Comparative and Foreign Law Commons^™

Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei

Seattle University Law Review

Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …

The Crime Of Aggression: Its Nature, The Leadership Clause, And The Paradox Of Immunity, David Luban

Georgetown Law Faculty Publications and Other Works

The paper, written for a research handbook, critically surveys some fundamental philosophical, historical, and doctrinal issues in the crime of aggression. The two introductory sections set the theoretical issues in the context of Russia’s invasion of Ukraine, and explain the origins of criminalizing aggression under the heading of “crimes against peace.” Section 3 explores an ambiguity between aggression as first use of force and aggression as unprovoked use of force, while section 4 discusses the doctrinal distinction between acts of aggression and wars of aggression.

Sections 5 and 6 turn to the theory of aggression. Section 5 examines modern versus …

Masthead - Cardozo International & Comparative Law Review, Vol. 7 (2024)

Cardozo International & Comparative Law Review

No abstract provided.

"Who Are The Landlords Here?" - Group Rights In The Age Of Populism: Jewish Ownership Of Symbolic And Geographic Space In Israel, Meital Pinto

Cardozo International & Comparative Law Review

The world is witnessing the rise offar-right political parties. In Israel's recent national legislative election, Jewish Power (Otzma Yehudit), a far-right, anti-Arab political party, reached an unprecedented achievement. The party won six seats in the Knesset and its leader, Itamar Ben Gvir was appointed as the Minister of National Security. "Who are the Landlords Here?" was the party's election slogan; it signals that Jews should not only own the state but also its public space. This normative political statement aligns with the dominant attitude towards group rights for the Arab-Palestinian citizens of Israel. The dominant attitude perceives group rights in …

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Barrett Cole

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14, Issue 1 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14 Masthead, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Returning The Benin Bronzes: An Analysis Under International And U.S. Law, Elaine Kim

Notre Dame Journal of International & Comparative Law

No abstract provided.

Oh Canada: Why Canada Should Recognize The Northwest Passage As An International Strait, Sandra Weir

Notre Dame Journal of International & Comparative Law

No abstract provided.

The 2022 Fifa World Cup As A Catalyst For Labor Standards Of Sport Professionals? A New Institutional Theory Perspective, Ilias Bantekas, Marko Begović

Notre Dame Journal of International & Comparative Law

No abstract provided.

Investment Crowdfunding: Anarchy In The U.K.?, Andrew A. Schwartz

Publications

Investment crowdfunding is a new type of venture capital market open to the broad public--'the crowd'--and the United States and United Kingdom adopted rather different legal regimes to govern and police it. In order to protect investors, the United States enacted an extensive set of laws and regulations, while the United Kingdom took a 'liberal' approach to investment crowdfunding, imposing few legal rules and relying primarily on private ordering.

A decade has now passed, allowing us to see whether the liberal U.K. market has devolved into anarchy and failure in the absence of heavy regulation. Recently published data reflects well …

Addressing The Negative Externalities Of Trade: Flanking Policies And The Role Of Package Treaties, Gregory Shaffer

Georgetown Law Faculty Publications and Other Works

This article examines the rationales for addressing sustainability and social inclusion in trade policy and the tradeoffs among imperfect institutional choices in doing so through “flanking policies.” It examines three types of negative spillovers or externalities implicated by trade: material, moral, and social/political. Part I defines terms and sets forth the argument. Part II typologizes the three categories of negative externalities and then highlights the challenges posed for flanking measures given the reciprocal nature of externalities. It respectively addresses environmental harms and labor and social inclusion concerns. Part III assesses different institutional choices for addressing negative externalities, dividing them between …

Lessons From A Small And Troubled Country: Bosnia’S Struggling Judiciary Paints An Ominous Picture For The Future Of The Rule Of Law In The United States, David Pimentel

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Measuring The Unmeasurable: Foreign Aid And The Rule Of Law, Natallia Karkanitsa

Celebrating WCL Student Authors

This article provides an analysis of the international indexes and rankings that assess and compare the rule of law globally. It first starts with a discussion on the necessity of the international measurements of the rule of law in context of the foreign aid allocation to developing countries. Then, this article defines the rule of law and explains its relationship with governance and human rights. This article further reviews three rule of law indexes from the World Bank, the World Justice Project, and Bertelsmann Stiftung and Sustainable Development Solutions Network, using the position of Belarus in these measurements as a …

Contextualizing The Triggering Event: Colonial White Supremacy, Anti-Blackness, And Black Lives Matter In Italy And The United States, Renee Nicole Allen

Faculty Publications

In the summer of 2020, spurred by George Floyd’s murder and amid a worldwide pandemic, Black Lives Matter demonstrations peaked in the United States. The viral nature of the police violence that caused Floyd’s death was a triggering event for transnational Black Lives Matter protests. Around the world, millions took to the streets to demand justice. In Italy, a resounding demand that “Black Lives Matter” filled the streets during solidarity protests that occurred in Milan, Naples, and Rome. Less than six months later, in September 2020, the fatal civilian beating of Willy Monteiro Duarte, a Black Italian, revealed the necessity …

The Consumer’S Choice To Boycott, Agnes Bresee

Seattle University Law Review

In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …

An Information Flow Model Of Online Mediation: Jeopardizing Privacy And Autonomy In The Shadow Of Innovation, Rachel Ringort, Ayelet Sela

Cardozo Journal of Conflict Resolution

Online mediation has developed significantly over the past decade, and increasingly so following the COVID-19 pandemic. Online mediation platforms are now integrated into both private and public settings, enabling mediation through diverse means-from videoconferencing software to dedicated platforms that use various procedural and technological tools, including artificial intelligencepowered applications. The digital transformation of the mediation process introduces challenges and opportunities for mediators, parties, and mediation platforms, many of which stem from new digital datahandling practices. This article explores how such digital transformation of mediation impacts the parties' rights to self-determination and privacy. Recognizing that these rights derive from the parties' …

Civil Appeals Mediation Program 2023 Mediation Colloquy "Thinking 101" And Mediation

Cardozo Journal of Conflict Resolution

No abstract provided.