International Law Commons^™

Indonesian Constitutional Court’S Moral Legitimacy: A Dworkinian Rights-Based Defense, Prisilia Kornelia Moonik

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study discusses the moral legitimacy of constitutional adjudication in general, with a particular focus on the Indonesian Constitutional Court. Moral legitimacy is crucial as it justifies the necessity of Constitutional Court—not merely because of its existence is stipulated by the 1945 Constitution. This issue is also discussed in response to the legislature’s (the People’s Representative Council) adverse reactions to the Constitutional Court, including efforts to weaken its authority. Additionally, moral legitimacy is also related to the well-known critique of constitutional adjudication: the counter-majoritarian difficulty. This study draws on Ronald Dworkin Rights-Based Theory, which defends constitutional adjudication as a means …

Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan

Fordham Environmental Law Review

After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …

Tradition, Critque, And The Modern Moral Lingua Franca: A Lutheran Articulation Of Human Rights Language, Christian B. Dollar

Doctor of Philosophy Dissertation

The language of subjective, individual rights has become the primary way of speaking about the rights and wrongs of human life together. Since the end of World War II, one subset of this language—that of human rights—has achieved a global influence. The various Christian traditions of the west have, in large part, adopted this language of human rights to articulate and supplement their assorted social teachings. Yet, the adoption of human rights language has been contested by a dedicated cadre of Roman Catholic and Protestant theologians concerned about the potentially anti-Christian implications inherent in the grammar of rights. Christian rights …

Ubi Jus Ibi Remedium: Self-Determination, Devolution, And The Scottish Right To Independence, Soares, Kyra

Santa Clara Journal of International Law

No abstract provided.

Watching The Clock: Time-Tracking And The Erosion Of Privacy And Dignity At Work, Tammy Katsabian

Comparative Labor Law & Policy Journal

This article examines the rise of time-tracking technologies as a dominant form of digital workplace surveillance and their implications for workers’ privacy and dignity. Often framed as neutral tools for enhancing productivity, these systems embed continuous algorithmic oversight into daily work routines, intensifying managerial control and reshaping the employment relationship. Drawing on legal, philosophical, and socio-technical scholarship, the article argues that privacy and dignity are mutually reinforcing values, both of which are undermined by pervasive surveillance practices. Privacy is not treated here as a waivable entitlement grounded in individual consent, but rather as a structural safeguard that protects autonomy and …

The Emergence Of An Object Of Regulatory Concern: The European Union’S Artificial Intelligence Act, Galán, Alexis, Schmidt, Rebecca

Santa Clara Journal of International Law

No abstract provided.

Embracing The Bot: Japan’S Love Affair With Ai Learning, Dan Rosen

UC Law SF International Law Review

No abstract provided.

“Foreign-Related Rule Of Law” And The Belt And Road Initiative: A Chinese Legal- Economic Synergy, Sungmin Kim

UC Law SF International Law Review

No abstract provided.

Shielding From Culpability: The Responsibility System In Eu’S Asylum And Migration Policy, Bjarne Bachmann

UC Law SF International Law Review

No abstract provided.

Masthead

UC Law SF International Law Review

No abstract provided.

Canada's Foreign Fighter Problem: How Should The Federal Government Manage Suspected Isis Members Held In Syria?, Mira Stephenson

Dalhousie Journal of Legal Studies

Since the Islamic State of Iraq and Syria (ISIS) fell in 2019, the Autonomous Administration of North and East Syria (AANES) has arbitrarily detained tens of thousands of accused ISIS fighters and their families in Northern Syria. Among those detained are Canadian citizens. Although Canada has repatriated Canadian women and children from AANES custody, its policy approach to date has been inadequate.

Canada must take action to develop a cohesive policy for the approximately 17 Canadians remaining in AANES custody. In this paper, I will evaluate four potential policy options available to the Canadian government. First, that Canada could take …

Ai Governance In China: A Tale Of Three Digital Empires, Charles C. Wang, Siyi Lin, Xia Wu, Yiman Li

UC Law SF International Law Review

Since 2021, China has strategically expedited artificial intelligence (AI) legislation and refined algorithmic governance to compete with the US and the EU. The rapid growth of algorithm filing cases is a direct result of the “Made in China 2025” Initiative which prioritizes AI development driven by domestic leading tech companies like DeepSeek. As world-class digital powers, China, the US, and the EU diverge in their categorization of AI risks and adoption of regulatory measures. China’s centralized single-agency regulatory infrastructure differs from the multi-agency and decentralized governance models in the US and the EU, respectively. China does not impose the same …

Letter From The Editor, Justin Vickers

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Ideological (Mis)Framing Of Comparative Procedure, Stefania Cirillo

Notre Dame Journal of International & Comparative Law

This article critiques the pervasive role of ideology in comparative studies of civil procedure, rejecting the notion that scholarly interpretation is purely technical. It highlights three main harms of ideological influence: misinterpretations of legal systems, flawed rule transplants, and exclusion of Global South perspectives. These drawbacks stem from the comparatist’s tendency to adjust reality to fit ideological preconceptions, leading to distortions in comparative analysis. While ideology often distorts comparative analysis, its complete exclusion risks neglecting moral and social dimensions. Thus, the article calls for a balanced methodology: a descriptive analysis rooted in culturalism to account for the ideological and societal …

The Latin Exclusion: Examining The Eu And The White House’S Policy Favoritism Toward Migrant Sending Latin American Nations While Punishing Similar Pressures Globally, Nicolas Garon

Notre Dame Journal of International & Comparative Law

Too often, negative perceptions of a country, whether from its government or a few citizens, result in broad restrictions applied to all nationals, either formally through policy or informally through officials’ discretion. A global norm persists in which nationals from poorer countries facing migratory pressures are subjected to heightened scrutiny and restrictive measures that deter movement to wealthier nations. Regardless of how liberal a receiving country may claim to be, states consistently adopt conservative stances on migration. Western nations, as primary destinations, often impose the harshest measures, such as travel bans and additional visa requirements, frequently based on speculative migration …

The Legal Framework Of Smart Contracts In The Arabian Gulf, Ilias Bantekas, Ameneh Yousuf Saif Al-Hosseini

Notre Dame Journal of International & Comparative Law

New tools have aided contractual transactions, particularly so-called smart contracts. Such tools have an impact on the formation of contracts and the implementation of the parties’ mutual obligations. Entities in the Arab world have generally hesitated to apply smart contract technology to high-end transactions out of fear that at some point these will not sit comfortably with existing legislation. The civil law landscape is still blurry. This article focuses on analyzing the legal framework of smart contracts in selected Arab countries and uses English smart contract regulation in order to compare how their regulation was tamed there and whether the …

Punishment In “Disneyland”: A Magical Review Of Singaporean Sentencing Law, Policy & Practice, Lucas Brolin

Notre Dame Journal of International & Comparative Law

Staying in Singapore is like visiting Disneyland, with a catch: Imagine indulging in the world’s most magical place, but Jeffrey Katzenberg gives you a walloping if you cut in line. Deploying this self-described “winning formula,” Singapore quickly rose to prosperity. Admirers and critics mutually note Singapore’s cleanliness, safety, and efficiency. Empirical metrics suggest these accolades are not anecdotal: Singapore scores at the top of global development indexes, boasts a low crime rate and high judicial clearance rate, has comprehensive infrastructure, clean public facilities and streets, and more. Singapore’s governance is rightly credited for its prosperous outcomes. However, it also invites …

“Economic Abuse” As An Element Of Domestic Violence Against Women: A Comparative Analysis Of Sri Lanka And United Kingdom, Pavithra Rajendran

Notre Dame Journal of International & Comparative Law

Economic abuse, though not a new concept in commercial law, remains underdefined and underutilized in the context of domestic violence, particularly violence against women. Recent scholarly discussions emphasize the need for a clear definition of economic abuse in this context: "Economic abuse entails a deliberate pattern of control where individuals disrupt their partner's ability to acquire, use, and maintain economic resources." This highlights economic abuse as a powerful tool of control, with perpetrators employing various strategies to assert dominance. Scholars often distinguish economic abuse from financial abuse, a crucial differentiation, especially with the recent enactment of the United Kingdom’s Domestic …

Revisiting Oversight Challenges In The Nonprofit Sector: Allowing Private Parties Legal Standing, Phaguni Nangia

Notre Dame Journal of International & Comparative Law

Part I of this Article will discuss the current framework for oversight of the nonprofit sector, and why this framework has been problematic in achieving effective regulatory oversight of nonprofit organizations. This Part will first address the oversight role of state officials, such as the attorneys general, and the challenges associated with it. This Part will then examine the significant number of challenges the Internal Revenue Service (IRS) faces in overseeing tax-exempt organizations, and why the IRS may not the best choice for overcoming them. This Part will conclude in an analysis of the current framework for legal standing by …

A Comparison Between U.S. Federal Tax And Khums, A Shia Islamic Tax, Carmen R. Rida

Notre Dame Journal of International & Comparative Law

This Note is split into multiple sections to delve into what khums is and its treatment by American Shia Muslim taxpayers. The first part will discuss the statutory basis of the tax, the difference in statutory interpretation between Sunnis and Shia that has led to a difference in the obligation of the tax, and the beneficiaries of the tax. The second part will focus on the method of calculating the khums tax, such as what categories of income are excluded in calculating gross income, deductions from gross income, and the timing of when the tax is to be paid. Then, …

Volume 15, Issue 2 - Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

Whose Art Is It Anyway? Guidelines For Returning Cultural Property Removed Prior To World War Ii, Amy Bitterman

Buffalo Law Review

No abstract provided.

High Value Transnational Adhesion Contracts: Agreements With Sport Governing Bodies And Their Fundamental Defects, Bantekas, Ilias

Santa Clara Journal of International Law

Athletes are bound not simply on the basis of their individual agreement with their club, but also by a variety of rules and regulations imposed by national and international sport governing bodies (SGB or SGBs). These rules and regulations become part of the original agreement as part of the obligations of the club towards these entities. The athlete’s acceptance of the myriad of rules and regulations is simply notional, given their complexity even for legal experts. Even so, this type of sporting agreement does not possess the attributes of adhesion contracts that protect the weaker party through a variety of …

International Legal Guidelines For Marine Carbon Dioxide Removal Governance Under The London Convention And London Protocol, Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

For the past two decades, parties to the London Convention and Protocol have negotiated rules, decisions, and amendments related to climate change. These efforts have principally focused on two sets of technologies – sub-seabed carbon dioxide storage and marine geoengineering. Initial discussions regarding marine geoengineering focused specifically on ocean fertilization but, more recently, the parties have considered an expanded array of marine carbon dioxide removal (mCDR) approaches, including ocean alkalinity enhancement and ocean sinking of biomass. Throughout these discussions, the parties have invoked legal principles and guidelines, like the precautionary approach, to inform their assessment of how to apply the …

"Smart Contracts" In Light Of The Rules Of The Cisg And Uncitral, Sarah Zein

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

From oral agreement to paper to digital format, the contract, which encapsulates and defines the relationships between those who compose it, has undergone multiple revolutions. These days, it's the smart contracts that are interfering between technology and law. A new generation of contracts known as intelligent contracts (smart contracts) has emerged as a result of the remarkable advancements in artificial intelligence coupled with the development of blockchain technology and crypto money. Furthermore, this intelligent contractual model is no longer limited to the creation of traditional agreements alone. Because it can be created and executed automatically, often without external intervention, it …

Towards The Democratic And Equitable International Order, Ramzy Abdl Hay

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The concept of the democratic and equitable order is considered one of the modern and revolutionary concepts in the field of international relations. The emergence of this concept was mainly linked to the edgy international reality and the increasing need to move towards a just and balanced international order. This study presents the concept of the democratic and equitable international order as a new vision of the international order that achieves justice and fairness among all countries of the world and their peoples, and contributes to establishing international peace and security. It also acknowledges the most important and appropriate ways …

Some Corrections To The Record On Lemkin’S Early Years: The Evidence From Poland, Zachary Mazur

Genocide Studies and Prevention: An International Journal

This piece addresses some misunderstandings regarding Raphael Lemkin's early years in Poland, his influences and the development of his ideas. While discussing some of the extent published information, I point out what other archival documents from Poland and the League of Nations have to say about Lemkin's past. One of the main points is that Lemkin was an unreliable narrator on his own life, and this has caused confusion.

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead