Category: Articles
Article
TikTok: The Clock is Ticking on Online Copyright Infringement, Vol. 56.1
Alex Lefkowitz
Background On January 1st, 2021, a new blanket licensing system was established by the Music Modernization Act. This system, facilitated by the Mechanical Licensing Collective, is one of many steps in the ongoing battle to distribute royalties to their rightful copyright owners across the globe. Historically, songwriters and musicians received mechanical royalties every time their…
Aug 2023
Article
Holding Back the Tiers: Can FINRA Benefit From India’s Tiered Arbitration Mechanism?, Vol. 56.1
Evangeline Charles
“The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried.” — U.S. Supreme Court Justice Sandra Day O’Connor Alternative Dispute Resolution (ADR) refers to a variety of processes and techniques…
Aug 2023
Article
The Other War Russia is Waging: Putin’s Attack on LGBTQ+ Rights Villainizes Individuals in His Campaign Against Western Values, Vol. 56.1
Brianna Ramos
Introduction Following its restrictive 2013 anti-LGBT propaganda law, which liberally punished what Russia calls “the promotion of non-traditional sexual relationships to minors,” the Russian government signed into law on December 5, 2022, an anti-LGBT bill expanding criminal liability for the dissemination of “LGBT propaganda” amongst adults. While the 2013 law restricted displays of homosexual lifestyles…
Aug 2023
Article
The Intervention of Constitutional Courts in International Investment Law: The Case of Colombia, Vol. 54
Alejandro Linares-Cantillo
Binding international investment arbitration allows a private foreign investor, as a third-party beneficiary of an international treaty, to have direct standing to sue a host State before an institutionalized or ad hoc international investment tribunal (Investor-State Dispute Settlement or ISDS) and claim damages from a breach of certain substantive protection standards, which are contained in…
Aug 2022
Article
Vertical Law and Development, Vol. 54
Ngọc Sơn Bùi
Drawing on the scholarship on the transnational legal process and the diffusion of international law, this Article conceptualizes and illustrates vertical law and development. Vertical law and development refers to a transnational legal process whereby a state or institution integrates norms of public international law into international economic law which may then be adopted in…
Aug 2022
Article
Fake News in International Conflicts: A Humanitarian Crisis in the Post-Truth Era, Vol. 55
Fu Kwong-or Ricky
Introduction “World War III is coming,” is it ‘fake news’? On February 24, 2022, Russia launched a large-scale invasion of Ukraine, or “special military operation,” three days after Russia officially recognized the Donetsk People’s Republic and the Luhansk People’s Republic. Shortly after the whole world witnessed the largest military conflict in Europe since World War…
Jul 2022
Article
When International Disasters Affect Technology Transfer: Where is International Law?, Vol. 55
Federica Cristani
Natural disasters may have devastating impacts on human life, the economy, and environment of the affected states. This article focuses on the economic consequences of natural disasters for affected states, particularly regarding technology transfers. In addition, this article examines the relevant regulatory framework of reference at the international level, with a mapping of technology transfer…
May 2022
Article
The Diversity of Womanhood and All of God’s Creatures: Addressing Challenges in the Protection of Women’s Religious Freedoms Using a Novel Classification, Vol. 53
Cochav Elkayam-Levy
The protection of women’s right to freedom of religion or belief presents many challenges to liberal states. Yet, this fundamental right of women has not been recognized as such in global treaties. Women’s entitlement to this right is a neglected matter in international law. When reference is made to the liberty to manifest religion, states…
Apr 2022
Article
Resolving the Paradigmatic Gap Between the Human Right to Water in a Transboundary Context, and the Transboundary Water Management Regime, Vol. 53
Mariana Simón Cartaya
A search in databases chronicling transboundary freshwater conflicts worldwide will lead to such results as “Assyrian king dries up enemy’s wells”; “Spain attempts to re-route Rhine River to harm Dutch”; “Ethiopia and Somali nomads fight for desert water “; and “[eleven] deaths attributed to ongoing conflict between herdsmen and farmers.” These results illustrate that just…
Apr 2022
Article
De-recognition of States: The Case of Kosovo, Vol. 53
Tatjana Papić
The literature on the recognition of states, a foundational topic of public international law, is truly vast. But the literature on de-recognition, the withdrawal of recognition once given, is measured, not in books, but in paragraphs. This is the first Article to systematically explore the question of de-recognition. It does so by examining a peculiar—indeed,…
Apr 2022