Oregon Review of International Law : Volume 20, Number 2 (2019)
Permanent URI for this collection
Browse
Recent Submissions
Now showing 1 - 10 of 10
Item Open Access Taxing the Blockchain: How Cryptocurrencies Thwart International Tax Policy(University of Oregon School of Law, 2019-06-19) Molloy, BenjaminThis Comment will examine the underlying technology behind cryptocurrencies and the inherent regulatory challenges the technology produces. It will focus primarily upon the anonymous nature of cryptocurrency transactions, the international structure of cryptocurrency markets, and the current tax framework governing cryptocurrencies.Item Open Access Unicorns of the Sea: Narwhals and Arctic Cruise Ship Tourism(University of Oregon School of Law, 2019-06-19) Lewis, Lauren C.Charismatic megafauna are publicly cherished animals used by environmentalist groups to promote environmental goals—as seen with the World Wildlife Fund using giant pandas to campaign for conservation and The National Geographic using polar bears in promotions to popularize an awareness of climate change. This Comment discusses why narwhals should be the charismatic megafauna used in an international campaign to represent the environmental needs of the Arctic Ocean.Item Open Access Law, War, and Four Modes of Conflict(University of Oregon School of Law, 2019-06-19) Brazeal, GregoryBook review of : THE INTERNATIONALISTS: HOW A RADICAL PLAN TO OUTLAW WAR REMADE THE WORLD. Oona A. Hathaway and Scott J. Shapiro. New York, NY: Simon & Schuster, 2018.Item Open Access The Expansion of DPH Regarding Emerging Technological Weapons(University of Oregon School of Law, 2019-06-19) Luedtke, MorganThe specific focus of this Article is the way in which civilians interact with modern warfare, namely emerging technological weapons. New weapons that change the way war is carried out are being produced, thus creating a need to change the rules of war themselves. The civilians who interact with these weapons from the time they are designed until the time they are used in an armed conflict can be considered to be participating in hostilities. However, is the connection direct enough to make them direct participators in the hostilities, thus becoming targetable civilians?Item Open Access Internationalizing Legal Briefs: A Survey of Supreme Court Jurisprudence(University of Oregon School of Law, 2019-06-19) FitzGerald, EvanThis Article proposes a new way to approach citations to international law by using the “Brandeis International Brief,” a template for drafting effective citations. By providing a practical six-step guide that highlights the use of citation from international and commonwealth legal traditions, and the power of favorable amicus briefs, practitioners can increase their chances of success that the Court will consider international issues raised in a brief. This template benefits from the analysis of numerous factors that affect why and how the Court treats international law.Item Open Access The Right to Regulate in Africa’s International Investment Law Regime(University of Oregon School of Law, 2019-06-19) Chidede, TalkmoreThis article seeks to examine the contemporary international investment law framework of Africa to determine whether such framework preserves host states’ right to regulate investment in public interest.Item Open Access Theoretical Challenges to TWAIL with the Rise of China: Labor Conditions Under Chinese Investment in Pakistan(University of Oregon School of Law, 2019-06-19) Azeem, MuhammadThis article challenges the presumptions of Third World Approaches to International Law (TWAIL) scholarship by examining the rise of China, a “non-European” country, in the global economic order. Is Chinese capital separate from structurally-entrenched global capital often considered Western? Is China going to use the already established hegemony of “universal” and “positivist” international legal regimes to further global exploitation, marginalization, and exclusion? Will the dependent state and local elite of the Third World countries resist such exploitation? This Article reflects on these questions by addressing labor conditions under Chinese investment in Pakistan.Item Open Access Reframing the Problem of Statelessness: Quest for a Supra-Legal Perspective(University of Oregon School of Law, 2019-06-19) Reddy, Sahana; Ramaprasad, ArkalgudAny democratic state must internalize and be sensitive to the human rights of susceptible groups. Most successful democracies seem to have realized this paramount goal, though reality presents a contradictory proposition where a considerable amount of people are still deprived of the mainstream protective umbrella of legal and social regimes. One such group that can often be excluded from the ideological basis of human rights discourse is stateless persons.Item 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.Item Open Access Introduction to Third World Approaches to International Law (TWAIL Singapore)(University of Oregon School of Law, 2019-06-19) Stone, Ashley MThe following four articles are a sample of papers from a conference held at the National University of Singapore Law entitled “Third World Approaches to International Law (TWAIL Singapore).” The conference took place on July 19–21, 2018.