International Law Commons^™

Japanese Government Actions Against Covid-19 Under The Directives Of Constitutional And Administrative Law, Yuichiro Tsuji

Cardozo International & Comparative Law Review

This paper presents law on the State ofEmergency held jointly on June 16, 2020, by the Asian Law Center of Melbourne University and School of Law, and Vietnam National University, Hanoi.

This paper further elucidates the actions of the Japanese government against COVID-19 during the first five months of 2020. On May 25, 2020, the government fied the emergency declaration passed under the amended Art. 49(2) of the amended Influenza Special Measures Act (ISMA).

This paper argues that the effects of the Japanese government action is not unique, but is instead similar to those of other countries. In 2012, the …

Coups, Constitutional Democracy, And The Rule Of Law: Why Africans Must Care, John Mukum Mbaku

Cardozo International & Comparative Law Review

The rule of law is the foundation and cornerstone of any legitimate democratic State. The rule of law, at its minimum, requires that the State subject the people and itself to publicly promulgated laws. In addition, the State's legislative function must be made separate from its adjudicative one and the law must be supreme, meaning that all citizens, including those who hold important positions in government, are subject to the law. The rule of law is so important to the practice of democracy that it is virtually impossible to have a constitutional government without it. Adherence to the rule of …

Escape From Plurality: Why The Best Interest Of The Child Is At Risk, Nicole Wren Friedlander

Cardozo International & Comparative Law Review

The note argues that the best interest of children in polygamous marriages is at risk due to the lack of legal protections in the United States. It highlights the financial and emotional vulnerabilities faced by women and children when polygamous unions dissolve, emphasizing the need for legal reforms to ensure equitable asset distribution and custody arrangements.

Should They Stay, Or Should They Go? Statue Politics In Shifting Societies: The Permissibility Of Peacetime Removal, Alteration And Destruction Of Problematic Political Monuments In The United States, Adrienne Liebenberg Nel

Cardozo International & Comparative Law Review

The note argues that Confederate monuments in the U.S. are often protected by outdated preservationist laws that hinder efforts to remove or alter them, despite their association with systemic racism and oppression. It advocates for legal reform to allow local governments to address these problematic symbols, drawing on international examples and emphasizing the need for a balanced approach that respects history while promoting inclusivity.

Time For Change: How Google's Anticompetitive Conduct Reveals The Deficiencies Of Modern Antitrust Regulation, Benjamin Clay Hughes

Cardozo International & Comparative Law Review

The note examines the divergent approaches of U.S. and EU antitrust regulations in addressing anticompetitive conduct by tech giants, such as Microsoft and Google. It highlights how the EU has adopted a more aggressive and proactive stance in enforcing antitrust laws, whereas the U.S. has taken a more cautious approach. The analysis underscores the challenges of regulating digital platforms and the need for streamlined procedures to address anticompetitive practices effectively.

Africa’S Participation In International Economic Law In The 21st Century: An Introduction, Olabisi D. Akinkugbe, Ohio Omiunu, Amaka Vanni, Regis Y. Simo, Luwam Dirar

Articles, Book Chapters, & Popular Press

This is the introduction to the Manchester Journal of International Economic Law Symposium Issue based on selected papers presented at the Fourth Biennial Conference of the African International Economic Law Network at Strathmore Law School, Nairobi, Kenya in July 2019. The introduction also reflects on four important spaces for the consolidation of the scholarship, teaching and research, practice and policy relating to international economic law in Africa.

Introduction To The Inaugural Issue Of The African Journal Of International Economic Law, James Thuo Gathii, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

Welcome to the inaugural issue of the African Journal of International Economic Law(AfJIEL) Our goal is to fill a gap in journals covering international economic law relating to Africa and the Global South This first issue fulfills our promise to launch the AfJIEL as announced at the 2019 African International Economic Law Network conference in Nairobi

It Is Time To Get Back To Basics On The Border, Donna Coltharp

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Us-China Trade War: A Way Out?, Weihuan Zhou, Henry Gao

Research Collection Yong Pung How School Of Law

Recently, a group of eminent Chinese/US economists and legal scholars issued a thought-provoking Joint Statement on ‘US–China Trade Relations: A Way Forward’. However, the Joint Statement does not provide practical solutions to the real issues in the bilateral negotiations. Moreover, by granting excessive policy space to the two largest trading nations, it would encourage them to further deviate from WTO rules and undermine the multilateral trading system. Drawing on the Theory of Distortions and Welfare, we put forward an alternative framework for the parties to tackle protectionist and trade distortive policy instruments while leaving sufficient policy space for them to …

With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace

BYU Law Review

No abstract provided.

Legal Regulation Of International Cooperation In Criminal Matters On The Legislation Of The East Asian Countries, Dildora Umarkhanova

Review of law sciences

This article analyzes the legal framework and the mechanism of regulation of international cooperation in criminal matters on the legislation of the East Asian countries. In particular, studied the national legislation of the Japan, China and South Korea. Moreover, the author also put forward proposals of necessity and importance of the regional mechanism in the implementation of international cooperation in criminal matters. In addition, based on the experience of East Asian countries, it is proposed to adopt a special law of the Republic of Uzbekistan “International cooperation in criminal matters”.

International Experience In Regulating And Organizing Investigations By International Investigative Teams., Dilshod Egamberdiyev

Review of law sciences

In recent years, the international community has developed and opened for signature a number of international agreements regulating international cooperation in the fight against crime. Along with the legal regulation of traditional legal institutions, such as mutual legal assistance in criminal matters, these instruments provide an international legal framework for new areas of cooperation in this field. One of them is the operational-investigative group or the international investigation team. The organization of such types of investigations and joint activities of States is one of the most effective forms of interaction between investigators, investigative bodies and law enforcement agencies, as well …

Some Questions Of Application Of The Rules Of International Jurisdiction, Jahongir Allayorov

Review of law sciences

This article examines some issues related to the application of private international law. Applying the rules of national jurisdiction to the rules of private international law does not justify itself from a legal point of view. The article analyzes the norms of private international law and civil procedure law, problems and ways to solve them in this area.

Legal Cooperation Of Cis Countries In The Fight Against Illegal Traffic Drug, Djamaliddin Musaev

Review of law sciences

This article examines the international legal cooperation of the member states of the Commonwealth of Independent States in the fight against drug trafficking. The article analyzes the work to create effective regional international legal mechanisms to combat the illegal distribution of drugs, among which the interaction of states in the framework of the Commonwealth of Independent States occupies a special place. The experience of bilateral and regional cooperation of states in the fight against drug trafficking, analysis of the legal basis of cooperation in states within the framework of the Commonwealth of Independent States was studied. The author focuses on …

Special Rules Of Attribution Of Conduct In International Law, Marko Milanovic

International Law Studies

Are there are any special rules of attribution in international law? Are there, in other words, imputational rules that are not recognized as such in general international law, but are specific to particular branches of international law? This is the first article to systematically analyze the notion of special rules of attribution in international law. In particular, it searches for such rules in international humanitarian law, the law on the use of force, and European human rights law.

The article argues that, to the extent special rules of attribution exist, they are rare and never uncontroversial. In most situations, putative …

Ilsa Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams

Law Faculty Briefs and Court Documents

The Public International Law & Policy Group (“PILPG”) offers the following amicus curiae observations pursuant to the Decision No. ICC-01/04-02/06-2569. PILPG is willing to appear before the Court if it would assist. Prof. Paul R. Williams, Dean Michael P. Scharf, Prof. Milena Sterio, Dr. Brianne McGonigle Leyh, Dr. Julie Fraser, Jonathan Worboys, Eian Katz, Raghavi Viswanath, Nicole Carle, Alexandra Koch, Isabela Karibjanian, and Olivia Wang contributed to these observations.

Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko

Genocide Studies and Prevention: An International Journal

Peru’s national health program Programa de Salud Reproductiva y Planificación Familiar (PSRPF) aimed to uphold women’s reproductive rights and address the scarcity in maternity related services. Despite these objectives, during PSRPF’s implementation the respect for women’s rights were undermined with the forced sterilization of women predominantly of indigenous, poor, and rural backgrounds. This study considers the forced sterilization of indigenous women as a genocide. Making the case for genocide has not been done previously with this particular case. Using the normative markers of the Genocide Convention, this study categorically sets forced sterilization victims from the state-led-policy as victims of genocide, …