International Law Commons^™

The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou

Theses and Dissertations

The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state …

"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies

Georgia Journal of International & Comparative Law

No abstract provided.

Conference: The 1972 Stockholm Declaration At Fifty: Reflecting On A Half-Century Of International Environmental Law / International Environmental Law At Its Semicentennial: The Stockholm Legacy / Hosted By The Dean Rusk International Law Center And The Georgia Journal Of International And Comparative Law On October 8, 2021 In Athens, Georgia And Online, Melissa J. Durkee

Georgia Journal of International & Comparative Law

No abstract provided.

The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham

Georgia Journal of International & Comparative Law

No abstract provided.

More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne

Georgia Journal of International & Comparative Law

No abstract provided.

Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul Mcdonough

Georgia Journal of International & Comparative Law

This Article studies how the adjudicative institutions created by the Inter-American Convention on Human Rights (ACHR) have worked to uphold the rights of persons with disabilities. It argues that those institutions, the Inter-American Commission on Human Rights (the Commission or IACHR) and the Inter-American Court of Human Rights (the Court or IACtHR), have begun to construct a regime of enforceable rights of persons with disabilities by applying international rules and interpretations to fill gaps in a relatively sparse Inter-American disability rights treaty framework. To buttress general principles of equality and non-discrimination with specific rights, the Commission and the Court have …

The Future Of The Habitual Residence Analysis In The United States Post-Monasky, Katherine A. Fleming

Buffalo Law Review

No abstract provided.

Combatting Global Sex Trafficking: The United Nations As A Powerless Entity Or An Untapped Resource?, Kimberly M. Lennox

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Currency Manipulation: The Tale Of Missed Jurisdiction And No Regulation, Thomas J. Crociata

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Artificial Intelligence/ Machine Learning-Based Medical Devices: Regulatory And Patentability Challenges, May Lee

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Keep The Local Control, Federalize Teacher Prep: Finland's Model Makes The Case For A Nationalized Teacher Certification Program, Audry E. Thompson

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

China's Foreign Investment Law: Moving Toward Greater Liberalization?, Xianjun Feng, Chuanhui Wang

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The International Law And Politics Of The Trump Administration's Iran Policy, Nedim Hogic

Penn State Journal of Law & International Affairs (2012 - Present)

Abstract: Donald Trump’s promise to lead an “America first” foreign policy captured the attention of both American and international legal scholars. This paper aims to join that debate by examining the international legal challenges of Trump administration’s policy towards Iran. It does so by examining two main approaches of the administration: the exercise of unilateral sanctions towards Iran and the negotiation strategy deployed by Donald Trump personally. In examining the former, the paper relies on doctrinal legal research. In examining the latter behavioral approach to international law and economics, I use a relatively novel approach borrowing insights from political psychology …

The Post-Pandemic Order: A Blueprint For Balancing Health And Ip Interests In The Age Of Covid Variants, Arjun Padmanabhan, Tanner J. Wadsworth

Penn State Journal of Law & International Affairs (2012 - Present)

In December 2021, the World Health Assembly (“WHA”) convened to develop a pandemic response treaty for future pandemics. Unfortunately, as presently envisioned, the resulting pandemic response framework will suffer from many of the same inadequacies that prevented existing frameworks from responding effectively to COVID-19. The threat of new pandemics emerging in the future—and new variants developing in the present—call for a more integrated, robust, comprehensive solution.

This Article lays a blueprint for that solution: a global multilateral Council empowered to (1) investigate developing pandemics; (2) incentivize pharmaceutical companies to rapidly-produce vaccines and share them through voluntary licenses or TRIPS compulsory …

23-2, 2022 Masthead

San Diego International Law Journal

No abstract provided.

How The U.S. Can Make Subject Matter Eligibility More Predictable And Free Artificial Intelligence Innovation, Kelley Sheehan

San Diego International Law Journal

This Article will begin by exploring the abilities of current A.I. technology, the effects of current law on innovation in the A.I. industry across different countries, how countries have dealt with the increasing applications in the field, the important applications of A.I., and how more predictable patentability might be achieved based on goals for the U.S. industry and modeling other countries.

A discussion of patent law treatment of A.I. in the U.S., China, and Japan sets the stage for how each country has adapted to attempt to address this growing industry. From there, solutions and suggestions will be made on …

Ireland’S Case Of Diminishing Returns: How Ireland’S Corporate Tax Policy Fails To Serve The Irish People And Their Democracy, Ronan Nelson

San Diego International Law Journal

This Comment starts by providing a historical overview of Irish corporate tax policy and the significant role it played in bringing the country up to economic strength with other economies in Western Europe. Then, it explains the current state of Ireland’s corporate tax code and explores influential legislation in the European Union and the United States governing their respective approaches to tax competition and tax harmonization. This is done to more clearly juxtapose the Irish government’s outdated, yet continuing maintenance of the country’s tax haven status with changes in international tax enforcement and corporate tax policy that further diminish the …

International Law, Corruption And The Rights Of Children In Africa, John Mukum Mbaku

San Diego International Law Journal

In adopting the African Charter on the Rights and Welfare of the Child (“African Child Charter”) on July 1, 1990, Africans, through the Organization of African Unity, officially recognized the need to guarantee the fundamental rights of all children. They also imposed obligations on all African States to recognize the rights, freedoms and duties enshrined in the African Child Charter and required States to take all necessary measures to give effect to these rights. To aid in the realization of these rights, each African State was expected to domesticate the African Child Charter and create rights that are justiciable in …

Comparing Social Media Content Regulation In The Us And The Eu: How The Us Can Move Forward With Section 230 To Bolster Social Media Users’ Freedom Of Expression, Trent Scheurman

San Diego International Law Journal

This Article will compare 47 U.S.C. § 230 (“Section 230”), the United States law governing civil claims that prevent social media companies from being treated like the publishers of their own users’ posts and the companies’ abilities to remove user posts, with the European Union’s (“EU”) equivalent governing law, the E-commerce Directive. The E-Commerce Directive will be used as an example of a governmental regulation that better prevents viewpoint discrimination, but at the cost of a lower standard of user expression. A lower standard of user expression means diminished rights in exercising free speech, as exemplified by the EU outlawing …

Signed, Sealed, & Undelivered: Unsuccessful Attempts Of Foreign Judgment Recognition Between The U.S. And China, Shun-Hsiang Chen

Brooklyn Journal of Corporate, Financial & Commercial Law

With the growth of international trade between the United States and China, the issue of not having a reciprocity system for recognition and enforcement of foreign judgments between the two countries has become increasingly more prevalent. Since ratifying the New York Convention, parties from both countries have primarily relied on arbitration to settle disputes. However, as trade continuously expands, the need for a reciprocal system for foreign judgments expands alongside it. This note addresses the history of the Hague conventions and the attempts to resolve foreign judgment recognition and enforcement on a multilateral scale. The note then continues discussing how …