International Law Commons^™

Rebalancing International Investment Law, Vera Korzun

Akron Law Faculty Publications

Several reform initiatives are currently ongoing seeking to cure international investment law from its inherent pro-investor bias. To achieve this goal, recent investment treaties contain enhanced provisions on the right to regulate and seek to increase investor compliance in such areas as environmental protection, sustainable development, and corporate social responsibility. Yet, how to reconcile the ongoing reform efforts at the international and regional levels seeking to create a new, rebalanced system of international investment law? How to achieve this proverbial system where interests of foreign investors are protected without encroaching on the rights of the host states? The answers to …

From Instagram To Infowar: The Weaponization Of Social Media And Its Consequences, Grayson Shade Walker

Emory International Law Review

No abstract provided.

Class Action Waivers In Arbitration Agreements: The Twenty-First Century Arbitration Battleground And Implications For The E.U. Countries, Linda S. Mullenix

Emory International Law Review

Without doubt the U.S. Supreme Court in the twenty-first century has been obsessed with the problem of corporate attorneys’ inclusion of class action waivers in arbitration agreements. This article traces the emergence of the class action waiver issue, which developed in tandem with the plaintiffs’ embrace and proliferation of class action litigation at the end of the twentieth century. The discussion comments on plaintiffs’ initial attempts to request and secure class arbitration where the arbitration clauses were silent, culminating in Supreme Court’s opinion permitting arbitrators to determine this issue. With the Court opening the door to possible classwide arbitration, corporate …

Dci Submission To The Brazil Ministry Of Economy On The Economic And Competitive Aspects Of Digital Platforms, Pinar Akman, Stephen Dnes, Keith N. Hylton, Bowman Heiden, Constance Hiatt, Nicolas Petit, Jennifer Pullen, Annika Stohr

Faculty Scholarship

In its comments on the ‘Economic and Competitive Aspects of Digital Platforms’ for the Brazil Ministry of Economy, the Dynamic Competition Initiative (DCI) suggests that law and policy initiatives towards digital platforms should (1) focus on curbing monopoly rents in bottleneck markets, and not undermine diversification efforts towards technological frontiers; (2) leverage the capability and flexibility of existing competition rules to address digital platforms anticompetitive conduct; and (3) properly credit the consumer welfare gains stemming from digital platforms ecosystems given the domestic economic context.

Sovereignty, International Law, And The Princely States Of Colonial South Asia By Priyasha Saksena (Oxford University Press 2023), Aryan Tulsyan, Prabhash Ranjan

National Law School Journal

Sovereignty, International Law, and the Princely States of Colonial South Asia by Priyasha Saksena is a significant academic intervention into understanding South Asia. The author maps how the various actors—the princely states, the British Crown, the East India Company (the company), and the anti-colonial nationalists—used international law, especially the vernacular of sovereignty, to advance their arguments and achieve their goals during the colonial struggle.

Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten

Fordham Journal of Corporate & Financial Law

In re Vitamin C Antitrust Litigation, recently decided by the Second Circuit, sets a grave precedent for American plaintiffs seeking redress for antitrust injuries wrought by foreign defendants. The case involved a group of Chinese manufacturers and exporters of vitamin C, who conspired to fix prices and restrict output in the export market, injuring American consumers in import commerce. The foreign manufacturers conceded that they had colluded in fixing prices and restricting output, in flagrant violation of U.S. antitrust law. And yet, with the assistance of the Chinese government—intervening as amicus curiae—the defendants were successfully able to argue, on appeal …

The Concept Of Legal Subject Competence In The Authority To Act On Marriage Law In Indonesia, Imelda Martinelli, F.X. Joko Priyono, Yunanto Yunanto

Indonesia Law Review

This article focuses on discussing legal politics related to one important issue which is very basic, namely regarding the criteria for the ability to act of a human being as a legal subject within the scope of civil law, especially marriage law regarding the minimum age limit for entering into a marriage, who come from backgrounds with different interests and ideologies, make this an issue that can be highlighted. So the problem in this paper becomes whether there is a concept regarding the legal subject's competence in the authority to act on marriage law in Indonesia that accommodates the law …

Guardians Of Innocence: Enhancing Legal Safeguards For Child Victims Of Sexual Violence In Indonesia, Aziz Andriansyah, Retno Saraswati, Irma Cahyaningtyas

Indonesia Law Review

Sexual violence against children is a crime that is quite disturbing and needs to get attention in society. The implementation of child protection must meet the requirements, among others, by implementing the development of truth, justice and child welfare. Based on the provisions in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The basic rights of children who need adequate protection include the right to live, the right to develop, the right to protection, the right to participate and the right to education. Efforts to prevent sexual abuse in children can also …

Reassessing Restorative Justice: Addressing Sexual Violence Cases In Indonesi, Ribut Hari Wibowo, Ahmad Busro, Ani Purwanti

Indonesia Law Review

This study examines”Restorative”Justice in the settlement of sexual violence crimes. The research method used in this study is normative juridical, using a statute approach. The aim of this research is to determine the effectiveness of Restorative Justice in resolving the problems of cases of sexual violence that have occurred in Indonesia. The results of this study include that Restorative Justice is not effectively applied to cases of sexual violence because it cannot fulfill”the principles of respect for human”dignity, nondiscrimination, the best interests of the victim, justice, benefit and legal certainty for the victim as stipulated in the Law, Constitution Number …

Fighting Against Copyright Infringement On Social Networks In Vietnam - From The Perspective Of Responsibilities Of Internet Service Providers, Phan Khoi Nguyen

Indonesia Law Review

The law on intellectual property in general and copyright, in particular, is a subject of increasing interest in today's society, particularly in the information and internet explosion era. To prevent infringement and effectively protect copyright in the online environment, Vietnam's copyright law contains numerous provisions, including regulations pertaining to service provider responsibilities. This article examines the international and domestic legal bases for the liability of social network service providers (a type of internet-based intermediary service) in the fight against harmful copyright violations by the users of the service. Thus, the authors will identify several deficiencies in the existing Vietnamese copyright …

Examining The Implementation Of Insurance Law And Policies: A Study Of Natural Disaster Risks, Policyholders, And Insurance Companies In Indonesia, Dotto Koyage Philipo, Daniel Lubowa

Indonesia Law Review

This study aims to investigate the implementation of insurance laws and policies in Indonesia in the context of natural disaster risks. The study will analyse the effectiveness of existing insurance regulations and their practical implications through a comprehensive analysis of relevant literature, legal frameworks, and empirical data. The study will employ a mixed-methods approach, combining qualitative data with policyholders and insurance professionals, as well as quantitative data analysis from insurance industry reports. The findings will contribute to a better understanding of the strengths and weaknesses of the current insurance framework, shedding light on potential areas for improvement. This study seeks …

Public Participation In The Constitution-Making Process: The Afghan Experiment, Shamshad Pasarlay

Brooklyn Journal of International Law

This Article explores the public participation process conducted during the drafting of Afghanistan’s 2004 Constitution. It examines scores of questionnaires, public comments, written submissions and minutes of town hall meetings that the framers used to gather public opinion and input. The Article highlights that the makers of the 2004 Constitution of Afghanistan designed and implemented an extensive public participation process, but public opinion did not have a real impact on constitutional outcomes. Instead, the content of the constitution was settled by the political elites whose agreement was needed for constitutional ratification. Drawing on this case study, the paper suggests that …

The Sword, The Shield, And The Jab: How Nato Can Bypass The Un And World Health Organization To Help Control And Prevent Future Pandemics, Aaron Earlywine

Brooklyn Journal of International Law

An autopsy of the world’s response to the COVID-19 pandemic reveals many preexisting conditions that only exacerbated the crisis. Chief among them are the failures and obfuscations of the World Health Organization (WHO). The WHO is sick with corruption, incompetence, or at very least riddled with dysfunction. This is not the first time the WHO has proven itself unable to meet the demands of global health initiatives, let alone global health crises. Not only is this dysfunctional organization proving itself to be a money-consuming abscess, but hostile powers, namely China, have used it to covertly wield influence and shield themselves …

The Gospel Of Federalism: How The Deification Of Political Ideology Impedes The United States’ Abortion Law Scheme, Nicole Jakobson

Brooklyn Journal of International Law

In 2022, the United States Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which ended the federal abortion protection established under Roe v. Wade. The Court reasoned that abortion restriction is properly regulated by state governments, and thus a federal abortion law scheme is unconstitutional. In substance, the Court was safeguarding the enduring political and legal principle of federalism. This Note draws a comparison between the United States’ treatment of federalism and foreign jurisdictions’ treatment of religion within the context of abortion. This Note argues that the United States’ preoccupation with federalism is analogous to appeals to religion in …

Freedom On Paper: Reforms To Women’S Rights In Saudi Arabia Will Not Be Effective Until Male Guardianship Is Abolished, Mackenzie Kramer

Brooklyn Journal of International Law

Male guardianship, a societal custom derived from Islamic law, renders women in Saudi Arabia second class citizens. The country’s preservation of male guardianship has broken its agreement to adhere to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the leading international women’s rights treaty. Throughout the past decade the country’s Crown Prince, Mohammed bin Salman al Saud (“MbS”), has issued rulings that work to slowly dismantle the apparatus of male guardianship. These developments have been both meaningful and restrained; MbS attempts to tread lightly into human rights reforms to garner the support of western allies, …

Enough Excuses On Drug Importation: A New Transnational Paradigm For Fda Regulation And Lower Us Drug Prices, Gabriel Levitt

Brooklyn Journal of International Law

The US Food and Drug Administration (FDA), which enforces drug safety laws, asserts that under most circumstances the importation of prescription drugs is illegal. Yet because of high drug prices in the United States, over the past couple of decades, tens of millions of Americans have imported prescription drugs for personal use. For many, this was their only way to afford them. A unique array of federal laws, regulations, and policies, including the de facto decriminalization of the practice of personal drug importation, have in effect permitted personal drug importation. The same exceptions, however, are not available for commercial drug …

Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs

Brooklyn Journal of International Law

The immutability of non-fungible tokens has made it an invaluable tool for asset ownership and authentication across a variety of industries. With the proliferation of NFTs comes the need to protect trademarks and prevent consumer confusion in the digital age. This Note explores the existing legal framework for trademark law in the United States and European Union. This Note argues for a new trademark standard that reflects the interconnected nature of a global digital society.

Status Hukum Crew Interactive Mobile Companion (Cimon) Sebagai Kecerdasan Buatan Dalam Misi Luar Angkasa Di International Space Station (Iss) Berdasarkan Hukum Ruang Angkasa, Mochamad Rizcky Patria Putra, Irawati Handayani

Jurnal Hukum & Pembangunan

Humans require assistance to support the tasks assigned to them to achieve the predetermined success in a space mission. Consequently, humans have developed artificial intelligence technology. One of the AI technologies utilized is the Crew Interactive Mobile Companion (CIMON), which results from collaboration between several space agencies and organizations, both government and private. Based on space law regulations, CIMON AI raises questions as it serves two main functions in space law: as an astronaut with a legal personality and as an object launched into space. This study aims to examine the legal status of CIMON AI in space law and …

Perlindungan Hukum Irregular Migrant Workers Indonesia Dalam Prespektif Hak Asasi Manusia, Hana Nur Efsari

Jurnal Hukum & Pembangunan

The increase in migrant workers is also accompanied by an increase in various violations of the human rights of migrant workers. Problems of human rights violations are becoming more serious for Irregular Migrant Workers, hence the need for appropriate measures to ensure the protection of their human rights. As an international entity, states are burdened with full rights and responsibilities in protecting, upholding and fulfilling the human rights of precarious migrant workers. Although in Law no. 18 of 2017 concerning the Protection of Migrant Workers does not accommodate non-permanent migrant workers, but they are still individuals whose rights are protected …

Putin Skirts The Icc: The Invasion Of Ukraine And The Symbolic Power Of International Law, Corbin Gregg

Cardozo International & Comparative Law Review (CICLR) Blog

Much can be said about the role of international law in shaping the behavior of states and leaders. Often maligned, international organizations face criticism from those who wish to see them do more: punish human rights violations, sanction aggressive state actors, and prevent wars of aggression. While these are overall purported goals of international organizations, the way they attempt to effectuate change is sometimes unclear. Nowhere is this more true than the way the international organizations have reacted to the Russian invasion of Ukraine.

This post was originally published on the Cardozo International & Comparative Law Review on December 26, …