International Law Commons^™

From The Editor-In-Chief, Liliana A. León Rivera

UC Law SF International Law Review

No abstract provided.

The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons, Eric Sokol

UC Law SF International Law Review

Recent cases in the United States, United Kingdom, and Australia have all signaled that international insolvency law is slowly losing traction to more regional proceedings. This can have huge ramifications for creditors of international companies. The past decade has seen much international progress in business insolvencies; with the previous “territorialist” models of regional dismantling giving way to more “universalist” approaches. New trends in these large jurisdictions may herald the discovery of modified universalism’s breaking point, but not its diminishment nor defeat. This healthy prognosis for modified universalism in the U.S., United Kingdom (U.K.), and Australia is further bolstered by a …

The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth, Brittany Wightman

UC Law SF International Law Review

As the five times faster, twenty-five times more robust, 5G network becomes the global standard, behind China’s technological leadership in the space, telecommunications network security is of ever-increasing importance. Since 2016, researchers have observed as China Telecom, a government-controlled telecommunications company with a large global presence, hijacked Internet traffic directed towards financial institutions, government sites, Internet Service Providers (ISPs), and news organizations. The hijacks, which go largely undetected by victims, are possible anywhere a malicious actor has access to the technology that directs information from one location to another across the Internet. As the United States and its allies evaluate …

The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli

UC Law SF International Law Review

Thanks to the Jangali Movement in the early decades of the 20th century, the northern province of Gilan in Iran was able to successfully establish a system of government that served the working-class population of the region. Although short-lived, this movement was a product of years of extreme exploitation of the labor, resources, and capital by both the national government and the global hegemonic powers of the era. The movement brought together an incredibly diverse coalition of working-class individuals who wanted to create a more equitable society. Under the current Islamic Republic of Iran, there have been several large-scale protests …

Masthead

UC Law SF International Law Review

No abstract provided.

The German Netzdg As Role Model Or Cautionary Tale? Implications For The Debate On Social Media Liability, Patrick Zurth

Fordham Intellectual Property, Media and Entertainment Law Journal

What can be done against discrimination, bullying, insults, and the spread of dangerous fake news on social media platforms? While platforms in the United States enjoy broad discretion on how to approach that issue, there are both legal and political debates regarding social media regulation. Germany, by contrast, advances the opposite approach: requiring social media providers to block or remove illegal content. The Netzwerkdurchsetzungsgesetz (“NetzDG,” “Network Enforcement Act,” the “Act”) of 2017 outlines a specific procedure for implementing such a claim. The Act is the first of its kind in the western democratic states. Other countries have invoked or discussed …

Actors And Law-Making In International Environmental Law, In Research Handbook On International Environmental Law (Malgosia Fitzmaurice Et Al. Eds, 2d Ed. 2021), Mark A. Drumbl, Kateřina Uhlířová

Books and Chapters

This chapter explores who makes international environmental law and which are the sources of international environmental law? Traditionally, the number of actors with international legal personality is limited. States were primary among this group, followed by international organizations. In recent years, however, considerable international environmental law effectively has been generated by non-governmental organizations, networked communities of experts, and administrative secretariats of treaty organizations. The expansion in the number of actors that, whether de jure or de facto, make international environmental law has diversified the sources of international environmental law. Sources of international law include treaties, custom, general principles of law, …

International Courts & Judicial Affairs, Sara L. Ochs, Paula Henin, Paola Patarroyo, Haydee Dijkstal, Ira Trako, Kabir Duggal, Chloe Fletcher, Alexander Witt, Marc Weitz

All Faculty Scholarship

This chapter reviews some of the most significant developments made by international courts and tribunals in 2020.

I. International Court of Justice As of the time of writing (November 2020), this year, the International Court of Justice (Court) has rendered one order on provisional measures, two judgments on appeals from decisions of the International Civil Aviation Organization (ICAO) Council, and two orders relating to expert evidence.

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …

Sacred Corporate Law, Giancarlo Anello, Mohamed Arafa, Sergio Alberto Gramitto Ricci

Seattle University Law Review

This Article investigates the sacred origins of the corporate form. It sheds light on the sacred rituals performed to establish Ancient Roman cities as legal entities. It discusses the role of the Roman Catholic Church in developing the corporate form and in giving birth to a systemized set of rules regulating corporations, which we commonly call corporate law. It analyzes the limitations to the use of the corporate form in Islamic law as well as the streams of Islamic law jurisprudence that recognize legal capacity to specific entities with religious, social, or charitable purposes. It surveys the characteristics of two …

Closing International Law's Innocence Gap, Brandon L. Garrett, Laurence R. Helfer, Jayne C. Huckerby

Faculty Scholarship

Over the last decade, a growing number of countries have adopted new laws and other mechanisms to address a gap in national criminal legal systems: the absence of meaningful procedures to raise post-conviction claims of factual innocence. These legal and policy reforms have responded to a global surge of exonerations facilitated by the growth of national innocence organizations that increasingly collaborate across borders. It is striking that these developments have occurred with little direct help from international law. Although many treaties recognize extensive fair trial and appeal rights, no international human rights instrument—in its text, existing interpretation, or implementation—explicitly and …

Pandemics And International Law: The Need For Action [Chile], Claudio Grossman

American University International Law Review

INTRODUCTION

Let me start by stating that international law has developed principles, norms, institutions that provide an important basis for addressing pandemics; and stressing important values in the international community, including cooperation among States and the vital role of international organizations—among others. First, I will make some introductory remarks on whether international law has norms, principles, and institutions relevant to the topic of pandemics. Then, I will propose a path forward.

Front Matter

The International Lawyer

No abstract provided.

North America's Shifting Supply Chains: Usmca, Covid-19, And The U.S.-China Trade War, David A. Gantz

The International Lawyer

No abstract provided.

Front Matter

The International Lawyer

No abstract provided.

How To Assess Regional Trade Agreements? Deep Ftas V. China's Trade Agreements

The International Lawyer

No abstract provided.

In Search Of Guiding Principles Of Transnational Anti-Corruption Investigations And Resolutions

The International Lawyer

No abstract provided.

The Obligation To Prosecute Or Extradite (Belgium V. Senegal)

The International Lawyer

No abstract provided.

Discovery Under § 1782 In International Commercial Arbitration: Recent Developments From A Comparative Perspective, Tamar Meshel

The International Lawyer

No abstract provided.

The Wirecard Accounting Scandal In Germany, And How The Financial Industry Failed To Spot It, Thomas M.J. Möllers

The International Lawyer

No abstract provided.

The Fate Of Intercountry Adoptions Following Covid-19, Ambrosia Wilkerson

The International Lawyer

No abstract provided.

Arbitration Clauses In Intellectual Property Contracts: Past, Precedence, And Future, Julien Chaisse, A. Marisport

The International Lawyer

No abstract provided.

Eu-Acp Economic Partnership Agreements After Brexit: The (Neglected) Case Of Legitimate Expectations And Fundamental Change Of Circumstances, Regis Y. Simo

The International Lawyer

No abstract provided.

Establishing A United Nations Convention To Stop Foreign Election Interference, Todd Carney

Loyola University Chicago International Law Review

No abstract provided.

Sexual Violence And Human Trafficking In India: Legislation, Enforcement, And Recommendations, Shivani Rishi

Loyola University Chicago International Law Review

No abstract provided.

The International Communities' Ineffective Response Towards The Fight Against Female Genital Mutilation, Fernanda M. Santos

Loyola University Chicago International Law Review

No abstract provided.

Table Of Contents

Loyola University Chicago International Law Review

No abstract provided.

New Diseases Call For . . . Archaic Responses? Violating Human Rights In The Sanitary Cordon Of Wuhan, Madeline Young

Loyola University Chicago International Law Review

No abstract provided.

From The Spectacular To The Everyday: International Law, Violence And The Agenda For Women, Peace And Security, Christine M. Chinkin

Book Chapters

This article looks at the conceptions of violence within WPS and thus within these diverse international legal regimes as they relate to women and girls. It first examines the regulation of inter-state violence, both legal recourse to the use of force and constraints upon the means and methods of warfare. It then outlines how state obligations to prevent and punish violence against women were brought into human rights law in the early 1990s, primarily by the UN Committee on the Elimination of Discrimination against Women (CEDAW Committee). The WPS resolutions are then summarised, focusing on provisions for the prevention of …

New Kid On The Block: An Introduction To The Hague Rules On Business And Human Rights Arbitration, Bhavya Mahajan

Cardozo Journal of Conflict Resolution

In the medieval European states, Lex Mercatoria, literally "Merchant Law," was a prevalent custom, which developed out of the norms and needs of the market and influenced the transborder trade practices among merchants. For redressal of trade-related disputes, arbitration was the popular method and the merchants elected their own judges in the courts of arbitration that they established. These courts developed a reputation for swift resolution of disputes using high moral standards. Non-compliance with practiced norms, or with the arbitral decisions of the courts, would solidify pariah status for the defaulting merchant in the trading community. Gradually, with the …