Comparative and Foreign Law Commons^™

Storm Warning: New Zealand's Treatment Of "Climate Refugee" Claims As A Violation Of Internatinal Law, Isabella Zink

American University International Law Review

As some countries begin to acknowledge the increasingly strong effects of climate change, others have struggled with its slow onset of effects for decades. Coastal communities, especially island nations at or slightly above sea level, face not only threats of flooding and damaging storms, but also rising sea levels jeopardizing soil and water health. As citizens of these coastal regions face increasing difficulty accessing food, water, and medical care, the United Nations‘ (“U.N.”) scientific bodies predict there will be staggering numbers of displaced persons within the next few decades. Island nations rising two meters above sea-level face total submersion by …

The World's Most Powerful International Court? The Centrual American Court Of Justice And The Quest For De Facto Authority (1907-2020), Salvatore Caserta, Mikael Rask Madsen

American University International Law Review

The original Central American Court of Justice (CACJ) is often referenced as the world’s first international court (IC). Functioning from 1907 to 1918, and commonly known as the Cartago Court, this court was the first-ever IC and a precursor to the Permanent Court of Justice, or “World Court”, established in 1922 in The Hague. The CACJ does, however, hold another record. The current incarnation of the court – established in 1994, in Managua, Nicaragua as the judicial arm of the Central American System of Economic Integration (Sistema de la Integración Centroamericana (SICA) – which is the world’s most powerful international …

Better Than Bullets: Ethiopia Is Committing War Crimes By Starving Civilian Populations In The Ethiopian Civil War, Jordan Luber

American University International Law Review

Abiy Ahmed is the prime minister of Ethiopia. He has been starving seven million people of a lone ethnic group in Ethiopia for over a year. He is a Nobel Peace Prize laureate and a war criminal.

He won a Nobel Peace Prize for allying with a dictator who oversees slavery and locks dissidents in shipping containers in the desert. He took power promising an unprecedented age of progress, then a year later, changed his mind and began to massacre protestors. He launched a civil war with a barrage from armed drones. He manufactured a famine by destroying food supplies, …

Denied Boarding And Overbooked Flights: A Comparative Study Of Contracts Of Carriage By Air, Mohsen Izanloo, Zahra Takhshid, Abolfazl Shahin

Sturm College of Law: Faculty Scholarship

Overbooking flights are a common practice of the airline industry. This business practice aims at ensuring that airplanes fly at their full capacity. However, due to boilerplate contracts that bury the relevant clause, most passengers are shocked when they are denied boarding due to the lack of passenger capacity. This article looks at the legal aspects of overbooking in three jurisdictions: Iran, France, and the U.S. It studies the legal basis of overbooking in each jurisdiction and analyzes the remedies each system offers passengers. While the policy of ensuring a functioning airline industry requires the practice of overbooking, states can …

Plural Belonging: The Samaritans' Negotiation Of Space In The Occupied Palestinian Territory, Zeina Jallad

American University International Law Review

Created in 1993 in accordance with the Israeli-Palestinian Peace Accords, the Palestinian Authority (PA) has grappled with the administration and maintenance of a vortex of highly fragmented legal and judicial systems. These fractured frameworks are the result of centuries-old colonial and military administrations that have exercised jurisdiction over the occupied Palestinian territory (oPt). A self-governing entity whose sovereignty has been undermined since its inception, the PA idealizes a democratic modus-operandi for the nation’s future, while actively participating in and benefiting from an overarching network of laws, court systems, and regulatory frameworks designed to discriminate against and abuse their subjects. Palestinian …

The Emerging Chinese Model Of Statist Human Rights, Ryan Mitchell

American University International Law Review

Chinese Communist Party General Secretary Xi Jinping commemorated World Human Rights Day 2018, marking the 70th anniversary of the signing of the Universal Declaration of Human Rights (UDHR), by declaring that “the happy life of the people is the greatest human right.” The comment was issued as part of a message to attendees of a symposium held in Beijing to commemorate the UDHR, celebrate China’s progress in realizing its aims, and articulate an officially-sanctioned vision of future action.

"Never Let A Good Crisis Go To Waste": Can International Law Seize The Advantage?, Yves Daudet

American University International Law Review

Some international crises are circumscribed, others are more diffuse, sometimes of varying intensity depending on the region. But, at the end of the day, all regions might be impacted according to an uncertain timetable. This is the case, for example, with terrorism, cybersecurity, the migration crisis, and the climate crisis, which is one aspect of environmental damage that intersects with the health crisis. Some are latent and marked by sudden outbreaks, such as terrorism or the Islamic State’s criminal operations. Others are set to worsen, such as the migration crisis, which today is probably small compared to what it will …

"We Can't Go Back Now": How Japan's Refugee Recognition System Denies Rights And Shirks Obligations To Refugees Fleeing The 2021 Myanmar Coup D'État, Jonathan Morrisey

American University International Law Review

The February 2021 coup d’état of the democratic Myanmar government sent shockwaves through the country and across Southeast Asia. Myanmar communities abroad protested in solidarity while governments took action to protect their Myanmar residents from deportation. In Japan, the Ministry of Justice granted an Emergency Refuge Measure to thousands of Myanmar residents, permitting conditional visa extensions due to the coup. Nonetheless, some Myanmar residents in Japan sought stronger protections in the form of refugee status. Japan is a party to the 1951 Convention and 1967 Protocol Relating to the Status of Refugees and, accordingly, provides a path to refugee recognition …

Estados De Emergencia En El Sistenma Interamericano De Derechos Humanos: Los Principales Retos De La Pandemia De Covid-19, Maria Agustina Bonella

American University International Law Review

En las Américas, a medida que avanzaba la crisis sanitaria producida por la primera ola de la pandemia de COVID-19, los Estados han ido adoptando distintas medidas para ralentizar la propagación del virus y evitar el colapso de sus sistemas sanitarios, en miras a salvaguardar el derecho a la vida, a la integridad personal y a la salud de las personas que se encontraban sometidas a su jurisdicción. Estas medidas han incluido desde campañas de concientización sobre el lavado de manos, el distanciamiento social o el uso del barbijo, hasta medidas más extremas, como el cierre de escuelas y universidades; …

The Transnational Effects Of Anti-Corruption Prosecutions By The Us And How They Influence Societies, Based On The Examples Of The Fcpa Enforcement In Ukraine And Russia, Anastasiia Imedidze

Dissertations and Honors Papers

After the Enron case and PATRIOT Act of 2001, enforcement of the FCPA by the Department of Justice and Securities and Exchange Commission around the world was increased. The role of compliance function in the US companies was seriously reconsidered which has led to non-obligatory but very desired development of robust compliance systems inside organizations.

In this paper, I will briefly discuss the FCPA basics, the necessity of compliance programs inside organizations and will look through statistics that companies are willing to adopt these programs, the US legislation regarding compliance programs in the organizations. Then, I will deepen into two …

Private Equity And Venture Capital In Germany: How Europe’S Heartland Is Poised To Become The Next Bay Area, Jake Besanceney

Northwestern Journal of International Law & Business

Abstract

This note examines the current state of private equity and venture capital activity and investment in Germany, and specifically in Berlin, in relation to the state of such activity and investment that existed in the San Francisco Bay Area prior to and following its tech explosion in the late twentieth century. Numerous factors such as political and ethnic diversity, a comparatively lower cost of living, and proximity to higher education institutes are propelling Berlin’s startup and tech scenes, and are eerily reminiscent of similar factors that fueled the Bay Area’s growth and attracted private equity and venture capital activity …

Clarity About Comity: How Courts Have Attempted Greater Guidance For Chapter 15 Litigants, Sabrina Lieberman

Northwestern Journal of International Law & Business

Abstract

This note explores the development of courts’ refusal to extend comity to foreign representatives who have filed a proceeding under chapter 15 of the U.S. Bankruptcy Code. Congress adopted chapter 15 as part of a comprehensive 2005 bankruptcy reform. It allows foreign entities to receive protection under the U.S. Bankruptcy Code. In most cases, foreign representatives who file a chapter 15 proceeding are involved with ancillary insolvency proceedings outside the United States. There is often a question of how or if a U.S. court overseeing the chapter 15 proceeding will defer to a judgment or process within the foreign …

El Control Estatal De La (Des)Informacion En Internet En El Contexto De La Pandemia: Un Analisis De Las Tendencias Regionales Bajo Una Perspectiva De Libertad De Expresion, Paula Roko

American University International Law Review

El 3 de mayo de 2020, en el marco del Día Mundial de la Libertad de Prensa, el secretario general de la Organización de las Naciones Unidas (ONU) afirmó que la desinformación se ha convertido en la “segunda pandemia”. Unos meses antes, el Director General de la Organización Mundial de la Salud (OMS) ya había señalado que “las noticias falsas se difunden más rápido y con más facilidad que el virus, y que son igual de peligrosas”. Estos fueron comentarios recurrentes durante el 2020, un año que será recordado por el estallido de una pandemia mundial sin precedentes. Teorías conspirativas …

Emotional Distress Recovery For Mishandling Of Human Remains: A Fifty State Survey, Christopher Ogolla

Faculty Scholarship

No abstract provided.

Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper

Faculty Scholarship

Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.

Border factories and a population spike contribute to the sewage. Maquiladoras, …

Is Fire Insurable?, Kenneth S. Klein

Faculty Scholarship

The focus of this chapter is on the extant data on the prevalence, causes, and depth of inadequate, unavailable, and/or unaffordable dwelling insurance for fire, and what might be done about it. Whether it is ‘bushfire’ in Australia or ‘wildfire’ in the United States, the frequency, intensity, and cost of fire is increasing, with no reason to expect the upward trend to dissipate any time soon. Most homeowners want to insure their homes for fire and think they both have done so and done so adequately. More often than not, they are wrong. And many are finding that insurance now …

Guide On Multisectional Responses For The Protection Of Migrants, Refugees, And Internally Displaced Persons During And After The Covid-19 Pandemic, Diego Rodriguez-Pinzon, Claudia Martin

Research Reports & White Papers

The Guide on Multisectoral Responses for the Protection of Migrants, Refugees, and Internally Displaced Persons during and after the COVID19 pandemic is an initiative of the Department of Social Inclusion of the Secretariat for Access to Rights and Equity of the Organization of American States (OAS) that offers a situational analysis and promotes a dialogue on proposals to address the particular needs of migrants, refugees, and internally displaced persons in the face of the emergency generated by COVID-19. It also seeks to define proposals with a post-pandemic perspective that provide multisectoral responses to address the needs of vulnerable populations.

This …

Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome

American University International Law Review

After the World Health Organization (WHO) characterized the COVID-19 outbreak as a “global pandemic,” States responded by taking more restrictive and urgent measures. These measures ranged from restrictions on public events to partial or total lockdowns, which restrict a plethora of human rights. Additionally, an unprecedented number of States declared a state of emergency to justify these measures; as of this writing, roughly two-thirds of States declared a state of emergency due to COVID-19 under the International Covenant on Civil and Political Rights (“ICCPR”).

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Foreword, Seattle University Law Review

Seattle University Law Review

Foreward