Domestic Law Responses To Transnational Cyberattacks And Other Online Harms: Internet Dreams Turned To Internet Nightmares And Back Again,
2020
University of Leeds, United Kingdom
Domestic Law Responses To Transnational Cyberattacks And Other Online Harms: Internet Dreams Turned To Internet Nightmares And Back Again, Clive Walker, Ummi Hani Binti Masood
Notre Dame Journal of International & Comparative Law
Since its utilization has become widespread, the potential of the Internet has often been overshadowed by the harms it’s capable of bringing upon society. Regulation has not yet properly addressed the harms presented to individuals’ cybersecurity and the U.K. has focused and set objectives at a national security level, while ignoring the effects of attacks on individual citizens. This Article considers whether it is possible to create a domestic legal response to transnational cyberattacks and the appropriateness of law to address the threats, as they exist. The law must be efficient, effective, and fair, which are all aims it may …
Neutrality In The Modern World: Internet Regulation's Impact On Economics And Society,
2020
University of Notre Dame Law School
Neutrality In The Modern World: Internet Regulation's Impact On Economics And Society, Sarah Deagostino
Notre Dame Journal of International & Comparative Law
In the United States, net neutrality laws prevented service providers from restricting open access to the Internet. In 2017, these laws were repealed and consumers became concerned that Internet providers would take advantage of them through blocking, throttling, and paid prioritization. The trend in the United States, from the rise of the telephone and wire transfer to the rise of the Internet, was toward facilitating access to the Internet for all citizens. This is intended to result in economic advantages for the country, and aid in the development of broadband Internet. Open access to the Internet was regarded as providing …
It’S Time To Turn On The Lights: The Necessary Steps For The Rural Electrification Of Sub-Saharan Africa,
2020
University of Notre Dame Law School
It’S Time To Turn On The Lights: The Necessary Steps For The Rural Electrification Of Sub-Saharan Africa, John Morris
Notre Dame Journal of International & Comparative Law
While each country in Africa is in a different state of electrification, this Note focuses on the nations of Tanzania and Kenya. Comparatively, in the First World, power generation was a gradual and non-linear process that was slow to perfect. This Note argues that the lack of rural electrification in sub-Saharan Africa will continue without a confluence of investment, support, and regulation. Renewable energy sources (such as solar, wind, and geothermal) seem promising, but none are without their own limitations. The use of mini-grids will play an important role in electricity access for sub-Saharan Africa. This Note advocates that the …
O Tell Me The Truth About Bail-In: Theory And Practice,
2020
Pepperdine University
O Tell Me The Truth About Bail-In: Theory And Practice, Marco Ventoruzzo, Giulio Sandrelli
The Journal of Business, Entrepreneurship & the Law
In this perspective, the purpose of this Article is to analyze the functioning of the European regulatory framework for the crisis of credit institutions in the light of its early applications, and with a special focus on the bail-in tool. We investigate how the new resolution mechanisms—rooted in the principle of private sector involvement in banking restructurings—have interplayed with (and tried to re-shape) legal and institutional contexts still characterized by an attitude to bail-out rescues and by non-harmonized national insolvency legislations.
Human Rights Incorporated, Not Everyone Agrees,
2020
Pepperdine University
Human Rights Incorporated, Not Everyone Agrees, Dana Johnston
The Journal of Business, Entrepreneurship & the Law
There is a massive gap between the operations of businesses and the fundamental human rights of the workers and people impacted by the businesses. This has become apparent in the multiple major cases of abuse that have occurred in recent history. Businesses should be looking to hold their operations to high human rights requirements. Companies should be required to respect all human rights and not pick and choose which rights to deal with or which rights are easy for them to handle. Businesses have the ability to negatively or positively impact all human rights issues including, health and safety, freedom …
Lessons Learned: Edwin (Ted) Truman,
2020
Yale University
Lessons Learned: Edwin (Ted) Truman, Yasemin Sim Esmen
Journal of Financial Crises
Insights on fighting financial crises from Ted Truman, an expert in responding to the international dimensions of financial crises. Topics include the initial US response to the Global Financial Crisis of 2008-2009 and the utiltiy of issuing Special Drawing Rights (SDR).
Basel Iii B: Basel Iii Overview,
2020
Yale School of Management
Basel Iii B: Basel Iii Overview, Christian M. Mcnamara, Michael Wedow, Andrew Metrick
Journal of Financial Crises
In the wake of the financial crisis of 2007-09, the Basel Committee on Banking Supervision (BCBS) faced the critical task of diagnosing what went wrong and then updating regulatory standards aimed at preventing it from occurring again. In seeking to strengthen the microprudential regulation associated with the earlier Basel Accords while also adding a macroprudential overlay, Basel III consists of proposals in three main areas intended to address 1) capital reform, 2) liquidity standards, and 3) systemic risk and interconnectedness. This case considers the causes of the 2007-09 financial crisis and what they suggest about weaknesses in the Basel regime …
Basel Iii A: Regulatory History,
2020
Yale School of Management
Basel Iii A: Regulatory History, Christian M. Mcnamara, Thomas Piontek, Andrew Metrick
Journal of Financial Crises
From the earliest efforts to mandate the amount of capital banks must maintain, regulators have grappled with how best to accomplish this task. Until the 1980s, regulation had been based largely on discretion and judgment. In the wake of two bank failures, the central bank governors of the G10 countries established the Basel Committee on Banking Supervision (BCBS) and in 1988, the BCBS introduced a capital measurement system, Basel I. The system represented a triumph of the fixed numerical approach, however, critics worried that it was too blunt an instrument. In 1999, the BCBS issued Basel II, a proposal to …
Looking Forward And Looking Back: How Can The International Criminal Court (Icc) Navigate In A Complicated And Largely Hostile World?,
2020
Ford Foundation Fellow and Visiting Scholar, Duke University
Looking Forward And Looking Back: How Can The International Criminal Court (Icc) Navigate In A Complicated And Largely Hostile World?, David Tolbert
Georgia Journal of International & Comparative Law
No abstract provided.
The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests,
2020
Georgetown University Law Center
The United States And The International Criminal Court: Why Undermining The Icc Undercuts U.S. Interests, Jane Stromseth
Georgia Journal of International & Comparative Law
No abstract provided.
States Parties, Non-States Parties, And The Idea Of International Community,
2020
University of California, Berkeley, School of Law
States Parties, Non-States Parties, And The Idea Of International Community, Saira Mohamed
Georgia Journal of International & Comparative Law
No abstract provided.
The Icc And Non-Party States: Consistency And Consensus Revisited,
2020
UC Hastings College of Law
The Icc And Non-Party States: Consistency And Consensus Revisited, Chimène I. Keitner
Georgia Journal of International & Comparative Law
No abstract provided.
Defense Issues At The International Criminal Court,
2020
Florida International University College of Law
Defense Issues At The International Criminal Court, Megan A. Fairlie
Georgia Journal of International & Comparative Law
No abstract provided.
The Icc In Latin America: An Old Friend With New Challenges,
2020
UC Hastings College of Law
The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza
Georgia Journal of International & Comparative Law
No abstract provided.
Does The New York Convention Allow A Non-Party To An Arbitration Agreement To Use Equitable Estoppel To Compel Arbitration?,
2020
Nova Southeastern University - Shepard Broad College of Law
Does The New York Convention Allow A Non-Party To An Arbitration Agreement To Use Equitable Estoppel To Compel Arbitration?, Robert Jarvis
Faculty Scholarship
No abstract provided.
Indian Surrogacy: Ending Cheap Labor,
2020
Santa Clara Law
Indian Surrogacy: Ending Cheap Labor, Jaya Reddy
Santa Clara Journal of International Law
Indian Surrogacy: Ending Cheap Labor
Matter Of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation And Legislation,
2020
Santa Clara Law
Matter Of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation And Legislation, Kate Jastram, Sayoni Maitra
Santa Clara Journal of International Law
Matter of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation and Legislation
Biodiversity Impacts Of Investment And Free Trade Agreements,
2020
Pace University
Biodiversity Impacts Of Investment And Free Trade Agreements, Lee C. Rarrick
Pace Environmental Law Review
The following Article identifies the myriad ways in which international investment and free trade agreements interact with biodiversity. It categorizes these interactions into three main groups and provides a literature review of the various real-world and policy impacts. The first part analyses arbitration procedures in these agreements that investors and trade partners can invoke to protect their economic expectations from otherwise proper State action, including regulation that is intended to promote biodiversity. The next part evaluates biodiversity provisions that are included directly in the free trade and investment agreements themselves, or in side agreements thereto. Some of these provisions reference …
Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation,
2020
Pace University
Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick
Pace Environmental Law Review
No abstract provided.
Coming To A Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’S Impact On Proportionality,
2020
Santa Clara Law
Coming To A Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’S Impact On Proportionality, Salahudin Ali
Santa Clara Journal of International Law
Coming to a Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’s Impact on Proportionality
