JournalTOCs

Loyola of Los Angeles International and Comparative Law Review
Number of Followers: 9

This is an Open Access Journal

Open Access journal
ISSN (Print) 1533-5860
Published by Loyola Marymount University

[4 journals]

Experiments with Suppression: The Evolution of Repressive Legality in
Britain in the Revolutionary Period
- Authors: Christopher M. Roberts
  Abstract: This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures such as the creation of loyalist associations, which attempted to intimidate and attack revolutionaries; and the passage of a series of new laws aimed at closing off the space for freedom of association, assembly and expression. There was much opposition to the implementation of these measures; among other things, the period was marked by the evolution of a powerful tradition of defense lawyering, thanks to the efforts of the gifted Thomas Erskine in particular. Ultimately, however, when these four different sets of repressive measures were woven together, they proved too much for progressives to handle, choking off and driving the reform movement underground for a period of time. Along the way, the government implemented a legal and institutional template for repression, the effects of which continue to be felt to the present day.
  PubDate: Tue, 01 Dec 2020 06:58:53 PST
Can the International Criminal Court Succeed' An Analysis of the
Empirical Evidence of Violence Prevention
- Authors: Stuart Ford
  Abstract: Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC’s ability to succeed now than at any other point in its history. So, are the critics correct' Is the ICC failing' No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of international criminal law. Prevention of violations is the principal goal of the ICC. Therefore, by preventing violence, the ICC is already accomplishing its most important goal. In other words, it is already succeeding. This may not be the dominant narrative about the Court, but it should be.
  PubDate: Tue, 01 Dec 2020 06:58:45 PST
Net Neutrality and the European Union’s Copyright Directive for the
Digital Single Market
- Authors: Nathan Guzé
  Abstract: 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 opposition to net neutrality, despite the European Union’s supposed support for this policy. This new Copyright Directive seeks to support all creators, but it will only further entrench support for remunerative efforts towards those who can finance enforcement efforts: the most-famous creators and performers. The Directive’s enactment sets up a potentially bleak future for creativity on the internet – a cornerstone of the web that users have come to expect – and set in place an internet for the haves, not the have-nots. Ultimately, the Digital Single Market Directive is not net neutral and not in the general consumer’s best interest.
  PubDate: Mon, 02 Nov 2020 14:43:29 PST
A Wall Runs Through It: Comparing Mexican and Californian Legal Regimes in
the California Floristic Province
- Authors: Joseph E. Farewell
  Abstract: 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 environmental law, to bring it more into line with United States and Californian environmental law. The first is to provide for organizational standing a la Lujan v. Defenders of Wildlife, so that plaintiffs can file on the basis of group standing, where injuries can be more generalized. The second recommendation calls for the Mexican government to increase transparency in its environmental agencies and provide individuals the legal mechanisms, through citizen suits, to compel enforcement where it is lacking. Finally, this note recommends the Mexican government give protected status to its portion of the California Floristic Province and create a law like the California Environmental Quality Act (“CEQA”) that forces developers in the region to perform environmental studies, provide for mitigation projects, and avoid environmental damage to the greatest extent possible.
  PubDate: Mon, 02 Nov 2020 14:43:22 PST
Israeli Exception-alism: The Nation-State Law and its Place in the Israeli
Geopolitical Zeitgeist
- Authors: Daniel Bral
  Abstract: 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 clause complies with international law because the Palestinians’ right to national self-determination is linked to a future Palestinian state. The British Mandate, the Partition Plan, and international law have all recognized Israel as the homeland of the Jewish people, where Jews exercise their exclusive right to national self-determination. Palestinians and other non-Jews, like minority populations in other nations, may exercise the right to internal, not national, self-determination in the State of Israel. Yet still, to the Law’s critics, its passage marked the official downfall of Israeli democracy, which begs the question: why is Israel challenged when it seeks to join the host of nations who have similar nationhood provisions' Is Israel, as a sovereign nation, not entitled to the same privileges or proclamations of nationhood'
  PubDate: Mon, 02 Nov 2020 14:43:14 PST
Chinchilla Sandoval v. Guatemala
- Authors: Kiana Farzad
  Abstract: This case is about a female inmate in a Guatemalan detention center who did not receive adequate medical care for a series of ailments and disabilities that affected her, resulting in her death. The Court found Guatemala in violation of the American Convention for the failure to protect her life and for the violation of her right to physical, mental and moral integrity, as well as for violating her right to judicial protection. However, the Court did not address the question of the right to health of the victim.
  PubDate: Thu, 08 Oct 2020 20:35:06 PDT
Flor Freire v. Ecuador
- Authors: Raymond Chavez
  Abstract: 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.
  PubDate: Thu, 08 Oct 2020 20:34:58 PDT
Rochac Hernández et al. v. El Salvador
- Authors: Kimberly E. Barreto
  Abstract: This case is about the forced disappearance of five children during El Salvador’s Civil War. The State forcedly took thousands of children to curb rebel forces in rural areas. Unsurprisingly, the Court found violation of several articles of the American Convention, but the case is notable because it addresses Article 19 (Rights of the Child), an article of the Convention rarely discussed.
  PubDate: Thu, 08 Oct 2020 20:34:50 PDT
Legal Education in the United States: Moving Toward More Practical
Experience
- Authors: Hon. Sandra R. Klein
  PubDate: Thu, 08 Oct 2020 20:34:42 PDT
Zhu and Chen Revisited: An Update on the ECJ’s Jurisprudence on the
Derivative Rights of Third-party Nationals
- Authors: David H. King
  PubDate: Thu, 08 Oct 2020 20:34:34 PDT
Malaysia Historical Salvors Revisited:
- Authors: John P. Given
  PubDate: Thu, 08 Oct 2020 20:34:26 PDT
The United Nations Compensation Commission: Mass Reparations Apotheosis
- Authors: Gregory Townsend
  PubDate: Thu, 08 Oct 2020 20:34:18 PDT
Election Hacking: A Trifecta of Sovereignty, Intervention, and Use of
Force Violations in International Law
- Authors: Arlen Printz
  PubDate: Tue, 01 Sep 2020 13:55:43 PDT
Judicial Review and Constitutional Interpretation in Afghanistan: A Case
of Inconsistency
- Authors: Shoaib Timory
  PubDate: Tue, 01 Sep 2020 13:55:33 PDT
Elusive Justice: The Rohingya Chronic Crisis and the Responsibility to
Protect
- Authors: Sumangala Bhattacharya
  PubDate: Tue, 01 Sep 2020 13:55:24 PDT
Venezuela Undermines Gold Miner Crystallex's Attempts to Recover on
Its ICSID Award
- Authors: Sam Wesson
  PubDate: Thu, 21 Nov 2019 14:24:20 PST
Given Today's New Wave of Protectionsim, is Antitrust Law the Last
Hope for Preserving a Free Global Economy or Another Nail in Free
Trade's Coffin'
- Authors: Allison Murray
  PubDate: Thu, 21 Nov 2019 14:24:08 PST
How Two Sunken Ships Caused a War: The Legal and Cultural Battle Between
Great Britain, Canada, and the Inuit over the Franklin Expedition
Shipwrecks
- Authors: Christina LaBarge
  PubDate: Thu, 21 Nov 2019 14:23:54 PST
Financial Repression in China: Short-Term Growth But Long-Term Crisis
- Authors: Guangdong Xu et al.
  PubDate: Thu, 21 Nov 2019 14:23:30 PST
Toward a Fair and Just Comprehensive Property Restitution Law in Poland
- Authors: Evan Hochberg
  PubDate: Fri, 01 Feb 2019 00:43:13 PST