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Cross-Examination Of Witnesses In Chinese Criminal Courts: Theoretical Debates, Practical Barriers, And Potential Solutions, Zhiyuan Guo 2022 China University of Political Science and Law

Cross-Examination Of Witnesses In Chinese Criminal Courts: Theoretical Debates, Practical Barriers, And Potential Solutions, Zhiyuan Guo

Vanderbilt Journal of Transnational Law

Questioning witnesses is essential for both fact-finding and ensuring the defendant's right to confrontation in criminal trials. Part I introduces the recently released judicial interpretation on the Application of Criminal Procedure Law by China's Supreme Court as a background for discussion of this Article. In Part II, the author sets the stage by arguing that resolution of questions concerning examination and cross-examination of witnesses is essential to the effective achievement of China's trial-centered criminal procedure law reform. In Part III, a historical review is given of the academic debate on the questioning of witnesses in Chinese criminal courts. Part IV …


Criminal Justice Is Local: Why States Disregard Universal Jurisdiction For Human Rights Abuses, Jeremy A. Rabkin, Craig S. Lerner 2022 George Mason University

Criminal Justice Is Local: Why States Disregard Universal Jurisdiction For Human Rights Abuses, Jeremy A. Rabkin, Craig S. Lerner

Vanderbilt Journal of Transnational Law

A German court recently convicted a minor Syrian official of abuses committed in Syria's civil war. The case was announced with fanfare but has since stirred no interest. Nor should this be surprising. The world has been here before. There was intense excitement in 1998, when British authorities arrested Augusto Pinochet, the former president of Chile, for human rights abuses committed in Chile. It was taken at the time as vindicating the doctrine that the worst human rights abuses fall under "universal jurisdiction," allowing any state to prosecute, even for crimes against foreign nationals on foreign territory. As generally acknowledged …


This Content Is Unavailable In Your Geographic Region: The United States' And The European Union's Implementation Of Anti-Circumvention Measures, Kyle Berry 2022 Vanderbilt School of Law

This Content Is Unavailable In Your Geographic Region: The United States' And The European Union's Implementation Of Anti-Circumvention Measures, Kyle Berry

Vanderbilt Journal of Transnational Law

Recently, people streaming movies and TV shows have begun to use virtual private networks (VPNs) to access content that streaming services restrict to certain geographic regions. Because of the ambiguity in international law and the implementation of the World Intellectual Property Organization (WIPO) Copyright Treaty, domestic law fails to offer streaming services a recourse to sue foreign VPN users. The WIPO Copyright Treaty established an anti-circumvention provision that would seem to apply to using VPNs to stream from other countries. But because of the provision's ambiguity, many of the WIPO Copyright Treaty member countries have adopted different standards. This problem …


Nonparty Jurisdiction, Aaron D. Simowitz, Linda J. Silberman 2022 Willamette University College of Law

Nonparty Jurisdiction, Aaron D. Simowitz, Linda J. Silberman

Vanderbilt Journal of Transnational Law

The Supreme Court's recent decisions on personal jurisdiction, including its 2021 decision in Ford Motor Co. v. Montana Eighth Judicial District Court, have all focused on the adjudication of plenary claims. In seven years, the Court has decided six major cases on personal jurisdiction in that context. However, these precedents also appear to guide lower courts in areas outside the traditional focus of personal jurisdiction doctrine but where personal jurisdiction is nonetheless necessary. For example, a court must have personal jurisdiction over a nonparty witness in order to compel the witness to testify or to produce documents. A court must …


Money Finds A Way: Increasing Aml Regulation Garners Diminishing Returns And Increases Demand For Dark Financing, Jacquelyn B. Lewis 2022 Vanderbilt School of Law

Money Finds A Way: Increasing Aml Regulation Garners Diminishing Returns And Increases Demand For Dark Financing, Jacquelyn B. Lewis

Vanderbilt Journal of Transnational Law

The cost of anti-money laundering regulations has grown to many billions of dollars, and countries worldwide are increasingly complying with international standards for financial regulation. Yet, the interception rate for criminal proceeds remains under 1 percent. Banks in the United States, United Kingdom, and France continue to engage in unsafe practices, undeterred by legal penalties. Recent US legislation will narrow, but not eliminate, regulatory gaps. The cost of regulation has become so great that banks accept litigation as a cost of doing business or reduce legal exposure by ending relationships in areas of perceived high risk for money laundering; this …


Mapping Sustainable Development In Investment Treaties: An Analysis Of Asean States' Practice, Mark MCLAUGHLIN 2022 Singapore Management University

Mapping Sustainable Development In Investment Treaties: An Analysis Of Asean States' Practice, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

The interaction between sustainable development and international investment treaties is of growing concern. Could investment protection stymie health regulation? Will States be sued for introducing measures to tackle climate change? A growing body of sustainability-related case law is evidence that arbitral tribunals balance investment obligations against States’ ability to regulate for national security, health, the environment, labour rights, transparency, and corporate social responsibility. Against this background, this paper maps sustainable development issues in 371 bilateral investment treaties (hereinafter “BITs”) concluded by the Association of Southeast Asian Nations (ASEAN) States. It finds that only 26% of these treaties make any reference …


An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell 2022 Loyola University Chicago, School of Law

An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell

Center for the Human Rights of Children

The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …


Is Popia Bad Business For South Africa? Comparing The Gdpr To Popia And Analyzing Popia’S Impact On Businesses In South Africa, Brea Jones 2022 Penn State Dickinson Law

Is Popia Bad Business For South Africa? Comparing The Gdpr To Popia And Analyzing Popia’S Impact On Businesses In South Africa, Brea Jones

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

No abstract provided.


The Road To Independence: Historical Background, Legality, And Legitimacy Of The Proposed Secession Of The Bosnian Serbs From Bosnia And Herzegovina, Paul Pepi 2022 Penn State Dickinson Law

The Road To Independence: Historical Background, Legality, And Legitimacy Of The Proposed Secession Of The Bosnian Serbs From Bosnia And Herzegovina, Paul Pepi

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

No abstract provided.


Programming A Fair Use: The Limitations Of Judicial Precedent, Patrick Misale 2022 Penn State Dickinson Law

Programming A Fair Use: The Limitations Of Judicial Precedent, Patrick Misale

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

No abstract provided.


Neutrality, Accommodation, Or Compromise: Comparing The Effectiveness Of Three Approaches Towards Protecting Religious Freedom, Beth Anne Patterson 2022 Penn State Dickinson Law

Neutrality, Accommodation, Or Compromise: Comparing The Effectiveness Of Three Approaches Towards Protecting Religious Freedom, Beth Anne Patterson

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

No abstract provided.


How Uber’S Regulatory Success In The United States Slowed Its International Expansion, Grace A. Canfield 2022 Penn State Dickinson Law

How Uber’S Regulatory Success In The United States Slowed Its International Expansion, Grace A. Canfield

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

No abstract provided.


Aboriginal Transboundary Passage Rights On Connected United States Watercourses: From Canada To Mexico, Indigenous North American Reconciliation, Christopher Mark Macneill 2022 Penn State Dickinson Law

Aboriginal Transboundary Passage Rights On Connected United States Watercourses: From Canada To Mexico, Indigenous North American Reconciliation, Christopher Mark Macneill

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

No abstract provided.


Not So Respectful Consideration: The U.S. Supreme Court’S Deference Or Lack Thereof To Foreign Government Statements Of Law, Cindy G. Buys 2022 Southern Illinois University of Law

Not So Respectful Consideration: The U.S. Supreme Court’S Deference Or Lack Thereof To Foreign Government Statements Of Law, Cindy G. Buys

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

The amount of deference due foreign governments’ statements regarding the meaning of foreign law has long plagued U.S. courts. Courts have applied a variety of approaches in answering this question, including reliance on doctrines of international comity, respectful consideration, and Rule 44.1 of the Federal Rules of Civil Procedure. The U.S. Supreme Court recently attempted to provide additional guidance to lower courts and litigants in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., Ltd., where it created a new, five-factor test. However, application of this new test is likely to generate continued uncertainty and inconsistency in this area of …


China’S Defense Of Its Human Rights Policies, Daniel C.K Chow 2022 Yale University

China’S Defense Of Its Human Rights Policies, Daniel C.K Chow

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

No abstract provided.


Table Of Contents, 2022 Penn State Dickinson Law

Table Of Contents

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

No abstract provided.


Dedication, 2022 Penn State Dickinson Law

Dedication

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

No abstract provided.


Foreward, 2022 Penn State Dickinson Law

Foreward

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

No abstract provided.


The Corporate-Consumer Power Dynamic Operating Behind The International Intellectual Property Regime: An Intractable Development Model With Uneven Results, Jefferson T. Stamp 2022 University of San Diego

The Corporate-Consumer Power Dynamic Operating Behind The International Intellectual Property Regime: An Intractable Development Model With Uneven Results, Jefferson T. Stamp

San Diego International Law Journal

The corporate-consumer power dynamic operating behind the international intellectual property regime has created a development model that perpetuates the hegemonic power of corporate elites and their governmental agents at the expense of developing nations. The inequity of the regime seems to be rooted in the paradoxical delegation of exclusive intellectual property rights to private corporate interests who dispense knowledge as a global public good. However, the inequality actually begins with the inception of knowledge itself and is the consequence of natural exclusivity over one’s own thoughts and creations, including how those ideas are conveyed to the public sphere. The freedom …


23-1, 2022 Masthead, 2022 University of San Diego

23-1, 2022 Masthead

San Diego International Law Journal

No abstract provided.


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