International Law Commons^™

The International Law And Politics Of The Trump Administration's Iran Policy, Nedim Hogic

Penn State Journal of Law & International Affairs (2012 - Present)

Abstract: Donald Trump’s promise to lead an “America first” foreign policy captured the attention of both American and international legal scholars. This paper aims to join that debate by examining the international legal challenges of Trump administration’s policy towards Iran. It does so by examining two main approaches of the administration: the exercise of unilateral sanctions towards Iran and the negotiation strategy deployed by Donald Trump personally. In examining the former, the paper relies on doctrinal legal research. In examining the latter behavioral approach to international law and economics, I use a relatively novel approach borrowing insights from political psychology …

The Post-Pandemic Order: A Blueprint For Balancing Health And Ip Interests In The Age Of Covid Variants, Arjun Padmanabhan, Tanner J. Wadsworth

Penn State Journal of Law & International Affairs (2012 - Present)

In December 2021, the World Health Assembly (“WHA”) convened to develop a pandemic response treaty for future pandemics. Unfortunately, as presently envisioned, the resulting pandemic response framework will suffer from many of the same inadequacies that prevented existing frameworks from responding effectively to COVID-19. The threat of new pandemics emerging in the future—and new variants developing in the present—call for a more integrated, robust, comprehensive solution.

This Article lays a blueprint for that solution: a global multilateral Council empowered to (1) investigate developing pandemics; (2) incentivize pharmaceutical companies to rapidly-produce vaccines and share them through voluntary licenses or TRIPS compulsory …

Ireland’S Case Of Diminishing Returns: How Ireland’S Corporate Tax Policy Fails To Serve The Irish People And Their Democracy, Ronan Nelson

San Diego International Law Journal

This Comment starts by providing a historical overview of Irish corporate tax policy and the significant role it played in bringing the country up to economic strength with other economies in Western Europe. Then, it explains the current state of Ireland’s corporate tax code and explores influential legislation in the European Union and the United States governing their respective approaches to tax competition and tax harmonization. This is done to more clearly juxtapose the Irish government’s outdated, yet continuing maintenance of the country’s tax haven status with changes in international tax enforcement and corporate tax policy that further diminish the …

International Law, Corruption And The Rights Of Children In Africa, John Mukum Mbaku

San Diego International Law Journal

In adopting the African Charter on the Rights and Welfare of the Child (“African Child Charter”) on July 1, 1990, Africans, through the Organization of African Unity, officially recognized the need to guarantee the fundamental rights of all children. They also imposed obligations on all African States to recognize the rights, freedoms and duties enshrined in the African Child Charter and required States to take all necessary measures to give effect to these rights. To aid in the realization of these rights, each African State was expected to domesticate the African Child Charter and create rights that are justiciable in …

Comparing Social Media Content Regulation In The Us And The Eu: How The Us Can Move Forward With Section 230 To Bolster Social Media Users’ Freedom Of Expression, Trent Scheurman

San Diego International Law Journal

This Article will compare 47 U.S.C. § 230 (“Section 230”), the United States law governing civil claims that prevent social media companies from being treated like the publishers of their own users’ posts and the companies’ abilities to remove user posts, with the European Union’s (“EU”) equivalent governing law, the E-commerce Directive. The E-Commerce Directive will be used as an example of a governmental regulation that better prevents viewpoint discrimination, but at the cost of a lower standard of user expression. A lower standard of user expression means diminished rights in exercising free speech, as exemplified by the EU outlawing …

23-2, 2022 Masthead

San Diego International Law Journal

No abstract provided.

How The U.S. Can Make Subject Matter Eligibility More Predictable And Free Artificial Intelligence Innovation, Kelley Sheehan

San Diego International Law Journal

This Article will begin by exploring the abilities of current A.I. technology, the effects of current law on innovation in the A.I. industry across different countries, how countries have dealt with the increasing applications in the field, the important applications of A.I., and how more predictable patentability might be achieved based on goals for the U.S. industry and modeling other countries.

A discussion of patent law treatment of A.I. in the U.S., China, and Japan sets the stage for how each country has adapted to attempt to address this growing industry. From there, solutions and suggestions will be made on …

Signed, Sealed, & Undelivered: Unsuccessful Attempts Of Foreign Judgment Recognition Between The U.S. And China, Shun-Hsiang Chen

Brooklyn Journal of Corporate, Financial & Commercial Law

With the growth of international trade between the United States and China, the issue of not having a reciprocity system for recognition and enforcement of foreign judgments between the two countries has become increasingly more prevalent. Since ratifying the New York Convention, parties from both countries have primarily relied on arbitration to settle disputes. However, as trade continuously expands, the need for a reciprocal system for foreign judgments expands alongside it. This note addresses the history of the Hague conventions and the attempts to resolve foreign judgment recognition and enforcement on a multilateral scale. The note then continues discussing how …

The Post-Pandemic Order: A Blueprint For Balancing Health And Ip Interests In The Age Of Covid Variants, Arjun Padmanabhan, Tanner J. Wadsworth

Student Scholarship

In December 2021, the World Health Assembly (“WHA”) convened to develop a pandemic response treaty for future pandemics. Unfortunately, as presently envisioned, the resulting pandemic response framework will suffer from many of the same inadequacies that prevented existing frameworks from responding effectively to COVID-19. The threat of new pandemics emerging in the future—and new variants developing in the present—call for a more integrated, robust, comprehensive solution.

This Article lays a blueprint for that solution: a global multilateral Council empowered to(1) investigate developing pandemics; (2) incentivize pharmaceutical companies to rapidly-produce vaccines and share them through voluntary licenses or TRIPS compulsory licensing …

How Technology Is Changing Justice In China, Shitong Qiao, Zhiyu Li, Benjamin Chen

Judicature International

No abstract provided.

Well-Known Signs: Models Of Disability In Early Modern Islamic Law And Current American, European, And Pakistani Jurisprudence, Elicia Shotland

Washington International Law Journal

Current American, European, and Pakistani legal structures are often insufficient to ensure rights of disabled people, particularly rights of equal access to courts and to act as a witness in court. As the disability rights movement gains ground, judges and legislation drafters are struggling to shift modes of jurisprudence from a medical model that conceptualized disability as a permanent physical affliction to the social model, which locates disability in an individual’s relation to their built and social environments. A review of historical records concerning deaf and hard of hearing participants in legal processes from the Ottoman Empire shows that the …

Treaty Law To Signal To Outsiders: The Case Of The Treaty On The Prohibition Of Nuclear Weapons, Tobias Vestner

Washington International Law Journal

The Treaty on the Prohibition of Nuclear Weapons (TPNW) comprehensively and unequivocally prohibits nuclear weapons. The treaty was created to foster and diffuse norms against nuclear weapons, thereby stigmatizing and delegitimizing nuclear weapons and deterrence. The TPNW’s nature as formal treaty under international law suggests, however, that the TPNW primarily serves signaling to states which have not adhered to the treaty, in particular nuclear weapon states. This article develops how treaty law enables signaling to outsiders. Treaty law notably offers visibility, screens between “insiders” and “outsiders,” communicates substance, and provides credibility to the signal. In line with treaty law’s finality …

The Right To Remain, Timothy E. Lynch

Washington International Law Journal

Article 12.4 of the International Covenant on Civil and Political Rights (ICCPR) states, “No one shall be arbitrarily deprived of the right to enter his own country.” Citizens clearly enjoy Article 12.4 rights, but this article demonstrates that this right reaches beyond the citizenry. Using customary methods of treaty interpretation, including reference to the ICCPR’s preparatory works and the jurisprudence of the Human Rights Committee, this article demonstrates that Article 12.4 also forbids States from deporting long-term resident noncitizens—both documented and undocumented—except under the rarest circumstances. As a result, the ICCPR right to remain in one’s own country is a …

The Chorus Doctrine: Promoting Sub-National Diplomacy In Regional Growth Management, Conor J. Mannix

Washington Law Review

Sub-national diplomacy, also known as paradiplomacy, occurs when sub-national actors (think cities or states) engage in international relations, either with other sub-national actors or nation-states. Though typically the province of foreign policy scholarship, paradiplomacy touches on several legal issues, particularly where sovereignty and legal frameworks collide. In the United States, the federal system established by the Constitution gives individual states plenary power but reserves international relations to the federal government through the Supremacy Clause. However, the lines between federal power and state power with regards to international relations remain fuzzy.

Sub-national actors are taking advantage of this lack of sharply …

Lessons Of The Past And The Humanitarian Outreach Of Poland To Ukrainian Refugees, Karin Mika

Law Faculty Articles and Essays

The reaction of Poland and its people is a refreshing departure from the historic blood rivalries of the past. This is similarly true of both Romania and Hungary; however, it is Poland that has absorbed the majority of Ukrainian refugees and Poland that has the most historically contentious relationship with Ukraine. Poland’s current humanitarian efforts with respect to its Ukrainian neighbors is evidence that some lessons have been learned from the past. Perhaps there is hope that some of the centuries old blood feuding can come to an end and countries can better work toward cooperative relationships in the future.

Hong Kong, China, And The Disruption Of Antitrust, Emanuela Lecchi

Washington International Law Journal

Under the “One Country, Two Systems” rule, Hong Kong and China maintain different legal systems. This dichotomy also applies in the antitrust context. China adopted its Anti-Monopoly Law in 2007, while Hong Kong waited until 2012 to introduce its Competition Ordinance (and another three years to fully implement it). This article compares the antitrust laws of these two jurisdictions and their enforcement in light of a turning point: the disruption caused by Big Tech. Interestingly, while the competition laws of Hong Kong and China are substantively similar to each other and to legal precedent in other jurisdictions, Hong Kong has …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Memoria, Verdad Y Justicia: Situacion Y Perspectivas Etudes: Premiere Partie: Justice Transitionnelle Et Reconciliation, Juan Mendez

Scholarly Articles in Law Reviews & Journals

La evolucion de los principios de justicia transicional en el Derecho Internacional de los Derechos Humanos debe verse con un enfoque juridico que ponga de manifiesto la frondosa jurisprudencia que se ha poducido en respuesta a las trabas y obstAculos en diversos paises para la realizacibn de la justicia. Esto es especialmente cierto en America Latina, donde el sistenma interamericano de proteccion ha establecido con firmeza varias de estas obLigaciones internacionales del Estado. Pern no se trata de reglas aplicables solamente en el mbito interamericano, sino que se irproducen de diversas formas en otros sistemas regionales y tambidn en la …

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …

Restricting Double-Hatting To Safeguard International Arbitrations, Yasaschandra Devarakonda

Pepperdine Dispute Resolution Law Journal

Double-hatting is when an individual plays the dual role of an arbitrator and a legal counsel—a concept first introduced by Professor P. Sands during an IBA conference in 2009. While it hampers the credibility of the arbitral process, its proponents oppose a complete prohibition reflecting on its benefits. The author hypothesizes that this issue has been inadequately addressed in international commercial arbitrations in juxtaposition to international investment arbitrations. Supporting this, the author introduces the concept, tracing its judicial landscape and scholarly discourse in investment arbitrations highlighting the need to adopt a similar approach in commercial arbitrations. Thereafter, the definition of …

Can Social Media Corporations Be Held Liable Under International Law For Human Rights Atrocities?, Juliana Palmieri

Pace International Law Review

This article examines the relevant international law associated with genocide and hate speech and examines whether there are any legal grounds to hold a corporation liable for how people chose to use its product or service in relation to human rights violations. The analysis begins with a brief overview of international criminal and human rights law, relevant treaties, jurisdictional issues, and the legal theories of corporate criminal liability and complicity. Because current international law provides no clear answer, this article proposes that international courts use a balancing test which evaluates a non-exclusive list of ten main factors.

World War I And The Armenian Genocide: Laying The Groundwork For Crimes Against Humanity, Julia Koch

Pace International Law Review

For all of its advancements in international law, including delivering justice to the war criminals of the Second World War, the International Military Tribunal in Nuremberg has long been tainted with accusations of victors’ justice and criticized for violating the principle of nullem crimen sine lege. Such is the case for crimes against humanity, a crime that did not exist in positive international law until the 1945-46 legal proceedings in Nuremberg. But the historiography of the First World War—an era where punishment for war crimes is generally viewed as a wholesale failure—provides an additional, indeed novel, basis for understanding …

Intellectual Property Rights And Competition Law For Transfer Of Environmentally Sound Technologies, Mahatab Uddin

Pace International Law Review

Battling against climate change, “a common concern of humankind,” is the most prominent global challenge of this century, and Environmentally Sound Technologies (“ESTs”) are the main tools to fight this battle. This article examines the juxtaposed role of Intellectual Property Rights (“IPRs”) and competition laws in facilitating wide-scale innovation and transfer of ESTs in developing and least developed countries. This article covers diverse IPRs, including patents and trade secrets. The discussion and analysis of the IPRs are based on the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). And the discussion on competition law mainly focuses on competition related …

Maritime Security And Threat Of A Terrorist Attack, Aniruddha Rajput

Pace International Law Review

The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive …

Double Classification Of Non-Consensual State Interventions: Magic Protection Or Pandora’S Box?, Pauline Lesaffre

International Law Studies

The classification under international humanitarian law of certain cross-border armed conflicts against an organized armed group remains controversial. More specifically, cross-border armed conflicts resulting from a non-consensual State intervention, such as the United States’ intervention in Syria (without Syrian consent) against the Islamic State, still divide legal scholarship regarding their appropriate classification. One theory argues for a single classification of non-international armed conflict between the intervening State and the organized armed group; another theory relies on a double classification of non-consensual State interventions, adding to the non-international armed conflict an international armed conflict between the intervening State and the territorial …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama

University of Miami Inter-American Law Review

For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.

International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson

University of Miami Inter-American Law Review

The impact of the COVID–19 pandemic has been felt world-wide, and despite having several vaccines in the market at this point, there are still issues of accessibility for certain countries. International intellectual property law has been a breeding ground for the exploration of intellectual curiosity and creation as it provides strong protections to creators. These strong protections have allowed for the monopolization of certain goods, such as vaccines, under the concept of patents. While patents are important to incentivize pharmaceutical companies to create life–saving medicines, these protections have also become a barrier for access to medicines, especially in less–developed countries. …

Criminal Liability For The Destruction Of Cultural Property: The Prosecutor V. Bosco Ntaganda, Emma A. O'Connell

DePaul Journal for Social Justice

No abstract provided.

Middle East, Mohamed Hashish, Walid Nabil Taha, Alon Kaplan, Meytal Liberman, Daniel Cooper, David Pfeiffer, Ola Saab, Hassan El Khalil, Kelly Blount, Bashar Malkawi, Delissa A. Ridgway

The Year in Review

No abstract provided.