Masthead,
2023
UC Law SF
From The Editor-In-Chief,
2023
UC Law SF
From The Editor-In-Chief, Monica Ratajczak
Hastings International and Comparative 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
Hastings International and Comparative 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
Hastings International and Comparative 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
Hastings International and Comparative Law Review
No abstract provided.
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 …
The House Doesn't Always Win,
2023
University of Nevada, Las Vegas
The House Doesn't Always Win, Jennifer Owen
International Conference on Gambling & Risk Taking
In June 2015, fourteen South Korean casino executives were arrested on charges of soliciting Chinese players to gamble in their casinos. This single event foreshadowed a seismic change in the Australian casino market that few would have anticipated. The events which unfolded led to the two largest casino operators in Australia being found unsuitable to operate their casinos, and unable to hold their licenses. Collectively, these two casino groups reported revenues of $5.0bn in 2019, accounting for 92% of the total Australian casino market.
Both are now operating under various forms of special supervision until it can be demonstrated that …
A Non-Exhaustive Overview Of Various Aspects Of Power And Power Dynamics From A Chinese Perspective: Governmental Power, Private Power, And Personal Power,
2023
University of St. Thomas, Minnesota
A Non-Exhaustive Overview Of Various Aspects Of Power And Power Dynamics From A Chinese Perspective: Governmental Power, Private Power, And Personal Power, Asen Velinov
University of St. Thomas Law Journal
No abstract provided.
Foreword,
2023
University of Washington School of Law
Rights-Based Boundaries Of Unilateral Sanctions,
2023
University of Washington School of Law
Rights-Based Boundaries Of Unilateral Sanctions, Seyed Mohsen Rowhani
Washington International Law Journal
This Article serves as a model for sender states to consider when designing and implementing unilateral sanctions and also provides a framework for targeted states to challenge the legality of sanctions. In this context, the Article investigates several multilateral treaties, including the United Nations (“UN”) Charter and its principles of nonintervention and sovereignty and its rights-based boundaries. The Article also investigates other rights-based treaties to determine if their member states may have any extraterritorial obligations to promote human rights beyond their borders. In addition, the Article analyses International Court of Justice (“ICJ”) rulings in cases where one party claims that …
Substantial Presence In Covid: Rethinking Relief Under Internal Tax Laws For A Changing World,
2023
University of Washington School of Law
Substantial Presence In Covid: Rethinking Relief Under Internal Tax Laws For A Changing World, Kate Moyer
Washington International Law Journal
At the onset of Covid in early 2020, the world shut down, and people everywhere found themselves stuck in new places and unable to travel. Aside from the logistical nightmares and anxiety, forced lockdowns created different tax implications. Depending on the length of a stay, individuals may be subject to a country's internal tax code, triggering double taxation or taxation on income not previously taxed. As a result, countries implemented different relief policies exempting certain days from the calculation of these tests. Reports have been done to examine general policies with Covid-19, but there is a gap in closely examining …
The Issue Of Enforcement In International Law: A Case Study Of The War In Ukraine,
2023
University of San Francisco
The Issue Of Enforcement In International Law: A Case Study Of The War In Ukraine, Luana M. Denegre
Undergraduate Honors Theses
This thesis seeks to outline ways to enforce international law more effectively. Through the analysis of the current international legal framework and the different mechanisms created to enforce international law, it identifies why they are insufficient to enforce international law effectively, and it gives recommendations to ameliorate the way international law is currently enforced. This research focuses on the ongoing war in Ukraine as a case study, and provides specific examples of ways international law was grossly violated by Russia, a U.N. permanent Security Council member, in order to identify patterns in the non-enforcement of international law. To bridge the …
The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum,
2023
Penn State Law
The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk
Penn State Journal of Law & International Affairs
No abstract provided.
Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical,
2023
Penn State Law
Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie
Penn State Journal of Law & International Affairs
No abstract provided.
Semi-Presidentialism: A Pathway To Democratic Backslide,
2023
Penn State Law
Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee
Penn State Journal of Law & International Affairs
No abstract provided.
A Path For Cooperation Between Law Schools In China And The United States,
2023
Penn State Law
A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero
Penn State Journal of Law & International Affairs
No abstract provided.
Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective,
2023
Penn State Law
Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj
Penn State Journal of Law & International Affairs
No abstract provided.
The Jus Ad Bellum In Cyberspace: A New Framework,
2023
Penn State Law
The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner
Penn State Journal of Law & International Affairs
No abstract provided.
Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State,
2023
Penn State Law
Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell
Penn State Journal of Law & International Affairs
No abstract provided.
Foreword,
2023
Penn State Law
