Vol. XXXIX No. 2

International Water Law and China’s Management of Its International Rivers

Abstract: This Article explores China’s management of its international rivers. China has various domestic pieces of legislation, including the Water Law of 2002, to regulate the uses and protection of its international rivers. It is clear that international water law influenced China inasmuch as there are similarities between the 1997 Watercourses Convention and the Water Law […]

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Integrating Lawfare and Warfare

Abstract: Current military campaigns are not waged solely on the physical battlefield, but in multiple other arenas. One such arena is lawfare: legal activity that supports, undermines, or substitutes for other types of warfare. In today’s law-rich environment, with an abundance of legal rules and legal fora, strategists must evaluate the full scope of possible […]

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Law and Finance: The Case of Stock Market Development in China

Abstract: Having grown to one of the largest in the world in just over two decades, China’s stock market is cited as a counterexample to the significance of law for financial market development. A thorough examination of the development of China’s stock market, however, finds that law is actually critical to sustaining growth. On the […]

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Uncertain Costs, Unclear Benefits: China’s Social Insurance System and Foreign Workers

Abstract: China’s fairly recent implementation of a social security insurance scheme that includes foreign workers has generated unintended uncertainties and inconsistencies both for foreign companies in China and for Chinese companies working outside China, without generating clear benefits for foreign workers. This Note provides an overview of the new scheme, which requires, for the first […]

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How to Sidestep Saying “See Ya Real Soon” to the Public Domain: Using Droit D’auteur to Justify a Trademark-Favored Treatment of Mickey Mouse

Abstract: Mickey Mouse is one of the most recognizable characters in the world, but this famous character will be passing into the public domain when his copyright expires in 2024. The Walt Disney Company also has registered Mickey Mouse as a trademark. Thus, when Mickey passes into the public domain, an interesting conflict between copyright […]

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Too Big to Nail: How Investor-State Arbitration Lacks an Appropriate Execution Mechanism for the Largest Awards

Abstract: Typically, when an international arbitration tribunal renders an award, it includes a specific date by which the defendants must pay the award. If the defendants refuse to pay the award by the mandated deadline and the defendants are not seeking that the award be set aside, then the claimants have the ability to seize […]

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Withdrawing a License to Kill: Why American Law Should Jettison “Stand Your Ground” and Adopt the English Approach to Retreat

Abstract: The justification of self-defense generally allows the use of a reasonable amount of force when a victim of an attack has a reasonable belief that the use of force is necessary in order to prevent an imminent harm. For centuries, the justification of self-defense included a duty of the victim—or defendant—to retreat before resorting […]

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