Subjects -> LAW (Total: 1613 journals)
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    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (196 journals)
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INTERNATIONAL LAW (196 journals)                     

Showing 1 - 171 of 171 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 21)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 72)
American University International Law Review     Open Access   (Followers: 12)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 8)
Anuario Colombiano de Derecho Internacional     Open Access   (Followers: 1)
Anuario de Derechos Humanos     Open Access   (Followers: 1)
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 3)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 3)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 2)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 19)
Australasian Policing     Full-text available via subscription   (Followers: 7)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 25)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Borderlands Journal : Culture, Politics, Law and Earth     Open Access  
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 39)
Brooklyn Journal of International Law     Open Access   (Followers: 6)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 5)
Cape Town Convention Journal     Open Access  
Chicago Journal of International Law     Full-text available via subscription   (Followers: 10)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 17)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 21)
Cornell International Law Journal     Open Access   (Followers: 7)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 6)
Deusto Journal of Human Rights     Open Access   (Followers: 3)
Duke Journal of Comparative & International Law     Open Access   (Followers: 18)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 13)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 35)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 251)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 45)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 22)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 7)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 5)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 52)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 13)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 273)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 32)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 13)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 28)
International Journal of Language & Law     Open Access   (Followers: 4)
International Journal of Law in Context     Hybrid Journal   (Followers: 18)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 67)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 22)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 11)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 13)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Planning Studies     Hybrid Journal   (Followers: 9)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 87)
Israel Law Review     Hybrid Journal   (Followers: 2)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Aggression, Conflict and Peace Research     Hybrid Journal   (Followers: 52)
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 15)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 19)
Journal of International Economic Law     Hybrid Journal   (Followers: 35)
Journal of International Political Theory     Hybrid Journal   (Followers: 21)
Journal of International Trade Law and Policy     Hybrid Journal   (Followers: 20)
Journal of Law, Policy and Globalization     Open Access   (Followers: 19)
Journal of Liberty and International Affairs     Open Access   (Followers: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 8)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 45)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 27)
Maryland Journal of International Law     Open Access   (Followers: 3)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 22)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 17)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Paix et Sécurité Internationales     Open Access  
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 8)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 8)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Facultad de Jurisprudencia     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 6)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Tilburg Law Review     Open Access   (Followers: 6)
Transnational Environmental Law     Hybrid Journal   (Followers: 7)
Uniform Law Review     Hybrid Journal   (Followers: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 5)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 5)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 10)
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
Brooklyn Journal of International Law
Number of Followers: 6  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0740-4824
Published by Brooklyn Law School Homepage  [4 journals]
  • The Amazon Ablaze: Are the Environmental Policies of the Bolsanaro
           Administrative in Contravention of Brazil’s Commitment to the Convention
           on Biological Diversity'

    • Authors: Jordan Johnson
      Abstract: In the Summer of 2019, the Amazonian Rainforest in Brazil experienced an unprecedented increase forest fires. This dramatic uptick in forest fires, according to environmental officials and scientists, is believed to have been caused by recent, rampant illegal deforestation of the Brazilian Amazonian Rainforest. Furthermore, some within the scientific community believe that the increased deforestation and ensuing forest fires are attributable to the anti-environmental protections and pro-development policies of Brazil's President, Jair Bolsonaro. Since taking office in January 2019, President Bolsonaro has publicly endorsed and encouraged deforestation of the Amazon as a means to spur economic development within Brazil. This Note argues that President Bolsonaro’s approach, of unfettered development of the Amazonian Rainforest, is in contradiction of existing Brazilian environmental protections laws, which proscribe deforestation of the Amazonian Rainforest. Moreover, these federal environmental protections laws were promulgated in furtherance of Brazil’s treaty obligations under the Convention on Biological Diversity (CBD). As a party to the CBD, Brazil is required to establish and maintain legislation for the protection of ecosystems identified as biologically diverse. The Amazonian Rainforest is the world’s largest river basin and most biologically diverse ecosystem, as such, the Amazonian Rainforest is precisely the type of biologically diverse ecosystem intended to be protected under the CBD. Ultimately, this Note examines whether the Brazilian government's handling of the illegal deforestation and response to the 2019 forest fires places the county in contravention of its treaty obligations under the CBD.
      PubDate: Mon, 03 May 2021 11:08:28 PDT
       
  • Easing the Burdens of a Patchwork Approach to Data Privacy Regulation in
           Favor of a Singular Comprehensive International Solution—The
           International Data Privacy Agreement

    • Authors: Scott Resnick
      Abstract: Data privacy has become one of the premier hot-button issues in today’s increasingly digital human experience. Legislatures around the globe have attempted to act swiftly in an effort to safeguard the highly coveted personal information of their citizens and combat misuse at the hands of international businesses operating with an online presence. Since the European Union’s enactment of the General Data Protection Regulation (GDPR) in 2018, countries around the globe have been grappling with how best to replicate the EU’s leading data privacy regulation while providing the same or greater level of transparency into data collection practices. While a mere handful of countries have legislated a singular federal data privacy regulation, the United States – the birthplace of the “dot com bubble” – has largely lagged behind in its’ response. With California’s enactment of the California Consumer Privacy Act (CCPA) in 2020, combined with the absence of federal regulation on the horizon, the United States has signaled that the country’s approach to data privacy regulation will be centered on a state-by-state strategy. It has become apparent that the burdens on international businesses operating with an online presence will be proliferated through this approach when taking into account the various country-wide frameworks being implemented in other parts of the globe. This note offers a view of those arduous burdens through the lens of businesses who have already revamped their processes for the handling of consumer data in response to the GDPR and must now integrate a new approach in light of the CCPA. In doing so, the dissimilarities between the two regulations will be highlighted and analyzed, as well as the regulatory impacts that the two premier regulations have on the larger digital marketing ecosystem as a whole. Ultimately, this note argues that when taking into account the imminent passage of new regulations both within the United States as well as around the globe, the most comprehensive solution proves to be the development of a uniform international framework – the International Data Privacy Agreement (IDPA).
      PubDate: Mon, 03 May 2021 11:08:28 PDT
       
  • Please Recognize Me: The United Kingdom Should Enact the UNCITRAL Model
           Lawon Recognition and Enforcement of Insolvency-Related Judgments

    • Authors: John A. Churchill Jr.
      Abstract: Since 1995, the United Nations Commission on International Trade Law (UNCITRAL), has been developing tools to meet the challenges of having different insolvency laws managing a single cross-border insolvency. By 1997, UNCITRAL’s Working Group V completed the Model Law on Cross-Border Insolvency. By September 2020, the original model law has been adopted by 48 countries. In Rubin v. Eurofinance SA, the U.K. Supreme Court cited a lack of authority to recognize a U.S. insolvency-related judgment in the Model Law on Cross-Border Insolvency. As a result of this decision, UNCITRAL’s Working Group V developed the Model Law on Recognition and Enforcement of Insolvency-Related Judgments. This Note intends to address this following question: does this second model law provide a statutory basis to reverse the case law established by Rubin in the U.K.' This Note will demonstrate through an analysis of this new model law that a full implementation could potentially, but not definitely, provide such a basis. There is a small risk that a judge rejecting modified-universalism will not apply the new model law as designed to fix Rubin. Further, this Note will provide suggestions on where the new model law needs further direction or clarification in order to more assuredly bring the U.K. and other relevant jurisdictions back in line with a modified-universalist approach that UNCITRAL is targeting.
      PubDate: Mon, 03 May 2021 11:08:27 PDT
       
  • The Singapore Convention on Mediation: A Brave New World for International
           Commercial Arbitration

    • Authors: Robert Butlien
      Abstract: Mediation is a form of alternative dispute resolution (“ADR”) where a negotiation is facilitated by a neutral third party. The key feature of mediation is its voluntary nature. Whether it is used to resolve a family law, employment law, or complex international commercial dispute, mediation is always valuable due to its speed, cost, and ability to maintain relationships between parties when compared to conventional litigation. Despite these benefits, international commercial mediation in particular had previously faced one notable weakness: the lack of enforceability of mediation settlement agreements (“MSA”). The United Nation’s Convention on International Mediated Settlement Agreements Resulting from Mediation (“Singapore Convention on Mediation”) looks to remedy this problem by providing a mechanism whereby international MSAs are presumptively enforceable. This Note will make the case that although this is a welcomed and overdue change for mediation, the Singapore Convention on Mediation should have been drafted to cover the enforceability of both MSAs and agreements to mediate, rather than just merely the former. Not only will this change make international commercial mediation more viable, but it will also enhance its voluntary spirit.
      PubDate: Mon, 03 May 2021 11:08:25 PDT
       
  • Will They Stay or Will They Go' An Examination of South Africa’s
           International Invest Arbitration Policy

    • Authors: Taylor Bates
      Abstract: In 2018, South Africa’s much debated Protection of Investment Act, 2015 went into effect. Designed to replace the state’s bilateral investment treaties, the Act signified a radical shift in South Africa’s attitude towards international investment policy. South Africa’s decision to terminate its bilateral investment treaties is part of a larger, ongoing discussion surrounding investor-state dispute resolution reform. This Note seeks to examine South Africa’s Protection of Investment Act, 2015, its proposal for investor-state dispute settlement reform to Working Group III, and its comments during investor-state dispute settlement reform meetings, through the lens of Albert Hirschman’s Exit, Voice, and Loyalty theory. This Note argues that, contrary to both popular belief and statements made by South Africa, South Africa’s apparent exit from the international investment regime is part of a long-term policy strategy to promote advantageous investor-state dispute settlement reform.
      PubDate: Mon, 03 May 2021 11:08:24 PDT
       
  • Directors’ Duty of Care in Times of Financial Distress Following the
           Global Epidemic Crisis

    • Authors: Leon Yehuda Anidjar
      Abstract: The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article is devoted to exploring directors' duty of care from a global perspective. In particular, I argue that the current crisis will underline the importance of the advisory role of the board of directors rather than the monitoring function, and further regulatory reforms that strengthen such capacity are expected to emerge. Furthermore, I maintain that the civil law rather than the Anglo-American law on directors' duty of care provides boards with a more expansive scope of discretion to confront the unusual challenges associated with COVID-19 because these governance regimes are tailored to the unique features of companies and markets. I apply this novel argument to different types of SMEs, mainly in family business firms and venture capital-backed firms.
      PubDate: Mon, 03 May 2021 11:08:23 PDT
       
  • Data Governance and the Elasticity of Sovereignty

    • Authors: Roxana Vatanparast
      Abstract: Traditionally, the world map and territorially bounded spaces have dominated the ways in which we imagine how states govern, make laws, and exercise their authority. Under this conception, reflected in traditional international law principles of territorial sovereignty, each state would have exclusive authority to govern and make laws over everything concerning the land within its borders. Yet developments like the proliferation of data flows, which are based on divisible, mobile, and interconnected components of data, are not territorially bounded. This presents a challenge to the traditional bases for territorial sovereignty and jurisdiction under international law, which some scholars claim is exceptional due to certain characteristics of data. The question as to how states exercise jurisdiction over, or spatially locate, a protean thing such as data, is one which deserves further exploration. By comparing the approaches of China, the EU, and the US, this Article explores how laws and regulations in this area have extraterritorial effects, thus moving away from a strict territorial approach. At the same time, they are “reterritorializing” by linking their laws on data transfers to data infrastructure, data subjects, or data controllers. This shows that states tend to repurpose their territorial sovereignty as they see fit, but this repurposing is not something which is unique to the data governance context. States have historically used a variety of justifications for the extraterritorial exercise of jurisdiction, as well as found creative ways to reterritorialize things, people, events, and processes that were not strictly territorially bounded within their borders. Thus, rather than treat regulations on data privacy and data transfers as an exceptional exercise of territorial sovereignty beyond borders, we might consider this an exemplification of yet another creative reimagination of the elasticity of sovereignty. These exercises in reimagining are significant when we consider their distributional effects and how they allocate decision-making power over governance of data, as well as how they constitute and shape political communities. The elasticity of sovereignty means that authority, governance, and decision-making are ultimately functions of power. The question is, then, how to challenge those exercises of power to repoliticize social problems rather than have them managed within “global expert regimes.”
      PubDate: Mon, 03 May 2021 11:08:22 PDT
       
  • Functional Statehood in Contemporary International Law

    • Authors: William Thomas Worster
      Abstract: The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, these quasi-state entities need to be held responsible under international law, and their populations need the benefits of human rights, among other objectives. The emerging solution is to increasingly treat quasi-states functionally as if they were states, but only for certain purposes. This approach creates a separate, relative, and functional statehood regime alongside the objective one. To date, these situations are often dismissed as merely sui generis, pragmatic solutions; however, the increasingly widespread application of a functional approach is arbitrary and calls for more coherence. This Article identifies this growing ad hoc regime and takes a first step in proposing a systematic approach to applying functional statehood.
      PubDate: Mon, 03 May 2021 11:08:22 PDT
       
  • Comity & Calamity: Deference to the Executive and the Uncertain Future
           of the FSIA

    • Authors: Michael Cooper
      Abstract: In 1976, Congress set out to remedy the haphazard and politically influenced system by which foreign states were granted sovereign immunity from United States’ courts. Its remedy was the Foreign Sovereign Immunities Act (FSIA), which explicitly put the power to determine whether a foreign state should be granted immunity from a court’s jurisdiction in the hands of the judiciary. Moreover, with some minor exceptions, the FSIA did not explicitly contemplate any involvement from the executive branch in reaching those determinations. However, given that concerns involving foreign relations inherently arise when a foreign state is sued in U.S. courts, the courts often invite the executive branch to weigh in on FSIA disputes. This Note analyzes instances of the government acting as amicus curiae at the Supreme Court level and the amount of deference the Court gave to those arguments. It considers six cases that implicate differing provisions of the FSIA and also the statute as a whole. This Note seeks to establish that the FSIA’s explicit purpose of giving the courts primacy in determining sovereign immunity decisions has been watered down in practice, and to argue that the judiciary assert itself more firmly when making these determinations.
      PubDate: Tue, 21 Jul 2020 10:46:12 PDT
       
  • Kosovo's Controversial 100 Percent Tariff: An Analysis of Its
           Imosition and the Issues Bleeding Into the Conflict Between Kosovo and
           Serbia

    • Authors: Ernira Mehmetaj
      Abstract: On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the Central European Free Trade Agreement and the Stabilization and Association Agreement. It further discusses whether Kosovo violated the same when imposing the tariff. With pressure from the international community to abolish the tariff completely, Kosovo temporary lifted the 100 percent tariff on raw materials imported from Serbia and imposed reciprocity measures. However, with this only occurring a few days after Kosovo’s Assembly passed a motion of no confidence, plunging Kosovo into constitutional chaos, the next steps Kosovo takes with regards to the tariff will weigh heavily on not only Kosovo’s future, but the international community as a whole.
      PubDate: Tue, 21 Jul 2020 10:46:08 PDT
       
  • Are Centralized Cryptocurrency Regulations the Answer' Three
           Countries; Three Different Directions

    • Authors: Rani Shulman
      Abstract: Virtual currencies have undoubtably been a topic of conversation and uncertainty for some time. Many countries have jumped ahead of the industry and regulated cryptocurrencies, while others have taken a back seat to see exactly how the market responds. This Note explores the history behind cryptocurrency and Blockchain and how governments worldwide have dealt with the growing concern regarding regulation of the often volatile and decentralized industry. By way of comparative analysis, this Note examines how China, Switzerland, and the United States have taken measures to either embrace or repudiate the industry, as well as how they have succeeded and failed at a regulatory scheme. This Note ends with a recommendation that the industry be regulated by its own constituents through a self-regulatory organization, similar to that of FINRA, and discusses whether this form of regulation can coexist with a centralized governmental authority.
      PubDate: Tue, 21 Jul 2020 10:46:05 PDT
       
  • Electromagnetic Conflict: The Implications of New Methods of Warfare and
           the Need for International Action

    • Authors: Joseph M. Nielsen
      Abstract: During the Summer of 2017, American diplomats stationed in Havana, Cuba began experiencing symptoms associated with traumatic brain injuries after hearing strange noises in the night. These symptoms ranged from mere nausea to memory loss and hearing loss. While there has been no definitive conclusion as to the cause of these symptoms, the world has speculated that American diplomats were subjected to sonic warfare by an unknown enemy whose identity has remained masked by the anonymity of this type of warfare. This Note explores the implications of sonic warfare and what the international community is able to do when battling a covert enemy. This Note also sets forth ideas to solve the problem and proposes extending current international law to explicitly bar sonic warfare from use by nations.
      PubDate: Tue, 21 Jul 2020 10:46:01 PDT
       
  • False Foods: Harmonizing the EU and US Organics Programs

    • Authors: Elizabeth G. Fudge
      Abstract: The growth of the importation and exportation of organic foods in recent years has led governments around the globe to take more aggressive approaches in overseeing and certifying such products. Currently, there is a discrepancy in how states certify and respond to non-compliance issues for imported organic products. This creates a strong need to harmonize organics programs, specifically between the EU and US programs, as they are the two largest consumers of organic products. Through auditing both the EU and US organic import programs, significant issues of non-compliance became exceedingly clear. This Note argues that the best solution for addressing current compliance issues is for the US to unilaterally adopt the EU’s organic import program, specifically the Trade Control and Expert System (TRACES) electronic certification program. The US’s implementation of the EU program would create greater harmonization globally, provide substantial benefits due to the superiority and longer history of TRACES, and would be more efficient than a multilateral agreement.
      PubDate: Tue, 21 Jul 2020 10:45:58 PDT
       
  • China's Belt and Road Initiative: An Examination of Project Financing
           Issues and Alternatives

    • Authors: August Nelson Dinwiddie
      Abstract: In 2013, China launched the Belt and Road Initiative (BRI) to realize the vision of revitalizing the ancient Silk Road. The BRI can be characterized as a vast infrastructure development initiative spanning over sixty-five countries that total almost half of the world's GDP. Since its launch, BRI projects have primarily been financed through commercial loans provided by Chinese banks, creating concerns over debt sustainability. At the top of these concerns are fears over whether participation in the BRI will lead to a "debt-trap scenaro." Public-Private Partnerships (PPPs) provide an alternative financing option. In project development under a PPP, particularly the Build-Own-Operate (BOT) and its variations, the private sector partner is responsible for financing the project, allowing governments to develop important infrastructure facilities without adding to public debt. However, only discrete assets in stand-alone projects have been developed in this manner. Since the BRI is a series of interconnected projects, exposure to project-to-project risk during the development and operation of the infrastrucuture facility can be severe. The BOT, along with many other PPP models, were not designed to absorb this level of project-to-project risk, which may contribute to its limited application within the BRI. This Note proposes the adoption of a BRI-unified framework and an idependent regulatory system to help provide more guidelines and oversight to BRI project development, which could have the effect of reducing project-to-project risk by creating more consistency and quality in PPP implementation. By mitigating this type of risk, PPPs could become a more attractive financing option. As a result, BRI debt sustainability levels could improve, and China could finally dispel the suspicion that the BRI is a thinly veiled form of "debt-trap" diplomacy.
      PubDate: Tue, 21 Jul 2020 10:45:54 PDT
       
  • An Inquiry into the Scope of MFN Provisions in Bilateral Investment
           Treaties

    • Authors: Amit Kumar Sinha
      Abstract: This article inquires into the scope of MFN treatment in Bilateral Investment Treaties. The article primarily analyzes the ways in which MFN treatment may be extended to foreign investors; this includes extending favorable treatment to a foreign investor in cases of internal/domestic measures and borrowing more favorable provisions from third-party BITs. This article attempts to shed light on the interpretation and dynamics of the use of MFN provisions for internal measures. It also delves into the rationale for borrowing provisions from third-party BITs. It further presents a critique of various tribunals’ decisions and scholarly discussions and writings that deal with the use of MFN clauses to borrow provisions from third-party BITs. Ultimately, the article suggests suitable approaches to interpret MFN provisions in BITs as per the interpretative methodologies provided under the VCLT. It argues that allowing MFN clauses to borrow provisions from third-party BITs may lead to treaty shopping, create jurisdictional problems, and promote free-ridership, which goes against the objective of any multilateral or bilateral system.
      PubDate: Tue, 21 Jul 2020 10:45:50 PDT
       
  • Constitutionalism and Africa's Agenda 2063: How to Build "The
           Africa We Want"

    • Authors: John Mukum Mbaku
      Abstract: In 2013, Africans, under the leadership of the African Union, set out to develop a “strategic framework for the socio-economic transformation of the continent over the next 50 years.” This new development program was expected to “accelerate the implementation of past and existing continental initiatives for growth and sustainable development.” This transformative program, called Agenda 2063: The Africa We Want, was officially adopted by the Assembly of Heads of State and Government of the African Union in Addis Ababa, Ethiopia in January 2015. The heart of this ambitious development initiative are seven aspirations, which Africans hope to achieve by the year 2063. Unfortunately, given the fact that most African countries currently have governing processes that are not undergirded by adherence or fidelity to the rule of law, they will not be able to contribute positively to the fulfilment of these aspirations. Consequently, robust institutional reforms must be the first step toward the implementation of Agenda 2063. Each African country must provide itself with a governing process that enhances the practice of constitutional government and constitutionalism—the latter providing the necessary enabling environment for the achievement of the goals elaborated in Agenda 2063. This especially includes peaceful coexistence of subcultures and the creation of the wealth that is needed to alleviate poverty and significantly increase the people’s quality of life.
      PubDate: Tue, 21 Jul 2020 10:45:46 PDT
       
  • A Keystroke Causes a Tornado: Applying Chaos Theory to International Cyber
           Warfare Law

    • Authors: Daniel Garrie et al.
      Abstract: Cyber warfare today finds itself on the front page of the news daily. It is increasingly apparent that the cyber domain demands more guidance, with leaders opting for the deployment of cyber capabilities to bypass kinetic warfare norms. Proposed solutions abound, but none adequately address the specific features of cyber warfare that set it apart from traditional kinetic warfare. This Article argues that a new legal framework is necessary to properly address this problem, and such a doctrine should incorporate principles of chaos theory. Chaos theory is a branch of mathematics dealing with complex systems, with the most well-known example of chaos theory being the butterfly effect, which posits that a butterfly flapping its wings in Brazil can cause a tornado in Texas. Similarly, a keystroke made in the United States can debilitate an Iranian intelligence agency, and in order to address this phenomenon, legal frameworks have to modernize to account for the features that make such consequences possible in the first place.
      PubDate: Tue, 21 Jul 2020 10:45:42 PDT
       
  • Looking to the United Kingdom to Overhaul New York State’s Paid Family
           Leave Law and Close the Global Gender Gap

    • Authors: John Pietruszka
      Abstract: The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that factor into economic participation. This can be attributed in part to the lack of effective mandatory paid parental leave policies at the state and federal levels. This Note examines how New York State, as one of a handful of states with a mandatory paid family leave policy, could more effectively implement a paid family leave regime by looking to the employee levy model similar to that used in the UK, or alternatively looking to sources of international law. It primarily considers how such legal models would offer a broader scope of eligibility, a greater amount of leave entitlement, a longer duration of coverage, and improve funding—while also benefiting employers in surprising ways. This Note seeks to contribute to the literature surrounding law reform in New York State and the greater United States by presenting an argument that the policy developments advocated for here would diminish gender-based disparities in New York State, the broader United States, and ultimately across the globe, while simultaneously benefitting US citizens.
      PubDate: Tue, 28 Jan 2020 13:29:05 PST
       
  • Third-Party Funding: The Road to Compatibility in International
           Arbitration

    • Authors: Vienna Messina
      Abstract: Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader, more wholesome approach to regulating the phenomenon. This Note posits that instead of addressing the use of third-party funding issue by issue, such as privilege, disclosure, conflicts of interest, etc., scholars and practitioners should consider whether the continued use of third-party funding will change the current procedural arbitration proceeding framework.
      PubDate: Tue, 28 Jan 2020 13:29:02 PST
       
  • The Clone Wars: The Right to Embryonic Gene Editing Under German Law

    • Authors: Keren Goldberger
      Abstract: Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not be able to stop couples from curing their future children of genetic diseases.
      PubDate: Tue, 28 Jan 2020 13:28:59 PST
       
 
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