1 10 254 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Sreejith, S.G. Srinivasan, Lakshmi Irani, Vistasp Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-10 Description An account of the resource “International Air Law” has been justifiably arrested in a straight-jacketed approach centred on the classical doctrines of state sovereignty and sources, which is in addition to a limiting classicism in IAL’s discourses, methods, and meanings. This Article problematizes the said classicism on account of it distancing, and often dissociating, IAL from the global realities in civil aviation. It proposes an alternative approach to read IAL including rechristening it as “International Aviation Law,”, a new epistemological and disciplinary category, which has a modernist approach, and which stays close to the reality of functions in civil aviation. In making a case for IAvL, the Article primarily draws on many renewalist and radical thinking in international law and elsewhere mindful of the prevailing global and economic realities. Motivated by the same, the Article lets orthodoxies to fall for making ground for an epistemological revolution in the regulation of civil aviation. The Article organizes its critique and construction under four major heads: Sovereignty, Sources, Subjects, and Meanings.   Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/27369 10.18060/27369 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/27369/24992 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 33 No. 1 (2023); 169-190 2169-3226 Title A name given to the resource The Philosophy of International Aviation Law Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Reich, Arie Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-10 Description An account of the resource       Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/27368 10.18060/27368 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/27368/24991 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 33 No. 1 (2023); 129-168 2169-3226 Title A name given to the resource Should Forum Selection Clauses in International Websites be Enforced? -- A Proposed New Model Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Lin, Mao-Hong Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-10 Description An account of the resource Taiwan follows its East Asian counterparts to establish a system of lay participation in criminal trials, which is called citizen judges and took effect in January 2023. But Taiwan will soon face similar conundrums, like Japan and South Korea have encountered, about whether to allow professional judges to review and even reverse decisions made by citizen judges. In a mock case, the Taiwan High Court and Taiwan’s Supreme Court both attempted to address the conflict from a perspective of American law, but more controversies have emerged than been solved. This Article follows the route of the two courts and deals with those unsettled controversies in four aspects: legal errors, factual errors, sentencing errors, and the mixed questions of law and fact. This Article advises appellate courts to: (1) employ principles like preservation of claims, plain errors, and harmless errors when reviewing legal errors de novo, (2) incorporate the substantial evidence review with the existing law into a two-step test, through which the appellate review of factual errors may work better, (3) interpret the standard of exceeding unreasonableness in an abuse-of-discretion way when investigating errors in sentencing, and (4) replace the de novo standard with a spectrum approach when reviewing the errors of impropriety, namely the mixed question of law and fact in Taiwan’s context. Through these adjustments in the appellate review process, the new system of citizen judges will better serve to enhance the public knowledge of and confidence in criminal trials as the new system has been entailed.   Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/27367 10.18060/27367 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/27367/24990 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 33 No. 1 (2023); 93-127 2169-3226 Title A name given to the resource Trial and Error: A Comparative Perspective on the Lay Participation in Criminal Trials and Appellate Review of Errors in Taiwan Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Kim, Kun Chol Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-10 Description An account of the resource Resolving tax treaty disputes and improving dispute resolution mechanisms for tax treaty disputes have been important topics for international tax for decades, but it has not been an easy journey for the international tax community including policymakers, international bodies, and academics to come up with a clear solution. Similar to other global policies that require a multilateralagreement, a multilateral approach to a global tax policy cannot be easy as relations among the states with different backgrounds need to be coordinated and it involves critical issues relevant to national interests such as tax sovereignty, revenue, conflicts with domestic laws, and financial resources. That being said, the current global approach to resolve unsuccessful Mutual Agreement Procedure (“MAP”) cases of a tax treaty seems fairly straightforward under both the Organization for Economic Co-operation and Development and the United Nations’ Model Tax Conventions as both simply suggest arbitration to step in to render a final decision for the unsuccessful MAP cases. However, due to the factors mentioned earlier, the vast majority of the bilateral tax treaties do notcontain the arbitration clause, and it seems quite clear that an approach needs to be made from both within and outside the boundaries of international tax, tackling sub-issue by sub-issue, in order to improve dispute resolution mechanism for tax treaty disputes. This Article aims to highlight the importance of having the arbitration clause in a tax treaty, and focusing on the financial aspects of tax treaty arbitration, examines whether third-party funding (“TPF”), which has become more mainstream in traditional international arbitration proceedings, could be utilized in tax treaty arbitration to remove certain financial barriers as in other traditional arbitration proceedings by analyzing (i) any legal barriers, (ii) benefits from a justice perspective, and (iii) investment merit from a funder perspective. For the analysis, the Article specifically discusses (a) the current issues and the status quo of the MAP and tax treaty arbitration, (b) how TPF has been utilized in international arbitration and helping parties without orinsufficient financial resources, (c) differences and similarities between tax treaty arbitration and other types of international arbitration i.e., international commercial arbitration, investor-state arbitration, and state-state arbitration, and (d) TPF from both the taxpayer claimant and the funder perspective.   Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/27366 10.18060/27366 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/27366/24989 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 33 No. 1 (2023); 39-91 2169-3226 Title A name given to the resource Justice, Third-Party Funding, and Tax Treaty Arbitration Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Emmert, Frank Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-10 Description An account of the resource       Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/27365 10.18060/27365 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/27365/24988 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 33 No. 1 (2023); 1-37 2169-3226 Title A name given to the resource The Long Arm of the SEC in the Regulation of Digital Currencies Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Tian, George Date A point or period of time associated with an event in the lifecycle of the resource 2022-12-05 Description An account of the resource Over the past four decades, Intellectual Property (IP) has been one of the main controversies of US-China trade relations. But the current US-China trade war contains a new focus – technology transfer. This article adopts a socio-legal and economic approach to examine the current technology and trade tensions between these two countries and why China became an Information Technology (IT) powerhouse. It first provides an overview of IP and technology transfer rules under the Phase One US-China Economic and Trade Agreement (POA). It then explores different forms of forced technology transfer activities and the in-depth reasons for the US to shift its main IP concerns from IP enforcement to technology transfer. It explains why the US and China trade war is inevitable, why the current US-China IP-trade war is significantly different from previous ones, and the economic and political reasons behind the global technology leadership competition by the two countries. Finally, the author concludes that the POA and its technology transfer rules are not the ends of the game but just the start of the global technology leadership competition between the US and China. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26852 10.18060/26852 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26852/24601 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 4 (2022); 531-561 2169-3226 Title A name given to the resource The Political Economy of Technology Transfer Rules of the US-China Phase One Trade Agreement: Competition of Global Technology Leadership Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Seatzu, Francesco Date A point or period of time associated with an event in the lifecycle of the resource 2022-12-05 Description An account of the resource In the course of the last year Italy was confronted with the unusual request from the Vatican City to extradite an Italian national to face charges of embezzlement and misappropriation of Holy See funds. The Holy See requested the extradition of Cecilia Marogna, a self described intelligence analyst and private spy from Sardinia, who worked for Cardinal Angelo Becciu, a senior Vatican official who was demoted over embezzlement claims. The case has received considerable press coverage and attention through print and online media worldwide, not least because of its numerous twists and turns such as the arrest of Marogna in Milan on an Interpol warrant issued at the Holy See’s request, the sudden drop of the extradition request by the Vatican authorities, and Italy’s highest court ruling thatCecilia Marogna never should have been arrested before a court evaluated whether she could be extradited. The aim of this Article is to explore whether the extradition of an Italian national, from Italy to the Vatican, unlike what has been claimed by Marogna’s defense lawyers and implicitly accepted by the Vatican authorities that dropped the extradition request, is instead possible. The thesis defends this possibility regardless of the absence of a bilateral extradition treaty between Italy and the Vatican and of an ad hoc extradition agreement between Italy and the Holy See. But this is only provided that the request for extradition concerns an Italian citizen convicted or accused of corruption-related crimes like Cecilia Marogna. This Article will proceed as follows: after an introduction,Section 1 will discuss and reject an argument that infers a prohibition of extradition from Italy to the Vatican from the wording of Article 22 of the Lateran Treaty of 1929. Sections 2 and 3 will consider and exclude that an obstacle to extradition from Vatican City to Italy may be inferred from the poor quality of the criminal justice system in Vatican City or from the authoritarian character of the Vatican’s internal legal order that is only presumed but not demonstrated. Finally, Section 4 will claim and argue that a proper duty toextradite persons not only from the Vatican to Italy but also from Italy to the Vatican should be inferred from Articles 43 to 49 of the United Nations Convention against Corruption (UNAC) of which both Italy and the Vatican City/Holy See are bound as contracting parties. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26851 10.18060/26851 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26851/24600 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 4 (2022); 515-530 2169-3226 Title A name given to the resource Extraditing Persons from Italy to Vatican City: Chimera or Real Possibility? Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Wolman, Andrew Date A point or period of time associated with an event in the lifecycle of the resource 2022-09-19 Description An account of the resource Since at least 2013, Western courts judging refugee cases have accepted that North Koreans are, with rare exceptions, considered to be South Korean nationals under South Korean law. This Article explores the implications of this holding. Given this dual nationality, are North Koreans necessarily refused refugee status because they can be protected in South Korea? Or are there still routes to refugeestatus that may be available? This Article finds that North Koreans continue to have potential paths forward in their search for refugee status in the West. There are, broadly speaking, four different types of protection arguments evident in the jurisprudence from major host states. These are: (1) that an asylum seeker possesses a well-founded fear of persecution in South Korea as well as NorthKorea; (2) that South Korean nationality does not provide a right to enter the country, and should therefore be disregarded; (3) that South Korean nationality should not be recognized because it is not bestowed in a manner consistent with international norms; and (4) that an individual asylum seeker falls into an exceptional category whereby he or she lacks South Korean nationality. Each ofthese arguments has proved successful in certain cases, at least provisionally. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26524 10.18060/26524 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26524/24386 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 3 (2022); 403-424 2169-3226 Title A name given to the resource North Korean Asylum Seekers in the West: Is Dual Nationality Dispositive? Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Lemos, Miguel Date A point or period of time associated with an event in the lifecycle of the resource 2022-09-19 Description An account of the resource In Jordan Referral re Al-Bashir, the appeals chamber of the International Criminal Court (ICC) had to decide (1) whether Jordan had an obligation to arrest and surrender the sitting head of state of Sudan to the ICC for crimes against his own people and (2) whether to refer the matter of Jordan’s alleged noncompliance to the United Nations Security Council (UNSC). The appeals chamber tackled both questions inappropriately. On the one hand, in view of the lack of guidance from the UNSC and the whole mess created during the “AlBashir saga,” the chamber should have found that Jordan justifiably failed to comply with the arrest warrant issued by the ICC. On the other hand, the ICC should have referred the whole matter to the UNSC. This Article addresses these issues while surveying the centuries’ long evolution of the law on the international criminal responsibility of heads of state. While relying on prevalentaccounts on International Criminal Law (ICL), the appeals chamber narrates a story according to which, for a long time, heads of state enjoyed absolute immunity—even with regard to international criminal conduct. However, at present, such immunity does not operate before international courts. The whole story does not correspond to the most compelling account of the evolution of thelaw on international crimes. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26523 10.18060/26523 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26523/24385 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 3 (2022); 313-402 2169-3226 Title A name given to the resource The ICC as a "Tool" of the United Nations Security Council and the "Absurdity" of Head of State Immunity with Regard to International Crimes Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indiana International & Comparative Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Santana, Stella Emery Date A point or period of time associated with an event in the lifecycle of the resource 2022-09-19 Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journals.iupui.edu/index.php/iiclr/article/view/26522 10.18060/26522 Language A language of the resource eng Publisher An entity responsible for making the resource available Indiana University Robert H. McKinney School of Law Relation A related resource https://journals.iupui.edu/index.php/iiclr/article/view/26522/24384 Source A related resource from which the described resource is derived Indiana International & Comparative Law Review; Vol. 32 No. 2 (2022); 287-311 2169-3226 Title A name given to the resource The Legal Aspects of Water as a Human Right According to the 2030 Agenda: A Comparative Analysis Between Brazil and the United States of America Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion