University of Miami School of Law
Michigan State University
U.S. Naval War College
Case Western Reserve University School of Law
William & Mary Law School
Penn State Law
Universitas Indonesia
Masthead,
2023
UC Law SF
From The Editor-In-Chief,
2023
UC Law SF
From The Editor-In-Chief, Monica Ratajczak
UC Law SF International Law Review
No abstract provided.
Sovereign Debt Denunciation A Nd Unilateral Insolvency Under International Law: When Is It Lawful?,
2023
UC Law SF
Sovereign Debt Denunciation A Nd Unilateral Insolvency Under International Law: When Is It Lawful?, Ilias Bantekas
UC Law SF International Law Review
Central to our understanding of sovereignty should be the competence of states to determine how their debts are restructured or denounced when the debts considered are odious or illegal. Sovereignty, in this sense, is tantamount to self-determination and the corresponding obligations of states that are absent on the part of creditors when entering into a debt agreement or restructuring process. States owe duties under international law to their own people. Hence, the sanctity of international agreements, whether treaties or contracts, entered by states cannot override these compelling and humancentered state obligations. Otherwise, such agreements would be valued more than human …
Extraterritorial Application Of Antitrust Law, International Comity, And Scope Of Remedies: Considering The Nature Of The Product And Service In Addition To The Effect In The Relevant Market, Annie Soo Yeon Ahn
UC Law SF International Law Review
This Article proposes that the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be closely considered for analyzing international comity and deciding the scope of remedies in antitrust cases. These factors should be considered in addition to the effect in the relevant market when determining whether there is an extraterritorial application of antitrust law under the Foreign Trade Antitrust Improvements Act. Specifically, the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be …
Combatting The Uyghur Genocide Via The Wto’S Public Morals Exception,
2023
UC Law SF
Combatting The Uyghur Genocide Via The Wto’S Public Morals Exception, Connor Stanford Moldo
UC Law SF International Law Review
No abstract provided.
Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race,
2023
University of Hong Kong
Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan
University of Miami Inter-American Law Review
This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …
The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World,
2023
Inter-American University of Puerto Rico School of Law
The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World, Carlos Iván Gorrín Peralta
University of Miami Inter-American Law Review
The territorial law and policy of the United States changed towards the turn of the 20th century, as territorial expansion was no longer motivated by the extension of national borders, but by geopolitical, strategic and economic objectives. The new territories acquired in the Spanish American war were different from those previously annexed. The resulting constitutional doctrine of the Insular Cases differentiated the previous incorporated territories from the new unincorporated territories, which were not destined to be part of the U.S. nor to be admitted as new states. Despite purported changes in the relation with the United States in 1950-1952, Puerto …
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal,
2023
American University in Cairo
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
Theses and Dissertations
The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …
Reparation For The Irreparable: Is Punishing International Crimes A Universalist Hoax?,
2023
American University in Cairo
Reparation For The Irreparable: Is Punishing International Crimes A Universalist Hoax?, Kholoud Hafez Hassan
Theses and Dissertations
This thesis challenges the conventional discourse on international punishment that emphasizes the development of a single, unified system of international criminal justice. Instead, it advocates for a pluralistic approach that recognizes the fragmented nature of international punishment, which involves various actors, including permanent courts, special tribunals, internationalized tribunals, and domestic courts exercising universal jurisdiction. The sui generis nature of international crimes demands a comprehensive approach to punishment that considers multiple perspectives and norms of diverse actors involved. Rejecting the notion of universalism in determining punishment rationales and promoting accounts of sentencing consistency, the author asserts that a global framework can …
Anatomy Of China’S Maritime Strategy: Threatening The Maritime Order Through Its National Legislation And Self-Centered Interpretation Of Unclos,
2023
U.S. Naval War College
Anatomy Of China’S Maritime Strategy: Threatening The Maritime Order Through Its National Legislation And Self-Centered Interpretation Of Unclos, Shigeki Sakamoto
International Law Studies
While the 1982 United Nations Convention on the Law of the Sea (UNCLOS) establishes an objective framework for the coordinated handling of the use of the sea by States in the exercise of their legislative, judicial, and executive powers, China’s legislative bodies, in enacting domestic laws for the fulfillment of treaty obligations, distort obligations in its domestic laws to secure their own national interests. For example, Article 6.2 of China’s Territorial Sea Law violates articles of UNCLOS by denying the right of innocent passage. In addition, China is extending its jurisdiction over security to the contiguous zone with Article 13 …
Romano Named A Rumsfeld Graduate Fellow,
2023
Maurer School of Law - Indiana University
Romano Named A Rumsfeld Graduate Fellow, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
James Romano’s interests are out of this world. The 2L at the Indiana University Maurer School of Law is intrigued by the futuristic sounding concept of space law, but is quick to note that there’s nothing futuristic about it.
“More private companies are rapidly entering space,” Romano said, “and I’m deeply interested in the question of ‘What does the future of space look like?’”
While Romano’s focus may be directed upward, his trajectory on Earth is quickly ascending.
Romano is one of 14 scholars selected as a Rumsfeld Foundation Graduate Fellow for 2023-24. The fellowships, named in honor of the …
A Fraying Patchwork Quilt: International Law And Plastic Pollution,
2023
Villanova University Charles Widger School of Law
A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam
Villanova Environmental Law Journal
No abstract provided.
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas,
2023
Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
A Proposal For A Model Indigenous Intellectual Property Protectiontribal Code (Miipptc),
2023
Delaware State University
A Proposal For A Model Indigenous Intellectual Property Protectiontribal Code (Miipptc), Prof. Tomasz G. Smolinski
Tribal Law Journal
The appropriation of Native American cultural and intellectual property has become commonplace in the United States. At the same time, mainstream, Western cultural/intellectual property laws are inadequate to properly protect traditional Indigenous knowledge. To address this problem, scholars have begun to advocate for a three-tiered system, in which, in addition to national and international legal protections, tribal laws would play a fundamental role in the fight against cultural appropriation. Alas, few Native American tribes explicitly address cultural and/or intellectual property rights in any of their legal instruments. This is especially true with respect to intangible intellectual property, such as traditional …
Volume 13, Issue 2 - Full Issue,
2023
Notre Dame Law School
Volume 13, Issue 2 - Full Issue, Journal Of International & Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
Volume 13 Masthead,
2023
Notre Dame Law School
Volume 13 Masthead, Journal Of International & Comparative Law, Notre Dame Law School
Notre Dame Journal of International & Comparative Law
No abstract provided.
Letter From The Editor,
2023
Notre Dame Law School
Letter From The Editor, Michael Klein
Notre Dame Journal of International & Comparative Law
No abstract provided.
More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter,
2023
Notre Dame Law School
More Than A "Drop Of Justice:" How Nazi-Looted Art Cases Promote "Transitional Justice" And Why These Cases Still Matter, Mark I. Labaton
Notre Dame Journal of International & Comparative Law
No abstract provided.
The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Ezidi People,
2023
Notre Dame Law School
The Long Term-Failings Of Internally Displaced Person Status: A Case Study Of The Ezidi People, Sarah A. Johns
Notre Dame Journal of International & Comparative Law
No abstract provided.
Why The U.S. Supreme Court Is More Politicized Than Its U.K. Counterpart,
2023
Notre Dame Law School
Why The U.S. Supreme Court Is More Politicized Than Its U.K. Counterpart, Mike Kowalski
Notre Dame Journal of International & Comparative Law
No abstract provided.
