University of Minnesota
Georgetown University Law Center
Nova Southeastern University
UC Law SF
University of Georgia School of Law
University of Pennsylvania
UIC School of Law
William & Mary Law School
Klinik Hukum: Sebuah Pendekatan Praktis,
2023
Faculty of Law, University of Indonesia
Klinik Hukum: Sebuah Pendekatan Praktis, Satjipto Rahardjo
Jurnal Hukum & Pembangunan
No abstract provided.
The Constitution Of Japan,
2023
Faculty of Law, University of Indonesia
The Constitution Of Japan, Harun Alrasjid
Jurnal Hukum & Pembangunan
No abstract provided.
Transnational Insights For Climate Litigation At The European Court Of Human Rights: A South-North Perspective In Pursuit Of Climate Justice,
2023
University of Cape Town
Transnational Insights For Climate Litigation At The European Court Of Human Rights: A South-North Perspective In Pursuit Of Climate Justice, Melanie Murcott, Maria Antonia Tigre, Nesa Zimmermann
Sabin Center for Climate Change Law
The global climate crisis is increasingly recognised as an issue of climate injustice, including because it is causing (and worsening) inequalities and human rights violations. Moreover, responsibility for emissions and vulnerability to climate impacts are not evenly distributed. They vary among and within states. In order to tackle these issues of justice both within and among states, litigants have taken to domestic and regional courts to engage in climate litigation. A body of transnational climate jurisprudence is emerging in which courts are increasingly looking to laws beyond their relevant state or region, engaging with the moral aims of human rights …
Global Climate Litigation Report: 2023 Status Review,
2023
Columbia Law School, Sabin Center for Climate Change Law
Global Climate Litigation Report: 2023 Status Review, Michael Burger, Maria Antonia Tigre
Sabin Center for Climate Change Law
This Global Climate Litigation Report: 2023 Status Review, which updates previous United Nations Environment Programme reports published in 2017 and 2020, provides an overview of the current state of climate change litigation and an update of global climate change litigation trends. It provides judges, lawyers, advocates, policymakers, researchers, environmental defenders, climate activists, human rights activists (including women’s rights activists), NGOs, businesses and the international community with an essential resource to understand the current state of global climate litigation, including descriptions of the key issues that courts have faced in the course of climate change cases.
Masthead,
2023
UC Law SF
From The Editor-In-Chief,
2023
UC Law SF
From The Editor-In-Chief, Monica Ratajczak
UC Law SF International Law Review
No abstract provided.
Sovereign Debt Denunciation A Nd Unilateral Insolvency Under International Law: When Is It Lawful?,
2023
UC Law SF
Sovereign Debt Denunciation A Nd Unilateral Insolvency Under International Law: When Is It Lawful?, Ilias Bantekas
UC Law SF International Law Review
Central to our understanding of sovereignty should be the competence of states to determine how their debts are restructured or denounced when the debts considered are odious or illegal. Sovereignty, in this sense, is tantamount to self-determination and the corresponding obligations of states that are absent on the part of creditors when entering into a debt agreement or restructuring process. States owe duties under international law to their own people. Hence, the sanctity of international agreements, whether treaties or contracts, entered by states cannot override these compelling and humancentered state obligations. Otherwise, such agreements would be valued more than human …
Extraterritorial Application Of Antitrust Law, International Comity, And Scope Of Remedies: Considering The Nature Of The Product And Service In Addition To The Effect In The Relevant Market, Annie Soo Yeon Ahn
UC Law SF International Law Review
This Article proposes that the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be closely considered for analyzing international comity and deciding the scope of remedies in antitrust cases. These factors should be considered in addition to the effect in the relevant market when determining whether there is an extraterritorial application of antitrust law under the Foreign Trade Antitrust Improvements Act. Specifically, the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be …
Combatting The Uyghur Genocide Via The Wto’S Public Morals Exception,
2023
UC Law SF
Combatting The Uyghur Genocide Via The Wto’S Public Morals Exception, Connor Stanford Moldo
UC Law SF International Law Review
No abstract provided.
Masthead & Table Of Contents,
2023
Schulich School of Law, Dalhousie University
A Further Look At A Hague Convention On Concurrent Proceedings,
2023
Member, Pennsylvania Bar
A Further Look At A Hague Convention On Concurrent Proceedings, Paul Herrup, Ronald A. Brand
Articles
The current project of the Hague Conference on Private International Law has reached a critical juncture that requires careful consideration of the terms that delineate the scope of the proposed convention. Work to date has not followed the mandate of the Council on General Affairs and Policy to produce a convention that would deal with concurrent proceedings, understood as including pure parallel proceedings and related actions. In two previous articles we have addressed the practical needs that should be addressed by the concurrent proceedings project and the general architecture of such a convention. The process is now mired in terminological …
Property And Prosperity, A Demythifying Story,
2023
St. John's University School of Law
Property And Prosperity, A Demythifying Story, Xiaoqian Hu
St. John's Law Review
(Excerpt)
Economic development is fundamentally a property law story. Prominent thinkers―from Adam Smith and Jeremy Bentham, to Douglass North and Richard Posner―tell us that protection of private property rights is essential for economic growth and wealth accumulation. Clear and freely alienable property rights reduce transaction costs and allow private bargaining to produce efficient results. Property rights allow owners to internalize the costs and benefits of their own behavior, reduce production costs, and encourage innovation. Secure property rights protect owners from arbitrary confiscation by the government, foster owner expectations, and facilitate investment, trade, and the development of financial markets. The idea …
The Use Of Arbitration Clauses By Social Media Websites: A Critique,
2023
Pepperdine University
The Use Of Arbitration Clauses By Social Media Websites: A Critique, Kavya Jha, Ananya Singh
Pepperdine Dispute Resolution Law Journal
The arbitration clauses contained in the Terms of Services (ToS) of most social media websites mandate arbitration and the waiver of class arbitration.1 In light of this reality, this article seeks to analyze the legal position with respect to mandatory arbitration and class arbitration waiver in the United States, India, and European Union (EU). It compares and juxtaposes the respective positions in these three jurisdictions to find that whereas the United States has been pro-arbitration to the extent of being detrimental to consumer interest, India has adopted an overly protectionist approach, while the EU has adopted an effective model to …
Commercial Mediation In Mainland China: Pitfalls & Opportunities,
2023
Pepperdine University
Commercial Mediation In Mainland China: Pitfalls & Opportunities, Meng Chen
Pepperdine Dispute Resolution Law Journal
This article offers insight into the practice of Chinese mediation, especially in resolving commercial disputes, considering the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) entered into force on September 12, 2020. First, this article evaluates the attractiveness, vulnerabilities, and popularity of mediation as a means of dispute resolution. The article then introduces the Chinese model of using mediation to resolve commercial disputes, specifically in judicial and arbitral proceedings. Based on empirical data and rules analysis, this article concludes with the benefits of using mediation in China to resolve disputes and exposes a discrepancy between …
Romano Named A Rumsfeld Graduate Fellow,
2023
Maurer School of Law - Indiana University
Romano Named A Rumsfeld Graduate Fellow, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
James Romano’s interests are out of this world. The 2L at the Indiana University Maurer School of Law is intrigued by the futuristic sounding concept of space law, but is quick to note that there’s nothing futuristic about it.
“More private companies are rapidly entering space,” Romano said, “and I’m deeply interested in the question of ‘What does the future of space look like?’”
While Romano’s focus may be directed upward, his trajectory on Earth is quickly ascending.
Romano is one of 14 scholars selected as a Rumsfeld Foundation Graduate Fellow for 2023-24. The fellowships, named in honor of the …
Rebraiding Frayed Sweetgrass For Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues As International Atrocity Crimes,
2023
William S. Richardson School of Law
Rebraiding Frayed Sweetgrass For Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues As International Atrocity Crimes, Alyssa Couchie
Michigan Journal of International Law
The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (“IRS”) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and addressing the harms caused to Indigenous peoples through the settler-colonial process in Canada, this note expresses concern that the dominant framings of anti-Indigenous atrocity violence remain myopically focused on an overly narrow subset of harms and forms of violence, especially those committed at IRSs. It does so by utilizing …
Volume 13, Issue 2 - Full Issue,
2023
Notre Dame Law School
Volume 13, Issue 2 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 13 Masthead,
2023
Notre Dame Law School
Volume 13 Masthead, Journal Of International & Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor,
2023
Notre Dame Law School
Letter From The Editor, Michael Klein
Notre Dame Journal of International & Comparative Law
No abstract provided.
More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter,
2023
Notre Dame Law School
More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter, Mark I. Labaton
Notre Dame Journal of International & Comparative Law
No abstract provided.
