International Law | Open Access Articles | Digital Commons Network™

Masthead, Cardozo International & Comparative Law Review, Vol. 2 (2018-19)

Cardozo International & Comparative Law Review

No abstract provided.

Go to article

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

Go to article

Economic Crises And Foreign Investors: Between Necessity And Reparation, Suha Ballan

Cardozo International & Comparative Law Review

The article critiques the current investor-state arbitration system for its reliance on private law analogies, which often results in all-or-nothing outcomes unsuitable for addressing economic crises. It advocates for integrating public law remedies into the system to better balance corrective justice with broader economic stability and context. The analysis highlights the limitations of the necessity defense in international law and proposes alternative approaches, such as mandatory insurance and fund allocation models, to address these challenges more effectively.

Go to article

Money Is Fungible, Causation Shouldn't Be: An In-Depth Analysis Of The Proximate Cause Standard Under The Anti-Terrorism Act, Rebecca Glikman

Cardozo International & Comparative Law Review

The article critiques the differing interpretations of proximate cause under the Anti-Terrorism Act (ATA) by the Second and Seventh Circuits, arguing that the Seventh Circuit's more relaxed standard, as articulated in *Boim III*, should be adopted universally. The Second Circuit's strict standard, requiring a direct link between the defendant's actions and the terrorist act, is seen as undermining the ATA's purpose of providing remedies for victims. In contrast, the Seventh Circuit's approach, which considers the fungibility of money and imposes liability for material contributions to terrorist organizations with knowledge or reckless disregard, aligns better with the statute's intent to hold …

Go to article

Emoji: The Other Tech Monopoly, Edward T. Brawley

Cardozo International & Comparative Law Review

No abstract provided.

Go to article

Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures, Rachel Behar

Cardozo International & Comparative Law Review

The EB-5 visa program, designed to stimulate the U.S. economy through job creation and capital investment by foreign investors, has become a controversial tool often misused to fund luxury real estate projects in affluent areas. While the program has contributed significantly to the economy, its implementation has strayed from its original intent, leading to criticism over issues like gerrymandering of Targeted Employment Areas (TEAs), inadequate securities regulation, and fraud risks. The article calls for reforms to align the program more closely with its intended purpose of aiding underserved communities.

Go to article

The Geopolitical Implications Of The United States Of America's Withdrawal From The Paris Agreement, Christopher Mahoney

Cardozo International & Comparative Law Review

The Trump Administration's withdrawal from the Paris Agreement has significant geopolitical implications, as it creates a leadership vacuum that China is poised to fill, potentially reshaping the global transition to renewable energy. While the U.S. federal government steps back from international climate efforts, non-federal actors like states and cities continue to advance climate initiatives. The withdrawal underscores the importance of domestic innovation in clean energy to counterbalance China's growing influence.

Go to article

The Search For Protection For Stateless Refugees In The Middle East: Palestinians And Kurds In Lebanon And Jordan, Susan M. Akram

Faculty Scholarship

Most Arab countries have not ratified the 1951 Refugee Convention/1967 Protocol or the 1954 Convention on the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness has no ratifications in the Middle East. While regional conventions dealing with refugees in the Arab world have been developed, they have been honoured primarily in the breach. Further, many Arab countries do not have domestic laws governing the status of refugees or stateless persons per se, but have applied ad hoc policies to the waves of refugees that have entered and stayed – some for decades – in …

Go to article

Supreme Court Of Canada On The Appropriateness And Scope Of A Global Website Takedown Order, Jennifer C. Daskal

Scholarly Articles in Law Reviews & Journals

In Google v. Equustek, the Supreme Court of Canada ordered Google to delist all websites used by Datalink, a company that stole trade secrets from Equustek, a Canada-based information technology company. Google had agreed to do so in part, but with respect to searches that originated from google.ca only, the default browser for those in Canada. Equustek however, argued the takedowns needed to be global in order to be effective. It thus sought an injunction ordering Google to delist the allegedly infringing websites from all of Google's search engines whether accessed from google.ca, google.com, or any other entry point. Google …

Go to article

The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson

Brooklyn Law Review

We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …

Go to article

Transparency In Corporate Groups, Jay Lawrence Westbrook

Brooklyn Journal of Corporate, Financial & Commercial Law

This Article addresses a remarkable blind spot in American law: the failure to apply the well-established principles of secured credit to prevent inefficiency, confusion, and fraud in the manipulation of the webs of subsidiaries within corporate groups. In particular, “asset partitioning” has been a fashionable subject in which the central problem of non-transparency has been often mentioned but little addressed. This Article offers a concept for a new system of corporate disclosure for the benefit of creditors and other stakeholders. It would require disclosure of corporate structures and allocations of assets among affiliates to the extent the affiliates are to …

Go to article

Assesing The Gig Economy In Comparative Perspective: How Platform Work Challenges The French And American Legal Orders, Jeremy Pilaar

Journal of Law and Policy

Both the gig economy’s critics and supporters tend to assume that it represents an assault on current employment structures. Comparative theory, however, emphasizes that legal regimes are durable in the face of new challenges. Fortunately, the gig economy’s prevalence throughout the world gives scholars the chance to evaluate this tension. This paper analyzes whether platform work undermines existing legal systems by testing two comparative theories in the United States and France. The first predicts that French law should mobilize against platform firms to protect producers’ livelihoods and that American law should embrace these services for lowering consumer prices. The second …

Go to article

"Les Droits Ne Sont Pas Respectés": A Study Of The Effectiveness Of The Moroccan Law In Protecting The Human Rights Of Sub-Saharan Female Migrants, Meghan Gragg

Independent Study Project (ISP) Collection

This paper aims to determine to what extent Moroccan law is protecting female Sub-Saharan migrants against human rights abuses and in the process, it attempts to determine what the Moroccan government needs to do differently to protect this population. Female migrant women from Sub-Saharan Africa are a population that suffers human rights abuses because of their dual positionality as both women and Sub-Saharan migrants: both of which are discriminated populations in Morocco. The research was carried out by communicating with lawyers and non-governmental organization (N.G.O.) team members who work with women to determine the common legal and social problems affecting …

Go to article

Infringement, Unbound, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.

Go to article

Upper Skagit Indian Tribe V. Lundgren, Brett Berntsen

Public Land & Resources Law Review

Stemming from a property dispute between a private landowner and the Upper Skagit Indian Tribe, this action evolved into a debate concerning the scope of tribal sovereign immunity and whether Indian tribes should be bound by certain common law doctrines applicable to most other sovereigns. The Washington Supreme Court originally ruled against the Tribe, citing County of Yakima v. Confederated Tribes and Bands of Yakima Nation in holding that sovereign immunity does not apply to in rem actions. The United States Supreme Court granted certiorari to clarify that its ruling in Yakima did not support such a proposition. The case …

Go to article

International Child Abduction: Bagaimana Indonesia Meresponnya?, Priskila Pratita Penasthika, Lita Arijati, Annissa Gabianti Anggriana

Jurnal Hukum & Pembangunan

Wrongful removal or retention of a child outside the state of his or her habitual residence is known as international child abduction. The Hague Convention on the Civil Aspects of International Child Abduction 1980 established procedures to ensure the prompt return of the internationally abducted child to the state of his or her habitual residence. By discussing the international child abduction cases involving Indonesia, this article demonstrates the obstacles in returning those internationally abducted children. This discussion is undertaken by taking into account the difference in qualifying the concept of international child abduction in Indonesian law and the Hague Convention …

Go to article

The General Description Of The Administrative Act In The German Administrative Procedure Law, J. Nematov

Review of law sciences

This article describes a brief legal-theoretical analysis of the main characteristics of the administrative procedures in Germany.

Go to article

Civil-Law Protection Of Honor, Dignity And Business Reputation In The Civil Legislation Of Uzbekistan And Japan, I. Yakubova

Review of law sciences

Comparative legal analysis of the civil-law protection of honor, dignity and business reputation is conducted on the base of the views of the scientists of Uzbekistan and Japan and civil legislation of two countries and as a result, this analysis provides proposals and inferences on improvement of the acting national legislation.

Go to article

Problems Of Legal Regulation Of The International Distribution Agreement, D. Imamova

Review of law sciences

In this article, the author reveals the problems of the legal regulation of the international distribution contract and the legal settlement of the distribution contract in the legislation of the Republic of Uzbekistan.

Go to article

Implementation Of International Law In The Criminal Legislation Of The Republic Of Uzbekistan, F. Fazilov

Review of law sciences

In this article, the author analyzes the issues of bringing criminal norms in accordance with the international treaties of the Republic of Uzbekistan.

Go to article

Implementation Of International Law In The Criminal Legislation Of The Republic Of Uzbekistan, F. Fazilov

Review of law sciences

In this article, the author analyzes the issues of bringing criminal norms in accordance with the international treaties of the Republic of Uzbekistan.

Go to article

The General Description Of The Administrative Act In The German Administrative Procedure Law, J. Nematov

Review of law sciences

This article describes a brief legal-theoretical analysis of the main characteristics of the administrative procedures in Germany.

Go to article

Civil-Law Protection Of Honor, Dignity And Business Reputation In The Civil Legislation Of Uzbekistan And Japan, I. Yakubova

Review of law sciences

Comparative legal analysis of the civil-law protection of honor, dignity and business reputation is conducted on the base of the views of the scientists of Uzbekistan and Japan and civil legislation of two countries and as a result, this analysis provides proposals and inferences on improvement of the acting national legislation.

Go to article

Problems Of Legal Regulation Of The International Distribution Agreement, D. Imamova

Review of law sciences

In this article, the author reveals the problems of the legal regulation of the international distribution contract and the legal settlement of the distribution contract in the legislation of the Republic of Uzbekistan.

Go to article

Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja

International Law Studies

Under Article 36 of the 1977 Additional Protocol I to the Geneva Conventions, States are required to review new weapons for their compliance with international law. While recent discussions on the regulation of lethal autonomous weapons systems under the auspices of the UN Certain Conventional Weapons Convention increasingly emphasize the importance of national weapons review mechanisms, Article 36 is known to be implemented only by a handful of States. Some legal scholars have nonetheless argued that the Article 36 obligation has attained customary international law status. Remarkably, substantive analysis of State practice and opinio juris required to evidence that certain …

Go to article

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney

Pepperdine Law Review

In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …

Go to article

The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn

Law Faculty Scholarship

No abstract provided.

Go to article

Altera, The Arm's Length Standard, And Customary International Tax Law, Reuven S. Avi-Yonah

MJIL Opinio Juris

The recent Altera case in the US Tax Court (on appeal to the Ninth Circuit) raises interesting issues in regard to the much-debated topic of whether customary international tax law (CITL) exists. Altera involved the question whether the cost of employee stock options should be included in the pool of costs that must be shared under a cost sharing agreement. In Xilinx, the Ninth Circuit held under a previous version of the regulations that these costs should not be included because unrelated parties operating at arm’s length would not have agreed to include them. Treasury then amended the regulation to …

Go to article

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

This Article begins with a brief summary of the scientific basis of creating GMOs and its historic precursors. The second section provides an overview of risks to humans and the environment. The third part of this Article analyzes the arguments put forward by both the United States and the E.U., which have defined the conflict between blocs of countries pushing GMOs abroad and those who persistently reject them. The fourth section evaluates the respective regulatory schemes imposed on GMOs by the United States and Europe, domestically and by international treaty. The success of these systems is evaluated in the fifth …

Go to article

Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington

San Diego International Law Journal

It is the author's contention that both parties to the policing arrangement-be they individuals, states, or organizations-give up portions of their sovereignty in the creation and maintenance of the police and policed relationship where the police are not serving the state which theoretically guards the policed. Part II of this Article provides a discussion of legal concepts of state sovereignty in international law. Part III examines the role of police in U.N. peacekeeping missions from the first peacekeeping mission entailing policing operations in the 1960s through present day operations. This examination reveals a pattern in the growth and development of …

Go to article

Full-Text Articles in International Law

Masthead, Cardozo International & Comparative Law Review, Vol. 2 (2018-19)

Cardozo International & Comparative Law Review

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 1

Cardozo International & Comparative Law Review

Economic Crises And Foreign Investors: Between Necessity And Reparation, Suha Ballan

Cardozo International & Comparative Law Review

Money Is Fungible, Causation Shouldn't Be: An In-Depth Analysis Of The Proximate Cause Standard Under The Anti-Terrorism Act, Rebecca Glikman

Cardozo International & Comparative Law Review

Emoji: The Other Tech Monopoly, Edward T. Brawley

Cardozo International & Comparative Law Review

Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures, Rachel Behar

Cardozo International & Comparative Law Review

The Geopolitical Implications Of The United States Of America's Withdrawal From The Paris Agreement, Christopher Mahoney

Cardozo International & Comparative Law Review

The Search For Protection For Stateless Refugees In The Middle East: Palestinians And Kurds In Lebanon And Jordan, Susan M. Akram

Faculty Scholarship

Supreme Court Of Canada On The Appropriateness And Scope Of A Global Website Takedown Order, Jennifer C. Daskal

Scholarly Articles in Law Reviews & Journals

The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson

Brooklyn Law Review

Transparency In Corporate Groups, Jay Lawrence Westbrook

Brooklyn Journal of Corporate, Financial & Commercial Law

Assesing The Gig Economy In Comparative Perspective: How Platform Work Challenges The French And American Legal Orders, Jeremy Pilaar

Journal of Law and Policy

"Les Droits Ne Sont Pas Respectés": A Study Of The Effectiveness Of The Moroccan Law In Protecting The Human Rights Of Sub-Saharan Female Migrants, Meghan Gragg

Independent Study Project (ISP) Collection

Infringement, Unbound, Sarah R. Wasserman Rajec

Faculty Publications

Upper Skagit Indian Tribe V. Lundgren, Brett Berntsen

Public Land & Resources Law Review

International Child Abduction: Bagaimana Indonesia Meresponnya?, Priskila Pratita Penasthika, Lita Arijati, Annissa Gabianti Anggriana

Jurnal Hukum & Pembangunan

The General Description Of The Administrative Act In The German Administrative Procedure Law, J. Nematov

Review of law sciences

Civil-Law Protection Of Honor, Dignity And Business Reputation In The Civil Legislation Of Uzbekistan And Japan, I. Yakubova

Review of law sciences

Problems Of Legal Regulation Of The International Distribution Agreement, D. Imamova

Review of law sciences

Implementation Of International Law In The Criminal Legislation Of The Republic Of Uzbekistan, F. Fazilov

Review of law sciences

Implementation Of International Law In The Criminal Legislation Of The Republic Of Uzbekistan, F. Fazilov

Review of law sciences

The General Description Of The Administrative Act In The German Administrative Procedure Law, J. Nematov

Review of law sciences

Civil-Law Protection Of Honor, Dignity And Business Reputation In The Civil Legislation Of Uzbekistan And Japan, I. Yakubova

Review of law sciences

Problems Of Legal Regulation Of The International Distribution Agreement, D. Imamova

Review of law sciences

Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja

International Law Studies

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney

Pepperdine Law Review

The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn

Law Faculty Scholarship

Altera, The Arm's Length Standard, And Customary International Tax Law, Reuven S. Avi-Yonah

MJIL Opinio Juris

Moving Beyond The Wto: A Proposal To Adjudicate Gmo Disputes In An International Environmental Court, Marguerite A. Hutchinson

San Diego International Law Journal

Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington

San Diego International Law Journal