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Masthead, 2023 UC Law SF

Masthead

Hastings International and Comparative Law Review

No abstract provided.


From The Editor-In-Chief, Monica Ratajczak 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?, Ilias Bantekas 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 2023 UC Law SF

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, Connor Stanford Moldo 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, Habib Khan 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, Jennifer OWEN 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, Asen Velinov 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, Jacob Walker 2023 University of Washington School of Law

Foreword, Jacob Walker

Washington International Law Journal

No abstract provided.


Rights-Based Boundaries Of Unilateral Sanctions, Seyed Mohsen Rowhani 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, Kate Moyer 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, Luana M. Denegre 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, Karina Virk 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, Talia Danielle Sturkie 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, Connor McAfee 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, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero 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, Ylli Dautaj 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, M. Walker Brunner 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, Angela A. Allen-Bell 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

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.


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