Publisher: Brooklyn Law School (Total: 4 journals)   [Sort by number of followers]

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Brooklyn J. of Corporate, Financial & Commercial Law     Open Access   (Followers: 2)
Brooklyn J. of Intl. Law     Open Access   (Followers: 5)
Brooklyn Law Review     Open Access   (Followers: 4)
J. of Law and Policy     Open Access   (Followers: 1)
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Brooklyn Journal of International Law
Number of Followers: 5  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0740-4824
Published by Brooklyn Law School Homepage  [4 journals]
  • Protecting Internet Access: A Human Rights Treaty Approach

    • Authors: Harpreet Kaur
      Abstract: With the evolution of the internet, the world has also seen a marked increase in government-ordered internet shutdowns and restrictions, sometimes with dubious justifications and sometimes with no justification at all. As people have become increasingly reliant on the internet for their day-to-day activities and to keep up with important news, internet restrictions often disrupt lives and violate people’s civil and human rights. While no international law directly protects internet access, it is implicitly advocated for under the freedom of opinion and expression. The upward trend of internet restrictions, however, suggests that an implied protection of access to a necessary resource is not enough. Greater monitoring and vetting are needed to discourage unnecessary restrictions and to encourage accountability when restrictions are imposed. An international or multilateral treaty is usually accompanied by a treaty committee, which oversees how successfully States parties honor their commitments. Accordingly, a treaty committee would be in a unique position to monitor and vet internet restrictions imposed by States parties, which would discourage the practice of unnecessary internet restrictions. This Note examines recent internet restrictions in India, Ethiopia, and Venezuela with a focus on the reasons given for the restrictions as well as their impact. Rather than simply proposing the establishment and provisions of a multilateral treaty, this Note explores how this treaty could be practicably implemented and monitored by its treaty committee by taking lessons from the existing multilateral treaty framework.
      PubDate: Wed, 22 Dec 2021 08:28:38 PST
  • From the Golden Gate to London: Bridging the Gap Between Data Privacy and
           the Right of Publicity

    • Authors: Kristin Kuraishi
      Abstract: Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the misappropriation of their personality. This note offers a solution by looking to recent data protection regulations, namely the General Data Protection Regulation (GDPR) of the European Union and the California Consumer Privacy Act (CCPA). The extraterritorial reach of the GDPR and CCPA obligates companies around the world to comply with these regulations and encourages other jurisdictions to similarly implement their own policies. This note suggests recognizing a person’s name, image, and likeness as personal data and implementing the right of publicity as an extension of the right to be forgotten, which gives individuals control over their personal data, and include a means to recover compensation for commercial misuse. Framing the right of publicity as control over the commercial use of one’s personal data online allows those countries that refuse to recognize the right of publicity a narrow pathway to provide protection.
      PubDate: Wed, 22 Dec 2021 08:28:37 PST
  • Level-Up: Towards a More Competitive & Labor-Friendly E-Sports

    • Authors: Andrew Ramstad
      Abstract: Despite humble beginnings, the advent of the modern internet has seen the explosion of e-sports into an industry commanding hundreds of millions of annual viewers and nearly a billion dollars in annual advertising revenue. Facilitating this expansion has been a shift from independently run competitive e-sports leagues to leagues created and operated by the developers of the league’s underlying game. This vertical integration by developers increases e-sports accessibility to viewers, but at the cost of decreased player bargaining power and professional flexibility. The integration further incentivizes ever-increasing working hours and self-destructive or rule-breaking behavior by players to stay competitive. This Note first examines the current e-sports regulatory apparatus of several nations and Non-Governmental Organizations, before contrasting them against the potential application of the International Labor Organization’s standards for association and collective bargaining with respect to protecting player working conditions. Accordingly, this Note argues that an e-sports regulatory scheme rooted in the International Labor Organization’s Core Conventions will more effectively protect the labor rights of players and downstream actors, as opposed to a completely centralized governing body or a regulatory scheme rooted entirely in antitrust law.
      PubDate: Wed, 22 Dec 2021 08:28:36 PST
  • Compulsory DNA Testing in Argentina: The Right to Truth Versus the Right
           to Privacy

    • Authors: Margaret Foster
      Abstract: During the Dirty War—a seven year repression by the Argentinian junta of political dissidents and alleged subversives—an estimated 500 babies were stolen from their mothers while imprisoned and given to leading military officials as "adopted" children. These children had their true identities erased and replaced with a false one covering up their true origins. This Note will explore Argentina's response to the Dirty War. Namely, it will consider the tension between the right to truth—an international right right often associated with enforced disappearances—and the right to privacy. In particular, it will consider cases in which adults resisted DNA testing to confirm whether they are among the group of children who were forcibly separated from their mothers. Finally, it will suggest reforms to Argentina's DNA law so that it better respects an individual's right to privacy.
      PubDate: Wed, 22 Dec 2021 08:28:36 PST
  • High Time for a Change: How the Relationship Between Signatory Countries
           and the United Nations Conventions Governing Narcotic Drugs Must Adapt to
           Foster a Global Shift in Cannabis Law

    • Authors: Alexander Clementi
      Abstract: Since the early 1970’s, the inclusion of cannabis and its byproducts in the United Nations Single Convention on Narcotic Drugs has mandated a strict prohibition on cultivation and use of the substance, which has led to a largely global practice of criminalization and imprisonment of anyone found to be in its possession. Yet recently, mostly in response to growing public health concerns, countries like Uruguay, Portugal, The Netherlands, Canada, and the United States have enacted laws which seek to decriminalize or even legalize cannabis use and possession. Yet, cannabis remains classified as a Schedule IV narcotic under the Single Convention, a categorization reserved for only the most dangerous of drugs. This article traces the history of cannabis’ inclusion in the international treaties that collectively establish the framework under which cannabis currently regulated across the globe and outlines how the cannabis policies of the aforementioned countries have been enacted in spite of those treaties. The article then analyzes proposed methods of amending the current Conventions, while ultimately suggesting a policy of renunciation and re-accession as the most suitable method for maintaining international treaty compliance in the face of a global rise in efforts to legalize and decriminalize recreational cannabis use.
      PubDate: Wed, 22 Dec 2021 08:28:35 PST
  • Mental Illness in the Criminal Justice System: Erasing the Stigma On a
           Global Scale

    • Authors: Jennifer Rabbino
      Abstract: Mental illness has long been misunderstood and severely stigmatized worldwide. For several hundred years, rather than offering prompt and proper treatment, most countries treated mental illness by isolating patients from society. Moreover, that ill treatment remains to this day, with over 90% of the developing world's population living with a mental illness completely untreated and legal systems the world over struggling with how best to treat mentally ill defendants fairly. This Note will scrutinize and compare the treatment of the mentally ill defendants in Western and African nations. It will then focus on the legal systems in Uganda and Ghana for evidence of a persistent stigma and poor treatment faced by the mentally ill in those countries. Finally, this Note will suggest a solution to this treatment based on international pressure and cooperative effort.
      PubDate: Wed, 22 Dec 2021 08:28:35 PST
  • An Analysis of the Patent Linkage System and Development of the Biosimilar
           Industry in Taiwan

    • Authors: Jerry I-H Hsiao
      Abstract: In 2019, as an effort to join the Trans-Pacific Partnership (TPP) Agreement (now Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)), Taiwan has implemented the patent linkage system which covers both small molecule generic drugs and large molecule biosimilar into the Pharmaceutical Affair Act. The system modeled after the U.S.’s patent linkage system designed for small molecule drugs under the Hatch Waxman Act (HWA). Based on the experience of the patent linkage system under the HWA, biosimilar industry representatives in Taiwan contended that the adoption of the patent linkage system will be detrimental to the development of local industry. By adopting patent linkage system, foreign biologics company would implement evergreening strategies to delay the marketing of locally produced biosimilar, conduct improper patent listing, and to abuse the granting of automatic stays. This article critically evaluates whether Taiwan’s patent linkage system could serve the dual goal of fostering biologic innovation and promoting biosimilar industry development by examining patent linkage systems for biosimialrs in the U.S, South Korea and Taiwan. This article argues that this dual goal could be achieved if the method of manufacturing patents could be included in patent listings and through a wider institutional collaboration between Taiwan Food and Drug Regulation Agency and Taiwan Intellectual Property Office.
      PubDate: Wed, 22 Dec 2021 08:28:34 PST
  • Personal Insolvency in China: Necessities, Difficulties, and Possibilities

    • Authors: Rebecca Parry et al.
      Abstract: There has long been demand for personal insolvency laws in China, yet such laws have hitherto been unavailable, in part due to ideological resistance. In more recent years there has been an increase in borrowing by individuals, which has led to increased calls for honest but unfortunate debtors to be able to obtain a fresh start. Yet there is significant public mistrust of defaulting debtors and in particular there is a shadow cast by those termed the Lao Lai that has led many to question the desirability of such a reform. There has also been a need for change in the development of an infrastructure to support a personal insolvency system, such as a social security, property registration and credit information systems, and although progress has been made in these regards there is still a need for further development. However, there has been case law progress in one province enabling collective resolutions of claims against insolvent debtors, and judicial guidance from senior courts has expanded on this. More recently, the COVID-19 pandemic has accelerated progress towards the enactment of personal insolvency laws on a local level in Shenzhen. This article considers the need for personal insolvency laws in China, identifies the obstacles that have hitherto stood in the way of such laws and discusses the momentum which has been recently gained towards the enactment of personal insolvency laws.
      PubDate: Wed, 22 Dec 2021 08:28:34 PST
  • Hong Kong’s Extradition Bill: Implications & Ramifications

    • Authors: Grace Wang
      Abstract: Since June 2019, millions of people in Hong Kong protested against the proposed extradition bill, which would permit the HKSAR government to extradite anyone residing, visiting, or passing through Hong Kong to mainland China with which it has no formal extradition agreement with. This Note will argue that the proposed extradition bill not only created a legal loophole in the existing system by removing legislative scrutiny and judicial oversight, but also violated international human rights law in light of mainland China’s record of serious human rights violation. Instead, the HKSAR and PRC governments should cooperate to create an impartial special court to resolve extradition disputes and deal with extradition requests. To ensure fair trials and judicial transparency, the special court should be composed of distinguished foreign and domestic judges voted in by the general public. Decisions by the court should be published online and made available for public viewing.
      PubDate: Wed, 22 Dec 2021 08:28:34 PST
  • Gulf of Guinea and Maritime (In)Security: Musings on Some Implications of
           Applicable Legal Instruments

    • Authors: Edwin E. Egede
      Abstract: The Gulf of Guinea (GoG) is an enormous and diverse region consisting of approximately 6,000 km of coastline extending from Senegal to Angola. It is a maritime area of strategic importance because it is resource-rich with hydrocarbons, fish and other resources. Also, it is important as a vital maritime transit hub. Unlike certain other shipping lanes that have been identified as chokepoints, the GoG, because of its width, is not susceptible to blockades and major shipping accidents. Previously the maritime (in)security in the GoG had not received the same high-profile attention from the international community as the situation in the East African region. However, in recent times, the GoG has overtaken the East African region as one the world’s worst piracy hotspots. As a result of the maritime insecurity in the GoG, unsurprisingly several legal instruments, ranging from UN Security Council resolutions, at the global level, and the Code of Conduct Concerning the Repression of Piracy, Armed Robbery against Ships, And Illicit Maritime Activity in West and Central Africa (the Yaoundé Code) 2013 at the regional level, as well as national legislation at the domestic level, have been adopted to address this situation. This article aims to analyse these legal instruments to unpack certain legal issues that develop from them.
      PubDate: Wed, 22 Dec 2021 08:28:33 PST
  • Autonomous Weapons Systems and the Procedural Accounta- bility Gap

    • Authors: Afonso Seixas-Nunes
      Abstract: The development and well-established principles of Internationla Humanitarian Law have been progressively establishing limits to the means and methods of warfare. Those principles and rules are necessarily applicable to future autonomous weapon systems (AWS), but questions regarding liability for violations of IHL caused by AWS have been looming the international debate. This article has two parts. The first part aims to identify a technical dimension of AWS that has been neglected by international lawyers: States responsibility for IHL violations caused by errors in AWS’ software. This article argues that “errors” can neither be identified with “malfunctions” nor attributed to human fault and, therefore, they should be attributed to the deploying State. The second part of the article looks at the obligations of AWS deploying State, namely the obligations of due diligence enshrined in Common Article 1 of the 1949 Geneva Conventions and to Article 36 API. However, as the articles concludes, although the deploying States have the duty to “respect and ensure respect” for the laws of war, and to conduct legal reviews of new weapons, the reality is that state practice shows that States tend to fall silent about their obligations in matters of weaponry. The complex reality of State practice may well lead, as far as AWS are concerned, to an “accountability trap”: the reality of AWS is not taken seriously and IHL violations will be left unaccountable.
      PubDate: Wed, 22 Dec 2021 08:28:33 PST
  • Transnational Legal Process: An Evolving Theory and Methodology

    • Authors: Regina Jefferies
      Abstract: Harold Koh introduced Transnational Legal Process in 1996 as a constructivist theory of international legal compliance which draws lessons from international legal theory and the discourse between international law and international relations scholarship. This article situates Transnational Legal Process (TLP) within the broader literature on international legal compliance and traces the theory’s evolution over the years, highlighting scholarship which addresses three critical theoretical limitations: (1) insufficient description of the actors and processes of norm internalization; (2) insufficient explanation of why States internalize certain norms; and (3) insufficient identification and description of norm-creation processes. This article uses the legal origins of TLP as orienting points to draw the theory into present debates on legal theory and methodology, before identifying Pierre Bourdieu’s concepts of “habitus” and “bureaucratic field”, as well as the empirical method of social network analysis, as providing fertile ground for future empirical and interdisciplinary work aimed at developing TLP as legal theory and methodology. This work fills a gap in the literature by synthesizing scholarship in disparate sub-fields of legal study that engage with TLP, but often do not speak to one another, and contributes to a more systematic approach to theory testing
      PubDate: Wed, 22 Dec 2021 08:28:32 PST
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