Comparative and Foreign Law Commons^™

The Principle Of Sustainable Development In International Investment Law: A Study From Vietnamese Perspective, Long Tran Thang, Anh Le Tram Pham

Indonesia Law Review

International investment significantly contributes to economic development by fostering hunger eradication, poverty reduction, job creation, and the introduction of new technologies and services. However, it also presents challenges, including resource degradation, environmental decline, waste generation, and human rights violations. This article emphasizes integrating sustainable development principles into international investment law to balance investor and host country interests while safeguarding the environment and human rights for long-term sustainability. In Vietnam, a nation increasingly integrated into the global economy, legal frameworks stipulate sustainable development principles for foreign-invested projects, aligning with international standards to protect the environment and people alongside economic and social …

Cruz Sánchez Et Al. V. Peru, Rachana Reddi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Gaps In Accountability For Submarine Cable Protection: Inadequacies In The Current Legal Framework, Martin Kwan

Ocean and Coastal Law Journal

Submarine cable protection has become a hotly discussed topic as the risk of damage has dramatically increased amidst wars and geopolitical tensions. This Article critically analyzes six gaps in accountability for cable protection. First, there is no civil accountability for non-territorial damage. The United Nations Convention on the Law of the Sea (UNCLOS) allows no residual jurisdiction, and the English case of Virgin Media Ltd. v. Joseph Whelan reasoned that the absence of exclusive jurisdiction to lay cables in those waters means no civil jurisdiction by the coastal state. But this Article argues that it is an exclusive right, taking …

Detention Of Foreign Seafarers And Vessels: Pollution Prevention Or Piracy?, Edward Maccoll, Marshall Tinkle

Ocean and Coastal Law Journal

The purpose of this Article is to interrogate the legal basis for holding foreign crewmembers against their will in connection with APPS prosecutions. Part I examines the underlying justification for prosecuting foreign vessel owners for foreign conduct under APPS. It first discusses the international anti-pollution regimen from which APPS emerged. Next, the Article explores the handful of cases in which APPS prosecutions have been challenged and for the most part sustained, and then offers a critique of the rationale for such prosecutions. Part II explores the lawfulness of the techniques to detain foreign crewmembers and press those crewmembers into the …

Exploring Outer Space: The Role Of Private Companies, Ankita Joshi

Cardozo International & Comparative Law Review (CICLR) Blog

Over the past two decades, discussions about the future of outer space have often gone hand in hand with the role that private space companies, such as SpaceX, Blue Origin, and Rocket Lab, have had in transforming the space industry. Outer space has quickly developed into a competitive commercial landscape, a contrast to initial space law activity that focused on exploration.[1] With this shift, questions have arisen about whether current international space treaties provide adequate protections for space governance between states and private entities, and the protection of outer space resources.

This post was originally published on the Cardozo …

Public, Private, And In-Between: The Future Of Healthcare, Kwadwo Amponsah

Cardozo International & Comparative Law Review (CICLR) Blog

Health insurance is a type of insurance policy that provides coverage for a predetermined set of medical risks over a specified period. A health insurance policy is an agreement between an insurance provider and an individual, wherein the provider commits to covering pre-determined medical expenses, while the individual pays a fixed monthly premium (which may vary depending on the terms of the agreement). Upon acceptance into this plan, the consumer becomes part of a risk pool, which is further categorized into low-risk and high-risk segments. One’s risk assessment provides information regarding their propensity to need more medical services, and this …

Mapping State Reactions To The Icc Arrest Warrants For Netanyahu And Gallant, Rebecca Ingber

Online Publications

On Thursday, the International Criminal Court (ICC) announced it had issued arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former defense minister, in connection with alleged crimes committed in the ongoing armed conflict between Israel and Hamas. In doing so, the Court rejected as premature Israel’s challenge to the Court’s jurisdiction. The Court’s decision to issue a warrant for the sitting Prime Minister of a state, which is notably not a party to the Rome Statute, also demonstrates the Court’s embrace of its prior controversial decision on immunity, namely that customary international law does …

The Russian Invasion Of Ukraine: A Crime Of Aggression, Karen Glikman

Cardozo International & Comparative Law Review (CICLR) Blog

November 19, 2024 marked 1000 days since Russia’s February 2022 invasion of Ukraine.  There is an ongoing debate as to whether the invasion can be classified as a crime of aggression. United Nations General Assembly (UNGA) Resolution 3314 defines aggression as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition.” Article 3 of this resolution outlines specific acts that constitute acts of aggression per se. Russia's February 2022 invasion of …

“Hippo” Law Law And The Biodiversity Crisis Of Habitat Loss, Invasive Species, Pollution, Population, And Overharvesting, Andrew W. Torrance, Bill Tomlinson

UC Law SF International Law Review

This article explores the critical issue of biodiversity loss through the lens of the “HIPPO” acronym coined by Edward O. Wilson: Habitat loss, Invasive species, Pollution, Population, and Overharvesting. It examines the ecological and social ramifications of declining biodiversity and assesses existing legal frameworks aimed at mitigating these threats. Furthermore, the article proposes innovative legal mechanisms to address each HIPPO factor, offering a legal approach that spans many different domains. By integrating comparative legal analysis and suggesting forward-looking legal reforms, this work aims to contribute to the conservation efforts essential for sustaining biodiversity in the face of escalating environmental challenges.

Slow But Steady Wins The Race: The Rise And Rise Of Euroscepticism., Katy Rotzin

UC Law SF International Law Review

This paper analyzes Euroscepticism in the European Union with a focus on two member-states Italy and France. This paper discusses the history of Euroscepticism in Europe, immigration law and economic policy in the European Union as it pertains to both the New Pact on Migration and Asylum and the Stability and Growth Pact, which were both negotiated or renegotiated in 2023. Euroscepticism is a wide sweeping political movement, and this paper does not analyze every aspect, but only seeks to magnify two issues that have plagued the EU since its inception. This paper argues that Euroscepticism will clearly rise with …

Masthead

UC Law SF International Law Review

No abstract provided.

Icca Handbook Supplement 137: Venezuela, Manuel A. Gomez, Gilberto A. Guerrero-Rocca

Faculty Books

i. Introduction This National Report describes the legal framework of domestic and international arbitration in the Bolivarian Republic of Venezuela (“Venezuela”). It includes the most relevant and recent case law, and other important aspects that have shaped the development and use of commercial and investment treaty arbitration in recent times. This Report also discusses the regulation and use of mediation/conciliation given its distinction – alongside arbitration – as a non-judicial form of dispute resolution. The description offered here also considers the social, economic and political context insofar it is relevant to the discussion about arbitration in Venezuela. This Report is …

Defining Pacifism: Article 9’S Role In Japan’S National Defense And Global Commitments, Dylan Kaito Fackler

UC Law SF International Law Review

No abstract provided.

The Primacy Of International Treaties In The Republic Of Kosovo: A Critical Review Of The Kosovo Constitutional Court Case No. 95/13 Through The Lenses Of The Law Of Treaties, Besfort T. Rrecaj

UC Law SF International Law Review

In 2013, the Constitutional Court of Kosovo (the Court) issued an important verdict in its constitutional review of the first agreement between Kosovo and Serbia. In its obiter dictum, the Court made conclusions regarding the relationship between international treaties and domestic law, and the hierarchy between these two norms as well as signature, ratification, and entry into force of treaties. Ten years post-judgment, this research returns to the Court’s arguments presented by the Court and argues that the Court made significant mistakes in its arguments and therefore made erroneous interpretations in its rather short arguments of the judgment. Using well …

Workers’ Rights In The Gig Economy: A Comparative Analysis Between The United States And Australia, Atalya Santos

Cardozo International & Comparative Law Review (CICLR) Blog

The gig economy has transformed the nature of work. Millions of people seeking short-term, flexible jobs through digital platforms that promise unlimited earnings and a “be your own boss” structure have encountered the reality of long hours for little pay and work instability. This reality raises significant legal and policy questions regarding workers’ rights and protections for gig workers. This blog post compares the United States’ treatment of gig workers with Australia’s, analyzing the positives and negatives of each system and evaluating whether the U.S. should adopt an alternative model.

This post was originally published on the Cardozo International & …

La Jurisdicción De La Corte Interamericana Para Revisar Judicialmente La Invalidez De La Denuncia A La Convención Americana Sobre Derechos Humanos Efectuada Por Venezuela En 2012 Bajo Los Estándares De La Convención De Viena Y La Opinión Consultiva Oc-26/20, Claudio Grossman, Carlos Ayala Corao, Juan Mendez, Claudia Martin, Robert Goldman, Gabriel J. Ortiz Crespo

Amicus Briefs & Court Filings

No abstract provided.

Borders Beyond Borders: Offshore Asylum Processing Across The Globe, Marcelina Kropiwnicka

Cardozo International & Comparative Law Review (CICLR) Blog

Every country in the world, from the largest to the smallest, has an immigration policy. While much attention has been given to the United States, particularly as Trump continues to implement restrictive immigration measures in his second administration through executive orders and policy changes, the U.S. is far from the only country with tight borders. Others around the world are outsourcing their asylum systems, thus limiting asylum opportunities and creating legal frameworks that prioritize deterrence over protection. These systems, while justified by claims of national security and resource management, raise serious ethical and legal concerns about the commodification of human …

Money Market Funds: Comparison Of Regulations In The United States And European Union, Stephen T. Cohen, Austin G. Mccomb

Catholic University Law Review

Money market funds have proven to be a highly successful financial product, both in the United States and Europe. These funds have offered investors a competitive, short-term market rate of return, while providing diversification of investments and daily liquidity. Notwithstanding (or, perhaps, in spite of) money market funds’ popularity beginning in the late 1970s and early 1980s, money market funds have been subject to a complex set of regulations and intense focus by global regulators, particularly those in the United States and European Union. This regulatory scrutiny was particularly acute following the 2008 financial crisis and, more recently, after the …

The Power Of Procedure: Uncovering The Gap In U.S. Privacy Rights, Bernard Chao, Mandi Abbott

Pepperdine Law Review

As Congress faces increasing pressure to adopt comprehensive privacy legislation, this Article seeks to contribute to the ongoing discussions by exploring critical procedural deficiencies in U.S. privacy laws and their implications for domestic privacy rights and international data flows. This Article makes several key contributions to the field. First, it uses a comparative law perspective to highlight the lack of robust procedural rights and remedies in U.S. privacy law. Second, while many have questioned whether the Court of Jus tice for the European Union will strike down the latest U.S.-EU Data Privacy Framework (the primary mechanism for allowing the transatlantic …

Thc Meets Gnh: Considering Cannabis Policy In Bhutan Through A Gross National Happiness Lens, Jay D. Wexler, Sonam Tshering

Faculty Scholarship

The legal status of cannabis remains a contentious issue globally, with countries adopting divergent approaches to the drug, ranging from strict prohibition to full legalization. In Bhutan, a nation deeply rooted in the holistic philosophy of Gross National Happiness (GNH), cannabis is currently classified as a controlled substance under domestic drug laws. This paper explores the question of whether Bhutan should change its laws regarding cannabis by analyzing decriminalization’s potential impact on Bhutan’s unique justice system, considering GNH principles and the prevalence of wild cannabis growth in the nation. The research will focus on whether Bhutan’s current approach to cannabis …