Oregon Review of International Law : Volume 24 (2023)

Permanent URI for this collection

https://hdl.handle.net/1794/28265

Browse

Browsing Oregon Review of International Law : Volume 24 (2023) by Issue Date

Filter results by year or month
Now showing 1 - 7 of 7
  • Thumbnail Image
    ItemOpen Access
    Asynchronous Online Courts: The Future of Courts?
    (University of Oregon School of Law, 2023-05-05) Xi, Chen
    Asynchronous online courts combine the features of the current online court and online dispute resolution (ODR), allowing the public to communicate online asynchronously. Canada, the United Kingdom (U.K.), Singapore, and China have established various asynchronous online courts, and the new courts are highly likely to become the next generation of online courts. However, there are challenges against asynchronous online courts, as the new courts might violate the principle of direct and verbal trial, lead to paper hearings rather than oral trials, exclude those who cannot access the Internet, provide less transparency, impair court majesty, and create a mass of frivolous cases. Should asynchronous online courts be established and popularized?
  • Thumbnail Image
    ItemOpen Access
    Truth and Reconciliation: Restorative Justice, Accountability, and Cultural Violence
    (University of Oregon School of Law, 2023-05-05) Miller, Kimbirlee E. Sommer
    Hundreds of thousands of Indigenous North American children were forcibly removed from their homes and held in large residential boarding schools to force tribal assimilation into White culture. Laws like the Indian Civilization Act Fund of 1819 in the United States compelled attendance for Native children, some as young as four years old, at year-round institutions far away from their homes and families. The children were systematically stripped of their culture and identities, forbidden to celebrate their own heritage, and prohibited from speaking their own Native languages. At many of these institutions, children were subjected to horrific abuse. This Comment will focus on atrocities committed at residential schools for Native American children in Canada and the United States, the efficacy of the Truth and Reconciliation Commission of Canada (TRC) in addressing these atrocities, and whether this model would be effective in the United States.
  • Thumbnail Image
    ItemOpen Access
    Politico-Legal Inter-State Disputes: Should the United Nations International Law Commission Be Requested to Commence Studies on the “Opportunities for Holistic Dispute Settlement?”
    (University of Oregon School of Law, 2023-05-05) Chigara, Benedict Abrahamson
    This Article recommends a review of the jurisdictional provision of the International Court of Justice (ICJ) to ensure internal logical coherency of the assumptions that underpin the jurisdictional mandate of the ICJ. The benefits would include the enhancement of clarity and logic both in the ICJ statutory provisions and in the practice of the court. They would ensure certainty between the literal and textual clarity of the Statute of the International Court of Justice and the actual practice of the ICJ. Article 38 of the Statute of the International Court of Justice is widely regarded as the basis for international law generally.
  • Thumbnail Image
    ItemOpen Access
    Through a Crow-Tit and a Stork: Humanizing Poverty in Japan
    (University of Oregon School of Law, 2023-05-05) Kamio, Kiyoko
    This Article describes the author's endeavor as a legal educator to humanize poverty, making it more relevant to a nonlegal audience both on and beyond the university campus.
  • Thumbnail Image
    ItemOpen Access
    TikTok v. Trump: The “Renegade” of Digital Fair Trade
    (University of Oregon School of Law, 2023-05-05) Willson, Lindsay
    This Comment seeks to comprehensively describe the TikTok controversy by highlighting the widening gap between digitization and the shortcomings of international digital trade policy.
  • Thumbnail Image
    ItemOpen Access
    Restricting Scientific Legitimacy in the Age of Biotechnology?
    (University of Oregon School of Law, 2023-05-05) Smith, George P., II
    This Article investigates the steps which need to be undertaken in order to ensure that scientific conduct is legitimized—and thereby recognized—as indispensable for global peace and progress. Contemporary philosophy of science embraces the positive value of scientific investigations that are not only useful and practical but also, at the same time, view biotechnology as a tool for viewing the whole of life in a positive, affirming way. Such a philosophy must seek to accommodate what may be seen as a shared partnership rather than codify an absolute sovereignty of science.
  • Thumbnail Image
    ItemOpen Access
    Differing from “Us” in Religion, Customs, and Laws: The Philippines, Labor Migration, and United States Empire
    (University of Oregon School of Law, 2023-05-05) Monthey, Tanya
    Many industries in the United States have historically relied upon and continue to recruit and exploit workers from the Philippines. This trend reflects the supply and demand structures of labor migration first established when the Philippines was a colonial holding of the United States. The development of the Philippine economy cannot be divorced from its colonial relationship with the United States. Even after formal Philippine independence, the United States controlled the government and economy of the islands. By examining the colonial relationship between the United States and the Philippines, this Comment attempts to explain why political action, popular support, and global sympathies have failed to result in meaningful legal protections for Filipino laborers. Despite widespread and ongoing political action, Filipino laborers continue to be among the most exploited in the international labor market, a fact that is made glaringly obvious in the insecure times of a global pandemic.
©2023 University of Oregon School of Law