Cultural Heritage Law Commons^™

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman

Seattle University Law Review

This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …

Table Of Contents

Seattle University Law Review

Table of Contents

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster

Seattle University Law Review

For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices.  They press their claims in street protests, legislative hearings, dramatic performances, and other fora.  The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin.  More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …

Wildearth Guardians V. U.S. Dept. Of Agric. Animal And Plant Health Inspection Serv. Wildlife Services, Luke A. Zagar

Public Land & Resources Law Review

WildEarth Guardians v. U.S. Dept. of Agric. Animal and Plant Health Inspection Serv. Wildlife Services considers whether Predator Damage Management (“PDM”) programs in Wilderness Areas violate the Wilderness Act and whether the United States Department of Agriculture’s Animal and Plant Health Inspection Service, Wildlife Services (“Wildlife Services”) violated the National Environmental Policy Act (“NEPA”) in issuing its Final Environmental Assessment (“EA”) and Finding of No Significant Impact (“FONSI”). The Court of Appeals for the Ninth Circuit affirmed its prior holding in Forest Guardians v. Naimal & Plant Health Inspection Serv., finding that “the Wilderness Act does not prohibit Wildlife Service …

Unlached: The Case Against Laches In Actions Brought In Replevin By Foreign Sovereigns For Objects Of Cultural Heritage, Peyton M. Kendall

William & Mary Law Review

The American judicial system sanctions the theft of objects of immense cultural value from source nations—countries whose modern borders encompass territory previously inhabited by culturally rich civilizations—by allowing the allegedly equitable doctrine of laches to serve as an affirmative defense to actions brought by foreign sovereigns in replevin.

Courts have treated laches as a valid affirmative defense in foreign-sovereign-plaintiff replevin actions, treating the foreign sovereigns no differently than they would a private citizen bringing suit for a piece of artwork. While the value of the artwork may be the same in the two instances—both in terms of cultural and monetary …

Fbi National Stolen Art File: Lost Artifacts And Missing Data, Allison N. Arnold

Dissertations, Theses, and Capstone Projects

This data exploration project studies the FBI’s National Stolen Art File (NSAF). The NSAF is a repository for information on stolen artistic and cultural objects. By design, the objects in the NSAF should have distinguishing features and some monetary value, with a present minimum of $5,000 USD. As a public awareness tool, the objects in the NSAF should have a reasonable chance of being identified and potentially restituted in the future.

Using object data taken from the NSAF on August 25, 2024, my data exploration work includes a narrative of the data preparation process and a series of data visualizations. …

Russia’S Soft Power In Nahdlatul Ulama’S Art Exhibition Russia-Indonesia: Within The Framework Of Art, Nurul Rahmawati, Ahmad Fahrurodji

International Review of Humanities Studies

This study analyzes the construction of Russian cultural diplomacy in news media coverage of art exhibitions. Russia-Indonesia: Within the Framework of Art. The research uses the method Critical Discourse Analysis with Norman Fairclough's model and concept soft power Joseph Nye and the skeleton Taxonomy of Soft Power from Ohnesorge to map actor relations in cultural diplomacy practices. The results show that Russia utilizes art, religious symbols, and collaboration with Nusantara Utama Gallery and the involvement of Nahdlatul Ulama (NU) artists as an instrument of soft power to build appeal and legitimacy among the Indonesian Muslim public through cross-media discourse …

Adaptation Processes In Cross - Cultural Communication Within Chinese - Indonesian Workplace Settings: An Analysis Of The Tiktok Series "Day 1 Kerja Sama Orang China. ", Shi Jie, Amelia Burhan

International Review of Humanities Studies

In the background ofChina's deepening economic engagement with Indonesia under the Belt and Road Initiative, increasing numbers of Chinese workers have entered Indonesian industrial zones, creating a workplace environment characterized by intensive cross-cultural interaction. While previous studies on cross-cultural adaptation have primarily emphasized macro-level cultural barriers and language difficulties, this research shifts attention to the micro-level communicative practices through which cultural adaptation is negotiated in everyday collaboration. Drawing on Howard Giles' Communication Accommodation Theory (CAT), this study conducts a qualitative analysis of TikTok videos depicting workplace interactions between Chinese and Indonesian workers particularly those labeled "Day 1 kerja sama orang …

Right-Wing French Media Coverage Of The Rassemblement National’S 2027 Presidential Candidates, Amelinda Sundari, Myrna Laksman-Huntley

International Review of Humanities Studies

The 2027 French presidential election has become a contest over political legitimacy, and the media play a key role in shaping candidates’ images. Within the right-wing camp, Rassemblement National (RN) presents two potential figures, Marine Le Pen and Jordan Bardella. Le Pen faces legal threats that could prevent her candidacy, while Bardella is projected as a successor to represent RN in the contest. Drawing on framing theory Pan & Kosicki (1993) and Critical Discourse Analysis Fairclough (1995), this qualitative study investigates right-wing French media preferences between these two candidates. The analysis examines three articles each from Le Figaro and Le …

Sahel Region In French Postcolonial Discourse: Macron's Production Of Space And Security Rhetoric, Azzahrah F. A Putri, Abellia Anggi Wardani Dr.

International Review of Humanities Studies

Between the Sahara Desert and the Sudanese Savannah, the Sahel region has become a contested geopolitical space. This study analyses how France is reconstructing its hegemony following its military withdrawal through the rhetoric of Emmanuel Macron (2021 and 2025). Using Critical Discourse Analysis (Fairclough, 1995) and the theory of spatial production (Lefebvre, 1974), this study examines how the discourses of “partnership” and “security” are employed to maintain French influence. Qualitative methods were applied to Macron's speeches, French media, and statements by former presidents of Sahel countries. The results show that France is redefining the Sahel as a ‘crisis zone’ requiring …

The Mediating Role Of Trust: How Cultural Factors Shape Consumer Acceptance Of Chinese Electric Vehicles In Jakarta, Indonesia, Suci Kuswardani, Ike Iswary Lawanda

International Review of Humanities Studies

This study examines the mediating role of consumer trust in the relationship between cultural factors and the purchase intention of Chinese Electric Vehicles (EVs) in Jakarta, Indonesia. While global EV adoption is often analyzed through techno-economic lenses, this research addresses a critical gap by investigating the under-explored socio-cultural dimensions that shape consumer behavior in emerging markets. Framed by an integrated theoretical approach combining Hofstede’s Cultural Dimensions, the Technology Acceptance Model (TAM), and Reception Theory, the study explores how local cultural values such as collectivism, uncertainty avoidance, and social status filter the acceptance of Chinese EV technology. A qualitative case study …

Songs Of Mahzani Of Woloan And Rukukan: From Ritual To Performance, Jeane Angela Manus, Priscila Fitriasih Fitriasih Limbong, Turita Indah Setyani, Muhammad Yoesoef

International Review of Humanities Studies

As one of oral traditions acknowledged in Woloan and Rurukan, Tomohon Minahasa, the songs of mahzani have long been sung in these two areas. As we understand that oral tradition would disappear from its community when it has lost its real function, this particular oral tradition has developed into staged performances. Songs of mahzani that had been practiced for generations as part of the mapalus traditions in the last decades has significantly decreased in line with the change of lifestyle of the people who practice it. Using qualitative method with an ethnographic approach, this article is to delve into the …

Sakdiyah Ma’Ruf’S Stand-Up Comedy: Humor And Social Critique In The Digital Age, Fitrizal Rahmadhian, Shuri Mariasih Gietty Tambunan

International Review of Humanities Studies

Stand-up comedy can challenge dominant discourses and dismantle stereotypes. This research focuses on an Indonesian female stand-up comedian, Sakdiyah Ma’ruf. Using textual analysis, the study investigates recorded performances available on YouTube between 2014 and 2025. Sakdiyah addresses critical social issues, including religious fundamentalism, terrorism, sexism, and gender-based violence. The study explores how she constructs her comedic persona through narratives of personal identity and social critique, and how she employs humor to negotiate sensitive topics while remaining acceptable to diverse audiences. Findings reveal that her themes remain consistent across performances, while her humor strategies, including structured narratives, deliberate word choices, and …