International Law Commons^™

Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim

Notre Dame Journal of International & Comparative Law

No abstract provided.

Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir

Notre Dame Journal of International & Comparative Law

No abstract provided.

The 2022 Fifa World Cup As A Catalyst For Labor Standards Of Sport Professionals? A New Institutional Theory Perspective, Ilias Bantekas, Marko Begović

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Need For A United States National Antiquities Database: A Valuable Suggestion From The Nicosia Convention, Sula, Dea

Santa Clara Journal of International Law

Antiquities trafficking is an international cultural and security risk due to the involvement of organized crime. The Nicosia Convention proposes utilization of shared national databases cataloging antiquities as a method to combat the antiquities black market. The United States should adopt this database recommendation. A comprehensive database of antiquities in the U.S. is technically feasible. Further, a database would strengthen American criminal law by creating evidence that a buyer could have notice and knowledge of the status of a trafficked antiquity, the lack of which currently incentivizes authorities to use civil forfeiture actions instead of criminal prosecution. Implementing an antiquities …

Esg Investing: Government Push Or Market Pull?, Mendenhall, Allen, Sutter, Daniel

Santa Clara Journal of International Law

This Article documents various government actions driving the Environmental, Social, and Governance (ESG) movement to offer perspective on the debate regarding whether markets or governments propel ESG. These include mandating an energy transition; promulgating laws, rules, and directives compelling ESG reporting; and providing generous tax incentives and financial subsidies. We document the government push for ESG in the United States, Europe, and other Organisation for Economic Co-operation and Development (OECD) nations, and by international financial institutions. We do not deny that many investors across the globe are interested in ESG as opposed to only private returns. However, the breadth and …

Counterterrorism Uses Of Force: The Laws Of War And Jus Ad Vim, Salomon, Paolo

Santa Clara Journal of International Law

Al Qaeda’s terror attacks against the United States on September 11, 2001, introduced heretofore unseen issues under International Humanitarian Law. After Al-Qaeda’s attacks, the Bush administration began its Global War on Terror by invading Afghanistan in order to find those responsible for the attacks on September 11, 20001. This invasion caused Al-Qaeda to flee into Pakistan’s Tribal Areas in order to evade American forces. The Bush administration began employing drone strikes in Pakistan’s Tribal Areas to degrade Al-Qaeda’s ability to conduct operations against the United States. The Obama administration continued and expanded the use of drone strikes. Amid the use …

Re/Descheduling Marijuana Through Administrative Action, Scott Bloomberg, Alexandra Harriman, Shane Pennington

Oklahoma Law Review

No abstract provided.

Vertical And Horizontal Dimensions Of The Rule Of Law, Brian Z. Tamanaha

Emory Law Journal

Scholarly discussions about the rule of law have become a cacophony of disagreement. The more that is written about the topic, it seems, the less that we know. Thus, bringing clarity to basic issues is essential. This Essay draws out the implications of a conceptual distinction between the vertical and horizontal dimensions of the rule of law at domestic and international levels. The vertical dimension—which focuses on liberty and restraints on arbitrary government power—examines the top-down relationship between government officials and private actors in relation to how the ruling regime treats citizens and entities on matters of interest to the …

History Of Federal International Education Policy (1900-2024): A Four-Dimensional View In Action, Winda Wastu Melati

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation examines the history of the evolution of United States international education policy from 1900 to 2024, employing document analysis methodology to explore key themes that have shaped its trajectory. The study utilizes Cooper et al.'s (2004) Four-Dimensional View of Policy theory (normative, structural, constituentive, and technical) to analyze the complex interplay between diplomatic objectives, economic considerations, national security concerns, immigration, internationalization of higher education, and international students in the United States. The research traces major policy shifts from early initiatives like the Boxer Indemnity Scholarship Program to post-9/11 security measures and recent administrative changes by examining primary sources …

Entre La Espada Y La Pared: Obstacles To U.S. Investment In Cuba, Thais Lopez

FIU Law Review

Investing in Cuba poses several obstacles to U.S. investors. Cuba’s new Law of Foreign Investment and new Constitution do not provide remedies or protections against the state’s takings of private property or imprisonment without charge. On the U.S. side, Title III of the Helms-Burton Act has made U.S. investors the most vulnerable to claims worth billions in damages under the Act.

“With Intent To Destroy, In Whole Or In Part”: Genocide, Ethnic Cleansing, And A Lost History, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

Drawing upon original research into the travaux préparatoires of the 1948 Genocide Convention, this Article advances several claims that complicate the standard account according to which genocide must entail a purpose to physically destroy at least a substantial part of a protected group. The core of the Article closely explores the words “intent,” “destroy,” and “in part,” showing how international authorities have settled on a received and largely uninterrogated wisdom regarding the meaning of these terms, one which is supported neither by the drafting history of the Genocide Convention, nor even by the actual results of the judicial decisions that …

Realizing The Right To Food In Maine: Insights From International Law, Smita Narula

Elisabeth Haub School of Law Faculty Publications

In November 2021, Maine made history as the first U.S. state to constitutionally recognize the right to food. Maine’s right to food amendment— which sought to address widespread food insecurity and corporate control of the food supply—proclaims food as a “natural, inherent and unalienable right,” and empowers Mainers to grow and consume food of their own choosing, affirming their right to food sovereignty. This Article makes three key contributions to scholarly examinations of this historic amendment. First, it situates the amendment within the broader landscape of domestic and global struggles for the right to food and food sovereignty. Second, the …

Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …

The Taylor Swift Effect And International Law, Katrin Kuhlmann

Georgetown Law Faculty Publications and Other Works

Taylor Swift’s Eras Tour has come to an end, but the Taylor Swift Effect will remain a powerful force with influence well beyond even Swift herself. Often used to describe Swift’s economic impact through her fandom, it has become shorthand for the broader network effect that amplifies and extends the reach of her discography and cultural influence. As this article discusses, the Taylor Swift Effect has real implications for international relations and international law at a time when many nations are withdrawing from constructive international engagement, with devastating consequences in terms of global rights, liberties, and norms.

This article explores …

Lessons From A Small And Troubled Country: Bosnia’S Struggling Judiciary Paints An Ominous Picture For The Future Of The Rule Of Law In The United States, David Pimentel

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

It's More Than Just A Family Issue: A Global Analysis Of Parentage Assumption Law In Relation To Surrogacy, Jordan Chrispell

University of San Francisco Law Review

No abstract provided.

In Search Of Strategies To Address Violence In Central America, Bill Ong Hing

University of San Francisco Law Review

No abstract provided.

Loose Lips And Internet Censorship: Freedom Of Expression In India And Malaysia, Matin Pedram, Jean-Christophe Roberge, Eugina Georgiades

University of San Francisco Law Review

No abstract provided.

Beyond The Reach Of Legal Process – Lessons From United States V Rafiekian, Vivian M. Williams

Publications and Research

The influence of foreign agents on the domestic affairs of countries is now a major issue in global affairs. This issue gained significance after foreign influence was blamed for a massive protest demanding fair election, rocked Moscow in 2011. It has been amplified after Russian involvement was cited for Donald Trump’s surprised election as President of the United States in 2016. There is now great anxiety among nations that foreign actors could influence electoral outcomes. Consequently, the past decade has seen a proliferation of laws regulating the operation of foreign agents within a country. Aggressive enforcement of Foreign Agents laws …

A Diminished First Amendment In Cyberspace: The Brussels Effect On Freedom Of Expression, Kurt A. Webber

South Carolina Journal of International Law and Business

This article introduces the reader to the European Union's attempts at moderating the internet through its Digital Security Act (DSA) and the primary voices heard in that effort, including the trusted flaggers, the member states' digital services coordinator, and the platforms themselves.

The article explores the EU's high hopes for the DSA to eliminate harmful and illegal content and ensure transparency through its collective database of moderation actions.

The article describes the transparency database and details its principal inadequacies.

Finally, the article highlights the conflict between the U.S. and EU's views on moderation.

R.I.P. R2p - And Yet It Moves: It Is Premature To Declare The Responsibility To Protect Dead - No, It Needs Cpr In The Dark Ages Of The 2020s!, Lily Katinka Svanberg

South Carolina Journal of International Law and Business

This work is about R2P and the responsibility to protect. Currently, the R2P doctrine is under serious pressure. The world climate has changed rapidly since the days of the launch of the R2P principle in 2001, and its most frequent references in 2011-2014, culminating in "responsibility not to veto" (RNVT) proposals in 2015. Recent grave violations of international law in the 2020s, resulting in alleged mass atrocities, have resulted in pessimism about the feasibility of R2P, and the declaration of its death. This article evaluates the 2000s decline in UNSC-mandated military action taken under Chapter VII from the perspective of …

Batok In The East, Aloha In The West: Intellectual Property Protections Of Indigenous Peoples In The Philippines And United States, Maria Regina Martinez

University of San Francisco Law Review

No abstract provided.

Measuring The Unmeasurable: Foreign Aid And The Rule Of Law, Natallia Karkanitsa

Celebrating WCL Student Authors

This article provides an analysis of the international indexes and rankings that assess and compare the rule of law globally. It first starts with a discussion on the necessity of the international measurements of the rule of law in context of the foreign aid allocation to developing countries. Then, this article defines the rule of law and explains its relationship with governance and human rights. This article further reviews three rule of law indexes from the World Bank, the World Justice Project, and Bertelsmann Stiftung and Sustainable Development Solutions Network, using the position of Belarus in these measurements as a …

North American Energy In The Crossfire, Guillermo J. Garcia Sanchez, James W. Coleman

Faculty Scholarship

North America is the beating heart of global energy markets un-dergoing a terrible energy crisis that threatens to upend both the economy and global security. The clearest path out of this global crisis is increasing energy supplies from North America, which can restore energy security and drive a transition to cleaner energy sources. The U.S., Mexico, and Canada have abundant and varied resources to surmount this challenge but are in dire need of stronger cooperation across borders, and between private and public actors to achieve this goal. This Article shows how energy law changes in the U.S. and Mexico present …

Does Intellectual Property Promote Or Hinder Sustainability? The Case Of Upcycling, Irene Calboli, Siroos Tanner

Faculty Scholarship

This book chapter explores upcycling and its intricate legal and ethical challenges, addressing the challenges upcycling faces from an IP perspective and highlighting the defenses potentially available to justify the practice.

English Company Law: Legal Architecture For A Global Law Market, Andrew P. Morriss, Charlotte Ku

Faculty Scholarship

English-architecture company law describes the distinct and diverse group of company or corporate law used in more than 60 jurisdictions worldwide. English-architecture company law provides a robust platform for innovation and development due to its permissive structure, opportunity for choice of law in an entity’s internal governance, and scalability permitting variation for small and large entities. It is the dominant form among International Financial Centers (IFCs), many of which have legal systems with a British connection. This body of law responds to competition and maintains dynamism by engaging its practice community through “learning by doing” and “frictioneering.” An architecture approach …

Wipo Negotiations On Intellectual Property, Genetic Resources And Associated Traditional Knowledge, Peter K. Yu

Faculty Scholarship

At the 2000 General Assembly, the World Intellectual Property Organization (WIPO) established the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) to address intellectual property issues relating to genetic resources, traditional knowledge (TK) and traditional cultural expressions (TCEs). Although the IGC initially focused its work on studying these issues, it obtained a new mandate to accelerate its work in October 2009 and began text-based negotiations on an international instrument, or international instruments, a few months later. These negotiations paved the way for WIPO to convene a diplomatic conference to conclude an International Legal Instrument Relating …