Volume 21, Issue 2 (Spring 2017)

The five pieces in this Issue were written by exceptional academics and practitioners who have presented views on a wide range of topics, including international water law, international trade and investment, the legal status of non-governmental organizations in Russia, and China’s ever-growing role in international affairs. Available at HeinOnline, Westlaw, and LexisNexis.

Damage to Fisheries By Dams: The Interplay Between International Water Law and International Fisheries Law, by Paul Stanton Kibel. 21 UCLA J. Int’l L. & Foreign Aff. 121.

Paul Stanton Kibel explores the interplay between international water law and international fisheries law to better understand the impact of the construction and operation of dams on fisheries. He examines the complexities of the effects of dams on fisheries, aquatic habitats, and communities, recognizes the rights of upstream and downstream nations under international law and considers the environmental impact of such projects. Upon close assessment, he advocates that on-stream dams in transboundary regions be constructed and operated in a manner that minimizes impacts on fisheries and contributes to fishery restoration.

Setting the Rules of the Game: The Rise (and Fall) of Mega-Regionals, Deep Integration and the Role of the WTO, by Billy A. Melo Araujo. 21 UCLA J. Int’l L. & Foreign Aff. 151.

Billy A. Melo Araujo focuses his piece on the shift by nations away from the World Trade Organization (WTO) to Preferential Trade Agreements (PTAs) to pursue their trade policy objectives. He emphasizes the rise of the “mega-regional” PTAs as alternatives to multilateral agreements at the WTO level. Furthermore, Professor Araujo discusses the implications of this change and offers steps that should be considered in light of the new shape of the international trade regime.

When Two International Regimes Collide: An Analysis of the Tobacco Plain Packaging Disputes and Why Overlapping Jurisdiction of the WTO and Investment Tribunals Does Not Result in Convergence of Norms, by Stephanie Hartmann. 21 UCLA J. Int’l L. & Foreign Aff. 204.

Stephanie Hartmann observes the overlapping jurisdictions of the international trade and investment regimes, using tobacco plain packaging disputes to exemplify the divergence currently underway. She explains that this divergence is due primarily to differing approaches to treaty interpretation and treatment of decisions by other international tribunals. Professor Hartmann concludes that, despite an overlap in their jurisdiction, the international trade and investment regimes play distinct roles and should not be considered “duplicative.”

The Constitutionality of Russia’s “Undesirable” NGO Law, by John C. Hamlett. 21 UCLA J. Int’l L. & Foreign Aff. 246.

John C. Hamlett dissects recent efforts by Russian lawmakers to curb the ‘influence and activities of foreign non-governmental organizations (NGOs) in their country. He writes that the recent “Undesirable NGO Law” is the most aggressive step taken yet, under which NGOs may be effectively prohibited from continuing their operations in Russia. Mr. Hamlett identifies key legal questions surrounding the Undesirable NGO Law and analyzes the constitutionality of the law, ultimately concluding that it would likely withstand court scrutiny.

Weaponizing the Plumbing: Dollar Diplomacy, Yuan Internationalization, and the Future of Financial Sanctions, by Cameron Rotblat. 21 UCLA J. Int’l L. & Foreign Aff. 311.

Cameron Rotblat assesses China’s responses to the recent sanctions imposed against Iran by the international community. He argues that the structure imposed effectively curtails the possibility of a “snapback” of sanctions. Mr. Rotblat then goes on to analyze how U.S. policy has encouraged China to seek to “internationalize” their currency. He ultimately predicts that divergence of views between the two countries risks a bipolarization of the international financial structure.

Available at HeinOnline, Westlaw, and LexisNexis.

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