Comparative and Foreign Law Commons^™

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 …

Double Standards? A Comparative Analysis Of Eu And Us Refugee Policies, Jensen Bee

Cardozo International & Comparative Law Review (CICLR) Blog

The disparity in treatment between Ukrainian and Syrian refugees has raised important questions about the consistency and fairness of international refugee protection frameworks. While both the European Union (EU) and United States have established comprehensive legal mechanisms for processing asylum seekers, their practical application reveals concerning inconsistencies in how different refugee populations are treated. This analysis examines these disparities and their implications for international refugee law.

This post was originally published on the Cardozo International & Comparative Law Review on January 21, 2025. The original post can be accessed via the Archived Link button above.

State Obligations To Prevent Torture, Madeline Cohen

Cardozo International & Comparative Law Review (CICLR) Blog

The right to be free from torture is firmly recognized in international law. Freedom from torture has been enshrined in many foundational United Nations (U.N.) documents since it was founded in 1945. In 1948, The United Nations Declaration of Human Rights (UNDHR) was approved by the U.N. General Assembly. Article 5 of UNDHR states that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” All 193 member-states of the U.N. have pledged to comply with this obligation.

This post was originally published on the Cardozo International & Comparative Law Review on January 21, …

Cross-Border Patent Enforcement: Navigating The Evolving International Landscape, Yena Hong

Cardozo International & Comparative Law Review (CICLR) Blog

In our increasingly interconnected world, the enforcement of patent rights across international borders has become a critical issue for innovators, businesses, and legal professionals. Recent developments in global patent law and patent enforcement mechanisms highlight the ongoing challenges and emerging strategies in this complex field. This article examines the current state of cross-border patent enforcement, focusing on key challenges, recent initiatives, and future trends.

This post was originally published on the Cardozo International & Comparative Law Review on January 21, 2025. The original post can be accessed via the Archived Link button above.

Louboutin Lawfare: Exploring Conceptions Of Sanctions' Utility Through Export Controls On Luxury Goods, Vinita R. Singh

Northwestern University Law Review

There is widespread consensus amongst scholars that sanctions—the deliberate withdrawal of customary trade and financial relations—do not work. Despite this perception, states are deploying sanctions at an increasing rate. This Article explains this paradox by arguing the predominant notion of sanctions’ utility employed by scholars is unduly constrained, narrowly focusing on the ability of such measures to modify the behavior of sanctioned parties while disregarding the alternative benefits this instrument can deliver. To support this argument, this Article uses export controls on luxury goods deployed in connection with the Russo–Ukraine War as a case study. Under prevailing perceptions of sanctions’ …

Book Review, Jens Meierhenrich, The Violence Of Law: The Formation And Deformation Of Gacaca Courts In Rwanda (2024)., Mark A. Drumbl

Scholarly Articles

In The Violence of Law, Jens Meierhenrich—currently professor of international relations at the London School of Economics and Political Science—offers a detailed, erudite, and encyclopedic analysis of the gacaca system.

Empirical Essays On Mobility-Restricting Covenants, Lorenzo G. Luisetto

SJD Dissertations

This thesis, which consists of four essays, uses empirical methods to study questions on the use of mobility-restricting covenants in business and employment contracts.

The first chapter investigates the spillover effects of the so-called “No-Poach Initiative,” an enforcement action launched by the Antitrust Division of the State of Washington Attorney General’s Office in January 2018 that led 237 franchisors to agree to stop using no-poaching clauses—i.e., provisions in franchise contracts that prohibit franchisees from hiring each other’s employees—nationwide. I document that approximately one third of the franchisors not targeted by the No-Poach Initiative removed the no-poaching clause from their franchise …

Muzaffer Eroğlu, Matthias Finger, And Emin Köksal (Ed.), The Economics And Regulation Of Digitalisation: The Case Of Türkiye, Routledge 2024, 296 P., Hanna Stakheyeva

Yearbook of Antitrust and Regulatory Studies

In an age where digital transformation profoundly influences governance, commerce, and public policy, The Economics and Regulation of Digitalisation: The Case of Türkiye presents a timely and authoritative examination of Türkiye’s evolving digital ecosystem. Edited by Muzaffer Eroğlu (Boğaziçi University), Matthias Finger (İTÜ), and Emin Köksal (Bahçeşehir University), this multidisciplinary volume offers a rigorous analysis of digitalisation processes across diverse sectors—including infrastructure, FinTech, and social media—while critically addressing Türkiye’s legal and regulatory responses, particularly in the realm of competition law in digital markets. What sets this work apart is its dual focus: it positions Türkiye within broader global digital trends …