Comparative and Foreign Law Commons^™

The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia

Indonesia Law Review

The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …

Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson, Carolyn Hoyle

Brooklyn Journal of International Law

The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …

Is Usmca Good For Mexican Labor? A Preliminary Analysis Of Usmca And Labor Market Outcomes In Mexico, Diego Marroquín Bitar

Brooklyn Journal of International Law

The United States-Mexico-Canada Agreement (USMCA) introduced significant labor provisions aimed at bolstering labor rights and promoting union democracy, representing a departure from its predecessor, the North America Free Trade Agreement (NAFTA). This paper examines USMCA’s potential benefits and limitations on labor, arguing that the trade agreement’s effectiveness in improving labor conditions in Mexico may be limited. By primarily benefitting export-oriented firms, USMCA leaves a significant portion of Mexico’s workforce untouched. Moreover, USMCA's new wage requirements, intended to raise labor standards, may paradoxically increase production costs for formal firms, potentially lowering overall productivity. This paper underscores the persistent formal-informal labor divide …

American Handling Of Holocaust Property Takings: What We Can Learn From International Policies, Matthew Franks

Brooklyn Journal of International Law

The Supreme Court decision in Federal Republic of Germany v. Philipp and US enforcement of the Foreign Sovereign Immunities Act have made it extremely difficult for Holocaust survivors and their families to recover lost and stolen property from during the World War II era. Other countries, such as the United Kingdom, France, and Germany, have had great success in this arena through various methods. This Note explores the ways in which US jurisprudence continues to make recovery inaccessible, while highlighting the specific processes these few European countries have created to foster recovery. Finally, this Note argues that the US must …

Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis

Brooklyn Journal of International Law

NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …

Animals In The Courtroom, Challie Facemire, Clayton Kinsey

Journal of Law and Policy

Law centers on the experience of the human species. Yet, emerging scholarly and public conversations advocate for bringing animals into spaces once assumed to be human, a growing field known as animal studies. This Article is the first to experiment with how to integrate the more-than-human experience into the courtroom. It specifically reimagines canonical legal cases from the perspective of the animals involved in them. Through the perspective of the animals at issue, it examines cases in which animal interests were considered by human advocates and decided by human judges. This novel technique of de-centering the human requires developing a …

Authoritarian Privacy, Mark Jia

Georgetown Law Faculty Publications and Other Works

Privacy laws are traditionally associated with democracy. Yet autocracies increasingly have them. Why do governments that repress their citizens also protect their privacy? This Article answers this question through a study of China. China is a leading autocracy and the architect of a massive surveillance state. But China is also a major player in data protection, having enacted and enforced a number of laws on information privacy. To explain how this came to be, the Article first turns to several top-down objectives often said to motivate China’s privacy laws: advancing its digital economy, expanding its global influence, and protecting its …

Remodeling The Fruitless Link Between The Security Council And The International Criminal Court: Why Amending The Un Charter Could Be The Greatest Tribute International Politics Has Ever Paid To International Law, Mickey Isakoff

Et Cetera

Established in 2002, the International Criminal Court (“ICC”) has become a symbolic cornerstone of international criminal jurisprudence—prosecuting and convicting individuals for the commission of genocide, crimes against humanity, war crimes, and crimes of aggression—collectively referred to as atrocity crimes.

One way the ICC can lawfully exercise jurisdiction is by referral—in the form of a resolution—from the UN Security Council. The language of Charter of the United Nations and the Rome Statute collaborate to provide an avenue for the Security Council to grant the ICC jurisdiction over atrocity crime situations. Such resolutions grant the ICC full jurisdiction over the suspected …

Foreign Subsidy Regulation – Will The United States Follow The European Union, Or Lead From Behind?, Hannah Perez

Cardozo International & Comparative Law Review (CICLR) Blog

Back in December of 2022, the European Union (EU) adopted the Foreign Subsidies Regulation which requires notification and approval for certain mergers and other deals that ‘distort’ the internal market through receipt of foreign subsidies. One of the central concerns for the European Commission (Commission) in adopting this rule was curbing the “unfair advantage” that subsidies create over domestic companies in attempting to win contract bids. This regulation went into effect in July 2023 and has recently been put to work with the first in-depth foreign subsidy probe of the Bulgarian Ministry of Transport and Communications’ contract to acquire twenty …

Recognizing And Enforcing Foreign Nation Judgments: The United States And Europe Compared And Contrasted - A Call For Revised Legislation In Florida, Juan Carlos Martinez

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Chagos Archipelago: A Failure Of International Law To Protect Powerless Peoples, Cali Smith

Cardozo International & Comparative Law Review (CICLR) Blog

The opening act of 2024 featured David Cameron, the United Kingdom’s (UK) latest Foreign Secretary, dashing the hopes of a displaced people; the island natives of the Chagos Archipelago. The Chagos islanders (Chagossians) have waged a decades long battle for the right to return to their homeland, from which they were forcibly removed in the 1960’s and 70’s. The former Foreign Secretary, James Cleverly, indicated that the UK was in negotiation regarding the resettlement of the Chagossians to their native islands. However, on January 9, 2024 Cameron stated that the return of the Chagossians to their islands was “not possible.” …

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Grayson Shade Walker

Emory International Law Review Symposia

No abstract provided.

The Americans With Disabilities Act: Website Accessibility And A Foreign Solution To A Domestic Problem, James Toye

St. Mary's Law Journal

No abstract provided.

Escalating Conflict-Related Sexual And Gender Violence In The Ongoing Sudan Conflict, Agnes Poplawski

Cardozo International & Comparative Law Review (CICLR) Blog

Since its independence from Great Britain and Egypt in the late 1950s, Sudan has been in a state of perpetual internal conflict. When Omar al-Bashir seized power and became Sudan’s president in 1989, the state had split into northern and southern Sudan, resulting in South Sudan’s secession. Sudan’s economy began to deteriorate, mass street protests erupted, and the military-civilian government was soon created and overthrown in 2021 when General Abdel Fattah al-Burhan took over. Since this time, the country had been run by a council of generals led by two military figures from opposing groups, bringing us to Sudan’s current …

Gender Quotas For Boards Of Directors: Norway And The United States, Lucy Paiste

Cardozo International & Comparative Law Review (CICLR) Blog

Despite unprecedented progress for women in the workplace, at the highest rung of the corporate ladder, the status quo remains. Women now account for more than half of the college-educated workforce in the United States and more than half of all currently enrolled law students. Looking further up, however, progress is slower. In 2023, for the first time in history, female CEO’s outnumbered CEO’s named John. Globally, women only occupy twenty percent of seats on corporate boards. More educated women participate in the corporate world at higher rates than ever, but what explains deficient representation at the top?

This post …

Legal Constraints To Protect Working Women: A Comparative Study Under International Labor Standards And The Palestinian Labor Law, Naeem Jamil Salameh, Rana Najeh Dawas, Zainab Ghassan Qarawi

An-Najah University Journal for Research - B (Humanities)

The presence of women as workers in workplaces has become an important and essential requirement for increasing the development of countries and a feature that characterizes modern societies. However, the diminishing of her rights and the discrimination directed against her sometimes prompted the local and international community to impose legal texts in the field of work aimed at equality between the sexes, and to provide special protection for women in terms of times and quality of work, taking into account women’s privacy, by prohibiting their employment in some jobs and granting them special leaves and preventing their dismissal during pregnancy …

Foreword, Deborah W. Denno, Erica Valencia-Graham

Fordham Law Review

This Foreword overviews an unprecedented Symposium on these wide ranging topics titled The New AI: The Legal and Ethical Implications of ChatGPT and Other Emerging Technologies. Hosted by the Fordham Law Review and cosponsored by Fordham University School of Law’s Neuroscience and Law Center on November 3, 2023, the Symposium brought together attorneys, judges, professors, and scientists to explore the opportunities and risks presented by AI, especially GenAI like ChatGPT. The discussion raised complex questions concerning AI sentience and personal privacy, as well as the future of legal ethics, education, and employment. Although the AI industry uniformly predicts ever more …

International Space Law In A New Space Age: What Laws Will Regulate Space Mining And Nasa’S Gateway Program?, Hannah Kirby

The International Law Review Association Student Forum

Since the late 1960s, international space law has promoted the peaceful use of outer space between countries. But international space law is insufficient to effectively govern novel outer space activities like space mining and NASA’s Gateway Program (a program between several countries to build an international space station that will orbit the moon and conduct missions to Mars). International space law is general, lacks enforceable repercussions, and leaves the door open for countries to create national laws which could result in the commercialization and destruction of celestial bodies like the Moon and Mars. This Comment explores the history of international …

Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, C. John Cox

SLU Law Journal Online

In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.

Noncompete Agreements In A Rigid Labor Market: The Case Of Italy, Lorenzo G. Luisetto, Tito Boeri, Andrea Garnero

Law Faculty Articles and Essays

Noncompete agreements limiting the mobility of workers have been found to be widespread in the United States, a flexible and lightly regulated labor market. We explore the use of noncompete agreements in a rigid and highly regulated labor market, where labor mobility is low, and the labor market is highly regulated via legislation and collective bargaining. Based on a novel survey of Italian workers and an analysis of the regulatory framework, our study shows how trends and patterns in the use of noncompete agreements are not specific to a flexible labor market. Even in a rigid and highly regulated labor …