International Law Commons^™

Belgium’S Implementation Of The Eu Copyright Directive: An Investigation Of The State Of Equitable Remuneration, Soraya Mazarei

Cardozo International & Comparative Law Review

As streaming becomes the dominant means of music consumption around the globe, songwriters have lost out to music publishers in the contracting process. Ultimately, songwriters are making less money than they used to. Some countries have opted to address this growing problem. Various European countries, including Belgium, have made great strides towards levelling the playing field, to the benefit of songwriters. The subject of equitable remuneration (ER) in the music industry is one that garners ever-more attention, particularly as streaming giants like Spotify win an ever-larger proportion of the music market. Thus far, ER regimes have focused largely on featured …

International Arbitration And Conflicts Of Law: Three Hard Questions For Symeon, Peter B. Rutledge

Scholarly Works

The presence of a foreign element in a legal relationship inevitably introduces intricate choice-of-law issues. This postulate holds especially true in the context of international arbitration. Arbitration involves an exceptional degree of procedural freedom (including over the choice of the applicable law) and a distinctive conflict-of-laws regime that may be unbound from a particular national legal system. This article examines several choice-of-law issues arising in the context of international arbitration. In particular, Section I of this article addresses whether the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards, otherwise known as the New York Convention, is selfexecuting …

Criminalizing Ecocide: An Opportunity To Embed The Inseparability Of Humans From Nature Into The Law, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Amid widespread acknowledgment that we live on a planet in peril, the term “ecocide” packs a powerful rhetorical punch. Extant regulatory approaches to environmental protection feel insufficient in the face of the triple threat of climate change, pollution, and biodiversity loss. International criminal prosecution for ecocide, by contrast, promises to meet the moment, and a recent proposal to introduce ecocide into the canon of core international crimes is gaining traction. Assuming the push to criminalize ecocide continues to gain momentum, this Article argues that the primary (and perhaps, sole) benefit that international criminal law can offer in this context is …

Re-Recording The Record: The Case For A Stronger Moral Right Of Integrity In The United States, Alexandria Touron

Fordham Law Review

In the United States, musical artists have limited legal recourse over transferring ownership of their music to third parties, even when such transfers may harm the artist’s reputation or the integrity of the work. Even the most prominent musicians, like Taylor Swift, must operate within an industry structure that normalizes the transfer of rights and, thus, control of their creative works. This occurs because U.S. law ties artists’ rights almost exclusively to economic ownership of their work unless they specifically bargain to keep their moral rights. However, most other countries have comprehensive moral rights frameworks where all artists can protect …

Trademark Proprietors' "Moral Right" As An Exception To The Doctrine Of Exhaustion Of Rights In Trademarks, Sahana Simha, Ram Mohan M P

American University Business Law Review

Trademark law is primarily viewed as a consumer protection law. Proprietary and consumer interests are not always balanced. This is especially the case with the doctrine of exhaustion of rights in trademarks, where the trademark owner loses control over the further distribution of their trademarked product once sold. Existing statutory exceptions to this doctrine allow the proprietor to take action against resellers only when the product has been impaired or changed. The exceptions do not account for harm or damage to the reputation and goodwill associated with a trademark as a ground to override exhaustion. This article analyzes legislative and …

The Transnationalisation Of Civil Society In East Asia’S War Redress Movement, Timothy Webster

Faculty Scholarship

Transnational human rights litigation is commonly associated with developments in Europe and the Americas during the 1990s. But Asian actors have used legal mobilisation to hold corporate actors to account since at least the 1970s. This chapter charts the first usages of transnational litigation in East Asia’s Word War II redress movement, akin to the Holocaust Restitution movement of the West. Korean and Chinese forced labourers liaised with Japanese attorneys, activists and academics to press compensation claims against Japanese corporations for wartime human rights abuses in Tokyo. Legal mobilisation did not succeed in the traditional sense. Yet, the formation of …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Rectifying The Rome Statute And Draft Articles On Prevention And Punishment Of Crimes Against Humanity To Include The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

The slave trade is commonly misperceived as a historical crime. Yet, the scourge of the slave trade is present throughout the world today. Combatting these ongoing atrocity crimes is essential to ensure that human rights are upheld by the international community. The crime of the slave trade fills an impunity gap, especially in light of recentharms perpetuated by the Islamic State of Iraq and Syria (ISIS) against the Yazidi in Iraq. Revitalization of the conceptualization of the slave trade as a crime under international law might ensure greater enforcement of one of the oldest core international crimes. Critical proposed amendments …

The Urgency Of Artificial Intelligence Code Of Ethics, Tundjung Herning Sitabuana, Dixon Sanjaya, Ibra Fulenzi Amri, Nethan Nethan

Indonesia Law Review

The era of artificial intelligence has become a characteristic of industrial era 5.0 which has been used in various aspects. Potential economic value of AI has driven various forms of AI innovation development. Exploration of AI tends to override negative impacts of such developments. The emergence of ethical issues with presence of AI encourages the need for a law-based approach to establishing ethical standards to protect entire Indonesian nation. Therefore, this research was conducted to examine urgency for an AI code of ethics. This paper will normatively describe data qualitatively to answer urgency and development of AI code of ethics …

Global Human Rights Sanctions: How Can They Contribute To Addressing Mass Atrocities?, Yifan Jia

Genocide Studies and Prevention: An International Journal

Global Human Rights Sanctions (GHRS) have been used in over 30 countries as a mechanism for imposing unilateral human rights sanctions on individual perpetrators. Despite the hundreds of specific sanctions that have been imposed globally, there remains a lack of understanding about how these measures function on gross human rights violations. This article seeks to explore how GHRS, as an emerging human rights mechanism, contributes to addressing mass atrocities. I categorize the functions of GHRS into two phases: post-atrocity and pre-atrocity. In the post-atrocity phase, I identify three primary objectives asserted by sanctioning states: punishing perpetrators, promoting behavioral change, and …

Placing The Four Rounds Of Israeli Palestinian Negotiations In The Twenty-First Century In The Context Of Ir Theory, Notably Realism Theory, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

On October 7, 2023, Hamas unleashed a vicious attack on Israeli civilians in the southern part of Israel. The plans for this attack were likely many years in the making. Nine hundred miles of tunnels crisscrossed Gaza with the terrorist infrastructure coinciding with the location of hospitals, school, Mosques and shelters above. On October 6, 2023, the history of the four rounds of Israeli Palestinian negotiations of the earlier part of the twenty-first century had been largely forgotten and completely ignored. The Likud coalition in Israel in 2023 - 2024 was in complete agreement with Hamas’ sponsor that no negotiations …

In Conversation With Petr Angyalossy, Chief Justice Of The Czech Republic, Petr Angyalossy, David Collins

Judicature International

No abstract provided.

Does The Loss Of Chance Doctrine Have A Chance In International Sport Arbitration?, Dmitry A. Pentsov

Brooklyn Journal of International Law

The Article analyzes whether and, if so, how, the loss of chance doctrine providing the basis for claims against person who deprived victims of a chance of occurrence of a certain result or decreased this chance could be used in international sport arbitration at the Court of Arbitration for Sport (CAS). It provides a comparative analysis of applicability of this doctrine under English law, French law, and the law of the State of New York to sport competitions and outlines potential problems of utilizing this doctrine in the CAS arbitration through domestic law based on choice-of-law rules. The Article argues …

Outlier On Lgbtq Rights: Japanese Ban On Same-Sex Marriage And Its Contradiction In The Age Of Globalization, Yumi Higashi

Brooklyn Journal of International Law

Japan is the only Group of Seven country yet to recognize same-sex marriage. Despite strong public support for marriage equality, the conservative dominance of the Japanese legislature and the Japanese courts’ deferential approach have stalled the change. This Note will analyze the legal issues and implications of Japan’s failure to recognize same-sex marriage and Japan’s worldwide inheritance tax regime, with an emphasis on cross-border succession and estate planning. Specifically, the Note argues that the United States, as the only country with which Japan has a treaty in estate, inheritance, and gift tax, should renegotiate the treaty as it could have …

International Compliance Codes: Reflections On Their Significance, James Fanto

Brooklyn Journal of Corporate, Financial & Commercial Law

This Article explores the significance of international compliance codes. After describing compliance and reviewing compliance program activities and structures that have become the standard compliance mode, it looks at major U.S. and international compliance codes that helped establish and reinforce that model. It then explores reasons for the successful international diffusion of compliance, as evidenced by the international compliance codes. It particularly highlights that the compliance codes have followed a well-trodden path of international codes of business practices, which is to present them as a kind of neutral business technology. It discusses the main reason for this presentation, academic criticism …

A New Governance Framework In Cross-Border Tax Policymaking, Tamir Shanan, Doron Narotzki, Noam Zamir

Brooklyn Journal of Corporate, Financial & Commercial Law

The first tax treaty can probably be traced to the end of the 19th century: the treaty between the Swiss Federal Council (on behalf of the Canton of Vaud) and Great Britain. However, most tax scholars refer to the period following World War I, including the work of the League of Nations, as the formative period in which the international tax regime was founded. In the 1920s, the League of Nations formed a committee of four renowned economists that was asked to formulate a set of rules that would assist states in allocating taxing rights of cross-border income and gains …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

America’S Footnote: International Intervention Required To Decolonize Guam, Katherine Murray

University of Miami Inter-American Law Review

No abstract provided.

A Delicate Balance: Adopting The French Court Of Cassation's Dual Criminality Interpretation, Matthew Hosler

Et Cetera

This Note recommends potential language to be added to various States’ criminal codes to incorporate the French Court of Cassation’s interpretation of the Dual Criminality requirement for prosecutions under universal jurisdiction. This recommendation stems from research into the concept of universal jurisdiction, leading to the discovery of the May 2023 Court of Cassation’s decision that created a pathway for countries to have jurisdiction over specific international crimes despite the crime being committed in another country. Specifically, this Note details the history of universal jurisdiction and its dual criminality requirement from the 17th century to modern times. Next, the Note details …

The Arrest Of Telegram Ceo Pavel Durov & What It Says About Europe’S Approach To Privacy, Soraya Mazarei

Cardozo International & Comparative Law Review (CICLR) Blog

On August 24, 2024, Pavel Durov, the CEO of the messaging app Telegram, was arrested in Paris. French authorities have charged him with various crimes, including complicity in the distribution of child pornography, the sale of illegal drugs, and the distribution of hacking software. Durov is banned from leaving France and must check in at a police station twice a week. If convicted, Durov faces a ten-year prison sentence. French prosecutors are holding Durov criminally liable for permitting criminal activity to go unchallenged on Telegram. This indictment is possible under France’s LOPMI law, which was passed in January 2023. Under …

Arrest The President, Hypothetically, Leo Lombardi

Cardozo International & Comparative Law Review (CICLR) Blog

By what authority does one dare direct that famous phrase, “j’accuse!” at the state’s supreme executor of law? Is there a mechanism, through which a citizen can hold a national government to account? Can the citizen's arrest serve as a symbolic insistence that international humanitarian law be enforced? International humanitarian law is coming to be defined by the dereliction of duty. Where a rules-based international order once stood as a lofty ideal, the reality of a nuclear-armed world now looms over the field’s failures.

This post was originally published on the Cardozo International & Comparative Law Review on November 14, …

Shadows Of The Crown: The Virtue Of Equilibrium In American Sovereign Immunity, William T. Olmstead

Cleveland State Law Review

Under the doctrine of sovereign immunity, the federal and state governments of the United States cannot be sued or prosecuted unless they voluntarily waive their own impunity. In recent decades, the Supreme Court has expanded the scope of the sovereign immunity of the state governments. This Note argues that such an expansion is a profound and shortsighted mistake. It proposes that the most effective way to balance governmental functionality with civic accountability is to pass and ratify a constitutional amendment that solidifies national sovereign immunity and abolishes state sovereign immunity. It argues that such action is necessary to ensure the …

Confronting The War On International Law In The United States, Rebecca Ingber

Online Publications

Harold Hongju Koh’s The National Security Constitution in the 21st Century is a code red threat assessment of the state of public law in America today. True to Koh’s nature, he does not leave us without hope; rather he devotes a sizeable portion of the book to calls for reform, from the legal frameworks governing war powers and intelligence to the division of labor in the national security legal bureaucracy plodding away within the deepest (secure) chambers of the executive branch itself.

Maurer School Of Law Professor, Iu Vice President Elected President Of The American Society Of Comparative Law, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The American Society of Comparative Law has elected Indiana University Maurer School of Law Professor Hannah L. Buxbaum as its next president, the organization announced last week at its annual meeting.

Buxbaum is an internationally recognized scholar in the areas of private international law and international litigation and jurisdiction, and has most recently served as vice president of the ASCL. She is the John E. Schiller Chair in Legal Ethics at the Law School as well as Indiana University’s Vice President for International Affairs.

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …