International Law Commons^™

Easing The Burdens Of A Patchwork Approach To Data Privacy Regulation In Favor Of A Singular Comprehensive International Solution—The International Data Privacy Agreement, Scott Resnick

Brooklyn Journal of International Law

Data privacy has become one of the premier hot-button issues in today’s increasingly digital human experience. Legislatures around the globe have attempted to act swiftly in an effort to safeguard the highly coveted personal information of their citizens and combat misuse at the hands of international businesses operating with an online presence. Since the European Union’s enactment of the General Data Protection Regulation (GDPR) in 2018, countries around the globe have been grappling with how best to replicate the EU’s leading data privacy regulation while providing the same or greater level of transparency into data collection practices. While a mere …

The Revolution Of The Commercial Space Industry: Why Current Laws Must Be Replaced Before American Business Expands To The Moon And Beyond, Drew M. Fryhoff

Brooklyn Journal of Corporate, Financial & Commercial Law

Space, the final frontier. Resting at the rim of the Earth, an endless void full of opportunity awaits those who are willing to take a leap of faith. Historically, only national space programs have been capable of orchestrating expeditions to outer space. However, American aerospace companies now rival governmental entities in their abilities to operate beyond the Earth’s atmosphere. State-of-the-art developments in aerospace technology have positioned the American commercial space sector to become more productive than national space programs in the years to come. Unfortunately, the potential of the American commercial space sector is severely hindered under the Treaty on …

Enforcing U.S. Foreign Policy By Imposing Unilateral Secondary Sanctions: Is Might Right In Public International Law?, Patrick C.R. Terry

Washington International Law Journal

Following the United States’ unilateral withdrawal from the agreement between the five permanent UN Security Council members, the European Union, Germany, and Iran, that intends to stop Iran from acquiring nuclear weapons, the United States has re-imposed and tightened its sanctions against Iran. The United States’ renunciation of the agreement, despite the agreement’s UN Security Council approval and verified Iranian compliance, arguably violated international law. Nevertheless, the United States is attempting to compel the other state parties (and others) to follow its policy on Iran by threatening those states’ companies and business executives with economic or even criminal sanctions to …

Guns-For-Hire: Chinese Mercenaries On The 21st Century Silk Road, Carl H. Peterson Iv

Washington International Law Journal

There has been an increased global use of private military contractors (PMCs) since the large-scale American use of them in the wars in Afghanistan and Iraq. This has included an increase in Russian and now Chinese PMCs. As China continues to develop its Belt and Road Initiative (BRI), it is likely that the world will see an increase in the number of Chinese PMCs used to protect these projects. In this event it is important to bring Chinese PMCs into the PMC industry’s most effective private regulatory bodies, as these bodies are often more effective at ensuring ethical PMC conduct …

22-1, 2020 Masthead

San Diego International Law Journal

No abstract provided.

China’S Bri In Central Eastern European Countries: “17+1” Connectivity, Divisiveness, Or Pathway To Eu-China Fta?, Ronald C. Brown

San Diego International Law Journal

China’s Belt and Road Initiative (BRI) continues to embrace and connect China with European Union (EU) Member countries; the latest in 2019 with Italy, a G-7 member, also joining. EU members participating in the BRI include Poland, Greece, Italy, Hungary, Czechoslovakia, Croatia, Bulgaria, Latvia, Portugal, Romania, and Slovakia. While Germany and France lead the EU in trade and investment with China, political winds may be blowing. The EU has noticed that the seventeen Central and Eastern European countries (CEEC) under the “17+1” format, a majority of which are EU members, are capturing greater amounts of Chinese trade under their BRI …

Re-Conceptualizing The International Human Right To Health: An Analysis Of The Trends In Developing And Developed Countries’ Responses To Substance Use Disorders, Leonard Mukosi

San Diego International Law Journal

This Article juxtaposes addiction paradigms seen in the United States of America and Zimbabwe, two countries with diametrically dissimilar political, economic, and social systems. Thus, an insight is provided by this Article into how developing and developed countries are transitioning from punitive to curative approaches in addressing the problem of drug addiction. Positing that addiction is a health condition, this Article recognizes the optimum realization of the addict’s right to health is best met if the required international standards of health are implemented nationally to insure, treat, and evaluate addiction like other chronic illnesses.

Drug addiction is a brain disease …

Designing A Standard Assets Registration System To Reduce Corruption In Afghanistan: What Afghanistan Can Learn From Examining Model Assets Declaration Systems, Zalmay Mallyar

San Diego International Law Journal

Corruption in Afghanistan has emerged as one the greatest challenges to strengthening national and subnational governance and rebuilding a transparent and accountable system public services. One way that corrupt actors in Afghanistan have perpetuated corrupt practices is through hiding assets. Currently, Afghanistan has no specific mechanism or system for implementing or overseeing the declaration of assets—even though it has committed to creating an assets declaration criteria system as a means to fight corruption under Article 154 of the Afghan Constitution, Article 12 of the Anti-Corruption Strategy act, and various international treaties. This paper recommends that that Afghanistan seek to create …

Refocusing The United States’ Perspective Of China And The South China Sea, Gaaret Marinelli

San Diego International Law Journal

There is a shift in world power that can be felt by world leaders and ordinary citizens alike, and its movement will realign the rest of the world. Since its rise to a great world power after World War II, the United States has maintained its position as the world’s predominant leader, both militarily and economically. However, this dominance is threatened by a formidable challenger. A rapidly ascending China is challenging the United States’ military and economic power, but the United States is not adequately positioned to meet this challenge. Some scholars theorize that China and the United States are …

The Costs Of Squadding Up: Determining The Employment Status Of High-Profile Esports Streamers, Chandler Martin

San Diego International Law Journal

This Comment focuses on the employment relationship of esports competitors signed to high profile teams. Specifically, players who are signed to an esports clan and stream their content live. Section II provides general background about esports, focusing on its rise and structure. This section also outlines some additional, common issues facing players. Next, it looks at South Korea’s esports industry and the steps their government has taken to protect esports players. Lastly, the section concludes with a rationale on why further analysis into the employment status of content creators signed to a clan adds to the existing literature.

Section III …

Remedies For United States-Mexico Cross-Border Incidents, Sebastian A. Navarro

San Diego International Law Journal

Countries that share borders inevitably encounter issues with each other. The United States and Mexico, however, face a uniquely complicated issue: United States federal officers standing in United States territory have shot and killed individuals standing in Mexican territory, generating much tension between the United States and Mexico. Some believe that a remedy for cross-border incidents is best addressed through litigation in United States federal courts, particularly through common law causes of action that afford monetary compensation based on claims of constitutional violations. This issue was recently addressed in part by the United States Supreme Court.

Nonetheless, there are numerous …

Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica

Pace International Law Review

This article addresses the complex issue of plastic pollution—focusing on ocean plastics. Specifically, this article examines the ocean plastics problem, critiques current binding and non-binding international environmental law surrounding ocean plastics, hazardous wastes, and pollution, and proposes a more effective solution to the ocean plastics problem. Section I provides a basic history of the creation of plastics and discusses plastics as they are used today. Section II considers the concerns surrounding ocean plastics, focusing on impacts of plastic on marine ecosystems as well as human health effects. Section III, IV, and V discuss the ongoing attempts to address the ocean …

Right To Health In Gats: Can The Public Health Exception Pave The Way For Complementarity?, Swati Gola

Pace International Law Review

This paper demonstrates how a right to health approach in the interpretation of the public health exception outlined in GATS Article XIV(b) can bring about a harmonious application of international human rights and international trade law regimes. Focusing on the interpretive value of the right to health for the public health exception in GATS, it examines whether a WTO Member, who has committed itself under GATS to fully liberalize all service sectors that have implications for health (e.g., hospital and other healthcare services), still retains the regulatory space to undertake measures to fulfill their right to health obligations and can …

An Australian Conundrum: Genomic Technology, Data, And The Covidsafe App, David Morrison, Patrick T. Quirk

Pace International Law Review

This paper examines the difficulties that have arisen in Australia in the use of its contact-tracing app. We examine the privacy implications around the use of the app, the wider economic imperative, and the balancing of those concerns against the health threat of the COVID-19 pandemic. We posit that default options are superior in times of emergency and rather than begging for the adoption of lifesaving technology, we suggest that the evidence gathered by behavioral economists provides an apposite and powerful alternative worthy of consideration.

The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas

Pace International Law Review

The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …

Compulsory Licensing Of Climate Engineering Patents: How Embracing Technology- And Research-Sharing Strategies Brings Us One Step Closer To Solving Climate Change, Buzz Hardin

Arkansas Law Review

The impact of climate change spans the globe and includes increasingly severe and dangerous climate events, including coastal flooding, extreme heat and wildfires, reduced crop yield, and decreased food security. In the United States, if the proper steps toward mitigating or reversing the effects of climate change are not taken, it is very likely that the United States will experience substantial damage to its economy, the health of its citizens, and the environment. In response to the challenges presented by climate change, the number of inventions in the field of climate engineering, or “geoengineering,” has skyrocketed over the past several …

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental, & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing …

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

Common Article 1 And The Duty To "Ensure Respect", Michael N. Schmitt, Sean Watts

International Law Studies

Common Article 1 to the four 1949 Geneva Conventions requires Parties to those instruments to “respect and to ensure respect for the present Convention in all circumstances.” The provision is a corollary to the general international legal obligation of States to honor their treaty commitments, expressed classically in the maxim pacta sunt servanda.

Yet, academics and private organizations now use Common Article 1 as a vehicle to reimagine States’ enforcement obligations under the Geneva Conventions. Reinterpreting the article beyond its original meaning, they claim the article includes an “external” obligation—a duty on the part of all States to use …

Chevron Abroad, Kent Barnett, Lindsey Vinson

Notre Dame Law Review

This Article presents our comparative findings of how courts in five other countries review agency statutory interpretation. These comparisons permit us to understand and participate better in current debates about the increasingly controversial Chevron doctrine in American law, whereby courts defer to reasonable agency interpretations of statutes that an agency administers. Those debates concern, among other things, Chevron’s purported inevitability, functioning, and normative propriety. Our inquiry into judicial review in Germany, Italy, the United Kingdom, Canada, and Australia provides useful and unexpected findings. Chevron, contrary to some scholars’ views, is not inevitable because only one of these countries …