Other Law Commons^™

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman

Seattle University Law Review

This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …

Table Of Contents

Seattle University Law Review

Table of Contents

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster

Seattle University Law Review

For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices.  They press their claims in street protests, legislative hearings, dramatic performances, and other fora.  The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin.  More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …

Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li

Seattle University Law Review

This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …

Recent Developments, Steven H. Jacobs

Arkansas Law Review

Recent Developments in Arkansas Law

Two Decades Since Cms V. Argentina: Concession Contracts, Necessity Doctrine, And The Imf’S Impact On Sovereign Economic Governance, Esraa S. Saied Abdallah

Theses and Dissertations

In the evolving landscape of international trade, particularly within the framework of Bilateral Investment Treaties (BITs), the primary aim has been to promote and protect foreign investment. The 1980s witnessed a notable increase in investment treaties, coinciding with a global shift toward privatization that was significantly influenced by the impact of international financial institutions, including the International Monetary Fund (IMF) and the World Bank. By the 1990s, BITs had evolved to offer specific guarantees aimed at reducing the risks foreign investors faced in host states. However, despite the growth and transformation brought about by foreign investments, disputes arising under investment …

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

Administrative Investigation As A Procedural Guarantee For The Validity Of The Disciplinary Decision In The Police System Of The United Arab Emirates And The Arab Republic Of Egypt, Abdulaziz Abdulmonem Khalifa

Journal of Police and Legal Sciences

The administrative investigation procedure in the police field was addressed According to the laws of the police force and security in the United Arab Emirates, as well as the Egyptian police authority, this research presents a statement of the concept of the administrative investigation procedure, the disciplinary violations subject to it, and the procedural guarantees required for its validity. This includes the powers of referral to such procedures, as well as the processes for conducting and concluding them.

The research was structured into two main topics, The first addressed the definition and nature of the administrative investigation procedure, The second …

Restoring The Organization For The Security And Cooperation In Europe’S Role In Human Rights And Security After Russian Invasion, Roman Nekoliak

Human Rights Brief

This Article diagnoses a systemic erosion of rights-based multilateralism driven by geopolitical realignment, reduced leadership by traditional human rights defenders, the rise of authoritarian coalitions, and the growth of transactional and securitized diplomacy. This Article argues that revitalizing the Organization for the Security and Co-operation in Europe (OSCE) around a rights-centered, cross-dimensional concept of security is essential to restoring both regional stability and the credibility of international human rights commitments. It places the war in Ukraine within broader patterns of democratic backsliding, institutional paralysis, and the rise of authoritarian governance, demonstrating how domestic repression and interstate aggression mutually reinforce one …

Death Without Discretion: The Legality Of Mandatory Capital Punishment In Tanzania, Kimberly Austin

Human Rights Brief

The African Court on Human and Peoples’ Rights (AfCHPR) recently found that Tanzania’s mandatory death penalty by hanging violates the rights to life and dignity, guaranteed under Articles 4 and 5 of the African Charter on Human and Peoples’ Rights (the Charter). The Court’s judgment on June 26, 2025, in Tembo Hussein v. United Republic of Tanzania demanded rapid reform of Tanzania’s criminal laws in the name of preserving human rights.

Beyond Borders: Transnational Repression As A System Of Authoritarian Control In Russia, Kazakhstan, And Kyrgyzstan, Jasmine D. Cameron

Human Rights Brief

This Article examines transnational repression, state-sponsored persecution of citizens, human rights defenders, journalists, members of diaspora, and critical voices located outside physical borders, as a systemic tool of political control employed by Russia, Kazakhstan, and Kyrgyzstan. Based on analysis of legislation, published reports, UN Special Rapporteur findings, and case files, this Article provides three case studies that demonstrate different stages of an escalating trend towards transnational repression systems. From Kyrgyzstan, where the government has started to develop and implement harmful practices to persecute its citizens abroad, to a more established system in Kazakhstan, where numerous incidents of transnational repression showed …

Visible At Last: Legal Recognition Of Children Born Of War (Cbow) And The Case Of Bosnia And Herzegovina, Ajna Jusić, Gordana Subotić Ph.D.

Human Rights Brief

Children born of war (CBOW) — those conceived through conflict-related sexual violence— have long remained stigmatized, marginalized, and largely invisible in law and policy. Drawing on international scholarship and Bosnia and Herzegovina’s post-conflict experience, this Article examines the social, political, and legal mechanisms that sustain CBOW exclusion and traces the emergence of CBOW as a recognized category within contemporary international legal frameworks. Using Bosnia and Herzegovina as a case study, the Article argues that patriarchal norms, fragmented governance and legal structures, and decades of institutional silence have profoundly shaped CBOW lived experiences and access to rights. Furthermore, the Article assesses …