Category: Articles
Article
Combating Censorship in China: Forcing China’s Hand Through the WTO and Collective Action, Vol. 53
Simon K. Zhen
The advent of the Internet was once seen as a democratizing force and a symbol of freedom. But today, it has not lived up to this promise in many authoritarian states, like China. The Chinese government has used the Internet to effectively maintain a status quo bias. Specifically, China’s sophisticated censorship infrastructure enables the government…
Apr 2022
Article
FCPA Jurisdiction Clauses in Defense Contracts and a Proposal for a State-to-State Approach Alternative, Vol. 53
Jaemin Lee & I.Y. Joseph Cho
Coping with corruption has emerged as a critical task of the global community. In this milieu, the Foreign Corrupt Practices Act (FCPA) is arguably an important contribution to the global fight against corruption. At the same time, however, robust application of the FCPA revealed various legal issues and problems.
Apr 2022
Article
“Charming Betsy” and the Constitution, Vol. 53
Shelly Aviv Yeini & Ariel L. Bendor
One of the main disputes in regard to how courts should interpret the federal Constitution pertains to the legitimacy of relying on international law in constitutional interpretation. This Article examines the interpretative status of international law, in general, and the controversy over the use of international law in constitutional interpretation, in particular. The Article offers…
Mar 2022
Article
“Jurisdictional Immunities” and “Certain Iranian Assets”: Missed Opportunities for Defining Sovereign Immunity at the International Court of Justice, Vol. 53
Ylli Dautaj & William F. Fox
Recently, in the case of Certain Iranian Assets, the ICJ was presented with a magnificent opportunity to rework, clarify, and enhance the troubled doctrine of sovereign immunity, especially with regard to immunity from execution. The authors believe that the ICJ had a singular opportunity—just as it did in the Jurisdictional Immunities case in 2012—to broaden…
Mar 2022
Article
Victims and Prosecutors: Clientelism, Legalism, and Culture at the International Criminal Court, Vol. 53
Stephen Cody
Prosecutors at the International Criminal Court (ICC) have a dual mission: hold perpetrators accountable for grave international crimes, and deliver justice to victims. To fulfill these mandates, the Office of the Prosecutor must navigate dynamic understandings of justice in disparate post-conflict societies. Yet, few empirical studies have investigated how culture—viewed as a resource for navigating…
Mar 2022
Article
Toolkit or Tinderbox? When Legal Systems Interface Conflict, Vol. 53
Christie S. Warren
Toolkit or Tinderbox? The collapse of justice might manifest metaphorically. For example, in November 1985, a guerrilla group frustrated by the government’s violation of a ceasefire stormed Colombia’s Palace of Justice and held all twenty-five of the nation’s Supreme Court justices—along with hundreds of civilians—hostage. In March 2017, more than thirty years later, judges and…
Oct 2021
Article
The Diffusion of the Sandbox Approach to Disruptive Innovation and Its Limitations, Vol. 53
Chang-Hsien Tsai, Ching-Fu Lin & Han-Wei Liu
Faced with the challenges posed by disruptive technologies and innovations, many countries have adopted different regulatory approaches, institutional structures, and norms to maximize benefits and mitigate risks. Among such regulatory endeavors, the regulatory sandbox, first adopted by the United Kingdom in its financial sector, stands out as a prominent mechanism to strike a balance between…
Oct 2021
Article
Transitional Justice Cascades, Vol. 53
Aleksandar Marsavelski & John Braithwaite
Despite the enormous development of international criminal justice after the Cold War, disappointment with it has never been greater. The International Criminal Court (ICC) faces criticism from all sides. The facts speak for themselves: in nearly twenty years, and having spent approximately €1.5 billion, the ICC secured only three core criminal convictions. At the same…
Oct 2021
Article
Judicial Legitimation in China, Vol. 53
Benjamin Minhao Chen & Zhiyu Li
Courts have emerged as vital policymaking bodies of the People’s Republic of China. Chinese courts do not only adjudicate individual cases; they also operate as quasi-legislative bodies by promulgating interpretations on a wide range of fields and subjects. These judicial interpretations—issued in the absence of a live case or controversy— have come to acquire the…
Oct 2021
Article
Data Protection by Design? A Critique of Article 25 of the GDPR, Vol. 53
Ari Ezra Waldman
Europe’s General Data Protection Regulation (GDPR) took effect on May 25, 2018. Article 25, titled, “Data Protection by Design and by Default,” purports to incorporate the concept of “privacy by design” into European data protection law. This Article challenges that common presumption. Although privacy by design is not a new doctrine, having been the subject…
Apr 2021