Foreward

Foreward

Since 1977, the International and Comparative Law Review has served as a forum for innovative and stimulating legal discussion at Boston College Law School. Generations of students have dedicated themselves to writing and publishing timely, thought-provoking pieces of scholarship that transcend national borders and contribute to the significant discourse on international law. The Review’s scope […]

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Article

The Role of Federalism in International Law

Abstract: Because federalism grants partial autonomy to subunits of a nation, it has potentially broad implications for the prevailing system of international law, which is centered around the integrity of nation states. Military intervention in the internal affairs of a nation to protect human rights or combat terrorist activity might be regarded as more justifiable […]

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Essay

Democracy in Brazil: The Evolving Role of the Country’s Supreme Court

Abstract: The objective of this paper is to analyze the functions of the Brazilian Supreme Court and the need to attribute to a single specific entity the roles of guardian of the constitution, court of the federation, and moderator of political and social conflicts. It is also important to stress the relevance of the Brazilian […]

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Note

Don’t Ask Me About My Business: The Mafia’s Exploitation of the European Migration Crisis

Abstract: Old meets new as the Italian mafia capitalizes on the European migration crisis. Beginning with the coordination of Mediterranean voyages and ending with the indefinite exploitation of refugees at mafia-run migrant camps, the mafia has found an opportunity to profit from the crisis at every step of the way. With no end to the […]

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Base Erosion and Profit Shifting: How Corporations Use Transfer Pricing to Avoid Taxation

Abstract: In an increasingly global economy, base erosion and profit shifting (BEPS) has allowed multinational corporations to utilize their subsidiaries to move assets and profits. As a result, corporations are able to lower their tax bills, but also deprive governments of integral tax funds, while leaving smaller competitors who pay their fair share of taxes […]

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Won’t Get Fooled Again: Why VW’s Emissions Deception Is Illegal in Europe and How to Improve the EU’s Auto Regulatory System

Abstract: Replete with greed, hubris, and deceit, the Volkswagen emissions scandal is not your typical case of corporate wrongdoing. With a price tag of $20 million in the United States, it is already one of the most expensive corporate scandals in history and has caused significant damage to the environment, public health, and the global […]

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Comment

The Legacy of Srebrenica: Potential Consequences of Reducing Liability for Troop Contributing Countries in Modern UN Peacekeeping Operations

Abstract: In 2014 the District Court of The Hague returned its decision in a case concerning peacekeeper (Dutchbat) wrongdoing during the 1995 massacre at Srebrenica, Bosnia-Herzegovina. The district court dismissed the UN as party to the suit, basing this decision on the organization’s statutory immunity from prosecution. As a basis for holding the Netherlands liable […]

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Zuchtvieh-Export GmbH v. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation and Territorial Sovereignty

Abstract: In Zuchtvieh-Export GmbH v. Stadt Kempten, the European Court of Justice ruled that a European Council regulation that protects animal welfare during transport applies to the stages of a journey outside of the European Union (EU), if that journey commenced within the EU. This ruling by the European Court of Justice has been praised […]

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