Author: MJIL Online

Altera, the Arm’s Length Standard, and Customary International Tax Law

Cite: Reuven S. Avi-Yonah, Altera, the Arm’s Length Standard, and Customary International Tax Law, 38 MJILOpinioJuris 1 (2017), http://www.mjilonline.org/altera. (PDF) ALTERA, THE ARM’S LENGTH STANDARD, AND CUSTOMARY INTERNATIONAL TAX LAW Reuven S. Avi-Yonah* Irwin I. Cohn Professor of Law, the University of Michigan  Abstract The recent Altera case in the US Tax Court (on appeal […]

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International Treaty Law & Modern Slavery

International Treaty Law & Modern Slavery

Julie Gulledge Vol. 39 Associate Editor Today, human trafficking remains the fastest-growing criminal activity in the world, generating billions of dollars annually and enslaving an estimated 46 million people.[1] States have been working together to combat slavery and human servitude for over two centuries: Sovereign states began to pass legislation banning the slave trade from the […]

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Immigration and the Tension between an Ever-Closer Union and Sovereignty

Immigration and the Tension between an Ever-Closer Union and Sovereignty

Christopher Linnan Vol. 39 Associate Editors The 1957 Treaty of Rome created the European Economic Community—the forerunner of the European Union (EU).[1] The treaty’s first proclamation was that it was “determined to lay the foundations of an ever-closer union among the peoples of Europe.”[2] The “ever-closer union” language has become a mainstay of European Union […]

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Human Trafficking: Diplomatic Immunity or Impunity?

Human Trafficking: Diplomatic Immunity or Impunity?

Maya Jacob & Hunter Davis Vol. 39 Associate Editors In June 2017, Bangladesh’s Deputy Consul General in New York, Mohammed Shaheldul Islam, was charged in a 33–count indictment for crimes related to labor trafficking and assault.[1] Islam brought another Bangladeshi man, Mohammed Amin, to the United States in 2012 or 2013 to serve as a domestic […]

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The Catalan Case for Cutting ties with Castilla: Convincing or Quixotic?

Jack Heise Vol. 39 Associate Editor If Carles Puigdemont, President of the Generalitat de Catalunya, gets his way, Barcelona will no longer be part of Spain.[1] While the kingdom created by the union of King Ferdinand and Queen Isabella in the 15th century included Catalunya,[2] there has existed a lingering sense of separateness, visible both […]

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Volume 38:1

Articles Damjan Kukovec Economic Law, Inequality, and Hidden Hierarchies on the EU Internal Market // pdf // repository Lan Cao Currency Wars and the Erosion of Dollar Hegemony // pdf // repository Ryan Scoville and Milan Markovic How Cosmopolitan are International Law Professors? // pdf // repository Note Bridget Carr Refugees Without Borders: Legal Implications of […]

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Reports on the Syrian Arab Republic

Katrin Cassidy-Ginsberg Vol. 39 Contributing Editor On March 1, 2017, the Independent International Commission of Inquiry on the Syrian Arab Republic released its report on the events in Aleppo and the “alleged violations and abuses of international human rights law.”[1] Based on extensive evidence gathered through interviews and reviewing data that included satellite imagery, photographs, […]

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Freedom of Movement

Cite as: James C. Hathaway, The Michigan Guidelines on Refugee Freedom of Movement, 39 Mich. J. Int’l L. 1 (2017). THE MICHIGAN GUIDELINES ON REFUGEE FREEDOM OF MOVEMENT English / French Freedom of movement is essential for refugees to enjoy meaningful protection against the risk of being persecuted, and enables them to establish themselves socially and economically […]

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A Snapshot of the Status of the UK’s Bilateral Investment Treaties and Related International Arbitration After Brexit

Jose-Ignacio Saldana Vol. 39 Notes Editor The exit of the UK from the EU has raised concerns amongst foreign investors amid the uncertainty of the future of the UK’s investment relationships. The UK maintains one of the largest bilateral investment treaty (BIT) networks in the world[1]—the international community is interested in the UK’s position on […]

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Withdrawals from the Rome Statute: Continuing the saga of institutional (il)legitimacy

Francis Tom Temprosa LLM Candidate & Clyde Alton DeWitt Fellow The recent series of expressions to withdraw from the Rome Statute, including Burundi’s successful withdrawal,[i] is not surprising to legal scholars who have closely watched events unfolding before the International Criminal Court (ICC). Prosecutions at the ICC have raised deeper questions about complementarity, and whether […]

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