International Law Commons^™

The “National Security” Of Nations: President Trump’S Pretextual Tariff Rationale And How To Overcome It, Jacob Ely

Cardozo International & Comparative Law Review

The note argues that President Trump's use of Section 232 of the Trade Expansion Act to impose tariffs on steel, aluminum, and automobiles under the pretext of national security constitutes an abuse of executive power. It contends that this action undermines the constitutional authority of Congress to regulate trade and tariffs, raising significant concerns about the separation of powers and the potential for future presidential overreach. The note advocates for legislative reforms to reclaim congressional oversight and ensure that national security justifications for tariffs are genuine and narrowly defined.

The Eu-U.S. Privacy Shield: An Uncertain Future, Catherine Read

Cardozo International & Comparative Law Review

The note examines the challenges facing the EU-U.S. Privacy Shield due to the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) and the U.S. government's uneven implementation of Privacy Shield recommendations. It argues that without reforms, such as incorporating Presidential Policy Directive-28 (PPD-28) protections into Section 702, maintaining a fully staffed Privacy and Civil Liberties Oversight Board (PCLOB), and enforcing stricter compliance measures, the future of the Privacy Shield and transatlantic data flows remains uncertain.

The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin

Faculty Scholarship

This article examines the role of vulnerability in transforming individual relationships, particularly the attorney-client relationship. In this essay, Martin argues that broadening our expressions can improve our client relations and decrease the likelihood that when that inevitable mistake occurs, we will be sued for it. Also, based upon virtue ethics, that practicing vulnerability is also virtuous and thus worthwhile in and of itself.

This essay starts by describing the traits people look for in lawyers as well as evidence that clients often feel that their lawyers are less than human. Then examines how legal education contributes to this problem by …

Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Yip Man

Research Collection Yong Pung How School Of Law

The article critically reviews the litigation framework of the Chinese International Commercial Court("CICC') using a comparative approach, taking as a benchmark the Singapore International Commercial Court ("SICC')--another Asian international commercial court situated within the Belt and Road Initiative ("BRI') geography. It argues that the CICC, despite being lauded as a visionary step toward an innovative, efficient and trustworthy dispute resolution system, does not live up to those grand claims on closer scrutiny. The discussion shows that the CICC is in many respects insular and conservative when compared with the SICC. The distinctions between the two litigation frameworks may be explained …

Flor Freire V. Ecuador, Raymond Chavez

Loyola of Los Angeles International and Comparative Law Review

This case is about the discharge from duty of a Second Lieutenant of the Ecuadorian army who had been accused of engaging in homosexual conduct. The Court found violation of several articles of the American Convention. The violation of the prohibition of discrimination is the most significant one.

Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé

Loyola of Los Angeles International and Comparative Law Review

The European Union’s Copyright Directive for the Digital Single Market should cause concern for net neutrality advocates. This article casts a critical gaze at Article 17 (previously Article 13) of this new Directive. It chronicles the Directive’s life: starting as a reaction to the perceived inadequate copyright protections provided by the previous Information Society Copyright Directive through to its then-present status circa May 2019. Next, net neutrality is defined, and its benefits and detriments are weighed to ultimately determine the policy is desirable. Article 17’s call for eliminating safe-harbor provisions for content hosts and its call for content filters signal …

A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell

Loyola of Los Angeles International and Comparative Law Review

Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …

Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral

Loyola of Los Angeles International and Comparative Law Review

Israel is no stranger to the scorn of the international community. In many respects, Israel is held to a different standard than other nations. In July 2018, that hypothesis was tested when Israel’s Knesset passed The Basic Law: Israel – The Nation State of the Jewish People. Though largely symbolic, the Law declares, inter alia, “[t]he exercise of the right to national self-determination in the State of Israel is unique to the Jewish People.” Critics lambasted the clause for allegedly violating international law by rejecting non-Jews’ right to exercise self-determination in the State of Israel. This note argues that the …

Barriers Between Effective Transnational Changemaking: Relationships Between Ingos And Moroccan Ngos, Julia Walters

Independent Study Project (ISP) Collection

This paper seeks to explore the relationships held between international non-governmental organizations, primarily based in the West, and Moroccan NGOs. The existing literature on the topic explores the ways in which international NGOs can both benefit and harm domestic NGOs, which seek to fix issues not thoroughly addressed and solved by the state or by the market, such as issues of gender-based violence, female education, and lack of rural healthcare. The data gathered was organized into two types of relationships; financial and non-financial. Financial relationships between INGOs and NGOs were often depicted as crucial in enabling critical projects, such as …

Reform Of Singapore's Foreign Judgment Rules, Adeline Chong

Research Collection Yong Pung How School Of Law

On 3rd October, the amendments to the Reciprocal Enforcement of Foreign Judgments Act (“REFJA”) came into force. REFJA is based on the UK Foreign Judgments (Reciprocal Enforcement) Act 1933, but in this recent round of amendments has deviated in some significant ways from the 1933 Act. The limitation to judgments from “superior courts” has been removed. Foreign interlocutory orders such as freezing orders and foreign non-money judgments now fall within the scope of REFJA. So too do judicial settlements, which are defined in identical terms to the definition contained in the Choice of Court Agreements Act 2016 (which enacted the …

Mempererat Regional Asean Melalui Tatanan Hukum Keantariksaan: Peluang Dan Tantangan Bagi Indonesia, Ridha Aditya Nugraha, Kartika Paramita

Jurnal Hukum & Pembangunan

The outer space has become a forum for international cooperation. History has revealed that many countries with different ideologies could work together when it comes to space activities. The existence of the Association of South East Asian Nations (ASEAN) as a subject of international law with ten member states shall test that premise. The actualization of regional cooperation on space activities could be in many forms, one of them is through the establishment of an ASEAN Space Agency. In a smaller scale, considering there is no legal system applied in the ASEAN level, arranging a joint satellite operation seems rather …

Peran Indonesia Dalam Menangani Etnis Muslim Rohingya Di Myanmar, Mohammad Rosyid

Jurnal Hukum & Pembangunan

Indonesia is a country that is independent but actively participates in global politics including in the case of state or majority oppression against minority ethnic or group, such as the case of Rohingya in Myanmar. Rohingya is a moslem minority ethnic living in Myanmar targeted in genocide and banished from the country under the military government. Meanwhile, the civil leader of Myanmar, Aung Sang Suu Kyi, remains silent despite her Peace Prize Nobel. On the other hand, the political stance of ASEAN needs to be strengthened to find the solution for Rohingya without intervening internal affairs of the country. Indonesia …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez

Presentations

Professor Emeritus Herman Schwartz’s distinguished career has focused attention on the cause of human rights, civil liberties, and the rule of law. From the UN to Helsinki Watch, and from Israel and Eastern Europe to the United States, his work on emerging democracies, constitutional reform, and rule of law has inspired a generation of students, scholars, and practitioners to engage in this important work. Join us for a symposium on prison reform, comparative constitutionalism, voting rights, and human rights in Israel, with experts, activists, and academics in celebration of his contributions.

Climate Displaced Peoples: Utilizing Regional Approaches To Combat Climate-Induced Displacement In The 21st Century, Oshani Amaratunga

Pace Environmental Law Review

No abstract provided.

Telling Our Stories At Ifla’S 2019 Meeting In Athens, Greece, Anne Burnett

Articles, Chapters and Online Publications

Anne Burnett summarizes the 85^th World Legal Information Congress (WLIC) and the International Federation of Library Associations and Institutions’ (IFLA) annual meeting held at the Megaron Convention Center, located in the Kolonaki neighborhood of Athens, Greece. Specially Burnett reviews two IFLA sponsored programs held August 26 - 27, 2019.

DipLawMatic Dialogues is the official blog of the Foreign, Comparative, and International Law Special Interest Group of the American Association of Law Libraries. The FCIL-SIS serves as a forum for the exchange of ideas and information on foreign, comparative and international law and legal research. This blog is intended …

Can We Starve The Civilians? Exploring The Dichotomy Between The Traditional Law Of Maritime Blockade And Humanitarian Initiatives, Phillip J. Drew

International Law Studies

The contemporary practice of maritime blockade can trace its origins to the Dutch Placaat of 1564, under which the Dutch Navy enforced the closure of Spanish ports to maritime traffic, both inbound and outbound. Although originally designed to stop all military reinforcements from reaching an area, in the ensuing 450 years, blockade has developed into a method of warfare whose effects are primarily economic. As a result of the urbanization of much of the world’s population over the past 200 years, many States have become heavily reliant on imported foodstuffs and commodities, most of which moves by sea. When those …

Drone Attacks On Saudi Aramco Oil Installations, Mary Ellen O'Connell

NDLS in the News

Half of Saudi Arabia’s oil production has been stopped by air attacks involving drones and possibly cruise missiles on 14 September 2019. Houthi rebels in Yemen have claimed responsibility. United States Secretary of State Mike Pompeo has asserted by tweet that Iran is responsible because there is “no evidence the attacks came from Yemen” and Iran is behind “100” attacks on Saudi Arabia. The U.S. has since released satellite imagery showing immense smoke clouds. Unnamed American officials say 19 sites were struck. According to the BBC, on 16 September, ‘UK, Foreign Secretary Dominic Raab said it was not …

Marine Insurance Prohibitions In Contemporary Economic Warfare, Richard L. Kilpatrick, Jr.

International Law Studies

As States and supranational actors increasingly employ economic sanctions to promote security objectives, a recent trend has focused on the regulation of commercial shipping activities. These maritime sanctions have restricted port access for designated vessels, banned the import and export of certain cargo classes, enhanced authorization for vessel inspections, and even justified vessel seizures. Critically, these techniques have also included targeted prohibitions on marine insurance covering designated vessels and cargo. Designed to frustrate sanctioned actors in their attempts to utilize maritime assets for malign purposes, marine insurance prohibitions thwart these efforts and also blunt the ability to generate revenue through …

The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining

Pace Law Review

This Article is delimited by a focus on international law scholarship during the late Mao era, not on the PRC’s actual approach to or pronouncements on international law, mainly in order to respond directly to the assertion of U.S.-based international law scholars on late Mao-era scholarship. Of course, considerable ambiguity surrounds what constitutes scholarly work; no legal or even consensus definition generally exists. To be clear, definitions might exist in specific contexts such as the Foreign Agents Registration Act (“FARA”) of the United States, which prohibits foreign lobbying except for “bonafide religious, scholastic, academic or scientific pursuits or the fine …