International Law Commons^™

Crossing Borders: The U.S. And Canadian Adoption Of The Wagner Act And The Limits Of U.S. Preemption, Grace Winkeljohn

University of Miami International and Comparative Law Review

Labor law refers to the regulation of the relationship between employees and their employers. The main principle of labor law protection is the employees’ right to collectively bargain. This principle has served as a cornerstone of industrialized society since the beginning of the twentieth century, helping increase workplace equality. A comparison of labor laws in the United States and Canada offers a unique perspective, as these two North American countries share an almost identical foundation that has evolved in distinct ways over time. A strong distinction between the two systems is the adopted doctrine of preemption by the U.S., leaving …

Beyond The Cisg: Utilizing Unidroit Principles To Synchronize International Contract Law Beyond Sales Of Goods, Noor Albandar

San Diego International Law Journal

Modern advancements have made it easier than ever for individuals and businesses to enter into cross-border transactions. Contract law in the United States employs legal instruments such as the UCC to aid contracting parties, and international law consists of tools such as the CISG supporting cross-border contracts for the sale of goods. Such tools are important because international transactions for goods occur frequently. This Comment will examine the complexities that arise in the face of international contracts, discuss tools for uniform law that are currently utilized by various governing bodies, and propose further implementation of uniform international contract law. In …

Law School News: Coming Full Circle: A Career With The Hague 12-3-2025, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Law School News: Rwu Law And University Of Lisbon Forge Academic Partnership To Expand Global Legal Learning 11-9-2025, Helgar Melgar

Life of the Law School (1993- )

No abstract provided.

Trade Agreements Have Helped Prohibit Forced Labor, Desiree Leclercq

Scholarly Works

While policymakers today debate the future of trade policy, the real story lies in the proven wins quietly shaping economies and improving lives worldwide. This series showcases ten compelling wins in international trade that demonstrate the success of crossborder commerce and open trade policies.

Pretrial Decision-Making In Brazil Under Inter-American Human Rights Law, Thiago Nascimento Dos Reis

University of Miami Inter-American Law Review

In recent decades, pretrial detention has been a key contributor to Brazil’s mass incarceration. This is true, despite domestic and international norms limiting pretrial detention to exceptional circumstances and mounting evidence linking it to worse outcomes for arrestees in their criminal proceedings and post-release life prospects. As a longitudinal multivariate pretrial research in Brazil, this Article investigates the key mechanisms and factors that explain pretrial detention in relation to inter-American human rights standards. This Article conducts a quantitative case study of the first one hundred days of detention for all 2,158 non-confidential flagrant arrests in the first eight months of …

Single-Owner Sociedades Within The Corporate Landscape Of Latin America, Nicolás José Muñiz Arias

University of Miami Inter-American Law Review

The concept of a sociedad in Latin America has undergone profound changes throughout this century. Following the example set by the French Code de commerce of 1807, the sociedad was initially viewed as a contractual arrangement between two or more partners who make contributions to a business for purposes of sharing in the resulting profit or loss, wherein a plurality of partners was an intrinsic component. Nonetheless, the notion of a sociedad has evolved to entail the establishment of a separate legal entity, making the plurality of partners requirement increasingly obsolete for its formation and/or operation.

This Article describes the …

The Time Has Come To Stop The Bloodshed In Myanmar And Restore The People's Democratically Elected Government, Ronnie R. Gipson Jr.

Faculty Scholarship

Although the Myanmar coup occurred in February 2021, the world paid little attention mostly because the citizens were not white, not European, and the country did not hold huge oil reserves. Subsequent to the coup, Russia invaded Ukraine in 2022, and Israel responded to the Hamas attack on its territory by invading Gaza in 2023. Both of these events assured that the international community paid little to no attention to the plight of the people of Myanmar under the thumb of a repressive military dictatorship after having their freely elected democracy ripped away. If Ukraine is worthy of global attention, …

The Legality Of Revenue Disbursement From An Economic Measure Agreed At The International Maritime Organization For Purposes Other Than The Decarbonisation Of International Shipping, Blánaid Sheeran

Sabin Center for Climate Change Law

This analysis fills a gap in the existing legal literature on the adoption of a greenhouse gas (GHG) pricing mechanism at the International Maritime Organization (IMO or Organization). First, it investigates whether the adoption of a GHG pricing mechanism which includes the potential use of funds for purposes aside from the decarbonisation of international shipping is within the general competence of the IMO. Providing an affirmative interpretation, it then considers the adoption of such a measure as an amendment to Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL). The analysis concludes that a broad …

Deep Seabed Mining: What Is To Be Done About The Regulatory Lacuna?, Katherine Reece Thomas

Notre Dame Journal of International & Comparative Law

No abstract provided.

Public Health And Human Health Implications Of Climate Mobility, Julia Neusner, Ama Francis

Sabin Center for Climate Change Law

Climate change poses significant challenges at the intersection of human and public health, mobility, and international law. Adverse climate impacts undermine the quality of human and public health, contributing to increasing global mobility, while climate-impacted migrants and displaced people can experience severe health challenges in transit and in their receiving communities. Moreover, the nexus between climate change, human and public health, and mobility exacerbates pre-existing vulnerabilities, undermining human rights and implicating State obligations. As international and regional courts, including the International Court of Justice (ICJ), clarify states’ duty to protect people from the adverse impacts of climate change, it is …

The Protection Of Legitimate Expectations In International Law, Halil Rahman Basaran

San Diego International Law Journal

The argument of this Article is that international law has still not reached a stage wherein the protection of legitimate expectations can become a general principle of law. In that respect, the most favorable terrain for the protection of legitimate expectations, namely, inter-state negotiations, still largely remains outside international law. In pursuing this argument, this Article first examines the notions of national sovereignty, legal institution and inter-state boundaries. This paper then looks at the notion of general principles of law and highlights the principle of equity. Finally, the Article discusses the Bolivia v. Chile case and places international investment law …

The Secret's Out: The Role Of Restrictive Covenants In Trade Secret Law, Magdalene Eallonardo

American University Business Law Review

Trade secrets derive economic value from their classified nature, which leads companies to implement legal measures to prevent the spread of their confidential company information to the public. Restrictive covenants within employment agreements are a common form of these legal measures. However, because of employers’ restrictive terms, states are placing regulations on the scope of these agreements. With limited ability to contract their employees away from sharing their confidential information with direct competitors, companies utilize alternate methods to protect their trade secrets.

Beyond The Name And Nationality: Who Are The Claimants In Investment Arbitration?, Vera Korzun

Akron Law Faculty Publications

Current efforts to reform international investment law focus in large part on the impact of investor-State dispute settlement (ISDS) on the regulatory power of the sovereign State. At the core of the reform debate is the ability of foreign investors, as claimants in investment treaty arbitrations, to challenge the laws and regulations of the host State as part of dispute resolution. Modern investment treaties seek to safeguard the State’s right to regulate, but also impose obligations on foreign investors and promote responsible business conduct. Yet, beyond the name and nationality as alleged in arbitration filings, very little is known about …

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 …

Comparative Tax Law Guide, Kim Brooks

OER Texts

This extended bibliography is designed to support comparative tax law study by students, policy-makers, and tax practitioners. Studying comparative tax law is pure joy. And in addition to that, it enables you to:

• more deeply understand your own tax system and context;
• learn about another country’s system and context;
• draw general conclusions about tax law;
• press for or support tax law change;
• facilitate tax law harmonization or coordination among jurisdictions;
• delve into the role of tax in the spread of higher-order values like fairness, equality, transparency, or privacy;
• explain why a country’s tax laws are the way they are; and …

Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck

Pace International Law Review

The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in …

Law Library Blog (March 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos

San Diego International Law Journal

The idea that Joint Criminal Enterprise, in particular its extended version, contravenes fundamental principles of criminal law has gained track. Thus, not only did the International Criminal Court distance itself from the construct but, today, the widely held view is that the extended version should be discarded, not least because it is not grounded in customary international law. This Article challenges that view. While addressing scholarly criticism towards Joint Criminal Enterprise, and demonstrating why the “beast” is a solid construction, it argues that prosecutors and judges must look past the written provisions of the Statute of the International Criminal Court …

‘I Will Control Your Mind’: The International Regulation Of Brain-Hacking, Thibault Moulin

San Diego International Law Journal

In the near future, the use of neurotechnologies—like brain-computer interfaces and brain stimulation—could become widespread. It will not only be used to help persons with disabilities or illness, but also by members of the armed forces and in everyday life (e.g., for entertainment and gaming). However, recent studies suggested that it is possible to hack into neural devices to obtain information, inflict pain, induce mood change, or influence movements. This Article anticipates three scenarios which may be challenging in the future—i.e., brain hacking for the purpose of reading thoughts, remotely controlling someone, and inflicting pain or death—and assesses their compliance …

Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Where The Rainbow Ends: The Hidden Humanitarian Crisis For Members Of The Lgbtqia+ Community In International Business, John R. Krendel

Senior Honors Projects, 2020-current

Before pursuing an international career, members of the LGBTQIA+ community must be aware of the hardship that may be exacerbated by living and working abroad. This study addresses the trends in laws, including employment and anti-discrimination laws, that provide and restrict certain rights of members of the LGBTQIA+ community in eight countries. These nations, both progressive and discriminatory, include the United States, England, Switzerland, Germany, Taiwan, China, the Philippines and Kazakhstan. Eight LGBTQIA+ business professionals spoke on their experiences living and working in each of these countries and provided advice to members of the community wishing to pursue an international …

Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell

Center for the Human Rights of Children

The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …

Recognizing A Fundamental Right To A Clean Environment: Why The Juliana Court Got It Wrong And How To Address The Issue Moving Forward, Robert Kemper

FIU Law Review

As the existential threat of climate change becomes increasingly prevalent, U.S. plaintiffs, lawyers, and activists have begun seeking redress in federal courts arguing for recognition of a constitutional right to a clean environment. Recently, in Juliana v. United States, the Ninth Circuit explicitly recognized the grave threat of climate change for the health, well-being, and security of the American people and the nation as a whole. Additionally, the court found that the U.S. government has contributed to climate change through both inaction and policy decisions that promote the use of fossil fuels. The plaintiffs claimed that they had a constitutional …

Changemakers: The Line Between Talent And Desire, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Security Council Powers In Light Of The Peremptory Norms Doctrine, Mohammed Khalil Al Mousa

UAEU Law Journal

The main objective of this article is the limitations of the Security Council powers regarding its primary responsibility of maintaining international peace and security. The current article focuses on the possibility of applying the jus cogens norms doctrine (peremptory norms) to the Security Council decisions adopted in accordance with chapter vii of the United Nations charter. International peremptory norms are applied to international agreements and treaties, and this research proposes to extend the application of these norms to the Security Council decisions. If one of these decisions was in conflict with international peremptory norms, it will be void ab initio …

International Cooperation In Combating Modern Forms Of Maritime Piracy, Hanan Malaeb

UAEU Law Journal

Maritime piracy has increased since 2008, posing a real threat to the international peace and security. Therefore, many voices criticized the international legal legislations related to maritime piracy and accused them of being incapable of dealing with this widening phenomenon, being very limited to a few articles contained in the United Nations Convention for the law of seas of 1982. That criticism necessitated to study all the international legislations related to piracy, which were issued before and after 2008. As a result, we noticed that all the international conventions related to the sea and the international resolutions issued by the …

The Fsia And Cyberspace: Could Hact Be The Answer?, Ritika Malkani

Catholic University Journal of Law and Technology

Under the non-commercial tort exception to the Foreign Sovereign Immunities Act (FSIA), a tort committed by a foreign state must occur wholly within the United States in order to trigger jurisdiction and liability in an American court. As such, cybercrimes which are committed abroad, even if targeted at and cause harm to U.S. citizens, fall outside this exception, leaving injured parties with no domestic avenue of redress. Potential solutions to closing this gap in the legal framework include the proposed Homeland and Cyber Threat Act (HACT), expansion of the FSIA's terrorism exception, or overruling the entire tort doctrine.

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Publications

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …