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North Carolina Journal of International Law and Commercial Regulation

Blog Posts: Symposium

Symposium Review: Military Commissions - Are They Fair and Are They Really Working?

The current military commission system came into place when President Obama signed the Military Commissions Act of 2009. The use of military commissions is nothing new in the United States. Military commissions have been used since the Revolutionary War, when General George Washington put into place a Board of General Officers in order to determine whether a former soldier was a spy for Great Britain. There has been great debate over whether the detainees of Guantanamo and other detainees are being afforded due process of the law in these military commissions and whether military commissions have ever been successful in practice.


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No Comments | Posted by Zachary P. Ainsztein (Zach) on Fri. February 14, 2014 8:00 AM
Categories: Symposium

Symposium Review: Is There a Need for International Cyber Warfare Treaties?

During North Carolina Journal of International Law and Commercial Regulation’s 2014 symposium, various panelists offered their views on the growing area of cyber warfare. Cyber warfare is a relatively new development that is creating ethical and legal ambiguity under current international law. Modern international law recognizes the idea of jus ad bellum, literally translated to mean “right to war”. This theory determines situations when it is lawful to resort to war. The United States, and now most countries, claim . . .


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No Comments | Posted by Mark A. Kochuk on Thu. February 13, 2014 8:00 AM
Categories: Customary International Law, Cyberwarfare, Symposium

Symposium Review: Moving the Law of Armed Conflict from Crossbows to Cyber Attacks

Professor Eric Talbot Jensen gave a lecture titled: “The Future of the Law of Armed Conflict” at The North Carolina Journal of International Law and Commercial Regulation Symposium on Friday, January 31, 2014. Professor Jensen interspersed his entertaining and thought-provoking lecture with video clips of futuristic weaponry to drive home the point that our technology is developing at such a rapid pace that seemingly futuristic weapons are already within our grasp. As a result, if our laws do not develop to address the possibilities of new weapons that take forms and create harm in unconventional ways, we will be ill-equipped legally to face the threats and consequences of these new weapons.


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No Comments | Posted by Vineeth Shanker Hemavathi on Tue. February 11, 2014 8:00 AM
Categories: Customary International Law, Cyberwarfare, Symposium

Symposium Review: Sovereign Assumptions

The North Carolina Journal of International Law and Commercial Regulation (ILJ) at the University of North Carolina School of Law held their annual symposium this past week, focusing on “Emerging Issues in the Law of Armed Conflict and International Security.” The symposium allowed ILJ to draw from the state’s strong military ties and the state’s wide network of national security legal professionals.

Scholars from across the nation also contributed to the agenda for ILJ’s symposium. Professor Eric Talbot Jensen began the morning with his presentation entitled “The Future of the Law of Armed Conflict.” Jensen, of Brigham Young University School of Law and of Tallinn Manual notoriety, gave an early disclaimer regarding the difficulty of predicting the future, much less predicting the law that the future needs. Jensen continued to lay out a framework for how to best predict the laws needed for the future of armed conflict. Among Jensen’s thoughtful predictions were several assumptions, which Jensen himself readily acknowledged and welcomed feedback concerning his assumptions’ veracity.


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No Comments | Posted by William L. Thore (Logan) on Tue. February 11, 2014 8:00 AM
Categories: Customary International Law, Cyberwarfare, Symposium

Dean Harris: Bioethics in Research

Professor Dean Harris, Clinical Associate Professor of Health Policy and Management at the University of North Carolina Gillings School of Global Public Health, spoke on bioethics in research at the North Carolina Journal of International Law & Commercial Regulation Symposium on Friday, February 1, 2013. Professor Harris explored the issue of bioethics in research through a case study from China involving golden rice, a genetically modified grain.

The research project was conducted by researchers at Tufts University who sought out Chinese children to periodically consume a small amount of the genetically modified rice to test the nutritional results of the rice. The issue of informed consent was at the heart of the research study. Debate continues as to whether the researchers obtained informed consent when the parents of the children signed the consent form, as it is unclear if they completely understood the implications of the form they were signing because of translation difficulties. Professor Harris ended his presentation asking the question if researchers from the United States should be required to do more to protect participants of research studies such as the children involved in the golden rice study. These issues were also explored in different contexts in Protecting a Vulnerable Population with Little Regulatory Framework, an article appearing in the Journal of Contemporary Health Law and Policy.


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No Comments | Posted by Charles E. Walsh on Mon. March 25, 2013 9:22 PM
Categories: Medical Markets, Symposium

Questions Without Answers: The Legal Frontier of Genomic Mapping

When Professor John Conley began his presentation on the ethical, moral, and legal implications of genomic mapping, he made one thing explicitly clear: there were not going to be a lot of answers in the following hour. Throughout the presentation he proved himself to be right by showing that frontier of genomic mapping just has not developed enough to answer many of the questions that it raises. However, the questions that Professor Conley did raise were quite thought-provoking. One in particular stood out: why can we not apply existing legal frameworks in the medical field to the emerging practice of diagnosis by genomic mapping?


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No Comments | Posted by David G. Russell on Mon. March 25, 2013 9:19 PM
Categories: Medical Markets, Symposium

Consumer Awareness as Part of the Solution to Imported Food Safety

Professor Gary Liu discussed regulatory and safety problems associated with pharmaceutical outsourcing. He stated that pharmaceutical outsourcing has increased because the costs are lower and the profit margin greater. However, these benefits of outsourcing came at the expense of drug safety due to the lack of enforcement mechanism. In the United States, the Food, Drug, and Cosmetic Act of 1938 consists of two enforcement tools—outcome-based tool and production-based tool. Professor Liu specifically argued that without proper inspection, it is difficult to enforce other aspects of enforcement tools, such as seizures and injunctions, criminal sanctions, and Good Manufacturing Practices. However, both outcome-based tool and production-based tool are weakened in the context of imports. Furthermore, Professor Liu notes that solutions, such as the outsourcing regulatory power to China and a past agreement with China regarding import safety, have been inadequate to offset the lack of enforcement. Professor Liu concluded the solution is for the FDA to stop “outsourcing” regulatory power to China and for the FDA to increase efforts to inspect foreign establishments. I agree that the first step is for the FDA to retain regulatory power regarding import safety. However, as a practical problem, inspecting all establishments in China would take years. Furthermore, Professor Liu’s argument did not elaborate on the role that consumer awareness plays in improving safety standards abroad.


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No Comments | Posted by Susan Park on Mon. March 25, 2013 9:18 PM
Categories: Medical Markets, Symposium

Giving Bioethics Bite: A Look at What Underlies the Golden Rice Study Scandal

Professor Anne-Marie Duguet, M.D., Ph.D. (in law) visited the University of North Carolina School of Law from l’Université Paul Sabatier in Toulouse, France to address the recent controversy in China surrounding a study done on children and genetically modified rice. Specifically, Tang et al (“Tang”) performed a study on the nutritional value of Golden Rice – genetically modified rice that is rich in ß-carotene as a source of vitamin A, a vital nutrient for children – in the Hunan province of China. Seventy-two children from the ages of six to eight were subjected to the study. The children were then split into two randomized groups: a control group that ate natural foods high in ß-carotene and vitamin A and a test group of children who ate Golden Rice.


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No Comments | Posted by Seth T. Lawrence on Mon. March 25, 2013 9:15 PM
Categories: Medical Markets, Symposium

Professor Nathan Cortez: Legal Risks In Medical Tourism

Professor Cortez recently spoke at the “Medical Markets” Symposium held by the North Carolina Journal of International Law and Commercial Regulation of the legal ambiguities associated with the growing trend of medical tourism in an unregulated global health market. More patients are opting to leave the United States to have procedures done overseas for a variety of reasons—the procedure may be unavailable or illegal in the U.S., or perhaps cheaper elsewhere—yet they may not realize that they may be forgoing the legal protections of American courts. Patients are bearing the brunt of legal risks because it can be very difficult to successfully sue in the U.S. or overseas.


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No Comments | Posted by Danika J. Hoke on Mon. March 25, 2013 9:13 PM
Categories: Medical Markets, Symposium

Biobanking Without Borders: An International Perspective on the Ethics of Genomic Biobanking

In his keynote address, Professor Conley introduced plans for a bold study, conducted by the UNC School of Medicine, to identify several genes where mutations are strongly associated with common diseases, sequence those genes in a group of healthy human subjects, and then provide those subjects with information and counseling about their test results. Through his affiliation with the UNC Center for Genomics and Society, Professor Conley will study the ethical, legal and social implications (ELSI) of this kind of genomic biobanking as a public health tool.


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No Comments | Posted by Amanda L. Gladin-Kramer on Mon. March 25, 2013 9:10 PM
Categories: Medical Markets, Symposium

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