Blog | North Carolina Journal of International Law and Commercial Regulation

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.

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.

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

Famous Marks in America: A Dangerous Void

America was one of the largest proponents of the TRIPS agreement, an international agreement regarding intellectual property protection, and is arguably the reason this agreement exists. With 16 of the 34 disputes involving TRIPS at the WTO stemming from complaints filed by the United States, we are heavily invested in enforcing the treaty. ou would think someone so quick to point out others TRIPS treaty violations would make scrupulously sure their own house was in order. At least with respect to famous trademarks, you would be wrong.

No Comments | Posted by Daniel W. Cole on Thu. November 13, 2014 4:01 PM
Categories: Trademark Law Internationally

U.N. Report Finds Crimes Against Humanity in North Korea

On Tuesday February 18 the United Nations High Commissioner for Human Rights, Navi Pillay, asked world powers to refer the Democratic People’s Republic of Korea (DPRK) to the prosecutor of the International Criminal Court (ICC). This comes not in response to their nuclear efforts, but to a recent U.N. report which documents crimes against humanity that have been, and still are, occurring in the isolated, impoverished country of North Korea.

No Comments | Posted by Ian A. Biggs on Wed. April 16, 2014 1:00 PM
Categories: International Criminal Court, International Law, North Korea, United Nations

Federal Circuit Will Reconsider Personal Liability of Corporate Officer's Grossly Negligent Misrepresentation to Customs

A corporate officer of an importer of record is not directly liable for gross negligence when misrepresenting the value of imported merchandise to Customs and Border Protection, according to the Federal Circuit Appeals Court ruling in United States v. Trek Leather, Inc. on July 30, 2013. This seemingly well settled principle, based on traditional notions of personal liability protection under the corporate law shield, will soon be tested because the Federal Circuit has granted the U.S. Government’s petition for an en banc rehearing of this case.

No Comments | Posted by Andrea D. Solorzano on Wed. April 16, 2014 8:00 AM
Categories: International Law

Sneak Preview: Balancing Freedom of Speech on the Internet Under International Law

Freedom of speech is a fundamental human right which allows people to communicate freely. However, inappropriate communication often leads to conflicts in society. Inappropriate communication can provoke anger and ignite flame wars between people. In particular, inappropriate communication in cultural diversity can easily constitute intercultural or cross-cultural conflict. The “Innocence of Muslims” is an example of inappropriate communication which...

No Comments | Posted by Stephen A. Moore on Mon. April 7, 2014 8:00 AM
Categories: International Law

Sneak Preview: The Limits of Regulatory Science in the Governance of Trangenic Plant Agriculture and Food Systems

The current national and transnational regulatory and policy framework for transgenic plant agriculture and food is arguably largely defined by science. Notably, transgenic plant agriculture policy deference to science is ostensibly premised on the general perception that science is neutral, objective, reliable, and agnostic. This is exemplified by cases that range from Alliance for Bio-integrity v Donna Shalala, European Communities: Measures Affecting the Approval and Marketing of Biotech Products, to European Commission v Republic of Poland, in which conscientious, ethical, religious, and cultural oppositional grounds to transgenic plant agriculture and food were trumped by scientific imperatives. However, the lack of unanimity of views amongst scientists on...

No Comments | Posted by Stephen A. Moore on Fri. April 4, 2014 1:00 PM
Categories: International Law

Moving to Find More Humane Immigration Detention Policies

In early March, the White House announced that President Obama has ordered Jeh Johnson, his Homeland Security Secretary, to look for ways to conduct the current deportation system “more humanely within the confines of the law.” The announcement was made immediately after the President’s Oval Office meeting with three Latino members of the Congress. On the following day, the President gathered more than a dozen labor and immigration leaders for a discussion of current deportation policies and the declining prospects of the comprehensive immigration reform.

No Comments | Posted by Jee-Eun Ahn (Julie) on Fri. April 4, 2014 8:00 AM
Categories: Immigration

Crimea is Only a Piece of a Much Larger Puzzle

Many of us who have been following the events unfolding in Ukraine for the past several weeks have experienced emotions ranging from apathy to horror. Regardless of the position of the rest of the international community, the Kremlin now says Ukraine’s Crimea region as a part of Russia. Many Ukrainians, including Prime Minister Arseniy Yatsenyuk, are understandably outraged, calling the contrived annexation "a robbery on an international scale." Others throughout the world, including many Americans, are still asking questions akin to, “why does this matter?” To understand why it matters, we must attempt to understand the motivations of the autocrat pulling the strings, Vladimir Putin.

No Comments | Posted by Cory R. Busker on Thu. April 3, 2014 1:00 PM
Categories: Crimea, Russia, Ukraine, Vladimir Putin

Understanding the Trans-Pacific Partnership and Why it is in Trouble

The Trans-Pacific Partnership (TPP) is a hugely significant trade agreement that, if signed, would govern 40 percent of U.S. imports and exports. The agreement is being negotiated by Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam. These countries make up 40% of the global economy and other countries may join the pact later. The countries involved in negotiating the TPP account for $1.5 trillion worth of trade in goods and $242 billion worth of services.

No Comments | Posted by Leo W. Alley (Will) on Thu. April 3, 2014 8:00 AM
Categories: Canada, Chile, Peru
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