Oregon Review of International Law : Volume 23 (2022)
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Item Open Access Short-Time Work: An Alternative to Ad Hoc Legislation for Saving Employment During Economic Crises(University of Oregon School of Law, 2022-05-04) Vida, EmilyReaders hardly need to be reminded of how the sudden onset of COVID-19 in early 2020 turned the world upside down. Countries closed their borders. Toilet paper became scarce. And hospitals in population-dense areas operated at capacity. The year 2020 also saw devastating wildfires in California and Oregon, an unprecedented election cycle, and mass protests. It was a veritable dumpster fire of a year. Besides worrying about contracting the virus, seeing loved ones die, and suffering from social isolation, many workers in the United States also had to cope with losing their jobs due to the shuttering of businesses. This Comment argues that the United States should adopt an Short-Time-Work (STW) program at the federal level instead of passing ad hoc legislation as economic crises arise. Permanent federal STW legislation would allow the government to respond more quickly to economic crises, save jobs, and maintain employment relationships, signaling to employees that they are not disposable.Item Open Access A Matter of Speech or a Matter of Safety? International Bans on Conversion Therapy and the Constitutionality of Germany’s Partial Ban for Juveniles(University of Oregon School of Law, 2022-05-04) Johnson, Zachary M.This Comment argues that the recently passed German ban on conversion therapy for juveniles would likely be deemed constitutional in the United States; accordingly, Congress should consult the German ban before introducing additional drafts of the Therapeutic Fraud Prevention Act. The substantiation for this argument is twofold. First, First Amendment protections for free speech and religious expression are not implicated in the banning of conversion therapy for juveniles because such bans concern only the regulation of conduct, not speech. Second, Fourteenth Amendment parental rights are not implicated in the banning of conversion therapy for juveniles because parents maintain no constitutional right to subject their children to harmful practices.Item Open Access I Do, I Did, I’m Done: Copyright and Termination of Transfer in Divorce(University of Oregon School of Law, 2022-05-04) Coates, SarahIn a divorce, divided assets range from the mundane—homes, cars, joint bank accounts—to the downright unusual—Nobel Prizes,stuffed animals, and even human organs. But even the strangest possessions can be equitably divided by courts. That is, perhaps, until we look to the unique area of copyrights. Copyright law raises several novel conflicts when we attempt to reconcile it with the accepted principles of marital community property and the division thereof upon divorce. This Comment will explore the rights and obligations a non-creating spouse receives when awarded copyrights in a divorce with a particular focus on termination of transfer rights.Item Open Access The Propaganda Conundrum: How to Control This Scourge on Democracy(University of Oregon School of Law, 2022-05-04) Dillon, SaraPropaganda is playing an unprecedented role in global political life. With frightening reach and ambition, political and corporate actors are using propaganda to undermine the democratic ideals of truth and transparency. Because freedom of speech is a basic right that enjoys widespread public support, and as meaningful restrictions on noxious propaganda present legal difficulties, propaganda continues to flourish as a subtle and increasingly pervasive disease, undermining the core assumptions of democratic governance. Political choices citizens make in a democratic society mean little in the absence of true and accurate information; propaganda subverts the vital link between political understanding and political choice.Item Open Access The Lukashenko Case: Is He Persona Non Grata in the Diplomatic Sense?(University of Oregon School of Law, 2022-05-04) Zhang, XiaoyangIn 2020, Alexander Lukashenko was reelected as president of Belarus. Outcry by local protesters that the election was not a fair one has arguably been crushed by Belarus’s law enforcement agency. Lukashenko was, therefore, declared persona non grata in the international sphere, principally by the European Union (EU), three Baltic states, the United Kingdom (U.K.), and Canada, all of which have created their global human rights sanctions framework in the context of the United States-campaigned Magnitsky mechanism. Referencing the Vienna Convention on Diplomatic Relations as a noteworthy piece of public international law, this Article argues that the term persona non grata is incorrectly used to describe Lukashenko’s case. Sanctioning Lukashenko lacks a causal link with conventional diplomacy. Due process is the only effective means of preempting this case from coming under the spotlight of public interest and human rights debates that are affected by geopolitical considerations.Item Open Access Is the International Criminal Court Dying? An Examination of Symptoms(University of Oregon School of Law, 2022-05-04) Smith, Stephen EliotThe International Criminal Court (ICC) has recently been derided as a dead or dying institution. This Article briefly reviews some of the signs that the ICC may be waning in effectiveness and relevance.Item Open Access Navigating International Services Trade During Health Emergencies: A Scientific Approach to Emergency Measures(University of Oregon School of Law, 2022-05-04) Zhou, Jingyuan (Joey)After the pandemic, global governance in trade and investment as we knew it is poised to change dramatically. After many governments imposed measures—often unilaterally—in an effort to contain COVID-19, international trade in services plummeted, which, in turn, negatively affected efforts to effectively combat the pandemic. Many measures with trade-restrictive effects appear to have been adopted out of an abundance of caution. Moreover, the unilateral nature of those measures has further impeded international services trade, regardless of the differences in delivery modality. These policies were often adopted without notifying other nations that would likely be negatively affected. The Article then draws analogies from the application of the proposed rules to the Sanitary and Phytosanitary Agreement (SPS Agreement) and concludes with the recognition of challenges ahead.Item Open Access Crying “Fraud” and Cost-Shifting: U.S. Foreign Trademark Application Regulation and International Trade Law(University of Oregon School of Law, 2022-05-04) Shufro, Zachary E.This Article examines new trademark regulations through the lens of the United States’ international trade obligations and considers to what extent this change in policy violates international treaty law.