ABOUT THIS COLLECTION

The Arizona Journal of International and Comparative Law is published three times annually by the students of the James E. Rogers College of Law at the University of Arizona. The Journal publishes articles on a wide variety of international and comparative law topics in order to provide a forum for debate on current issues affecting international legal development including international and comparative law issues and tribal/indigenous peoples law.

The Journal has three major goals: to provide an opportunity for all members to publish articles on international and comparative law topics, to serve the publication needs of the Arizona Bar Association with respect to international law, and to provide practitioners, judges, and governmental bodies with a central source of information on international topics that increasingly arise in practice.

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Recent Submissions

  • Editorial Foreword

    Rysenbry, Elliot (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024)
  • Table of Contents

    The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024
  • Title Page

    The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024
  • United States Air Passenger Rights: Grounded or Cleared for Take-Off? [Note]

    Giar, M. Tanner (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024)
    The golden age of flying is no longer. ln the last two years, there has been an unprecedented surge in demand for air travel, and with that demand has come an equally unprecedented wave of passenger complaints relating to cancellations, delays, or other interruptions. Much of the allure that flying once possessed has been replaced with uncertainty, dissatisfaction, and frustration with what is and is not considered a passenger's right. This Note examines the current state of airline passenger rights in the United States and the European Union and how government regulation has shaped those rights. This Note delves into the intricacies of the current regulatory landscape in both regions and highlights the divergent approaches to addressing passenger concerns. The United States relies on the variability of carrier-specific contracts, leaving passengers uncertain about their rights and the assistance or compensation they might receive. ln contrast, the European Union's regulatory framework provides uniformity but poses challenges in the cumbersome process of obtaining compensation and creates an environment where airlines will not do more than what is strictly required. This Note posits that neither extreme serves passengers optimally and suggests that an effective solution lies in striking a balance that safeguards consumer interests while allowing airlines operational autonomy. This Note contributes to the ongoing discourse on airline passenger rights by offering a comparative analysis of regulatory approaches in the United States and the European Union. By scrutinizing proposed regulations in the United States, it seeks to provide insights into potential frameworks that could better serve the interests of consumers and the aviation industry, ultimately posing the question: Can a balanced regulatory model be crafted to ensure a win-win scenario for all stakeholders in air travel?
  • The Next Green Investment Bank: Comparing Australia's Clean Energy Finance Corporation with the United States' Greenhouse Gas Reduction Fund [Note]

    Brookes, Alexander (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024)
    The United States needs massive investments in green energy and infrastructure. As part of that investment, the Inflation Reduction Act of 2022 established the Greenhouse Gas Reduction Fund, a type of green investment bank. In 2012, Australia passed legislation that established the Clean Energy Finance Corporation, also a green investment bank. This Note explores the organization and efficiency of Australia's Clean Energy Finance Corporation and compares it to the possible investment models the United States could use in distributing the Greenhouse Gas Reduction Fund.
  • Money for Justice: Comparing Day Fines in Germany and Maricopa, County AZ [Note]

    Rysenbry, Elliot (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024)
    This Note examines the concept of day fines and their implementation in two contrasting jurisdictions: Arizona's Maricopa County and Germany. Day fines, a system of monetary sanctions weighted according to a person's income, gained traction in the twentieth century as a means of ensuring substantively equitable punishment regardless of an individual's financial status. Maricopa County, among a handful of other U.S. jurisdictions, experimented with day fines during the early 1990s, only to see its program falter due to legislative constraints and political dynamics. ln contrast, Germany has maintained a robust day fine system for over four decades, with a flexible yet occasionally heavy-handed approach. This Note delves into the historical and operational aspects of day fines, highlighting the differences in implementation between the two jurisdictions. It investigates the reasons behind the failure of the U.S. day fine experiment and its continued success in Germany, considering factors such as political climate, economic considerations, and procedural intricacies. By comparing these experiences, the article offers insights that might inform the potential adoption of day fine systems in the United States-serving as a resource for activists, scholars, and policymakers seeking to enhance the fairness and effectiveness of punitive measures.
  • Evolving Sovereignty Relationships Between Affiliated Jurisdictions: Lessons for Native American Jurisdictions [Article]

    Carter, Vaughan; Ku, Charlotte; Morriss, Andrew P. (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024)
    Though sovereignty is principally associated with governance over a territory and freedom to act in the international arena, this article examines sovereignty as empowerment. The study tests the applicability to Native American jurisdictions of the experiences of 15 jurisdictions presently associated with the United Kingdom, the Netherlands, and France in shared sovereign relationships. The focus is on the evolution of those relationships and opportunities for development where jurisdictions do not attain full control over their affairs. The case studies examine the relationships from the perspectives of political, economic, and cultural sovereignty. The article further examines the relationships in three dimensions: evolutionary, frictions, and interwoven governance. It concludes with identifying factors of political cohesion, leadership, and entrepreneurship; conditions of good governance; and structures of consultation that allow for leveraging even limited degrees of sovereignty for political, economic, and cultural advancement.
  • An Undefined Global Threat: A Brief History and the Human Rights Implications of the Lack of a Universal Definition of Terrorism [Article]

    Horowitz, Samuel I. (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024)
    This article seeks to stimulate truly critical thought on terrorism by providing a proposed universal definition. The background of this article briefly touches on the history of terrorism-broadly defined for historical analysis as the use of politically motivated violence by a non-state group against governments or the public. It then examines national and regional definitions of terrorism. Lastly, it provides an overview of international efforts aimed at defining, preventing, and criminalizing terrorism. The analysis explains why the lack of a universal definition is such a pressing issue for human rights. This article argues that the problem is one of both over- and under-inclusiveness: over-inclusiveness as to the proscribed conduct and under-inclusiveness as to perpetrators. Finally, the analysis proposes a universal definition of terrorism and presents the framework within which such a definition could be adopted and implemented at the international level.
  • Table of Contents

    The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023
  • Revisiting Actus Reus: A Survey of Aiding and Abetting Convictions in International Criminal Law [Article]

    Baghdassarian, Anoush (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023)
  • Judicial Oversight of Political Parties in New Democracies: The Cases of South Korea and Taiwan [Note]

    Wang, Shih-An (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023)
  • Justice for All: A Legal Comparison of the Role of Crime Victims in the United States, Arizona, and Spain [Note]

    Sirk, Ashley (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023)
  • Destiny in the Balance: Mapping the Future of Democratic Leadership in Africa [Article]

    Oko, Okechukwu (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023)
  • Barriers Impacting the Transfer of Genomic Data Between the U.S. and the U.K. for Precision Oncology Research [Note]

    Cotta, Brendan (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023)
  • The Making and the Breaking of Constitutions in Afghanistan [Article]

    Pasarlay, Shamshad (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023)
    In recent years as scholars have begun to strenuously study and evaluate the performance of written constitutions, the role of constitution-making processes in that venture is coming to the fore. Some scholars argue that the design of processes through which constitutions are written may have a bearing on the expected endurance and functioning of these important documents. In other words, the performance of constitutions is more pertinent, in some respects, to how they are produced than to what is actually written in them. In this paper, I evaluate constitution-making processes in Afghanistan and explore the role these processes played in producing “successful,” enduring constitutions. Specifically, I examine why some constitution-making processes in this country produced stable and enduring constitutions, whereas others crumbled before agreement on basic questions could be forged or begot short-lived, “failed” constitutions. I also highlight what role political elites, short-term partisan bargaining, and interests played in these constitution-making processes. Finally, I probe why many constitutions in Afghanistan have died young and why the death of constitutions has been violent.
  • Telegraph, Telephone and the Internet: The Making of the Symbiotic Model of Surveillance States [Article]

    Zang, Dongsheng (The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023)
  • Editorial Foreword

    The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023
  • Table of Contents

    The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023
  • Title Page

    The University of Arizona James E. Rogers College of Law (Tucson, AZ), 2023

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