Oregon Review of International Law : Volume 21 (2020)
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Item Open Access Fishing for Solutions: Pacific Northwest Atlantic Salmon Fish Farming in the Wake of the Cooke Aquaculture Net-Pen Collapse(University of Oregon School of Law, 2020-07-01) Dougill, AshleighOn August 19, 2017, a net-pen fish farm belonging to international fishing company Cooke Aquaculture collapsed. The collapse released as many as 263,000 non-native Atlantic salmon into the Puget Sound, which significantly affected the surrounding environment and beyond. In the months that followed, the state of Washington and the province of British Columbia (B.C.)—the two most directly affected regions in the Pacific Northwest—responded both legally and politically. Although the collapse had similar ecological and environmental impacts on Washington and B.C., each region’s differing legal responses directly affected its ability to mitigate future fish spills.3Item Open Access Legal Impediments to Banking Services for Recreational Cannabusinesses: Comparing Oregon to Canada(University of Oregon School of Law, 2020-07-01) Daigle, Suzanne K.Recreational cannabis’s recent spike in popularity necessitates cannabis law reform, especially in regard to cannabis banking services—in both the United States and Canada. Canada’s legalization of recreational cannabis could help inspire cannabis law reform at the federal level in the United States, thereby increasing cannabis business (cannabusiness) owners’ access to reliable banking options in both countries. This Article examines how the legal, regulatory framework for providing banking services for cannabusinesses in Oregon and Canada prevents legitimate cannabusinesses from thriving and suggests future possibilities for improving the existing framework.Item Open Access Nonconsensual Pornography: Criminal Law Solutions to a Worldwide Problem(University of Oregon School of Law, 2020-07-01) Armesto-Larson, BrooklynnThis Article discusses the current barriers faced by victims of nonconsensual pornography when their perpetrators are in other countries.Item Open Access Increasing Confidence in the Liberian Judiciary: A Shift in the Dispensation of Justice(University of Oregon School of Law, 2020-07-01) Bright, U-Jay W.H.S.The judicial branch of Liberia is experiencing tremendous reforms ranging from increments in salaries, allowances, technical training, and infrastructure development. However, the question that haunts the public is: why is public perception about the judiciary still low amid these tremendous reforms? This Article is a study on strategies that can improve the image and confidence of the Liberian judiciary.Item 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, XueliangThrough 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.Item Open Access The “One Belt, One Road” Initiative as Regional Public Good: Opportunities and Risks(University of Oregon School of Law, 2020-07-01) Sheng, JinThis article maps the supply and demand of the Asian infrastructure market, the imbalance between supply and demand for infrastructure investment, and the landscape of competing development visions.Item Open Access International Enforcement Cooperation in Cases of Cross-Border Market Misconduct in View of Regulatory Gaps and Overlaps(University of Oregon School of Law, 2020-07-01) Yamamoto, MasamichiAn increase in cross-border securities transactions has resulted in a heightened need for international cooperation. Many issues, however, may arise when multiple securities regulators simultaneously try to enforce their securities regulations. This Article focuses on one of these issues, regulatory overlaps and gaps, and proposes how securities regulators change the current cooperation framework.Item Open Access U.S. Corporate Liability Under the Alien Tort Statute After Jesner v. Arab Bank, PLC(University of Oregon School of Law, 2020-07-01) Song, Doori C.Global corporations breathed a sigh of relief when the United States Supreme Court held in Jesner v. Arab Bank, PLC, that foreign corporations could not be defendants in suits brought under the Alien Tort Statute (ATS). The Jesner Court’s decision, however, did not determine whether domestic corporations may be namable defendants in ATS cases. Whether victims of human rights violations can initiate ATS suits against U.S. corporations is now a question of much debate. This Article argues that U.S. corporations should be namable defendants in ATS lawsuits because such litigation (1) is consistent with the text, purpose, and history of the ATS; (2) involves enough of a domestic nexus to overcome the presumption against extraterritoriality; (3) would not substantially endanger U.S. foreign relations; and (4) would be consistent with several circuit court decisions that recognize U.S. corporations as ATS defendants under the theory of civil aiding and abetting.