International Law Commons^™

Peeling Back The Onion Of Cyber Espionage After Tallinn 2.0, David A. Wallace, Amy H. Mccarthy, Mark Visger

Maryland Law Review

Tallinn 2.0 represents an important advancement in the understanding of international law’s application to cyber operations below the threshold of force. Its provisions on cyber espionage will be instrumental to states in grappling with complex legal problems in the area of digital spying. The law of cyber espionage as outlined by Tallinn 2.0, however, is substantially based on rules that have evolved outside of the digital context, and there exist serious ambiguities and limitations in its framework. This Article will explore gaps in the legal structure and consider future options available to states in light of this underlying mismatch.

Regulating Offshore Finance, William J. Moon

Faculty Scholarship

From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks, and insurance companies.

While the prevailing account has examined offshore financial havens as “tax havens” that facilitate the evasion or avoidance of domestic tax, this Article uncovers how offshore jurisdictions enable corporations to evade domestic regulatory law. Specifically, recent U.S. Supreme Court cases restricting the geographic …

Polar Opposites: Assessing The State Of Enviromental Law In The World's Polar Regions, Mark P. Nevitt, Robert Percival

Faculty Scholarship

No abstract provided.

Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker

Maryland Law Review

No abstract provided.

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Maryland Law Review

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization “(WTO”) contemplates that violations of one of its covered agreements may be remedied through “cross-retaliation,” or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations.

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional …

Zivotofsky V. Kerry: Choosing International Reputation Over Separation Of Powers, Hannah Cole-Chu

Maryland Law Review

No abstract provided.

Access To Essential Medicines In African Countries: An Introduction, Peter G. Danchin, Diane Hoffmann

Faculty Scholarship

No abstract provided.

Exceptional And Universal? Religious Freedom In American International Law, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Sleep: A Human Rights Issue, Clark J. Lee

Homeland Security Publications

Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …

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Interim Measures In Response To The Criminal Prosecution Of Corporations And Their Employees By Host State In Parallel With Investment Arbitration Proceedings, Henry G. Burnett, Jessica Beess Und Chrostin

Maryland Journal of International Law

No abstract provided.

Reforming The International Investment Law System, Simon Lester

Maryland Journal of International Law

No abstract provided.

Nml Capital V. Argentina: Enforcing Contracts In The Shadow Of The Foreign Sovereign Immunities Act, Matthew D. Mcgill, Alexander N. Harris

Maryland Journal of International Law

No abstract provided.

“For Greater Certainty”: Calibrating Investment Treaties To Protect Foreign Investment And Public Health, Ryan Mellske

Maryland Journal of International Law

No abstract provided.

U.S. Discovery In Aid Of Investor-State Arbitrations: A Blessing Or A Curse?, Melissa Stear Gorsline, Maria Pradilla Picas

Maryland Journal of International Law

No abstract provided.

Just Your Run-Of-The-Mill Sovereign Debt Crisis: An Analysis Of Republic Of Argentina V. Nml Capital, Ltd., Jordan Reth

Maryland Journal of International Law

No abstract provided.

Carving Out New Exceptions To Sovereign Immunity: Why The Nml Capital Cases May Harm U.S. Interests Abroad, Adriana T. Ingenito, Christina G. Hioureas

Maryland Journal of International Law

No abstract provided.

How Informed Is Sovereign Consent To Investor-State Arbitration?, David N. Cinotti

Maryland Journal of International Law

No abstract provided.

Protecting Ancient Heritage In Armed Conflict: New Rules For Targeting Cultural Property During Conflict With Isis, Hannah G. He

Maryland Journal of International Law

No abstract provided.

Trans People And Legal Recognition: What The U.S. Federal Government Can Learn From Foreign Nations, Amy Rappole

Maryland Journal of International Law

No abstract provided.

The Impact Of Republic Of Argentina V. Nml Capital, Ltd.: Why The Supreme Court’S Ruling Against Argentina Avoided A Host Of Unintended, Negative Consequences, Ellen Ginsberg Simon, Q. Monty Crawford

Maryland Journal of International Law

No abstract provided.

The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price

Legal History Publications

After the War of 1812, the maritime industry began to decline and merchants and mariners began serving as privateers for Latin American colonies ceding from Spain. This paper examines the Supreme Court decision in an action filed on behalf of the Spanish government seeking restitution for cargo seized from a Spanish vessel, the Santissima Trinidad, on the high seas by the Independencia Del Sud, a public vessel of Buenos Ayres. The Court holds that jurisdiction exists for neutrality violations as the goods were landed at Norfolk, Virginia and the public vessel had an illegal augmentation of force in a U.S. …

Immunity Or Regulation?: Antinomies Of Religious Freedom, Peter G. Danchin, Saba Mahmood

Faculty Scholarship

No abstract provided.

The Mutual Non-Denial Principle, China's Interests, And Taiwan's Expansion Of International Participation, Wei-Chin Lee

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Emergence Of New Corporate Social Responsibility Regimes In China And India, Shruti Rana, Afra Afsharipour

Faculty Scholarship

In an era of financial crises, widening income disparities, and environmental and other calamities linked to corporations, calls for greater corporate social responsibility (“CSR”) are increasing rapidly around the world. Though CSR efforts have generally been viewed as voluntary actions undertaken by corporations, a new CSR model is emerging in China and India. In a marked departure from CSR as it is known in the United States and as it has been developing through global norms, China and India are moving towards mandatory, not voluntary, CSR regimes. They are doing so not only in a time of great global economic …

International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller

Maryland Law Review

No abstract provided.

Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble

Maryland Law Review

No abstract provided.

Sustaining The Triangular Balance: The Taiwan Strait Policy Of Barack Obama, Ix Jinping, And Ma Ying-Jeou, Dean P. Chen

Maryland Series in Contemporary Asian Studies

No abstract provided.

China Under The New Leadership, Hsin-Chi Kuan

Maryland Series in Contemporary Asian Studies

No abstract provided.

Minimizing Corruption In China: Is This An Impossible Dream?, Jon S.T. Quah

Maryland Series in Contemporary Asian Studies

No abstract provided.

Political Economy Of Vietnam: Market Reform, Growth, And The State, Joshua M. Steinfeld, Khi V. Thai

Maryland Series in Contemporary Asian Studies

No abstract provided.