Blog | North Carolina Journal of International Law and Commercial Regulation

European Union Sanctions on Russia: Staying the Course

Russia’s activity in Ukraine is clearly illegal. Unless Russia makes a demonstrated effort to mitigate the conflict, the European Union must not end the sanctions. To do so would be tantamount to condoning Russia’s illegal behavior.

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Posted by Andrea L. Smith on Tue. January 27, 2015 12:55 PM
Categories: Russia, Ukraine, United Nations

Historic Settlement under the Foreign Corrupt Practices Act

Alstom S.A. (“Alstom”), a French power and transportation company, pled guilty to bribing government officials – in countries including Indonesia, Saudi Arabia, Egypt and the Bahamas – and falsifying accounting records in violation of the Foreign Corrupt Practices Act (“FCPA”). By pleading guilty to these charges, Alstom is agreeing to pay a criminal penalty of more than $772 million. This criminal penalty represents the largest penalty ever assessed in a FCPA case.

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Posted by Maria R. Mendoza on Tue. January 27, 2015 12:11 PM
Categories: France

Cyberwar and Sony

On November 14, 2014, Sony Pictures Entertainment was hacked, locking employees out of their computers, compromising important internal data, and leaking unreleased movies onto the internet. In response to the attack, President Obama said the U.S. would "respond proportionately." The President’s authority to respond proportionately to the Sony attacks is based in principles of international law.

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Posted by Andrew D. Johnstone on Wed. January 21, 2015 11:16 AM
Categories: Cyberwarfare, International Law, North Korea

The Interview and Protecting the Dignity of Heads of State

After initial plans to cancel the release of the movie, The Interview , and in the face of heavy criticism, Sony decided to release the film in December 2014. As one commentator notes, “[a]lthough international law still protects the dignity of Heads of State, it may no longer do so . . . in anything less than extreme circumstances of personal offence or insult.”

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Posted by Samantha R. Walker (Sam) on Wed. January 21, 2015 11:07 AM
Categories: International Law, North Korea

Philippines v. China and the Failure to Appear

On 22 January 2013, the Republic of the Philippines sued the People’s Republic of China in the Permanent Court of Arbitration under the United Nations Convention on the Law of the Sea (“Convention”) over a territorial dispute in the West Philippine Sea, a portion of the South China Sea that falls within the Philippines’s exclusive economic zone.

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Posted by William R. Hartzell on Wed. January 21, 2015 11:03 AM
Categories: China, United Nations

Global Internet Privacy: The Right to Be Forgotten

The “right to be forgotten” has become a global buzz phrase surrounding Internet privacy. It allows individuals to have certain data erased from Internet search engines so that third parties can no longer trace them. The issue has resulted from a growing desire to “determine the development of his life in an autonomous way, without being perpetually or periodically stigmatized as a consequence of a specific action performed in the past.” This past May, the Court of Justice of the European Union found a legal basis for individuals’ Internet protection within Article 12 of the Directive 95/46/EC.

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No Comments | Posted by Erin M. Ball on Mon. December 1, 2014 10:23 AM
Categories: European Union, France

Antidumping Laws Considered

On Friday, November 14, the United States International Trade Commission (ITC) found importers from China and Indonesia in violation of anti-dumping regulations for selling monosodium glutamate (MSG) at unfairly low prices in the United States. The large discrepancy between Anjinomoto’s alleged margins and Commerce’s final margins, as well as the discrepancy between initial and final margins for the China MSG, highlight a concern many have when it comes to antidumping laws: distortion of the market.

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No Comments | Posted by Matthew P. Margiotta on Wed. November 26, 2014 3:29 PM
Categories: China, Free Trade

State Marijuana Legalization Violates International Law

The United States broke boundaries in 2012 when two states, Washington and Colorado, became the first U.S. states to legalize recreational marijuana use.  The trend continued in 2014, when voters in Oregon, Alaska, and Washington, D.C. voted to approve recreational marijuana legalization.  But in doing so, the U.S. did not just indicate a major shift in its own long-standing national policy – it violated international law.
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No Comments | Posted by Michael B. Cohen on Sun. November 23, 2014 8:56 PM
Categories: United Nations

Climate Change: Changing the Perspective of the Argument

Nearly seventeen years have passed since the Kyoto Protocol to the United Nations Framework Convention on Climate Change (“Kyoto Protocol”) was introduced. The purpose of the protocol was for signatory nations to develop and implement a strategy for reducing emissions of greenhouse gases. The United States signed on to the protocol, but it was never ratified, and the country withdrew support in 2001. Moreover, some of the world’s largest emissions producers did not ratify it— maybe a change in perspective is needed.

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No Comments | Posted by Paul L. Comer on Fri. November 21, 2014 11:13 AM
Categories: Climate Change

South Korean Maritime Law: A Need for Reform

On November 11, 2014, the captain of the South Korean ferry that sank off the nation’s coast was sentenced to thirty-six years imprisonment for failing to take the steps required to save passengers in an emergency. In light of sensationalized news coverage and the public’s desire to hold people accountable for tragic accidents, much attention in this case has been paid to the captain and his crew. Far fewer news outlets have discussed the error of overloading the ship with far more cargo than she could legally handle. This lapse in maritime regulation, rather than the post-accident actions of the crew, is more significant for the prevention of a future, comparable accident.

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No Comments | Posted by Alexandria J. Weller on Thu. November 20, 2014 12:11 PM
Categories: South Korea
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