a single article. The DOC serves as the common law (general law) of Morocco, serving as the general legal framework to which judges and lawyers refer whenever a specific law (commercial, administrative, financial, etc.) lacks a relevant provision. The author emphasizes the DOC's deep connection to human life and economic activity, including agriculture, industry, and trade. Within this broader context, the study specifically examines the legal foundations of unfair …

The Conflict Between Maliki Jurisprudence And The Dahir Of Obligations And Contracts Regarding Non-Registered Real Estate, Amine El Kechir

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Amine El Kechir examines the conflict between Maliki jurisprudence and Morocco's Dahir of Obligations and Contracts (DOC) concerning non-registered real estate. Registered properties follow the DOC, while non-registered properties traditionally fall under Maliki rules. Although the DOC became the general reference for Moroccan judges in 1965, judicial practice remains divided for non-registered land. Historically, the Maliki school dominated Morocco since the Idrisid dynasty, spread by scholars returning from Medina. This persistent legal duality creates uncertainty in adjudicating property rights. The author argues that resolving this conflict is essential for legal coherence and calls for a clearer framework to harmonize modern …

How To Read The Dahir Of Obligations And Contracts?, Ahmed Khamlichi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Ahmed Khamlichi, Professor at the Faculty of Law in Rabat, questions how to approach Morocco's Dahir of Obligations and Contracts. He asks whether to interpret it through its Latin legal source, treat that source merely as comparative law, or distinguish between the various origins of the DOC. Before answering, he emphasizes the need to clarify the DOC's sources. He criticizes scholars for debating whether French law or Islamic Sharia influenced the text more, noting that many misuse the term "Sharia." According to Khamlichi, Sharia refers strictly to explicit Quranic and Sunnah rules, while most DOC provisions belong to Islamic jurisprudence …

A Critical Reading Of The Dahir Of Obligations And Contracts, Mohamed Chaabi Al Madkouri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Mohamed Chaabi Al Madkouri introduces private law, noting that civil law is its foundation. Other branches emerged to regulate specific relationships requiring special rules. When no specific text exists, civil law serves as the reference. Civil law is practically divided into three parts: 1) rights of persons and family (marriage, lineage), 2) financial rights including real rights (property, usufruct) and personal rights or obligations, and 3) contribution contracts. The author mentions Roman law, which governed relations among Romans but not foreigners, and the French civil code, which borrowed heavily from Roman and canon law, influenced many modern Arab legal systems, …

The President As Agent: Reframing The Major Questions Doctrine, Matthew Collins

ConLawNOW

On the heels of the Learning Resources v. Trump decision, this Essay argues that agency theory provides an important framework for understanding the major questions doctrine. This perspective has received little attention in legal scholarship. The Essay casts the major questions doctrine in a new light by framing it as a constraint on the president acting as Congress’s agent. By highlighting this bridge between private-law agency principles and public law, the piece offers two novel insights. First, it reconceptualizes the relationship between the major questions and nondelegation doctrines: the former addresses the unfaithful execution of Congress’s directives by the executive …

Reframing Narratives: Remedies For Improved Human Trafficking Coverage, Stefanie Henriques

The Pegasus Review: UCF Undergraduate Research Journal

The global rise in human trafficking is not receiving adequate media attention. While newspaper coverage of the topic has increased, current research argues that the issue is framed with a lack of diversity, limiting audience understanding of its complexity. Some researchers also note that coverage disproportionately focuses on sex trafficking, with minimal attention directed to other forms of trafficking such as the labor or organ trade. This paper conducts a narrative literature analysis of media research on human trafficking, drawing on framing theory to identify dominant frames in media messaging and synthesize cross-cultural factors that impact how the issue is …

American Doctoral Dissertations On Morocco, 1928-1984, El Hassane Hzaine

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This bibliography lists American doctoral dissertations devoted to Morocco between 1928 and 1984. It provides a research tool for scholars interested in Moroccan studies, North African studies, social sciences, law, economics, history, and related fields. The bibliography makes visible a body of academic production produced in American universities and helps identify themes and research trends on Morocco.

Report On The 16th Session Of The International Institute Of Human Rights In Strasbourg, 1-26 July 1985, El Hiba Mahjoub

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This report presents the 16th session of the International Institute of Human Rights held in Strasbourg from 1 to 26 July 1985. It introduces the Institute, its academic mission, and the main themes addressed during the training session. The report also describes the relevance of the session for researchers, students, and practitioners interested in international human rights law and the protection of fundamental rights.

Public Finance In Morocco And Its Impact On Economic And Social Development, Mustapha El Khtiri, Hassan Sabbar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the problem of public finance in Morocco in relation to economic and social development. It reviews the main historical stages that shaped the country's fiscal and budgetary structures and analyzes the role of financial policy in development choices. The study considers public revenue, taxation, public expenditure, and budgetary balances as instruments through which the state seeks to support growth, social transformation, and national development.

Evaluating Legal Frameworks For The Protection Of Consumers Of Digital Financial Services: Global Trends And Their Significance For Vietnam, Ha Son Nguyen, Lanh Dinh Cao, Nguyen Dinh Phan

International Journal on Consumer Law and Practice

The development of digital financial services (DFS) in the context of global digital transformation poses fundamental challenges for the legal framework for consumer protection, particularly in developing countries such as Vietnam. This article argues that the sectoral approach currently adopted in Vietnam, with rules dispersed across various specialized statutes, has created a structurally significant legal gap, a lack of consistency in protection standards, and limitations on effective coordination among regulatory authorities. It thereby undermines the law’s capacity to protect consumers in the highly cross-sectoral environment of digital finance.

Through an analytical and comparative approach that draws on the experiences of …

Recalibrating The Veto Power In A Multipolar World: From Power To Fairness And Accountability In International Law, Dr. Ardit Memeti, Dr. Fatemah Albader

San Diego International Law Journal

This Article draws upon the principles of nemo iudex in causa sua and par in parem non habet imperium to emphasize the moral and legal contradictions inherent in the current use and structure of the Permanent 5 (P5) veto power in the United Nations Security Council (UNSC, Security Council, or Council). This Article proposes that targeted reform to suspend the veto power in very limited cases where the P5 members are direct parties to a dispute would address these moral and legal contradictions. The Russia-Ukraine conflict exemplifies how the (mis)use of the veto power by a P5 member can paralyze …

From Party Policy To Law: The Formalization Of The Chinese Communist Party’S Role In State-Owned Enterprise Governance, Jie Zeng

San Diego International Law Journal

For the first time, grassroots branches of the Chinese Communist Party (CCP) were formally granted leadership roles and major decision-making authority under Chinese Company Law in 2024. This change has made China the only jurisdiction that has, at the national law level, authorized its main political party to engage directly in corporate governance without being a shareholder. While this may appear to be the result of President Xi Jinping’s party-building campaign, party involvement in corporate governance goes back to the Maoist era. This Article examines the evolution of state-owned enterprise (SOE) governance from 1949 to the present, illustrating that even …

How International Copyright Approaches To Generative Ai May Influence The Development Of U.S. Copyright Laws For Ai, Tessa Chew

San Diego International Law Journal

Since late 2022, Generative Artificial Intelligence (GenAI) has emerged as a vital technological tool in many industries by producing human-like content based on its trained datasets. This advancement has sparked an international debate over the ethical and legal implications of using copyrighted works for Artificial Intelligence (AI) training. Countries have taken differing legislative approaches to this issue. Japan aims to promote innovation with minimal restrictions; the United Kingdom aims to protect copyright holders by implementing strict AI copyright protections; and the European Union focuses on the transparency of the AI’s copyright use. The United States is currently at a regulatory …

Invisible Nations: Self-Determination As A Legal Shield For The World’S Last Isolated Peoples, Paige Schacher

San Diego International Law Journal

This Comment examines the legal and ethical considerations of self-determination as applied to the world’s last uncontacted tribes—indigenous communities that live isolated from mainstream society. While the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) established a foundational framework for uncontacted tribes’ right to self-determination, its implementation in practice faces jurisdictional, ethical, and legal issues. By examining international and domestic legal instruments, case studies from India and Brazil, and the evolving role of artificial intelligence in indigenous land monitoring, this Comment argues that domestic and international bodies must collaborate to enforce more tailored protections to guard the autonomy …

Land Forward: Planning For Legal Reforms To Facilitate Land Back And Community-Driven Relocation In Response To Climate Change, E. Barrett Ristroph

San Diego Journal of Climate & Energy Law

Indigenous and other place-based communities face the loss of their homes due to climate change. The practices that have led to the current climate crisis have also contributed to the historical dispossession and marginalization of these communities. United States laws and programs already provide for land transfers to federally recognized tribes, home buyouts for households in hazard-prone areas, and community development. But these laws and programs are piecemeal, reactive, and often inaccessible to the communities most in need. They do not provide a streamlined method for tribes to regain lands needed for rematriation and adaptation. Nor do they allow place-based …

Soaring To New Heights Through The Lens Of The Scarlet Macaw–A Post-Loper Bright Interpretation Of The Endangered Species Act’S “Significant Portion Of Its Range” For A Climate-Driven “Foreseeable Future”, Kathryn Wood

San Diego Journal of Climate & Energy Law

This Comment will argue for particular interpretations of “significant portion of its range” and “foreseeable future” under the ESA to prioritize species preservation in the face of climate change.

The analysis begins by describing key aspects of the ESA, including its historical background, its conceptual definitions, its prescribed method for determining endangered species and threatened species, its listing process, and critical habitat requirements. This Comment then discusses climate change as a source of threat and endangerment “within the foreseeable future,” and whether acts worsening climate change can constitute an unlawful taking. Next, this Comment considers how the Supreme Court’s decision …

Brief Of Amicus Curiae Of The National Law School Veterans Clinic Consortium, In Support Of Petitioner, Johnson V. United States Congress, No. 25-735 (U.S. Supreme Court), Yelena Duterte

Court Documents and Proposed Legislation

No abstract provided.

A Fission Decision: The Case For Extending Diablo Canyon’S Nuclear Operation, Isabelle Tyler

San Diego Journal of Climate & Energy Law

This Article examines the regulatory decisions and policy debates surrounding Diablo Canyon in the wake of recent legislation aimed at extending the plant’s operational timeline. Presenting a balanced analysis of the arguments both for and against the closure, this Article explores how the new bill reshapes the conversation around the plant’s future. While proponents of the shutdown emphasize safety concerns and the goal of an all-renewable grid, this Article argues that closing Diablo Canyon would hinder California’s decarbonization efforts and jeopardize energy reliability amid increasing power shortages and extreme weather events. By analyzing legal precedents, energy data, and environmental impacts, …

They, The People, Ammel Sharon

Socio-Legal Review

This essay engages with Rohit De and Ornit Shani’s Assembling India’s Constitution by situating it within a broader conceptual history of “the people.” While the book offers a compelling account of participatory constitution-making, the essay suggests that it opens up further questions about the conceptual and historical conditions shaping the people as a political subject. Drawing on contemporary political theory on populism, the essay explores how politics invokes the people through affective and performative practices alongside constitutional forms.

Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko

Brooklyn Journal of International Law

The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …

International Commitments Of Japan’S Prefectures With Foreign States: Empirical Patterns, Authority, And Legal Nature, Yuhei Matsuyama

Brooklyn Journal of International Law

Under international law, sovereign states are the primary subjects of rights and obligations and possess the authority to conclude treaties. Domestic constitutions typically allocate foreign affairs powers to national governments. Nonetheless, subnational governments—including prefectures—regularly engage in international activities. In some federal systems, constituent units are expressly authorized by their constitutions to conclude international agreements. By contrast, the Constitution of Japan vests foreign affairs authority exclusively in the national executive and is silent on the authority of prefectural governments. This Article uncovers and analyzes approximately 180 previously unexamined international commitments concluded by Japanese prefectural governments with foreign states, identified through information …

The Law And Policy Of Gender Provisions In Multilateral And Regional Trade Governance, Maria Panezi

Brooklyn Journal of International Law

Trade is neither gender-neutral in its design nor in its outcomes. This Article offers a bird's-eye view of the law and policy of gender provisions in multilateral and regional trade governance, examines the conceptual boundaries of incorporating gender into trade policy, and evaluates legal and policy approaches that can make trade more responsive to the asymmetries that disproportionately affect women. Using Canada as a case study, the Article examines one of the most comprehensive national frameworks for mainstreaming gender in trade, including the Gender-Based Analysis Plus (GBA Plus) methodology and the inclusion of dedicated gender and trade chapters in several …

Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen

Brooklyn Journal of International Law

This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …

Necessary Biosafety Precautions For Patented Gmos: Ramifications Of Inconsistent Parties Between The Cartagena Protocol And Trips Agreement, Lauren Clements

Brooklyn Journal of International Law

Genetically Modified Organisms (“GMOs”) compose a class of potentially patentable biotechnology that are prominent in international markets. Developed countries like the United States, function as leading producers of these patented GMOs and therefore play a significant role in their development and transnational export. Minimum protections for these forms of biotechnology are outlined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), which permits the patenting of GMOs that ultimately enter the stream of international commerce. Notwithstanding the potential risks GMOs present to the environment, public health, and the economy, the TRIPS Agreement fails to address any form …

Nanosecond Policies: Comparing Us And Chinese Approaches To High-Frequency Trading Regulation, Bilal Laghari

Brooklyn Journal of International Law

High frequency trading has transformed global financial markets, introducing both efficiency gains and significant regulatory concerns. This Note analyzes the divergent approaches of the United States and China in regulating high frequency trading, focusing on how each system addresses issues of market manipulation, information asymmetry, and systemic risk. It contends that the United States’ reliance on outdated and indirect regulatory mechanisms, such as Regulation NMS, has failed to keep pace with technological advancements. In contrast, China’s more recent and targeted regulatory framework provides clearer guidance and stronger oversight of high frequency trading practices. This Note concludes that a hybrid approach, …

Green Technology And International Patents: Incentivizing Innovation Or Blocking Access?, Matteo Rizzi

Brooklyn Journal of International Law

As the global climate crisis intensifies, the transition to clean energy technologies has become an urgent priority for the world's largest carbon dioxide emitters: China, the United States, and India. This Note examines how patent law can serve as a critical instrument in accelerating that transition. The patent system’s core quid pro quo grants inventors exclusive rights in exchange for public disclosure, creating powerful incentives for innovation. Yet the law’s failure to require active use of patented technologies has enabled a range of anticompetitive behaviors, including patent trolling, patent warehousing, and the accumulation of dormant patent portfolios, that allow proprietary …

Colliding Interests: Solving The Space Debris Crisis Through Us-China Cooperation, Grace E. Mannion

Brooklyn Journal of International Law

As human activity in outer space accelerates, the accumulation of space debris in Low Earth Orbit (LEO) presents an increasingly urgent threat to global infrastructure, economic stability, and the future of space exploration. This Note examines the regulatory and geopolitical challenges underlying the space debris crisis, with particular attention to the fragmented nature of existing international legal frameworks. Current regimes, including the Outer Space Treaty and the Liability Convention, establish broad principles of cooperation and liability but fail to meaningfully address the rapid growth of orbital debris driven by both state and commercial actors. Focusing on the United States and …

A Systematic Review Of Restorative Justice In Criminal Contexts, Sigifredo Castell Britton

Journal of Social, Behavioral, and Health Sciences

Restorative justice has gained growing attention within criminal justice reform as a practical alternative to approaches centered only on punishment. It emphasizes accountability, dialogue, and community reintegration, offering a different way to understand how change in behavior takes place. This systematic review examined quantitative evidence from 34 studies, selected from an initial pool of 112 records identified through databases such as Google Scholar, ProQuest, JSTOR, and institutional repositories. The studies assessed a range of interventions, including victim-offender mediation, diversion programs, community conferencing, and in-prison initiatives, which allowed comparison across different settings and populations. Across these studies, 79.4% reported statistically significant …