Blog | North Carolina Journal of International Law and Commercial Regulation

Plus ça change, plus c’est la même chose: The more it changes, the more it’s the same thing.

“Comity” remains the most important principal governing recognition of foreign-country judgments; Professor Ronald Brand breathed new life into Hilton last month at the ILJ symposium. Brand, a professor of international law at Pitt, argued that long-ignored dictum from Hilton could help nations resolve their two fundamentally different approaches to judgment recognition.


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Posted by Christopher R. Bagley (Chris) on Fri. February 6, 2015 8:45 AM
Categories: Symposium

Multilateral Environmental Agreements and U.S. Judicial Review

The focus of Professor Knox’s discussion was the role of courts in reviewing multilateral environmental agreements, and whether or not the political question doctrine shields these agreements from judicial review.


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Posted by Lisa Marie Taylor (Lisa Marie) on Fri. February 6, 2015 8:41 AM
Categories: Symposium

Aaron Fellmuth on Leading From Behind: The United States and International Human Rights Law

Professor Fellmuth’s most provocative points concerned what he deemed to be the political misconception that the United States is a moral authority in human rights matters. On the domestic front, Fellmuth discussed how racial inequality, overwhelming and disparate incarceration rates, and near-oppressive levels of poverty blemish the United States. On the international level, Fellmuth faulted the United States’ for supporting countries with human rights abuses such as Saudi Arabia while condemning Iran, suggesting that our legitimacy cannot survive with such inconsistencies.


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Posted by Laura L. Campbell on Fri. February 6, 2015 8:38 AM
Categories: International Human Rights, Symposium

Killer Robots and the Legal Implications

Crootof details two concerns about autonomous weapons: (1) that the independence of the weapons creates liability issues; and, (2) that a democracy which is immune from feeling the human cost of war, would be emboldened to act and could potentially cause more conflict.


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Posted by Michael Dolan Berry on Fri. February 6, 2015 8:32 AM
Categories: South Korea, Symposium

Silent Terrorism: What is the International Community Doing to Control Boko Haram

While the world was focused on the media surrounding terrorist attacks in Paris, France, another Islamic terrorist organization, Boko Haram, massacred 2,000 residents of Baga, Nigeria. The terroristic acts of Boko Haram are not new for the terrorist organization considered the second deadliest in the world, only behind the Taliban.


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Posted by Christina L. Anderson on Fri. February 6, 2015 8:29 AM
Categories: African Union, International Human Rights, Symposium

Ronald Brand on the Importance of Judgement Recognition Among Nations

Professor Ronald Brand spoke on the importance of judgment recognition among nations at The North Carolina Journal of International Law and Commercial Regulation Symposium on Friday, January 30, 2015. His lecture, titled “Understanding Judgments Recognition,” highlighted the significant developments in this area over the past fifteen years in the European Union (EU), the United States, and on a global front.


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Posted by Jessica L. Watts on Fri. February 6, 2015 8:16 AM
Categories: International Dispute Resolution, Symposium

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
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