{"title":"Paving a New Pathway to Permanent Residency: A Canadian-Inspired Proposal for International Students, Undocumented Immigrants, and the United States","authors":"J. Walker","doi":"10.18060/27374","DOIUrl":"https://doi.org/10.18060/27374","url":null,"abstract":" \u0000 \u0000 ","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"317 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133857453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reclaiming America as the Land of Opportunity: How International Law Can Help the United States Increase Employment for Persons with Intellectual Disabilities","authors":"Jacob M. Amstutz","doi":"10.18060/26853","DOIUrl":"https://doi.org/10.18060/26853","url":null,"abstract":"","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132624480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Over the past four decades, Intellectual Property (IP) has been one of the main controversies of US-China trade relations. But the current US-China trade war contains a new focus – technology transfer. This article adopts a socio-legal and economic approach to examine the current technology and trade tensions between these two countries and why China became an Information Technology (IT) powerhouse. It first provides an overview of IP and technology transfer rules under the Phase One US-China Economic and Trade Agreement (POA). It then explores different forms of forced technology transfer activities and the in-depth reasons for the US to shift its main IP concerns from IP enforcement to technology transfer. It explains why the US and China trade war is inevitable, why the current US-China IP-trade war is significantly different from previous ones, and the economic and political reasons behind the global technology leadership competition by the two countries. Finally, the author concludes that the POA and its technology transfer rules are not the ends of the game but just the start of the global technology leadership competition between the US and China.
{"title":"The Political Economy of Technology Transfer Rules of the US-China Phase One Trade Agreement: Competition of Global Technology Leadership","authors":"G. Tian","doi":"10.18060/26852","DOIUrl":"https://doi.org/10.18060/26852","url":null,"abstract":"Over the past four decades, Intellectual Property (IP) has been one of the main controversies of US-China trade relations. But the current US-China trade war contains a new focus – technology transfer. This article adopts a socio-legal and economic approach to examine the current technology and trade tensions between these two countries and why China became an Information Technology (IT) powerhouse. It first provides an overview of IP and technology transfer rules under the Phase One US-China Economic and Trade Agreement (POA). It then explores different forms of forced technology transfer activities and the in-depth reasons for the US to shift its main IP concerns from IP enforcement to technology transfer. It explains why the US and China trade war is inevitable, why the current US-China IP-trade war is significantly different from previous ones, and the economic and political reasons behind the global technology leadership competition by the two countries. Finally, the author concludes that the POA and its technology transfer rules are not the ends of the game but just the start of the global technology leadership competition between the US and China.","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129174349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Too Young for the System: What the United States Can Learn from International Law on the Minimum Age of Criminal Responsibility","authors":"Madison Duncan","doi":"10.18060/26854","DOIUrl":"https://doi.org/10.18060/26854","url":null,"abstract":"","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121604578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the course of the last year Italy was confronted with the unusual request from the Vatican City to extradite an Italian national to face charges of embezzlement and misappropriation of Holy See funds. The Holy See requested the extradition of Cecilia Marogna, a self described intelligence analyst and private spy from Sardinia, who worked for Cardinal Angelo Becciu, a senior Vatican official who was demoted over embezzlement claims. The case has received considerable press coverage and attention through print and online media worldwide, not least because of its numerous twists and turns such as the arrest of Marogna in Milan on an Interpol warrant issued at the Holy See’s request, the sudden drop of the extradition request by the Vatican authorities, and Italy’s highest court ruling thatCecilia Marogna never should have been arrested before a court evaluated whether she could be extradited. The aim of this Article is to explore whether the extradition of an Italian national, from Italy to the Vatican, unlike what has been claimed by Marogna’s defense lawyers and implicitly accepted by the Vatican authorities that dropped the extradition request, is instead possible. The thesis defends this possibility regardless of the absence of a bilateral extradition treaty between Italy and the Vatican and of an ad hoc extradition agreement between Italy and the Holy See. But this is only provided that the request for extradition concerns an Italian citizen convicted or accused of corruption-related crimes like Cecilia Marogna. This Article will proceed as follows: after an introduction,Section 1 will discuss and reject an argument that infers a prohibition of extradition from Italy to the Vatican from the wording of Article 22 of the Lateran Treaty of 1929. Sections 2 and 3 will consider and exclude that an obstacle to extradition from Vatican City to Italy may be inferred from the poor quality of the criminal justice system in Vatican City or from the authoritarian character of the Vatican’s internal legal order that is only presumed but not demonstrated. Finally, Section 4 will claim and argue that a proper duty toextradite persons not only from the Vatican to Italy but also from Italy to the Vatican should be inferred from Articles 43 to 49 of the United Nations Convention against Corruption (UNAC) of which both Italy and the Vatican City/Holy See are bound as contracting parties.
{"title":"Extraditing Persons from Italy to Vatican City: Chimera or Real Possibility?","authors":"F. Seatzu","doi":"10.18060/26851","DOIUrl":"https://doi.org/10.18060/26851","url":null,"abstract":"In the course of the last year Italy was confronted with the unusual request from the Vatican City to extradite an Italian national to face charges of embezzlement and misappropriation of Holy See funds. The Holy See requested the extradition of Cecilia Marogna, a self described intelligence analyst and private spy from Sardinia, who worked for Cardinal Angelo Becciu, a senior Vatican official who was demoted over embezzlement claims. The case has received considerable press coverage and attention through print and online media worldwide, not least because of its numerous twists and turns such as the arrest of Marogna in Milan on an Interpol warrant issued at the Holy See’s request, the sudden drop of the extradition request by the Vatican authorities, and Italy’s highest court ruling thatCecilia Marogna never should have been arrested before a court evaluated whether she could be extradited. The aim of this Article is to explore whether the extradition of an Italian national, from Italy to the Vatican, unlike what has been claimed by Marogna’s defense lawyers and implicitly accepted by the Vatican authorities that dropped the extradition request, is instead possible. The thesis defends this possibility regardless of the absence of a bilateral extradition treaty between Italy and the Vatican and of an ad hoc extradition agreement between Italy and the Holy See. But this is only provided that the request for extradition concerns an Italian citizen convicted or accused of corruption-related crimes like Cecilia Marogna. This Article will proceed as follows: after an introduction,Section 1 will discuss and reject an argument that infers a prohibition of extradition from Italy to the Vatican from the wording of Article 22 of the Lateran Treaty of 1929. Sections 2 and 3 will consider and exclude that an obstacle to extradition from Vatican City to Italy may be inferred from the poor quality of the criminal justice system in Vatican City or from the authoritarian character of the Vatican’s internal legal order that is only presumed but not demonstrated. Finally, Section 4 will claim and argue that a proper duty toextradite persons not only from the Vatican to Italy but also from Italy to the Vatican should be inferred from Articles 43 to 49 of the United Nations Convention against Corruption (UNAC) of which both Italy and the Vatican City/Holy See are bound as contracting parties.","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"515 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132520819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Freedom of Expression and Social Media: How Employers and Employees Can Benefit from Speech Policies Rooted in International Human Rights Law","authors":"Anthony Smith","doi":"10.18060/26855","DOIUrl":"https://doi.org/10.18060/26855","url":null,"abstract":"","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123838173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Water Rights and Hydro-Egoism: Endogenous Hegemony and the Grand Ethiopian Renaissance Dam","authors":"Christopher R. Rossi","doi":"10.18060/26521","DOIUrl":"https://doi.org/10.18060/26521","url":null,"abstract":"","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126607443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Legal Aspects of Water as a Human Right According to the 2030 Agenda: A Comparative Analysis Between Brazil and the United States of America","authors":"Stella Emery Santana","doi":"10.18060/26522","DOIUrl":"https://doi.org/10.18060/26522","url":null,"abstract":"","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124623009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Since at least 2013, Western courts judging refugee cases have accepted that North Koreans are, with rare exceptions, considered to be South Korean nationals under South Korean law. This Article explores the implications of this holding. Given this dual nationality, are North Koreans necessarily refused refugee status because they can be protected in South Korea? Or are there still routes to refugeestatus that may be available? This Article finds that North Koreans continue to have potential paths forward in their search for refugee status in the West. There are, broadly speaking, four different types of protection arguments evident in the jurisprudence from major host states. These are: (1) that an asylum seeker possesses a well-founded fear of persecution in South Korea as well as NorthKorea; (2) that South Korean nationality does not provide a right to enter the country, and should therefore be disregarded; (3) that South Korean nationality should not be recognized because it is not bestowed in a manner consistent with international norms; and (4) that an individual asylum seeker falls into an exceptional category whereby he or she lacks South Korean nationality. Each ofthese arguments has proved successful in certain cases, at least provisionally.
{"title":"North Korean Asylum Seekers in the West: Is Dual Nationality Dispositive?","authors":"A. Wolman","doi":"10.18060/26524","DOIUrl":"https://doi.org/10.18060/26524","url":null,"abstract":"Since at least 2013, Western courts judging refugee cases have accepted that North Koreans are, with rare exceptions, considered to be South Korean nationals under South Korean law. This Article explores the implications of this holding. Given this dual nationality, are North Koreans necessarily refused refugee status because they can be protected in South Korea? Or are there still routes to refugeestatus that may be available? This Article finds that North Koreans continue to have potential paths forward in their search for refugee status in the West. There are, broadly speaking, four different types of protection arguments evident in the jurisprudence from major host states. These are: (1) that an asylum seeker possesses a well-founded fear of persecution in South Korea as well as NorthKorea; (2) that South Korean nationality does not provide a right to enter the country, and should therefore be disregarded; (3) that South Korean nationality should not be recognized because it is not bestowed in a manner consistent with international norms; and (4) that an individual asylum seeker falls into an exceptional category whereby he or she lacks South Korean nationality. Each ofthese arguments has proved successful in certain cases, at least provisionally.","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"12 2.1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127725120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The world is not ignorant of the plight facing the most vulnerable communities, yet there are no enforceable binding mechanisms to identify, prevent, or intervene in the development of state genocidal regimes. As the global community advanced international legal customs for prosecuting state actors of genocide, limited development has been made towards identifying cognizable factors forlegitimizing early intervention. The international community has repeatedly stated “never again” following atrocities, but will States ever enforce their “Responsibility to Prevent” to hinder sovereign domestic policies from escalating to the crime of genocide? Can there be a preventative approach to genocide, or has the codification of the crimes of persecution and genocide confined theinternational community to retrospectively punish genocidal actors?
{"title":"Legal Identity as a Tool of State-Sponsored Genocide: Enforcing the Responsibility to Prevent Through a Norm of Active Engagement","authors":"Elizabeth G. Halodik","doi":"10.18060/26525","DOIUrl":"https://doi.org/10.18060/26525","url":null,"abstract":"The world is not ignorant of the plight facing the most vulnerable communities, yet there are no enforceable binding mechanisms to identify, prevent, or intervene in the development of state genocidal regimes. As the global community advanced international legal customs for prosecuting state actors of genocide, limited development has been made towards identifying cognizable factors forlegitimizing early intervention. The international community has repeatedly stated “never again” following atrocities, but will States ever enforce their “Responsibility to Prevent” to hinder sovereign domestic policies from escalating to the crime of genocide? Can there be a preventative approach to genocide, or has the codification of the crimes of persecution and genocide confined theinternational community to retrospectively punish genocidal actors?","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129671657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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