Dedication,
2025
Penn State Dickinson Law
Dedication
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Exploiting Vulnerability: Human Trafficking As A Tool Of Genocide,
2025
University of Denver
Exploiting Vulnerability: Human Trafficking As A Tool Of Genocide, Madison Bryant
Undergraduate Theses, Capstones, and Recitals
This thesis examines the relationship between human trafficking and genocide, arguing that when trafficking is used with the intent to destroy a targeted group, it should be understood and prosecuted as an act of genocide. While international law traditionally treats genocide and human trafficking as distinct crimes, historical and contemporary evidence reveals significant overlap in their mechanisms, motivations, and outcomes. Through a thematic analysis of three case studies, this research demonstrates how trafficking has been systematically employed to further genocidal objectives, including displacement, exploitation, cultural erasure, and the destruction of communities. The case studies are the genocide of Indigenous peoples …
Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood,
2025
Villanova University Charles Widger School of Law
Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood, Nicole Bessette
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Symbiotic International Law: Combatting Uyghur Forced Labor,
2025
Villanova University Charles Widger School of Law
Symbiotic International Law: Combatting Uyghur Forced Labor, Preston Jordan Lim
Faculty Publications
Since 2017, the Chinese government has launched a campaign of repression against the Muslim Turkic minorities of Xinjiang, a region located in China’s Northwest. While most scholars have focused on the mass internment of Uyghurs and other minorities, this Article highlights an under-discussed aspect of China’s campaign: the construction of a sophisticated forced labor system. Minority forced labor supplies key sectors of the global economy—from the automotive to the energy sectors—and allows Chinese companies to outcompete foreign firms. The unprecedented scope and sophistication of what I term the “modern Xinjiang forced labor system” imperils the very future of the international …
Funding Repression: How The Eu Migration Agreements With Libya And Tunisia Circumvent Non-Refoulement And Enable Human Rights Violations,
2025
Brooklyn Law School
Funding Repression: How The Eu Migration Agreements With Libya And Tunisia Circumvent Non-Refoulement And Enable Human Rights Violations, Emma Soltis
Brooklyn Journal of International Law
In 2023, the European Union and Tunisia entered into a Memorandum of Understanding, which outlined cooperation between the parties on several issues, including migration and mobility. Consistent with the European Union’s broader externalization agenda, the Memorandum of Understanding primarily allocates monetary and technical support to Tunisia and its authorities for migration management. In particular, Tunisian authorities are enabled to patrol the coast and intercept migrants and refugees attempting to irregularly migrate from North Africa to Europe across the Mediterranean Sea. The European Union sponsored a similar Memorandum of Understanding between Italy and Libya in 2017. Critics have widely denounced the …
The Starving Artist: What The Us Can Learn From Dutch Artist-Focused Legislation About Equitable Remuneration For Musical Creators,
2025
Brooklyn Law School
The Starving Artist: What The Us Can Learn From Dutch Artist-Focused Legislation About Equitable Remuneration For Musical Creators, Natalia Perez-Flores
Brooklyn Journal of International Law
The United States (US) is the “leader in [the] creation, distribution, and worldwide licensing of recorded music.” Despite this, the US fails to afford moral rights protections to musical creators. Unlike economic rights, moral rights are not primarily concerned with the economic exploitation of art and instead protect the personal and reputational value of a work. Legislative justifications for copyright protection in the US include providing adequate rewards and appropriate incentives for artistic creation. To accomplish this, copyright law must protect authors’ personal expression, or moral rights, as much as it protects authors’ financial compensation, or economic rights. By focusing …
Sovereign Immunity And International Arbitration In China:
One Step Forward, Two Steps Back, And Three Steps Forward
Again,
2025
Brooklyn Law School
Sovereign Immunity And International Arbitration In China: One Step Forward, Two Steps Back, And Three Steps Forward Again, Ylli Dautaj
Brooklyn Journal of International Law
Investment treaty arbitration (ITA), like any other dispute resolution regime, must guarantee the quality if its means as well as offering effective sanctioning of its ends. Thus, any obstacle with respect to post-award proceedings should be dealt with seriously. Due to sovereign immunity, the enforcement against an award-debtor State is more difficult than against a private party. Courts in various jurisdictions have battled with sovereign immunity for many years now and many issues remain outstanding nevertheless. It is for these reasons that sovereign immunity from execution has been said to represent “the last fortress, the last bastion of State immunity.” …
Regulating Misdemeanors In China,
2025
Brooklyn Law School
Regulating Misdemeanors In China, Enshen Li
Brooklyn Journal of International Law
China has arguably entered an era of misdemeanors. Perceived as offenses punishable by a sentence of three years’ imprisonment or less, misdemeanors have reportedly taken up the majority of criminality in China over the past two decades. This shift in criminal dynamics has precipitated a pressing need for structural changes in the state’s criminal legal system, with calls for reform oriented toward decriminalization as a tailored dispositional channel for petty offenders showing a lower level of criminal culpability. This Article offers a critical scrutiny of China’s prevailing decriminalization initiatives for reducing the penalties and collateral consequences of misdemeanors. Situating these …
Questioning Us Immigration Law Compliance With Treaties
For Trade And Investment,
2025
Brooklyn Law School
Questioning Us Immigration Law Compliance With Treaties For Trade And Investment, William Thomas Worster
Brooklyn Journal of International Law
This Article examines the extent to which US immigration law complies with the United States’ treaty obligations to admit qualifying foreign nationals as treaty traders (E-1) or treaty investors (E-2). These immigration categories are grounded in international agreements—specifically Friendship, Commerce and Navigation treaties (FCNs), Bilateral Investment Treaties (BITs), and Free Trade Agreements (FTAs)—that commit the United States to grant entry to certain foreign individuals and enterprises for the purposes of trade or investment. Although each treaty includes specifically tailored terms and conditions, US immigration regulations apply a single, harmonized set of regulations that often diverge from the treaty texts. This …
Humans In Nature: Creating Our New Reality Through Ecological, Cultural, Global, Ethical, And Legal Reform,
2025
University of Missouri-Kansas City School of Law
Humans In Nature: Creating Our New Reality Through Ecological, Cultural, Global, Ethical, And Legal Reform, John Head
UMKC Law Review
No abstract provided.
The Special International Peace Zone: From History, Through Practice, Toward An End To Armed Conflict In Ukraine,
2025
Chapman University Fowler School of Law
The Special International Peace Zone: From History, Through Practice, Toward An End To Armed Conflict In Ukraine, Tom W. Bell
Notre Dame Journal of International & Comparative Law
This paper presents the special international peace zone as both an observed and ideal institution. Such a zone quells military conflict in an area over which sovereigns make conflicting territorial claims. It operates through an interim administration, governed by its own rules, independent of any single sovereign. Past examples include the Free City of Danzig (1920-39), the Free Territory of Trieste (1947-54), and United Nations Interim Administration Mission in Kosovo (1999-2008). Despite proven successes, these zones have suffered from an undue reliance on multi-national organizations—first the League of Nations and now the United Nations. Warring sovereigns seldom agree about the …
Whose Truth Commission,
2025
Notre Dame Law School
Whose Truth Commission, Lehlohonolo January
Notre Dame Journal of International & Comparative Law
It is often said that the victor always dictates the narrative and thus dictates how history is represented. The end of Apartheid in South Africa wasn’t a result of an outright victorious defeat of the Apartheid State together with its institutions of coercion but rather came about as a result of a culmination of a series of events. If this adage holds true, then why is it that the narrative seems to paint a picture of a victor’s perspective? This assertion is not made lightly but is no less reflective of how the facts seem to portray themselves in that …
The Application Of Comparative Law In Public International Law Research,
2025
Hanoi Law University
The Application Of Comparative Law In Public International Law Research, Lê Thị Anh Đào, Adrianna N. Globokar
Akron Law Student Publications
Comparative law analyses the similarities and differences between legal systems, often across different countries or jurisdictions, and examines how those systems operate. Public international law, by contrast, governs the conduct of actors subject to international law, primarily sovereign states, and international organisations, through legal frameworks and principles. Although comparative law and international law are traditionally treated as distinct areas of study, this paper explores the potential benefits of adopting a comparative approach to public international law. Insights from comparative law can deepen the public’s understanding of public international law and advocate for the establishment of “comparative public international law” as …
Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass",
2025
Texas A&M University School of Law
Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass", Andrew P. Morriss
Faculty Scholarship
This Article examines the competitive dynamics in the global law market through the lens of the statutory evolution of the Rule in Hastings-Bass across various International Financial Centers (IFCs). Following the UK Supreme Court's 2013 decision in Pitt v Holt and Futter v Futter, which significantly restricted the judiciary's ability to void trustee decisions under the Rule, seven IFCs (Jersey, Bermuda, The Bahamas, the Dubai International Financial Center, the Cayman Islands, and the British Virgin Islands) enacted statutes to preserve and clarify the Rule within their jurisdictions. These legislative actions highlight the strategic adaptations by IFCs to enhance their legal …
The Complex Interplay Between Intellectual Property And The Right To Science,
2025
Texas A&M University School of Law
The Complex Interplay Between Intellectual Property And The Right To Science, Peter K. Yu
Faculty Scholarship
In April 2020, the U.N. Committee on Economic, Social and Cultural Rights released General Comment No. 25, which provides an authoritative interpretation of the right to science—a right that has hitherto not received much attention. In light of this publication and the recent celebration of the 75th anniversary of the Universal Declaration of Human Rights, this article examines the complex interplay between intellectual property and the right to science, with a view toward the human rights challenges brought about by both the COVID-19 pandemic and the arrival of generative AI.
The article begins by documenting the historical evolution of the …
Nato Self-Defense – Is Article 5 The Right Framework For Responding To Sub-Kinetic Cyber Aggression?,
2025
Texas A&M University
Nato Self-Defense – Is Article 5 The Right Framework For Responding To Sub-Kinetic Cyber Aggression?, Shreyas Kumar, Gary D. Brown, Srividhya Ragavan, Maddalena Cerrato, Gourav Nagar
Faculty Scholarship
Cyber aggression presents a significant challenge to traditional frameworks of collective defense, particularly under Article 5 of the NATO Washington Treaty, which obligates member states to respond collectively to an "armed attack." While NATO has acknowledged that cyber incidents may trigger Article 5, ambiguity persists over what constitutes a cyber "armed attack," especially in the absence of kinetic effects. This uncertainty complicates NATO’s ability to address increasingly prevalent sub-kinetic cyber threats, such as economic disruption, data manipulation, and interference in democratic processes. Unlike conventional military threats, cyber operations often fall below the traditional threshold of armed conflict while still exerting …
Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals,
2025
Creighton University School of Law
Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly
Notre Dame Journal of International & Comparative Law
Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …
Beautiful Means For Nefarious Ends,
2025
Notre Dame Law School
Beautiful Means For Nefarious Ends, Eric Wahoff
Notre Dame Journal of International & Comparative Law
This note will attempt to address the laws of art dealers and banks in a way that draws parallels with the past struggles of banks and today’s struggle in the art world to keep bad actors out. It will begin with surveying how art is currently used as a tool of criminals and the current regulatory regimes in the EU, New York, and California – the states with the most art brokers.Then the note will analyze relevant laws from the US banking industry. Finally, the note will discuss ways that banking laws that have been used to address money -laundering …
Volume 15, Issue 1 - Full Issue,
2025
Notre Dame Law School
Volume 15, Issue 1 - Full Issue, Notre Dame Journal Of International & Comparative Law Volume 15
Notre Dame Journal of International & Comparative Law
No abstract provided.
Sustainability-Competent Lawyering In The International Context,
2025
Widener Univesity Commonwealth Law School
Sustainability-Competent Lawyering In The International Context, Amy L. Edwards, John C. Dernbach
UMKC Law Review
No abstract provided.
