JICLOnline | Notre Dame Journal of International & Comparative Law

Bias and Biometrics: Regulating Corporate Responsibility and New Technologies to Protect Rights

June 15, 2022 ∙ ARTICLE

A growing body of literature has documented the ways in which algorithms and new technology are being deployed in ways that discriminate and violate human rights. The regulatory environment is still evolving, but not as rapidly as new technologies are being introduced by private corporations and implemented in public settings. Governments are using AI in immigration and asylum determinations and law enforcement, arenas where racism and xenophobia can often arise.

ArticleErika GeorgeJune 15, 2022Human Rights, Biometrics, Corporate Responsibility

Thai Defamation Laws and the U.N. Guiding Principles on Business and Human Rights

March 29, 2022 ∙ ARTICLE

As demonstrated by Thammakaset’s attempt to utilize Thailand’s legal system to silence critics of their workplace conditions and worker treatment, Thailand’s current judicial mechanisms provide ways in which companies can weaponize Thai law against workers and activists. This post addresses ways in which Thailand has attempted to remedy these criticisms and provides suggestions for further improvement to ensure that workers have adequate remedies and that Thai law is not weaponized against them.

ArticleDrake StobieMarch 29, 2022Defamation, United Kingdom, UK, Human Rights, Working conditions, Abuses, Wages

The Extraterritorial Application of the Defend Trade Secrets Act

JULY 14, 2020 ∙ ARTICLE

The general principle is that a congressional statute applies domestically unless there is an affirmative statement by Congress that demonstrates an intent for that provision to apply extraterritorially. Courts are reluctant to find such congressional intent unless it is explicit. However, for the first time, a U.S. court has held that private civil actions for damages under the Defend Trade Secrets Act (“DTSA”) apply extraterritorially based on U.S. conduct involving misappropriation that occurred overseas.

Alina VenezianoJuly 14, 2020Extraterritorial Application, China, Defend Trade Secrets Act, IP

Ball and (Block)Chain: How the United States’ Ban on Venezuelan Cryptocurrency Affects National Treatment Consistency Under the GATS

February 13, 2020 ∙ Article

As a possible solution to Venezuela’s economic crisis, Venezuelan president Nicolás Maduro created “Petro,” a digital currency backed by oil reserves. In response, the Trump administration issued an executive order prohibiting the use of Petro in the United States. Venezuela has argued that by banning the Petro, the United States has violated its national treatment commitment under the General Agreement on Trade in Services. The United States’ Schedule of Commitments was drafted over two decades ago; therefore, there is a need to consider an update to accommodate new technologies such as cryptocurrencies. This article explores Venezuelan arguments to include cryptocurrencies in the United States’ national treatment commitment, while also theorizing possible exceptions the Americans can use to override any potential national treatment obligations with regards to the Petro.

ArticleNicholas LoyaconaFebruary 13, 2020Venezuela, Trade, Cryptocurrency

What is the Huawei Case Really About? Sanctions to Regulate Technology?

November 21, 2019 ∙ Article

Sanctions are imposed for the purpose of changing behavior or inducing action. They have become popular within the past several decades as a means of leverage, non-military pressure, and imposing conditions upon other states. However, sanctions may cripple another state’s economy and permanently damage its reputation. Nevertheless, there are legitimate bases for using sanctions, such as protecting against national security threats. Cybersecurity risks, in particular, can be very damaging since the United States’ military, defense, and intelligence data are stored using electronic and remote means. Therefore, there is an obligation to protect against this, and such a task falls to the branches of the U.S. government. How far this obligation extends represents a key issue and is the subject of this article.

ArticleAlina VenezianoNovember 21, 2019China, Sanctions, Technology, Constitutional Law

Professor Mary Ellen O'Connell Discusses Her New Book and the Use of Force in International Law

October 28, 2019 ∙ Feature

Notre Dame Journal of International & Comparative Law staff member Catherine Braun speaks with Notre Dame Law School’s Robert & Marion Short Professor of Law, Mary Ellen O’Connell, about her recently published book, entitled The Art of Law in the International Community. The interview covers a wide range of topics, from international law in legal education to the role of aesthetics in law and world leaders’ perceptions of international law.

FeatureNDJICLOctober 28, 2019Conflict, Use of Force, Dispute Resolution, Legal Education

Opioid Epidemic Provides an Unexpected Benefit? International Law Inspires a Shift from Punitive to Curative Responses to Addiction

October 20, 2019 ∙ Commentary

Opioid misuse, addiction, and overdoses are becoming serious public health problems globally. According to the 2019 World Drug Report, in 2017 alone, the use of opioids accounted for 110,000 (66%) of the 167,000 deaths attributed to drug use disorders. Commendably, however, the devastating effect of the opioid crisis has triggered a long-awaited response to the problem of drug abuse and addiction in general. A curative approach is slowly emerging, replacing the traditional punitive responses to addiction.

CommentaryLeonard MukosiOctober 20, 2019Opioids, Drug Addiction, Public Health, United Nations, War on Drugs

Erdogan Has Crossed the Euphrates: Turkish Invasion Into Northern Syria Is in Breach of International Law

October 19, 2019 ∙ Article

On October 9, as Turkish warplanes began what would be a six-hour bombardment of Northern Syria, followed by an incursion of ground troops, the Turkish Ministry of National Defense put out a small press release justifying its actions under international law.

ArticleDavit AvagyanOctober 19, 2019Turkey, Article 51, Military, Conflict