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Masthead, 2023 UC Law SF

Masthead

UC Law SF International Law Review

No abstract provided.


From The Editor-In-Chief, Monica Ratajczak 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?, Ilias Bantekas 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 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

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, Connor Stanford Moldo 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, Martin Kwan 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, Carlos Iván Gorrín Peralta 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, 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 …


Reparation For The Irreparable: Is Punishing International Crimes A Universalist Hoax?, Kholoud Hafez Hassan 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, Shigeki Sakamoto 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, James Owsley Boyd 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, Dr. Gerry Nagtzaam 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, Maya J. Williams 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), Prof. Tomasz G. Smolinski 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, Journal of International & Comparative Law, Notre Dame Law School 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, Journal of International & Comparative Law, Notre Dame Law School 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, Michael Klein 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, Mark I. Labaton 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, Sarah A. Johns 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, Mike Kowalski 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.


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