Blog | North Carolina Journal of International Law and Commercial Regulation

Lѐse Majesté: Antiquated Law or Dictatorial Power?

Lѐse majesté laws, which criminalize an offense against the dignity of a reigning monarch or head of state, are certainly not new laws. The question here, however, is what place these laws have in the current world regime. Thailand has some of the most strict lѐse majesté laws in the world, and it is not one of the antiquated laws that the government has simply forgotten about. The lѐse majesté laws of Thailand carry a minimum sentence of 3 years and a maximum sentence of fifteen years.


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Posted by Christopher A. Byrd on Fri. March 27, 2015 10:16 AM
Categories: Thailand

ICC Formally Drops Charges Against President Kenyatta: Leaves the Door Open for a Case in the Future

On March 13, 2015, after months of investigation, the International Criminal Court (ICC) announced that it was formally dropping its charges against Kenyan president, Uhuru Kenyatta. Ultimately, ICC prosecutors did not have enough evidence to sufficiently prove Kenyatta’s guilt in court and were forced to drop their case for the foreseeable future.


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Posted by Mary A. Slagle on Mon. March 23, 2015 12:17 PM
Categories: International Criminal Court, Kenya

UN Report: Escalation in Ukraine

The United Nations (UN) recently released a report drawing attention to escalating violence in Ukraine in violation of the Minsk agreement. There has been a marked surge in casualties that the UN Report attributes to an influx of Russian troops and heavy artillery. More than 6,000 people have been killed since the fighting started in April. Between December 1, 2014 and February 15, 2015, at least 1,012 people were killed and at least 3,793 were wounded in the conflict area of eastern Ukraine.


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Posted by Lauren F. Tonon on Sun. March 22, 2015 5:33 PM
Categories: European Union, Russia, Ukraine, United Nations

Canada Makes Big Changes to Immigrant Investor Program

Canada created the Immigrant Investor Venture Capital (IIVC) Pilot Program. The Program requires immigrant investors to make a $2 million, non-guaranteed investment for 15 years into the IIVC fund, which will be used to invest in Canadian start-ups. Furthermore, each investor must have a net worth of at least $10 million.This is a similar stipulation used in other countries’ immigrant investor programs—the U.K. requires an individual to have $3.1 million to get a visa for investment into the country and Australia requires $12.3 million.


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Posted by Felicia M. Hyde on Sun. March 22, 2015 5:14 PM
Categories: Canada, Investment in Foreign Markets

A 21st Century Model for U.S. Nuclear Policy

The United States has been in high-stakes negotiations with Iran in recent months over the roll back of their nuclear program. The agreement would, as of now, place severe restrictions on Iran’s ability to accrue and enrich uranium beyond a specified level for ten years.


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Posted by Joseph Ho Kim on Thu. March 19, 2015 12:59 PM
Categories: China, Israel, Pakistan, South Korea

The Palestinian Authority Joins the ICC

The Israeli-Palestinian Conflict has a new fighting ground. As of January 6, 2015, the Palestinian Authority is a State Party to the International Criminal Court (ICC). It is unlikely the ICC is where the Palestinian Authority hopes to resolve the conflict with Israel, and the decision to become a State Party is more aptly read as an act of “lawfare”—“the continu[ation] of [its] war on legal grounds, or in the language of international law."


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Posted by Breanne N. Hataway on Thu. March 5, 2015 3:34 PM
Categories: International Criminal Court, Israel, Palestine, United Nations

A Lack of Intent: the Implications of the ICJ's Dismissal of Croatian and Serbian Genocide Claims

On February 3, the International Court of Justice (“ICJ”) dismissed Serbian and Croatian genocide claims based on actions taken during the Balkan Wars. The 17-2 dismissal of Croatia's genocide claims and the unanimous dismissal of Serbia's counterclaims showed a united front by the ICJ that the requisite intent was simply not present in either case.


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Posted by Patricia I. Heyen on Thu. March 5, 2015 3:28 PM
Categories: International Court of Justice

Japan: Safest Country or Lenient Criminal Law

A Japanese man, Hideyuki Noguchi, was charged with incapacitated rape of 39 women. The police confirmed 39 rapes, but Noguchi confessed there were 100 victims. However, there is no life in prison sentence in the Japanese legal system. Noguchi will at most have to serve 30 years in prison. The maximum sentencing guidelines applicable to Noguchi highlights a deficiency of the Japanese legal system.


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Posted by Madeleine M. Pfefferle (Maddi) on Mon. March 2, 2015 5:37 PM
Categories: Criminal Law, Japan

The Transatlantic Trade and Investment Partnership and Potential Data Privacy Issues

Representatives from the United States and the European Union met in Brussels for the 8th round of talks regarding the Transatlantic Trade and Investment Partnership (TTIP). O ne of the on-going issues related to TTIP has been data privacy. These issues stem from disparities between the United States’ and the EU’s treatment of data protection, wherein the EU recognizes that personal data is a fundamental right. The main intersection of privacy talks with respect to TTIP focuses on new proposed EU privacy regulations as well as the U.S.-EU Safe Harbor Program.


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Posted by Kevin E. Barnett on Mon. March 2, 2015 5:30 PM
Categories: European Union, Free Trade, Investment in Foreign Markets

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
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