International Law Commons^™

Contracting Around The Hague Service Convention, Robin Effron, John F. Coyle, Maggie Gardner

Faculty Scholarship

No abstract provided.

Interpretation In The Court Of Justice Of The European Union: Originalism, Purposivism, And L' Economie Générale, Siniša Rodin

American University International Law Review

No abstract provided.

Crystal Clear Vagueness: The Board Of Immigration Appeals Hampers Justice With Its Vague “Process Of Justice”, Maria Natera

Catholic University Law Review

The Immigration and Nationality Act has caused the issue of unconstitutional vagueness to become more prominent in recent years in the context of immigration law. The Act provides definitions for certain crimes that are grounds for legal immigrants to be placed in removal proceedings, with the possibility of deportation. With such severe potential consequences, it is crucial that the definitions be crystal clear on what every crime entails in order to give immigrants fair warning.

One such crime that may subject an immigrant to removal proceedings and deportation is a conviction for an “aggravated felony,” coupled with a sentence of …

A Mathematical Solution To The Sine Of Madness That Is Pharmaceutical Compulsory Licensing Under The Trips Agreement And The Doha Declaration, Ashley E. Sperbeck

Marquette Intellectual Property Law Review

A viable economic solution is necessary to address the shortcomings, textual ambiguities, and deficiencies engulfing international patent protection, leading to the inability of LDCs facing public health crises or national emergencies and lacking pharmaceutical manufacturing facilities to obtain generic pharmaceuticals. This Note poses a solution to this problem via another Amendment to the TRIPS Agreement and the Doha Declaration, which provides a mathematical framework to determine when and under what circumstances a compulsory license should be granted. Furthermore, this Note contemplates establishment of a WTO subcommittee to oversee this proposed solution and to ensure compliance with this Amendment. This concrete …

Can “Imfcoin” Be Scaruffi's Moneta Immaginaria?, Alexander M. Heideman

Marquette Intellectual Property Law Review

Cryptocurrencies have taken the world by storm. But these decentralized and unregulated digital fiat currencies have more in common with the currencies of ages past than many believe. These commonalities may result in the incorporation of new cryptocurrencies into older institutions. One such institution is the International Monetary Fund's Special Drawing Rights (SDRs), which has bene relegated to an afterthought in the international monetary system since the Nixon Shock in 1971. The Fund's Managing Director recently made comments that indicated that the Fund is exploring the incorporation of a cryptocurrency into the framework of the SDR, a change which China …

Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie

Marquette Intellectual Property Law Review

This paper will examine the challenges of international compulsory licensing by examining the issue historically and legally as well as offer possible solutions. Thus, this paper will explore the challenge of balancing corporate interests against the affordability and availability of pharmaceuticals by focusing on discrete situations in developing countries, the history of compulsory licensing, and how the World Health Organization (the “WHO”) and the WTO have attempted to tackle these challenges through compulsory licensing, and it will suggest a possible framework for use in arbitration, which balances equities through a Georgia-Pacific analysis.

International Satellite Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

International satellite law can best be described as that subset of international space law that addresses the operations of satellites in orbit around the Earth. Excluding, therefore, topics such as manned space flight, suborbital space operations, and any activities beyond Earth orbits, this means addressing the use of satellites for telecommunications purposes, for Earth observation and remote sensing, and for positioning, timing, and navigation. These three major sectors of space activities are, in addition to jointly being subject to the body of international space law, each subject to their specific dedicated legal regime —international satellite communications law, international satellite remote …

The Investor-State Dispute Settlement System Amidst Crisis, Collapse, And Reform, Henrique Sachetim, Rafael CodeçO

Arbitration Brief

No abstract provided.

When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest

Arbitration Brief

No abstract provided.

Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu

UC Law SF International Law Review

The Investor-State Dispute Settlement (ISDS) mechanism has been widely used in international treaty-making and invoked many times in crossborder dispute resolution. ISDS is a system where a foreign investor can bring claims against a host state for its discriminatory acts upon the investor. As China pursues a new level of outbound investment in the last decade, the ISDS mechanism will apply particularly in the context of investment disputes involving Chinese investors and foreign countries. This note will examine the evolution of ISDS clauses in China’s Bilateral Investment Treaties (BITs), especially with the European Union (EU), as well as these clauses’ …

Broken Promises: The Hollow Dreams Of Human Trafficking, Philip H. Pierre

Buffalo Public Interest Law Journal

No abstract provided.

Letter From The Editor

Arbitration Brief

No abstract provided.

Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp

Arbitration Brief

No abstract provided.

Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón

Arbitration Brief

No abstract provided.

Rethinking The Length Of Patent Terms, Simon Lester, Huan Zhu

American University International Law Review

No abstract provided.

The Decline Of Online Piracy: How Markets - Not Enforcement - Drive Down Copyright Infringement, João Pedro Quintais, Joost Poort

American University International Law Review

No abstract provided.

Artificially Intelligent And Free To Monopolize: A New Threat To Competitive Markets Around The World, Kaylynn Noethlich

American University International Law Review

No abstract provided.

Sexual Exploitation And Abuse In Conflict: An International Crime?, Clare Brown

American University International Law Review

No abstract provided.

Africa Can Drum Up Large Infrastructure Deals With Food, Dunia P. Zongwe

American University International Law Review

No abstract provided.

Patent Abolition: A Real-Life Historical Case Study, Stef Van Gompel

American University International Law Review

No abstract provided.