Oregon Review of International Law

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https://hdl.handle.net/1794/11405

The Oregon Review of International Law (ORIL) is a student-run journal of the University of Oregon School of Law that publishes articles by academics, practitioners, and students that address current legal topics in international law and policy.

Digitized issues from 1999-present are available from HeinOnline (restricted to UO community members).

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Now showing 1 - 20 of 136

Open Access
“After You”: A Comparison of International Approaches to Employing and Accommodating the Differently Abled
(University of Oregon School of Law, 2021-05-14) O’Connell, Bryan
The disabled have consistently numbered among the most impoverished, underemployed, and unemployed demographics worldwide, particularly in countries using quota systems and anti discrimination legislation alone. In the 1990s and 2000s, several law review articles focused on the prospect of an alternative “hybrid” approach to disability discrimination. In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD) that also encouraged the use of both quota systems and anti discrimination legislation. Since then, more countries have initiated a hybrid approach. Over thirty years after the United States enacted the ADA, and fifteen years after the U.N. introduced the CRPD, it appears that a hybrid system may indeed be both the most successful approach to improving employment outcomes for the disabled, and the new norm.
Open Access
Alternative Business Structures for Lawyers and Law Firms: A View from the Global Legal Services Market
(University of Oregon School of Law, 2017-09-20) Hill, Louise Lark
This Article begins by looking at formulations of law practice from a European perspective, focusing on European Union law and mandates that relate to lawyers and the delivery of legal services. The Article then examines the legal professions within specific countries, highlighting various practice configurations and the positions taken by their respective governments on law firm structures that vary from the traditionally recognized norm. Finally, I conclude in this Article that the changes now being experienced will continue to evolve, both structurally and from a regulatory standpoint. As competition in the marketplace mounts, lawyers will continue to innovate in order to gain market presence and meet client needs. However, all these changes must be accompanied by the implementation of standards to protect the core values of the profession.
Open Access
Applying Jus In Bello Proportionality to Drone Warfare
(University of Oregon School of Law, 2015-09-10) Akerson, David
This Article applies the international humanitarian law (IHL) principle of proportionality to the use of unmanned aerial vehicles (UAVs), commonly referred to as drones, by the United States military forces (U.S. Military) and the United States Central Intelligence Agency (CIA) in its armed conflicts in Iraq and Afghanistan and the “war on terror” in places such as Pakistan, Yemen, Somalia, and Mali.
Open 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?
Open Access
Bleeding Mexico
(University of Oregon School of Law, 2016-05-03) Baronich, Taylor
Since 2006, Mexicans have endured widespread corruption, torture, and over 50,000 innocent civilian deaths due to the drug wars, while the perpetrators of these aggressions have received impunity. Mexicans have turned their frustration into outrage at the most recent kidnapping and murder of forty-three students from a rural teaching college in Ayotzinapa, Mexico. Even more troubling is Mexico’s handling of the legal case against the suspects.
Open Access
Bras and Ballots: Comparing Women’s Political Participation in Pakistan and Saudi Arabia
(University of Oregon School of Law, 2014-05-13) Friedhoff, Anna
This article explores the dichotomy between women’s political participation in Pakistan and Saudi Arabia.
Open Access
The Challenges of the Mexican Intermediated Securities Holding System and Opportunities for Modernization
(University of Oregon School of Law, 2018-05-25) Dubovec, Marek; Elias, Adalberto
This Article examines the legal institutions and doctrines underlying the current intermediated system for the holding of securities in Mexico.
Open Access
The Changing Paradigm of International Tax Dispute Settlement: What Are the Promises and Challenges of Mandatory Arbitration for China?
(University of Oregon School of Law, 2020-07-01) Ji, Xueliang
Through comparing dispute resolution methods under bilateral investment treaties (BITs) and bilateral tax treaties, this Article critically discusses the advantages of incorporating mandatory arbitration in bilateral tax treaties and demonstrates that national sovereignty will not be decreased by it. As a result, the Article argues that it would, in fact, be beneficial for China to adopt the mandatory arbitration method, which would further strengthen the global reform initiated by the OECD.
Open Access
Chief Justice Dixon on Judicial Integrity: Lessons for Judges when Interpreting Constitutions
(University of Oregon School of Law, 2024-05-01) Thompson, Keith
"In this Article, I suggest that Chief Justice Dixon considered that judicial virtue did not allow any judge to follow his own lights when precedent, established custom, or constitutional convention dictated a contrary result. In later Parts of the Article, I relate Chief Justice Dixon’s famous 1952 statement about “strict and complete legalism” to both judicial integrity and freedom of religion at common law. I suggest that Chief Justice Dixon’s primary concern when he became Chief Justice was not to talk about judicial method but rather to signal judicial virtue to all Australian judges, present and future. Not only does Chief Justice Dixon provide lessons for Australian judges but for judges everywhere grappling with these issues, including those in the United States."
Open Access
Corporate Diversity 2.0: Lessons from Silicon Valley’s Missteps
(University of Oregon School of Law, 2019-02-14) Kamalnath, Akshaya
Presently, there is lack of clarity regarding the objectives of board gender diversity laws across jurisdictions. This Article reviews the current laws and regulations for corporate gender diversity across countries and finds two separate problems that current laws address. The first problem is that board effectiveness is hampered by homogeneity and the second problem is the lack of gender equality in the corporate context. However, current gender diversity laws do not address either of these issues individually. Instead, there is a conflation of both these issues, because of which the laws are only able to provide superficial solutions. To appropriately tailor the board gender diversity laws to the two problems, this Article argues a move toward a revised framework, or “corporate diversity 2.0.” Specifically, the Article focuses on the second problem of the lack of “gender equality” and argues that it should be framed more broadly as equality at the workplace rather than merely on the corporate board.
Open Access
The Costs of Freedom: New Institutional Comparison of China’s and the U.S.’s Responses to the Financial Collapse
(University of Oregon School of Law, 2014-05-13) Davis, Kent F.
Following the financial collapse of 2008, both China and the United States implemented stimulus plans to minimize adverse market performance. Arguably the vertically integrated institutional structure of China produced a timely and homogenous plan that stimulated market performance. Conversely, the decentralized institutional structure of the United States produced a plan that was delinquent, discordant, and inefficacious. In other words, China’s stimulus plan had a closer fit between means and ends.
Open Access
The Critical Date and the Dispute over Islands in the Strait of Hormuz: Abu Musa and the Tunbs
(University of Oregon School of Law, 2024-05-01) Rossi, Christopher R.
An intractable sovereignty dispute over three Lower Gulf Islands in the Strait of Hormuz, a critical energy chokepoint, prompts a reconsideration of the ambiguities and tensions associated with international legal mechanisms to establish title to territory. Vagaries of history and competing narratives inform parochial perspectives of the disputants, the United Arab Emirates (UAE) and Iran, but tend to focus decision-maker attention on establishing a critical date on which to assess competing claims. This Article interrogates the significance of the critical date, noting its ontological development and shortcomings, and problematizes the significance of the critical date considering complexities associated with international law’s reliance on effectivités. Liberal internationalism’s chimerical emphasis on finality cannot escape the tensions associated with letting bygones be bygones through reliance on the critical date.
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.
Open Access
Data Exclusivity for Pharmaceuticals: Was It the Best Choice for Jordan Under The US-Jordan Free Trade Agreement?
(University of Oregon School of Law, 2016-08-01) Armouti, Wael; Nsour, Mohammad F.A.
Article 39.3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) requires that all members of the World Trade Organization (WTO) take measures to protect the confidential test data submitted by originator pharmaceutical companies as a part of their bid to attain regulatory approval for New Chemical Entities (NCEs). Specifically, members must protect this data against “disclosure” and “unfair commercial use.” Essentially, this broad prescription in Article 39.3 gives WTO members the freedom to set their own rules by allowing them to interpret the Article’s principal terminology and, further, by permitting WTO members to choose the proper approach with which to implement this article.
Open Access
Defending the Principle of Legality in Afghanistan: Toward a Unified Interpretation of Article 130 to the Afghan Constitution
(University of Oregon School of Law, 2017-09-20) Hashimi, Ghazi
The 2004 Constitution of Afghanistan is one of the main sources of criminal law in the country, not because it defines crimes and punishments, but because it establishes the fundamental, individual rights and liberties that impact criminal law and procedure. Among these is the principle of legality, as expressed in Article 27 of the Afghan Constitution. The principle of legality is the doctrine that no person shall be held criminally liable for any conduct unless a statute criminalizing that conduct precedes it. This doctrine is based on the idea that it would be unjust to announce that an act is illegal, or increase the degree of punishment for a crime, after that act has been committed. This doctrine however is complicated by Article 130 of the Afghan Constitution, in which courts are directed to use Hanafi Fiqh (jurisprudence) to fill in the statutory gaps when no provision in the Constitution or other Afghan statutes offers a path to justice. This Article explains that, based on Article 130, many criminal courts have used Hanafi jurisprudence to justify convicting individuals for crimes or subjecting individuals to punishments that exist under certain interpretations of Hanafi jurisprudence, but the crimes and punishments are not codified in the Afghan Criminal Code. This Article argues that these interpretations of Article 130 not only violate the principle of legality set forth in Article 27 of the Afghan Constitution, but also contradict international criminal law including the principles of the Rome Statute of International Criminal Court. In addition, this Article asserts that differences in judicial training are at the root of why some jurists interpret Article 130 to allow for this level of discretion and some do not.
Open Access
Deferring to the Dead: A Uniquely American Approach to Providing for Posthumously Conceived Children
(University of Oregon School of Law, 2016-08-01) Shuler, Kayleigh S
In this paper, I will conclude that the state legislatures should uniformly allow posthumously conceived children to inherit from their deceased parent which will, in turn, allow courts to extend Social Security and other benefits to these children. By comparing the purposes underlying U.S. inheritance law to the purposes underlying French inheritance law, I will demonstrate that uniform inheritance for these children is consistent with the U.S.’s approach throughout the intestacy system.
Open Access
The Development of Copyright Law and the Transition of Press Control in China
(University of Oregon School of Law, 2015-09-10) Song, Hongsong
This Article uses the development of China’s copyright legislation and regulations to illustrate the relationship between copyright and press control in contemporary China.
Open 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.
Open Access
The Doctrine of Appropriation and Asteroid Mining: Incentivizing the Private Exploration and Development of Outer Space
(University of Oregon School of Law, 2016-05-03) Meyers, Ross
New international legislation that allows for commercial claims over celestial bodies like asteroids is necessary to incentivize and regulate space exploration. Society has a strong interest in the exploration and development of space, especially in modern times when space and minerals are in short supply. In order to advance the development of space, the international community must change.
Open Access
Due Process of Law as Resistance: Dialogue, Empire, and Rule of Law Promotion in the Philippines
(University of Oregon School of Law, 2019-06-19) Dela Cruz, Alexis Ian P.
This article argues that the coercive imposition of the rule of law in an imperial and developmental context resulted in the failure of due process of law to protect individuals against the arbitrariness of the exercise of state power.