Tag: INTERNATIONAL LAW JOURNAL

In the name of judicial independence, a concept whose name is nearly magical in its capacity to draw reflexive devotion, the European Union (“the Union”) and Council of Europe1 have used their bargaining power to impose nearly uniform structural systems on the most recent entrants with little regard for their own individual legal cultures and Read More …

The purpose of this Recent Development is to explain the effects of section 897 in terms of the problems it was designed to remedy. Part I will explore the methods that were used in the past by non-resident aliens and foreign corporations to avoid the payment of capital gains tax on the disposition of real Read More …

The purpose of this Note is to examine the opinions of the magistrate and court of appeals in In re Mackin, regarding the issue of whether the courts have jurisdiction to determine the applicability of the political offense exception. Part I of this Note will analyze the language of the applicable extradition statute and will Read More …

This note argues that the Copyright Act should be changed to permit compensated importation where the underlying work is out of print in the United States. Part I discusses the relevant sections of the Copyright Act and their interpretation by the courts. Part II demonstrates that compensated importation should be allowed when a work is Read More …

At the beginning of 2015, William “Leffen” Hjelte was on his way to becoming the greatest Super Smash Bros. player in the world.1 He had just won B.E.A.S.T. 5, one of the game’s most prestigious Esports tournaments.2 After his victory at B.E.A.S.T. 5, Leffen subsequently achieved status as the third ranked Super Smash Bros. player Read More …

This Note examines the need for guidelines regulating TNC activity, and the importance of formulating a principle of host state treatment that will fulfill the objectives of the Draft Code. The three views on host state treatment and the support each view finds in international law are analyzed. From this analysis, it is concluded that Read More …

This Note analyzes the PRC’s claim that, according to accepted principles of international law, it is justified in abrogating the Treaty of Nanking. The basis for the PRC’s position is that the treaty is not reciprocal in its terms and is the product of coercion. Therefore, according to the PRC, the Treaty is unequal and Read More …

The Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection estimates that approximately 450,000 tons of oil are intentionally jettisoned from ships into the world’s oceans and seas each year.1 Forty-five years ago, recognizing that such intentional discharges as well as accidental releases from ships of crude and refined oil and other Read More …

This Note argues that the importance of trademark laws to the resolution of the grey goods controversy is outweighed by the overriding public policy considerations of international free trade. Part I discusses the background of the grey goods controversy by examining the history of the controlling statutory and case law and the recent grey goods Read More …

For worse, not better, we live in a time when evidence, expertise, even reality itself, matter less than uniformed assertion. Just repeat a baseless claim often enough and sooner or later it must be true. It sadly goes without saying that this technique provides a ticket to the White House and the Executive Branch more Read More …