ARTICLE
Data Protection by Design? A Critique of Article 25 of the GDPR
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…
21 Apr 2021
ARTICLE
The Diffusion of the Sandbox Approach to Disruptive Innovation and Its Limitations
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…
26 Oct 2021
Society’s New Frontier – Cybersecurity, Privacy and Online Expression
Len Kennedy
The following is a written adaptation of the opening speech for the 2019 Symposium. To the Journal’s editorial board, the presenters, commentators, audience, and most importantly, the sponsors, I hope you find inspiration in the Symposium’s presentations. The articles presented in this issue touch on important aspects of some very difficult problems— problems that grow…
22 Apr 2021
ARTICLE
Corporations on Blockchain: Opportunities & Challenges
Alexandra Andhov
Blockchain technology has the potential to change the way corporations are managed and how they function. A system that offers greater decentralization and ability for shareholders to more actively and accurately engage in decision-making processes will be fundamental for modern corporate governance. We observe that shareholders in recent years have become more active and interested…
12 Apr 2021
Defamation in International Law: The Legal Implications of Trump Calling COVID-19 “Chinese Virus”
Geeta Moni & Raghav Srinivas
On March th 2020, President Donald Trump retweeted a tweet referring to the COVID-19 virus as “Chinese Virus.” This sparked a massive, worldwide response both for and against the term. It has led to the increased use of “#Chinesevirus“ on Twitter and sparked significant anti-China sentiments. It has not only affected US-China trade relations but…
22 Nov 2020
ARTICLE
Water Wars and the U.N. Watercourses Convention: The Indo-Pak Story
By: Suchita Uppal and Zaid Wahidi
1 Oct 2020
The Colombian Tale of Two Legal Revolutions
Santiago Garcia-Jaramillo & Daniel Currea-Moncada
This Article focuses on a case study of Colombia’s judicial system by discussing the scope and competence of courts when facing legal revolutions. The term “revolution” is defined narrowly to mean the process of altering an existing constitutional system—either through constitutional amendments, or outside of such process—in order to achieve legal and social transformations. With…
1 Oct 2020Older posts
Toolkit or Tinderbox? When Legal Systems Interface Conflict
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
The Diffusion of the Sandbox Approach to Disruptive Innovation and Its Limitations
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
Transitional Justice Cascades
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
Judicial Legitimation in China
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