Category: International Law

How Is International Commercial Arbitration Different from Domestic Arbitration in the United States?

New on the UC Law Review Blog, Professor John B. Pinney explains why international commercial arbitration is far more than simply "arbitration across borders." By comparing it with domestic arbitration in the United States, the Article highlights the procedural, evidentiary, and enforcement mechanisms that have made international arbitration the principal means of resolving cross-border commercial disputes.

All is Unfair in International Trade and War: How China’s Unlawful Export Policy on Rare Earth Metals Forced the Trump Administration into a Fragile Ceasefire

Abriana Malfatti analyzes the ongoing trade war between the United States and China, arguing that China’s licensing restrictions on rare earth metals violate the Most Favored Nations Principle (“MFN”) of the General Agreement on Tariffs and Trade (“GATT”). She explains how this unlawful policy allowed China to leverage a favorable trade deal with the Trump administration. She warns that the new trade deal is not a solution to the trade war, and China will likely continue to use rare earth metals against the United States in the future.

The Sound of Silence: How Congressional Acquiescence is Expanding Independent Presidential War Powers

Emmy Blane examines the constitutional doctrines governing the Separation of Powers and analyzes Presidential and Congressional war powers. This Article applies the War Power doctrines to the ongoing U.S. military airstrikes on vessels in the Caribbean Sea and Pacific Ocean and argues that Congress’s failure to pass a resolution calling for the termination of the airstrikes significantly expands unilateral presidential war powers.

Gaming the System? How TikTok v. Garland Could Shape the Future of Tencent

In this article, Katerina Fernandez examines how TikTok v. Garland establishes a legal framework that could be applied to Tencent, the Chinese tech giant behind several major gaming platforms. The article explores the national security concerns driving U.S. regulatory scrutiny of foreign-owned digital platforms and the potential constitutional and economic challenges of imposing similar restrictions on Tencent.

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