International Law Commons^™

Coining New Tax Guidance: How The Irs Is Falling Behind In Crypto, David C. Mcdonald

University of Miami International and Comparative Law Review

In October 2019, the Internal Revenue Service offered its first guidance on cryptocurrency reporting standards in nearly five years. As digital investments become more commonly accepted, the need for regulation and guidance becomes clearer. Issues such as how to classify cryptocurrencies and how a transaction’s purpose impacts reporting standards are currently being addressed across the globe as governments work to develop protocols that organize this rapidly developing field. This note analyzes the developing reporting standards of select countries and the potential impacts on use as cryptocurrencies become more mainstream as a potential investment and method of payment.

Balancing Trade And Economic Security: Andritz V. United States And The Role Of Customs And Border Protection In Enforcing The Plant Protection Act, Alexandra Khrebtukova

University of Miami International and Comparative Law Review

This paper examines the case of Andritz v. United States—first filed in the U.S. Court of International Trade then transferred to the U.S. District Court for the Southern District of Texas—as a demonstrative case study highlighting the collaboration between U.S. Customs and Border Protection (CBP) of the Department of Homeland Security and the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture. CBP is charged with facilitating legitimate trade and travel while safeguarding the borders of the United States to protect against, inter alia, the entry of dangerous goods, including through agricultural import and entry inspection. …

Operation Trip To Atlantic City In Light Of The Right Of Self-Defense, Eric Corthay Corthay

UAEU Law Journal

On May 2, 2011, a covert operation – codenamed Operation Trip to Atlantic City – led to the death of Osama bin Laden in Pakistan. Certain observers justified the raid as follows: as bin Laden continued to pose an imminent threat to the United States, and as Pakistan was unable or unwilling to prevent Al-Qaida from using its territory as a base for launching attacks, the United States was authorized to use military force in self-defense against bin Laden in the sovereign territory of Pakistan. This article’s purpose is to assess the validity in law of such a justification through …

Somali Piracy In The Seas: Searching For Solutions In Accordance With The Provisions Of International Law And The Munificence Of The Islamic Sharia, Medwis Fallah Al-Rashidi

UAEU Law Journal

We have attempted to study the legal regime governing marine piracy with special reference to Somali piracy and seeks out legal solution in international law and Islamic law. As a prelude, the article explores the background of Somali marine piracy including the causes of its emergence, increase against international shipping and its economic cost to international community.

The article identifies the deficiencies of international law of marine piracy that allow Somali marine piracy to flourish and the proposed reform to the legal regime governing marine piracy. The article examines the effectiveness of cooperation among states on fighting Somali marine piracy …

The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Global Rise Of Judicial Review Since 1945, Steven G. Calabresi

Catholic University Law Review

This article expands upon the theory put forth in Professor Bruce Ackerman’s book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law, in which he posits that twentieth century revolutions in a variety of countries led to the constitutionalization of charisma, thus binding countries to the written constitutions established by their revolutionary leaders.

Constitutional law scholar, Steven G. Calabresi, argues here that world constitutionalism, in fact, existed prior to 1945, and what is especially striking about the post-1945 experience is that the constitutionalism of charisma included not only the adoption of written constitutions, but also the adoption of meaningful …

Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart

Joint PIJIP/TLS Research Paper Series

No abstract provided.

International Efforts To Fight Illegal Immigration, Abdullah Ali Abbo

UAEU Law Journal

The phenomenon of illegal immigration is one of the serious problems facing the international community as a whole. This phenomenon means the entry of person(s) to a country other than their country illegally or in an irregular way.

This phenomenon has several terms such as irregular immigration, illegal immigration, and illegitimate immigration, hidden or covert immigration. All of these terms mean, in the end, the illegality of this migration in the consideration of national and international law.

This phenomenon has evolved by the development of relations among countries, and different economic and social conditions and political conditions in the various …

A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble

University of Miami Inter-American Law Review

No abstract provided.

Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral

International Law Studies

Following Russia’s annexation of Crimea in 2014, or according to Russia, its accession following a referendum, Ukraine brought several international cases against the Russian Federation, including two cases under Annex VII of UNCLOS: The Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait in 2016 and The Detention of Three Ukrainian Naval Vessels in 2019. At the center of these disputes is the conflict between Ukraine and Russia over sovereignty of Crimea. Russia contested jurisdiction in all cases invoking different exceptions under UNCLOS, including the argument that the dispute concerns sovereignty over Crimea and …

The Effectiveness Of The International Rule, M0hammed Thamer Al- Sadoon

UAEU Law Journal

The issue of entry into force of the international rules in domestic law is an important issue in the laws of international and internal and cares studied scholars of international law and constitutional alike , as to determine this effect, determines the work of state institutions at home and avoids the State Responsibility International , that the states are going , in their constitutions or according to its internal practices , the distinction between the rules of international law and general principles of law on the one hand and between the rules of the International Convention and give each type …

Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo

International Law Studies

China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous …

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 …

International Judicial Review Of The Legality Of Acts Adopted By United Nations Organs, Giovanni Distefano

UAEU Law Journal

This brief article endeavours to tackle the thorny question of the judicial control of acts adopted by United Nations Organs. The analysis is strictly confined to the international judicial control of two specific organs, i.e. Security Council and General Assembly. Contrary to many domestic legal systems, where such judicial control is envisaged either by an explicit empowerment or by a constitutional custom, a similar entrustment is not envisaged by the United Nations Charter. Therefore, a specific jurisdictional entitlement is needed for the International Court of Justice to assess the validity of a resolution adopted by the two aforementioned organs. This …

Towards Dedicating The Security Dimension To The Service Of International Criminal Law, Ben Ddouche Nassima

UAEU Law Journal

The international criminal law is based on a number of concepts that can achieve its objectives, as a branch of public international law recognized and comes Criminal Security at the forefront of those concepts and the most important, although this kind of security did not take his share at the legislative and jurisprudential levels, and it remained in framework of international Security in his general sense. This research tries to reveal the criminal international security and contributed to the consolidation of its existence, where not only researcher by definition of security and everything related to it, but found the idea …

The Future Of Public International Law: Between Contemporary Philosophy And The Law, Khalifa Ali Alfadhel

UAEU Law Journal

This paper talks about the future of public international law, where the classical Westphalian understanding of the notion, accompanied with the PCIJ’s Lotus principle are no longer accepted. The idea of The Law of Peoples as articulated by John Rawls is becoming a reality. The role of NGOs and TNCs has developed rapidly in recent years, to the degree that it is – almost – safe to say that international law is no longer the product of the sovereign will of States. The concept of State sovereignty is highly challenged in recent times. Contemporary political philosophy and the practice of …

The Global Trade Accountability Act And Its Effects On Congressional Power And International Trade, Dallas Kephart

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

No abstract provided.

Solving The Fentanyl Problem Beyond The Border: A Call For An International Solution, Agneta Hendershot

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

No abstract provided.

The Genie Is Out Of The Bottle: What Do We Wish For The Future Of Ai?, Kelly Carman

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

No abstract provided.

The Globalization Of Hate: Are Domestic Terrorism Laws Sufficient To Quell New Threats From Alt-Right Lone-Wolf Extremists?, Jason J. Sullivan-Halpern

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

No abstract provided.

Refusing To Concede The Election: Defending Democracy By Expanding The G7 Rapid Response Mechanism, Taylor Hayes

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

The past decade is rife with examples of actions by nefarious groups to improperly interfere in democratic elections around the world, and it is time that democratic nations band together to effectively combat these interference efforts. More than two dozen nations around the world have fallen victim to some form of election interference. The United States and its allies have traced many of these interference campaigns to state actors, particularly the Russian government.

In 2018, the Group of Seven (G7) announced the creation of a Rapid Response Mechanism (G7 RRM). The aim of the G7 RRM is to limit the …

An Evaluation Of The Water-Energy-Food Nexus And Its Alignment With The Sustainable Development Goals, Waseem Ahmad Qureshi

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

Since 2011, the water–energy–food (WEF) nexus has become a popular term, widely deliberated upon by policymakers and scholars alike around the world. It has been referred to with different acronyms, depending upon their foci of interest: WEF for hydro-centric researchers; EFW for energy securitization policy researchers; and FEW for agrarian-based policy frameworks. By contrast, environmentalists, who like to include the variable of climate change within the nexus to use it as a primary element of research, prefer to call it the CLEW (climate–land–energy–water) nexus. This paper is an attempt to explain the WEF nexus in relation to the varied interpretations …

"Ufo": When The American Doctrine Of Ripeness Visited Israel, Mohammed S. Wattad

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

As part of the gradual preparation for the incorporation of the American ripeness doctrine into Israeli law, it has been justified on a number of grounds. A fundamental discussion of the scope of the doctrine may be found in three important legal cases, which coined the term “the ripeness doctrine, Israel style.” A review of these cases reveals that while there is widespread consensus among the Israeli Supreme Court justices regarding the actual adoption of the ripeness doctrine, there is disagreement – and even confusion – regarding the manner of its implementation. In this article, I would like to present …

Foreword

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

No abstract provided.

Table Of Contents

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

No abstract provided.

Dedication

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

No abstract provided.

Jlia Editorial Board & Staff

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

No abstract provided.

Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra

International Law Studies

In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …

Can The Liberal Order Be Sustained? Nations, Network Effects, And The Erosion Of Global Institutions, Bryan H. Druzin

Michigan Journal of International Law

A growing retreat from multilateralism is threatening to upend the institutions that underpin the liberal international order. This article applies network theory to this crisis in global governance, arguing that policymakers can strengthen these institutions by leveraging network effect pressures. Network effects arise when networks of actors—say language speakers or users of a social media platform—interact and the value one user derives from the network increases as other users join the network (e.g., the more people who speak your language, the more useful it is because there are more people with whom you can communicate). Crucially, network effect pressures produce …

Ending Corporate Anonymity: Beneficial Ownership, Sanctions Evasion, And What The United Nations Should Do About It, Vineet Chandra

Michigan Journal of International Law

In the vast majority of jurisdictions around the world, there is a generous array of corporate forms available to persons and companies looking to do business. These entities come with varying degrees of regulation regarding how much information about the businesses’ principal owners must be disclosed at the time of registration and how much of that information is subsequently available to the public. There is little policy harmonization around the world on this matter. Dictators and despots have long taken advantage of this unintended identity shield to evade sanctions which target them; in July of 2019, the Center for Advanced …