International and Area Studies Commons^™

Not So Respectful Consideration: The U.S. Supreme Court’S Deference Or Lack Thereof To Foreign Government Statements Of Law, Cindy G. Buys

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

The amount of deference due foreign governments’ statements regarding the meaning of foreign law has long plagued U.S. courts. Courts have applied a variety of approaches in answering this question, including reliance on doctrines of international comity, respectful consideration, and Rule 44.1 of the Federal Rules of Civil Procedure. The U.S. Supreme Court recently attempted to provide additional guidance to lower courts and litigants in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., Ltd., where it created a new, five-factor test. However, application of this new test is likely to generate continued uncertainty and inconsistency in this area of …

China’S Defense Of Its Human Rights Policies, Daniel C.K Chow

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.

Foreward

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

No abstract provided.

Prosecuting With Compassion, Defending With Power: Progressive Prosecutors And The Case For Rehabilitative Justice, Cody Mcgraw

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

No abstract provided.

Suspended Sentencing In Spain: Why Their Model Could Alleviate Some Of America's Worst Federal Prison Issues, Ryan Lamon

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

No abstract provided.

Plastic Prohibition: The Case For A National Single-Use Plastic Ban In The United States, Margaret Kolcon

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

No abstract provided.

A Functional Framework To Balance Accountability With The Needs Of International Organizations:International Organization Immunity Post-Jam, Trillium Chang

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

Prior to 2019, international organizations were untouchable. These larger-than-life entities touch almost every corner of the international arena. Yet historically, international organizations enjoyed absolute immunity from liability in U.S. fora.

Champions Of Justice: The Role Of Civil Society In The International Criminal Court's Preliminary Examination And Investigation Into The Situation In Georgia, B. Aloka Wanigasuriya

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

In August 2008, an armed conflict erupted between Georgia and Russia in the pro-Russian breakaway region of South Ossetia. An estimated 850 lives were lost, and more than 100,000 civilians fled their homes during the conflict. On August 14, 2008, the Prosecutor of the International Criminal Court (ICC) announced the commencement of a preliminary examination into the situation in Georgia. Progress was slow. However, on January 27, 2016, Pre-Trial Chamber I granted authorization to the Prosecutor to open an investigation into the situation. In Georgia, despite the presence of the necessary domestic legislative framework for prosecuting international crimes, national investigative …

Decreasing Unintentional War: Governance Considerations For Regulating Lethal Autonomous Weapons Systems, Aiden Warren, Alek Hillas

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

While the introduction of futuristic technologies will establish new options and precedents for state responses to security scenarios, there are important lessons to be drawn from prior crises. Beginning with a case study of newly sworn-in leaders during their first major foreign policy ‘test,’ this article envisions changes to such security scenarios with reference to the development of policies on Lethal Autonomous Weapons Systems (LAWS). Leadership perceptions and the politics of human versus machine error, or sharing accountability of fault by states, is considered in the context of a detailed thought experiment. The second section of the article identifies enhanced …

Reinterpreting The Reinterpretation: Collective Self-Defense As Constitutional Fidelity, C.D.A Evans, Aviel Menter

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

As currently interpreted, Article 9 of the Japanese Constitution requires Japan’s Self-Defense Forces (JSDF) to operate in a purely defensive capacity. Recently, however, the United States has increasingly asked Japan to participate in joint military operations, in which Japanese forces would defend not only themselves, but also their American allies. This raises an important legal question: does Article 9 permit the JSDF engage in this kind of collective self-defense? Former Prime Minister Abe Shinzo believed so. After a government panel of legal experts found that collective self-defense was consistent with Article 9, the Abe administration adopted the panel’s conclusion. However, …

Foreward

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.

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.

Ethnic Inferencing: The Unanswered Question Of S And Marper V. United Kingdom, Jamie Jones

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

No abstract provided.

From Isolation To Independence: A Comparison Study Of Juvenile Solitary Confinement Practices In The United States And Germany, Claire Banks

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

The “tough on crime” mentality originating in the 1980’s resulted in a crackdown of juvenile offenders for categorically non-dangerous crimes, leaving many to fend for themselves in high security prisons. An even more harrowing reality, tens of thousands of juvenile offenders in those state and federal prisons today are placed in solitary confinement for week or months on end. Extensive research indicates that solitary confinement has devastating effects on human development, mental soundness, and emotional coping – effects that, unsurprisingly, are much more devastating for juveniles than adults – signaling a desperate need for change. Looking to Germany as a …

Is This Belt One Size Fits All? China's Belt And Road Initiative, John C. Byrnes

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

Widely considered one of the largest and most ambitious infrastructure projects in human history, China’s Belt and Road Initiative [BRI] has made major headway since its inception in 2013. Although the BRI is formally adopted under the Chinese Communist Party Constitution as an initiative to secure “shared growth through discussion and collaboration,” the BRI is much more than these words convey. This Comment briefly introduces an overview of the BRI, including its components and early research on its effects on participating countries and regions. The Comment then conducts an in-depth analysis of four countries who have participated in the BRI …