Ius Gentium

University of Baltimore School of Law's Center for International and Comparative Law Fellows discuss international and comparative legal issues


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The Ugly Side of International Tournaments

Christian Kim

Brazil, as the hosts of the 2014 World Cup, had the opportunity to show the world that they could host a successful tournament.  Even before Brazil’s shocking 7-1 loss to Germany, many Brazilians were already displeased with the World Cup.[1]  To prepare for the tournament and the eventual 2016 Summer Olympic Games in Rio, Brazil tried to pacify their country by tearing down the drug-infested and crowded slums known as the favelas.[2]  Although China, England, and South Africa used similar beautification tactics before their respective tournaments, the Brazilian government did this at an unprecedented rate and often in violation of their domestic law.[3]

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For one, many Brazilians were given very little notice before these evictions and almost little to no compensation for their removals.[4]  Although the World Cup and Olympic officials in Brazil claim that, “no forced evictions have been conducted… independent research by local NGOs…including Amnesty International and WITNESS have proven otherwise.”[5]  An example of these evictions is in the region of Mare, home to over 130,000 working class citizens.  Even though Mare is not as bad as some of Brazil’s notorious favelas, the military police ordered these residents to leave immediately.[6]  Instead of being offered feasible housing alternatives, thousands of families were violently thrown out onto the street to fend for themselves.[7]  As a result, many Brazilians are asking the International Olympic Committee (IOC) to address these human rights issues but the IOC has not done much.[8]  A few NGOs from other countries have pushed to revoke Brazil’s Olympic hosting rights.  With less than six months before the Olympics, even if Brazil were to give up hosting rights, finding a replacement would be logistically impossible.  Bearing the mistakes of Brazil in mind, the international community should turn their focus to future international tournaments, such as the 2022 World Cup in Qatar, to prevent this occurrence from happening again.

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Unfortunately, there seems to be a correlation with international tournaments and host nations violating human rights; however, none are as bad as Qatar’s preparations for the 2022 World Cup.  The rights to host the World Cup in Qatar spurred huge infrastructure projects, at an estimated USD $100 billion.[9]  In preparations for the World Cup, Qatar invited millions of migrant workers from mostly poor South and Southeast Asian nations.[10]  Many of these migrant workers were lured into the country under false pretenses and have been paid substantially less than what was promised.[11]  These migrant workers have also been forced to sleep in unsanitary homes and subject to harsh working conditions.[12]  Studies on migrant worker’s conditions have estimated more than 1,000 accidents per year, with 10% of these workers paralyzed from the accident.[13]  A shocking report from the International Trade Union Confederation has estimated that over 4,000 laborers will die during the preparations for the World Cup.[14]  Despite complaints from various international organizations, the Qatari Football Association has denied these issues citing, “prejudice and racism” as reasons why the international community is criticizing Qatar’s preparations.[15]

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Even if migrant workers in Qatar wanted to leave, they cannot under the kafala system.  The kafala system, bars these migrant workers from leaving or changing jobs without their employers’ approval and many employers take away their passports to ensure this.[16]  Without being able to change jobs or unionize for better working conditions, Qatar is essentially trapping these migrant workers into what some NGOs are calling, “modern day slavery.”[17]  Qatar and their migrant worker plight was put under the international spotlight last year during the aftermath of the deveastating earthquakes in Nepal.  A good portion of the migrant workers come from Nepal and many had relatives affected from the earthquake.  Most, if not all Nepali migrant workers, were denied leave by their employers because of the kafala system.[18] With all of these human rights violations occurring in Qatar, many of the migrant workers are looking to FIFA for help.

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Recently, many of FIFA’s top officials, including FIFA President Sepp Blatter, were arrested on corruption charges.[19]  With Sepp Blatter’s resignation, there’s a chance for FIFA to make sure that the incoming officials will enforce better working conditions for the migrant workers in Qatar.  One way to ensure a new generation of competent FIFA officials is to have the UN Human Rights Council observe FIFA and work hand-in-hand with Qatar’s Football Association.  Since all Member States of the UN Human Rights Council (HRC) compete in the Olympics and the World Cup, they should have a vested interest in Qatar’s compliance with human rights standards.[20]  The HRC’s goals are to promote and protect human rights for all.[21]  The HRC has the capacity to work with international organizations, like FIFA, and the HRC can work with FIFA to set standards, monitor, and implement better working conditions for these migrant workers.[22]  As one of the members of the HRC, Qatar should be held to a higher standard and ensure better working conditions for the migrant workers.

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Qatar is also a member of the International Labour Organization (ILO) and even ratified the Convention on Forced Labor.[23]  This convention defines forced labor as, “work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”  The ILO has given examples of involuntary work such as: physical confinement in the work location, deception about types and terms of work, withholding and non-payment of wages, and retention of identity documents.[24]  One of the basic principles of international law is that international agreements ought to be followed in good faith (the principle of pacta sunt servanda).  As a party to the ILO and HRC, Qatar has a duty to follow the goals of these organizations by respecting and promoting these migrant worker’s human rights.  If Qatar does not comply, pressure from the international community to withdraw Qatar’s hosting rights might work.  Unlike the 2016 Summer Olympics in Brazil, there’s an ample amount of time to change the hosts before the 2022 World Cup.  We, as the international community, have a duty to enforce international human rights obligations.  If countries like Qatar play dirty off the pitch, why should the international community allow them to host the “beautiful game”?

Christian Kim is a 2L at the University of Baltimore School of Law and graduated from the University of Maryland with a Bachelor of Arts in Criminal Justice. He currently serves as the President of the Asian Pacific American Law Student Association as well as the 2L Rep for the Student Bar Association. His interests are East Asian politics, international conflicts, and human rights.  Before Law School, Christian has worked for the Korean Ministry of Education as a TaLK (Teach and Learn in Korea) Scholar and Coordinator for two years. He is currently a legal intern at the Hermina Law Group and a law clerk for the Law Office of Hayley Tamburello.

 

[1] http://www.bbc.co.uk/sport/football/28102403

[2] http://www.truth-out.org/news/item/24248-rio-state-of-mind-favela-pacification-and-the-2014-world-cup

[3] http://www.theguardian.com/world/2013/dec/05/world-cup-favelas-socially-cleansed-olympics

[4] https://www.amnesty.org/en/latest/news/2011/11/brazil-forced-evictions-must-not-mar-rio-olympics/

[5] Id.

[6] http://revolution-news.com/brazil-police-evict-5-thousand-poor-people-at-gunpoint/

[7] Id.

[8] http://www.theguardian.com/world/2015/dec/08/rio-olympics-2016-human-rights-violations-report

[9] http://www.bbc.com/news/magazine-33019838

[10] http://www.thenation.com/article/qatars-world-cup-preparations-could-kill-as-many-as-4000-migrant-workers/

[11] http://www.theguardian.com/global-development/2014/jun/20/qatar-promises-change-unpaid-migrant-workers

[12] https://www.hrw.org/world-report/2015/country-chapters/qatar

[13] http://humantraffickingcenter.org/posts-by-htc-associates/a-world-cup-built-on-exploitation-and-forced-labor-in-qatar/

[14] Id.

[15] http://sports.yahoo.com/news/no-way-qatar-lose-2022-world-cup-foreign-154654987–finance.html;_ylt=A0LEVizb36pWkU4AoncPxQt.;_ylu=X3oDMTByNXQ0NThjBGNvbG8DYmYxBHBvcwM1BHZ0aWQDBHNlYwNzcg–

[16] https://www.hrw.org/world-report/2015/country-chapters/qatar

[17] http://www.businessinsider.com/qatar-slavery-build-a-2022-world-cup-2013-9

[18] http://www.theguardian.com/world/2015/may/24/qatar-denies-nepalese-world-cup-workers-leave-after-earthquakes

[19] http://www.theatlantic.com/international/archive/2015/05/fifa-corruption-arrests/394199/

[20] http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx

[21] http://www.ohchr.org/EN/AboutUs/Pages/WhatWeDo.aspx

[22] http://www.ohchr.org/EN/AboutUs/Pages/HowWeDoIt.aspx

[23] https://www.hrw.org/report/2012/06/12/building-better-world-cup/protecting-migrant-workers-qatar-ahead-fifa-2022#_ftn79

[24] Id.

 

 

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The Visa Waiver Program’s New and Improved Two-Tier System

Shane Bagwell

America’s most recent change to its immigration system has been a disastrous oversight of secondary consequences that often come as the result of hasty, reactionary politics. Updates to the Visa Waiver Program were generally positive, but a provision included in the update meant to restrict the travel rights of certain groups backfired. Here we will review the program, the changes, and the potential repairs planned for VWP.

The Visa Waiver Program authorizes citizens of participating countries to travel to the United States without a visa for stays of 90 days or less, avoiding the burden of applying through a U.S. Embassy or Consulate prior to entry into the country.[1] Started in 1986, the program was intended to facilitate tourism and short-term business stays, while cutting red tape and shifting State Department resources to more high priority tasks.[2]

Countries which are currently authorized under the Visa Waiver Program:

VWP

 

In light of recent events around the world, anti-immigrant, anti-refugee, and anti-Muslim sentiments have been inflamed, particularly in the west. As a result of these fears, the U.S. Congress passed the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015”, section 3 of which prevented persons from entering the United States under the Visa Waiver Program if the person: “has been present, at any time on or after March 1, 2011, in Iraq or Syria, in a country designated as one that has repeatedly provided support for acts of international terrorism, or in any other country or area of concern designated by the Department of Homeland Security (DHS); and regardless of whether the alien is a national of a program country, is not a national of Iraq or Syria, a country designated as a country that has repeatedly provided support for acts of international terrorism, or any other country or area of concern.”

The second part of this change, that “regardless of whether the alien is a national of a program country” a person may be excluded as a member of a class due only to their other citizenship has been most troubling to civil rights advocates and others.[3] There has been particular uproar from the Iranian-American community, due in part to the fact that Iranian citizens are unable to renounce citizenship, and it passed down to children in certain situations. For example, Article 976 of the Civil Code of Iran states that a child born to an Iranian father, no matter where they may have been born, is an Iranian citizen. This means that, for citizenship purposes, a child whose grandfather was Iranian, but who has no cultural or political ties to Iran may be an Iranian citizen through patrilineal descent.

The second section of the act failed to make exceptions for any group visiting countries such as Syria or Iraq for legitimate purposes. The Obama administration announced that certain groups would be exempted from the visa requirement, such as journalists, humanitarian workers, those traveling on behalf of international organizations or local governments, as well as those who have visited Iraq for “legitimate business-related purposes,” or travelled to Iran after July 14, 2015.[4] These actions have received pushback from Republicans, who believe that the unilateral granting of exemptions was not authorized in the bill.

PassportControl

Because the Visa Waiver Program is reciprocal, there is a likelihood that these restrictions will be matched by partner countries.[5] Rep. Jared Hauffman (CA-2)., in a letter to President Obama, stated that “[b]ecause the VWP is founded on reciprocity, our U.S. citizen constituents are concerned that this exclusion could result in our VWP partners severely restricting, or entirely ending, visa-free travel for certain U.S. citizens.” This presents an awkward circumstance for Americans who hold multiple citizenships, either by choice or involuntarily.

Rep. Justin Amash (MI-3) introduced the Equal Protection in Travel Act of 2016 on January 13th to repeal the controversial section that applies only to dual nationals of Visa Waiver Program countries.[6]  The bill has received broad bipartisan support, but, in an unpredictable Congress, nothing is certain. As such, it is possible that the restrictions could remain in place, and that retaliatory measures could be taken reducing the utility of U.S. passports for dual nationals under the program.

Until the Equal Protection in Travel Act is signed in to law, the status of dual nations in Visa Waiver Program countries remains in flux. Without swift congressional action, the rules will remain in place, and could cause chaos for dual national travelers within the network. It is worth noting that Canadian citizens are visa exempt and are not participants in the Visa Waiver Program, and therefore the new restrictions do not apply to Canadian citizens who have dual nationality in one of the specified countries.[7]

Shane Bagwell is a 3L at the University of Baltimore School of Law, and a graduate of West Chester University with a Bachelor of Arts in Political Science. He currently serves as the President of the Military Law Association. His interests are Middle Eastern politics, international conflicts, and the law of land warfare. He is currently a law clerk for the Office of the State’s Attorney for Baltimore City, Economic Crimes Division.

[1]     “Visa Waiver Program,” U.S. Dept. of State, https://travel.state.gov/content/visas/en/visit/visa-waiver-program.html

[2]     Visa Waiver Permanent Program Act, Pub. L. 106-396, https://www.gpo.gov/fdsys/pkg/PLAW-106publ396/html/PLAW-106publ396.htm

[3]     These Changes To Tighten Visa Waiver Program Are Now In Effect, NPR. http://www.npr.org/sections/thetwo-way/2016/01/21/463846286/these-changes-to-tighten-visa-waiver-program-are-now-in-effect

[4]     Visa Waiver: U.S. Visa Rules Eased For Some European Travelers Who Visit Terrorist Hotspots, HNGN. http://www.hngn.com/articles/172169/20160122/visa-waiver-u-s-rules-eased-european-travelers-who-visit.htm

[5]     Austin, L. G. (2015, December 18). Visa Waiver Program Improvement Act short on prevention but punitive towards Iranian Americans, the Hill. http://thehill.com/blogs/congress-blog/foreign-policy/263661-visa-waiver-program-improvement-act-short-on-prevention

[6]     Equal Protection in Travel Act of 2016, H.R.4380, 114th Cong. (Referred to the House Committee on the Judiciary 1/13/2016)

[7]     8 CFR §212.1(a)

 


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Governmental Media Regulation: U.S. vs. Bhutan

Raiven Taylor

As we all know, the media is used to spread the most recent news and current events. What many people do not know is that the media have rules and regulations they must follow in order to stay on TV and/or the radio. Many rules that regulate the media differ from country to country. Although the U.S. Constitution’s First Amendment guarantees the right to freedom of the press, usually with minimum regulations, other countries, such as Bhutan, which will be explored in this blog, do not have such freedom.

The U.S. gives most leeway to print media, such as newspapers, magazines, and flyers.[i] The only real regulation for print media is to deter defamation. [ii]  Defamation happens when untrue information is printed that may cause harm to someone.[iii] Defamation can be either written (libel) or communicated verbally (slander). Broadcasting media are a little more regulated than print.

Media1

Broadcasting media are also regulated against defamation. In fact, broadcasters and their networks can be sued for slander.[iv] Broadcasting is also heavily regulated by the Federal Communications Commission (FCC).[v] The FCC polices the content of the airwaves and has the authority to fine or revoke broadcasting licenses for violating any of the following: broadcasting obscene programs at any time, broadcasting indecent programs during certain hours, or broadcasting profane language during certain hours.

Having regulations on the media could eventually spill into social media. However, to date, the U.S. has only come up with basic regulations on social media, such as the right of privacy, how one may create social media policies, and protocols for marketing on social media.[vi] Because social media is a growing media source, it has been very hard for the government to regulate.

Media2

On the other hand, Bhutan has more restrictions on media outlets. Even though Bhutan claims to have a Constitution allowing free speech and opinion, Bhutan has an Act that prohibits criticism of the king as well as anything that may undermine or attempt to undermine the security and sovereignty of Bhutan.[vii] The government even restricts and censors topics that involve Nepali-speaking residents having to leave Bhutan.[viii] Many of the media outlets hesitate to push the limits of the regulations because the media depends on the government for funding and support.[ix]

Bhutan is a country that is far behind the times on Internet and television, both of which arrived in 1999.[x]  Even though Bhutan was behind the times, almost 10% of their population is on social media.[xi] Social media gives the Bhutanese an outlet to express their own opinions and views and changed the idea of criticizing the government, giving the younger generation an opportunity to have an opinion. [xii] However, due to the growth of social media and the presence of the population on social media in Bhutan, the government decided in 2014 to draft policy on the use of social media.[xiii]

Media3

The government agreed that a huge benefit of having a social media policy would be for the government to engage its citizens and officials in the use of social media to share government information as a developmental tool for social, economic, and political change.[xiv] Discussions concerning social media use in Bhutan have even led to the idea of incorporating curriculum in the schools to have a social media component.[xv] Even though the Bhutanese government may appear to support the idea of social media and is not trying to regulate social media, the government has created guidelines one must follow when using social media. These include the requirement to be accurate, to never post anything malicious or misleading, to respect the Constitution and all laws, and to act in good judgment.[xvi] These are many things that young people do not think of when posting their opinions.

Given an option between the United States and Bhutan, I would choose to use social media in the U.S. The U.S. may regulate TV, radio, and print, but it does not regulate it in a way that would affect one’s rights. The U.S. can write, state, or show on TV what’s going on in the government, even if they disagree with what the government is doing. On the other hand, Bhutan regulates its media outlets in a way that only shines light on the government’s positive aspects instead of the negative. The Bhutanese government does not allow its citizens to share their opinions if they disagree with what the government is doing. While beneficial to maintaining the status quo in Bhutan, this restriction of rights affects the rights of the media and Bhutanese citizens alike.

Raiven Taylor is third year law student at the University of Baltimiore School of Law and is completing her concentration in International Law. She has an undergraduate degree in Political Science from Bowie State University. She has studied abroad in London, England and Clermond-Ferrand, France. She is an Senior Staff Editor for the Journal for International Law as well as Secretary for the International Law Society. Additionally, Raiven is a Rule 16 student attorney in the Immigrant Rights Clinic. Her passion and interest in international law is human trafficking and international human rights law.

[i] http://study.com/academy/lesson/rules-governing-the-media-definition-examples.html

[ii] Id.

[iii] Id.

[iv] Id.

[v] Id.

[vi] http://blogs.forrester.com/nick_hayes/13-07-31-five_common_legal_regulatory_challenges_with_social_media

[vii] https://freedomhouse.org/report/freedom-press/2013/bhutan

[viii] id.

[ix] Id.

[x] http://www.bbc.com/news/world-asia-25314578

[xi] Id.

[xii] Id.

[xiii] http://www.undp.org/content/bhutan/en/home/presscenter/articles/2015/01/14/bhutan-forms-its-first-social-media-policy.html

[xiv] Id.

[xv] Id.

[xvi] http://www.gnhc.gov.bt/wp-content/uploads/2011/05/RGoB-Draft-Social-Media-Policy.pdf


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Getting Global Tax Into Top Gear:  How Russia’s New Oil Tax Regime Supports the Case for an Old Reform Theory

Julia Brent

The global tax system needs an overhaul.[1]  The growth of international opportunity has created a danger for the economic health of many countries in the form of tax base erosion. Multi-national companies (MNCs) raise revenues by using domestic tax laws to shift profits in a system that puts investors in the dark, hinders compliance, and encourages peculiar, need-of-the-moment legislation.  Examples of such piecemeal legislation include the current U.S. Senate proposal for a temporary 6.5 percent repatriation tax holiday to fund highways[2] or Belgium’s 2016 proposed “Diamond Regime,” which eliminates the ability to carry forward losses of the MNCs of that industry.[3]

Reform is needed. One much-criticized theory of reform, called “Formulary Apportionment” (FA), still holds its ground in scholastic circles,[4] and this paper attempts to defray a criticism that FA potentially distorts the market, and therefore should be dismissed. FA would restructure a MNC’s taxes so that it pays income in a country based on a formula-based fraction of total income. The goal of FA is to repatriate income that has gravitated to low-tax countries and, in so doing, has undermined the local tax base.  Russia’s new tax regime weakens the criticism of FA in a surprising way: Russia’s recent attempts to create a growth-oriented tax system resulted in negative market distortion despite their best efforts.  This example negates dismissing the theory of FA reform out of hand on the basis of a difficulty faced by tax systems generally.  In addition, the reason for the market distortion in Russia supports FA, in that during the post-2000 tax regime, the oil industry went against its own interests and gravitated toward low-tax products, actions that would have undermined the industry base but for other factors. [5]

JB 1

FA reform is based on a formula-based fraction of total income (sales, payroll, and capital stock), with the fraction tied to the geographic point of sale.  In the U.S., MNCs currently determine their profits separately in each operational jurisdiction, while goods or services are sent all over the world.  A system of FA would replace this separate accounting method.  For example, a MNC would pay U.S. taxes only on the share from its total income that is allocated to the United States.

A move to FA would noticeably reduce incentives to shift economic activity or income to low-tax countries, and by treating similar firms in a uniform fashion, regardless of where they are incorporated, would eliminate much administrative complexity.  The theory, however, has been regarded as having many faults, most of which center around the hazards of applying the method in the current environment of different systems and different currencies.  One stand-alone criticism, and the subject of this blog post and the two subsequent posts over the next weeks, is that there would be problems in violations of a commitment to a growth-oriented tax system that minimizes the distortions of market signals (the stated OECD goal for tax reform among OECD nations).[6]  However, it could be argued that the FA method of taxing based on geographic location of sales would likely support growth because it allows for a “local” government, which is closer to the source income, to potentially promote the industry with careful tax design.

Russia’s new tax regime has such a goal for its oil industry; policy-makers’ desire to stimulate upgrades in its oil refineries. Russian refineries were originally built to satisfy the demands of the Soviet industry, and, as of 2000, produced large volumes of fuel oil, low-quality diesel, and low-octane gasoline.[7]  Its crude was mostly processed to be fuel oil for domestic heating needs.[8]  Now, the market has a permanent demand for the higher flashpoint fractions, i.e., high-octane gasoline, petrochemical feedstock, and jet fuel.[9]  In 2000, the government took on configuring a “growth-oriented tax system,” one that would not only encourage refinery upgrades, but also satisfy the needs of the government, since thirty-two percent (32%) of Russian government revenue comes from oil-extraction taxes.[10]

JB 2

To stimulate refining depth, Russia implemented the equivalent of a micro-version of FA when applied to the Vertical Integrated Oil Companies (VIOCs) (the “well to pump” large companies, like Royal Dutch Shell or Exxon).  The oil industry has two sectors generally, “upstream” and “downstream.” The first refers to all aspects of lifting crude from a field, and the second refining the crude (either by straight run or the more processing-intense ‘cracking’) to produce valuable products like gasoline.  Refineries, obviously, are part of the downstream sector.   Russia chose to structure its tax burden evenly between the upstream and downstream sectors, in the hopes of creating cross-subsidy between upstream and downstream segments, providing significant impetus to refineries, including primary processing plants.  This it did by lowering export duties on oil products, and pricing crude oil domestically as a function of export netback price.[11]  “Netback” subtracts the costs associated with bringing one unit of oil to the marketplace from all of the revenues from the sale of all the products generated from that same unit.  By basing the tax regime on the concept of “netback” and then working backward to figure tax on a fraction that is tied to sector, this is similar to the structure of FA when applied to the microcosm of a VIOC.

The result was that since the year 2000, the total output of Russian refineries has risen from 190 million tonnes to 302.5 million tons, with VIOCs accounting for 57% of increased volume.[12] In only eight years, from 2005 to 2013, total downstream investments by domestic VIOCs soared from US$1.4b to US$10b, with investments over the past three years rising by US$2.3b*.[13]

JB 3

An interesting aspect in this result was that the initial response by the VIOCs was to use the savings on exports to just do more of what they were already doing, i.e. producing low grade oil products.  Although dashing the hopes of Russian policymakers, the tax maneuver indirectly drove refinery upgrades as the extra funds were available as VIOCs responded to market pressure by ultimately upgrading the refineries.

Though the result appears to strengthen the criticism that FA results in negative market distortion, it actually undermines the criticism for two reasons. First, by virtue of the fact that distortions simply happen despite efforts to the contrary: a favorable tax environment was and is seen in Russia as a crucial driver of investment activity in the downstream segment.  A general attack discounting FA as a legitimate theory for this reason is inadequate at best, since FA is such a large system reform.

Second, the Russian cross-subsidy example supports the FA reform broadly in an unexpected way.  FA advocates assert that the current system generates a large tax incentive to earn income in low-tax countries, and multinational firms respond by earning disproportionate profits in low-tax locations.  In the Russian example, even though it was in the VIOC leaders’ best interests to upgrade refineries – and there were many upgrades that were financially feasible – when faced with the lowered duties on exported oil products, rather than upgrading, producers gravitated toward the low-taxed products in their own industry.

In my next blog I will discuss how the recent Russian bunker oil pricing continues the global tax reform analysis. Stay tuned!

Julia Brent is a third year law student at the University of Baltimore, focusing on International Tax (candidate for J.D. 2016). Julia graduated from the University of Hawaii with a B.A. in political science. As a CICL Fellow, she is interested in the tax impact of cross-border transactions on medium to large businesses. Julia has extensive experience in the management of high volume cases, including handling distributions related to a multi-million dollar art estate and managing all expert witness contracts for the Savings & Loan (WINSTAR) litigation, a $30 billion dispute involving 125 cases, on-site at the Department of Justice.

[1] http://www.cnbc.com/2014/01/21/global-tax-system-needs-overhaul-say-ceos-at-davos.html

[2] http://www.economics21.org/commentary/portman-schumer-international-corporate-tax-reform-07-20-2015

[3] http://www.pwc.be/en/news-publications/news/tax-reform.html

[4] http://www.taxpolicycenter.org/briefing-book/key-elements/international/formulary-apportionment.cfm

[5] http://www.irishtimes.com/news/world/europe/russia-forecasts-recession-as-oil-price-slump-takes-toll-1.2048933

[6] https://www.osler.com/en/resources/regulations/2013/oecd/oecd-g20-international-tax-reform-potential-impac

[7] http://www.ogj.com/articles/print/volume-98/issue-13/special-report/refinery-upgrades-essential-to-russian-recovery.html

[8] http://www.ey.com/Publication/vwLUAssets/EY-Russias-downstream-sector-sights-set-on-modernization/$FILE/EY-Russias-downstream-sector-sights-set-on-modernization.pdf

[9] https://www.iea.org/oilmarketreport/omrpublic/

[10] http://www.ey.com/Publication/vwLUAssets/EY-Russias-downstream-sector-sights-set-on-modernization/$FILE/EY-Russias-downstream-sector-sights-set-on-modernization.pdf

[11] http://www.ogj.com/articles/print/volume-98/issue-13/special-report/refinery-upgrades-essential-to-russian-recovery.html

[12] http://www.ey.com/Publication/vwLUAssets/EY-Russias-downstream-sector-sights-set-on-modernization/$FILE/EY-Russias-downstream-sector-sights-set-on-modernization.pdf

[13] http://www.ey.com/Publication/vwLUAssets/EY-Russias-downstream-sector-sights-set-on-modernization/$FILE/EY-Russias-downstream-sector-sights-set-on-modernization.pdf


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Where Would You Rather Be? Protections of Victims of Human Trafficking

Raiven Taylor

The U.S. State Department keeps track of the annual numbers of trafficking victims in each country throughout the world. The State Department not only keeps track of the victims found, but also the laws of preventing trafficking, protecting victims, and prosecuting traffickers. There are a number of countries that help, in various ways, protect trafficked victims from re-victimization, while other countries do nothing at all The United States is a Tier 1 country, which simply means the government fully complies with the minimum standards to eliminate human trafficking.[i] (The last blog post goes into greater detail on the Tier categories).

The U.S. has standards in place to protect victims of human trafficking. It created the Trafficking Victims Protection Act (TVPA) to establish methods of not only protecting trafficked survivors, but also to prosecute traffickers and and prevent trafficking.[ii] The Act provides protections involving identifying victims, providing shelter and medical care, and repatriation.[iii] The Act authorizes the Department of Homeland Security (DHS) to permit a human trafficking victim to remain in the U.S.[iv] This is done through the T-Visa. This visa allows victims to become temporary residents that may allow them to become eligible for permanent residency after three years. [v]The TPVA also offers protections by making trafficked victims eligible for witness protection programs as well as other federal and state benefits to the same extent as refugees.[vi]

TVPRA

The TPVA also attempts to protect unknown victims of trafficking. The 2008 provisions of the Act require unaccompanied minor children to be screened as possible trafficking victims and to then be transferred within 48 hours to the custody of Health and Human Services.[vii] In other forms of protection, the U.S. has federally funded victim assistance case management. The case management includes referrals to resources such as: dental and medical care, employment and training services, substance abuse treatments, and many more, including advocacy.[viii] The funding for victim assistance was increased by the Department of Health and Human Services’ (HHS) Office of Refugee Resettlement (ORR). HHS enabled trafficking victims of other countries the same benefits as Refugees.[ix]  In 2013, about $7.9 million dollars went to 19 victim services across the U.S..[x]

Trafficking Blog 2

Even though the U.S. seems to do a lot, especially in funding victim services, there are non-governmental organizations (NGO) that still believe the government could do more. NGOs have concerns that the U.S. does not consistently take the victim-centered approach that it should.[xi] A victim-centered approach is an approach taken that “seeks to minimize re-traumatization associated with the criminal justice process by providing the support of victim advocates and service providers, empowering survivors as engaged participants in the process, and providing survivors an opportunity to play a role in seeing their traffickers.”[xii] There are also concerns that the employees that handle victims do not have proper training and guidance to provide the critical support that some victims need.[xiii]

Although the U.S. has things it could work on to better improve the protections offered to victims, there are other countries that do not do half of what the U.S. does. For instance, Cuba is a Tier 3 country and does not fully comply with the minimum standards of eliminating trafficking. The Cuban government has not officially reported on its protections of trafficked victims nor did it report the procedures it has in place to protect victims or guide officials in identifying victims. However, the government does have shelters for victims, although it does not keep track or verify that the victims actually receive any kind of assistance for treatment.[xiv] Recommendations for Cuba consist of: strengthening its efforts to provide special training for police and social workers to protect trafficked victims, build clear procedures on identifying victims, and continue funding victim-centered practices.[xv]

Human Trafficking BarCode

It is reported that Cuba does not comply with the minimum standards because the government is involved in human trafficking.[xvi] Cuba has offered its opinion in statements stating that this is not happening within its government. However, these statements come from very biased individuals. Cuba has been a Tier 3 country for the last twelve years and continues to not comply with standards. Although Cuba is just one of many countries that are considered a Tier 3 country, it is always difficult to tell if these countries fall in this category by choice or because they do not have the means to be able to rise out its condition. Cuba continues to tell the U.S. government that it will do better year after year, however it is never shown in their reports.

Another example is Cambodia. Cambodia was placed on the Tier 2 Watch List.[xvii] According to the State Department, Cambodia’s government has procedures in place to identify victims and refer them to NGOs. However, Cambodia is on the Tier 2 Watch List because the amount of victims identified continues to decline.[xviii] Cambodia has government operated shelters to take in victims of trafficking, but once the victims arrive, the government has very little to do with further assisting them.[xix] The majority of assistance given to trafficked victims (medical, legal, shelter, and vocational services) in Cambodia is administered by NGOs in Cambodia, instead of the Cambodian government.[xx] However, there have been reports that some NGO shelters subject their victims to even more abuse and that they cannot provide the victims adequate care.[xxi] The Cambodian government has no policy in place that allows trafficked victims to stay in the country. Victims that come from other countries are sent back to their home country without any legal alternatives.[xxii] Recommendations for Cambodia would be to create legal practices that first involve keeping victims from being returned to the county they were originally trafficked from. Another recommendation would be to give employees of shelters a practical training on how to deal with trafficked victims, as well as hire people whom are willing to help instead of re-traumatize victims. A third recommendation would be for the government to be more involved in the protection of trafficked victims instead of identifying them and completely handing them over to NGOs.

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Overall, although human trafficking is a huge issue no matter what country is being discussed, it does not go unseen. Regardless of the Tier, each country has some kind of issue in trafficking. However, the important thing is that something is being done to resolve and prevent the issue from happening. Also, this proves that just because a country is considered a Tier 1 country, does not mean that they cannot improve on ways to protect victims. However, Tier 1 countries such as the U.S., are considered to have the best practices such as shelter, medical care, and other assistance that aims to keep victims safe and free from being re-trafficked, and it should be required that all countries find a way to implement the same kind of practices.

Raiven Taylor is third year law student at the University of Baltimiore School of Law and is completing her concentration in International Law. She has an undergraduate degree in Political Science from Bowie State University. She has studied abroad in London, England and Clermond-Ferrand, France. She is an Senior Staff Editor for the Journal for International Law as well as Secretary for the International Law Society. Additionally, Raiven is a Rule 16 student attorney in the Immigrant Rights Clinic. Her passion and interest in international law is human trafficking and international human rights law.

[i] http://www.state.gov/documents/organization/226849.pdf

[ii] https://www.polarisproject.org/what-we-do/policy-advocacy/national-policy/current-federal-laws

[iii] http://fightslaverynow.org/why-fight-there-are-27-million-reasons/the-law-and-trafficking/trafficking-victims-protection-act/trafficking-victims-protection-act/

[iv] https://www.congress.gov/bill/113th-congress/house-bill/898

[v] http://www.rescue.org/sites/default/files/resource-file/trafficking%20victims%20protection%20act%20fact%20sheet_0.pdf

[vi] Id.

[vii] Id.

[viii] http://www.state.gov/documents/organization/226849.pdf

[ix] Id.

[x] Id.

[xi] Id.

[xii] https://www.ovcttac.gov/taskforceguide/eguide/1-understanding-human-trafficking/13-victim-centered-approach/

[xiii] http://www.state.gov/documents/organization/226849.pdf

[xiv] http://www.state.gov/j/tip/rls/tiprpt/countries/2013/215447.htm

[xv] http://www.state.gov/documents/organization/226845.pdf

[xvi] http://www.huffingtonpost.com/salim-lamrani/cuba-the-united-states-an_b_5604799.html

[xvii] http://www.state.gov/documents/organization/226845.pdf

[xviii] Id.

[xix] Id.

[xx] Id.

[xxi] Id.

[xxii] http://www.state.gov/documents/organization/226845.pdf


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Research and Public Welfare: Working with the French, We Can Have Our Cake and Eat It Too!

Jasen Lau

The US healthcare system is a system that ultimately prioritizes research. However, that is not to say we cannot have public universal healthcare. No system can offer absolute public welfare without taking away funding from research, but there can be a system that doesn’t take away as much. Keeping the research oriented priorities in mind, the US can still adopt a sort of inverted French healthcare system to provide public universal healthcare without significantly hindering medical and pharmaceutical research.

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The World Health Organization praised France for having the best healthcare system in the world[1]. Indeed, they are often touted as having the closest to perfect system in terms of patient satisfaction[2], and their system works because it is regulated but not socialized. The French healthcare system is delivered through their Social Security(SS), and financing their SS works much like ours; much of the money for SS comes from income and payroll taxes. This money is then used to insure patients through general funds, and this general fund covers around 70% of all expenses[3]. The rest of the amount owed is either paid out of pocket or through the more popular choice of voluntary insurance. This voluntary insurance works much like the private payer of the US and is often offered through employment. So, on paper, it seems that the French have most or even all of their healthcare costs covered, which is true[4]. However, the French government plays a big role in these prices.

Unlike the US, the French regulate and control the costs of medical services, products, and pharmaceutics. For example, doctors are often paid much less in France than the US[5]. So, these lowered costs are more easily covered by both the public insurance and the voluntary insurance. Therefore, to follow any model of the French healthcare system, some regulation of costs would be necessary. For the US, and to preserve the goal of research rather public welfare, absolute regulation is not necessary – just some to limit the financial burden on the government.

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Rather than having SS pay for the majority, the US could complement private insurance. Of course, this would require that the person have insurance in the first place, now mostly possible due to the Affordable Care Act (ACA) and its individual mandate, requiring everyone to have insurance or suffer penalties. Therefore, the US need only cover the gaps not paid by the private insurer. Further, the US government would also have to regulate either insurance payment or cost. To avoid significantly hindering research in the US, regulating insurance payments would not interfere with funding research. To regulate costs means to ask physicians, medical technology manufacturers, and pharmaceutical companies to relinquish money from funding in order to serve the public welfare. Thus, the US can adopt an inverted French healthcare system and regulate insurance companies to achieve a public universal healthcare.

With the ACA requiring everyone to have insurance, the first step of this proposal is met: almost everyone will have some level of insurance. The person will have their choice of what insurance to get, but to get people to choose the right insurance, the patient will have to pay premiums and some amount of copayment for services. After all, if there is absolutely no cost to the patient, everyone in the nation will, undoubtedly, choose the best – and often most expensive – coverage policy. However, if that is the scenario, that the patient should able to afford such prime insurance that all needs and wants are fully covered, then there is no need for that patient to be a part of the supplemental SS insurance. Perhaps, in those situations, a tax break could be offered. Otherwise, SS can then pay for coverage gaps in a person’s private insurance, and such funding will come from where it always has: mainly payroll and income taxes and, if need be, subsidy by other government bodies. Now, the SS payment need not cover all copayments or costs. In France, patients still have copayments, though they may simply be an extraordinary low[6]. The US can and should follow suit. The key costs to keep would be insurance premiums. To avoid excessive costs to both the healthcare system as a whole and to the supplemental SS system, patients should be made aware to buy only what is necessary to their needs. This, again, is to emphasize the concern patients must establish in choosing healthcare. Putting in baseline copayments – even if nominal – will tell the patient what can be considered a costly or non-preferred treatment.

There will need to be some insurance regulation. For if there is no insurance regulation, insurance companies court contract with providers to let the federal government bear the financial burden instead of the private insurance. So, there has to be some regulation that deters or otherwise prohibits insurance companies from diverting costs from themselves. There can be no solid solution without great deliberation, but a good starting point would be a percentage coverage regulation. Such a regulation would require that the insurance cover some reasonable amount that does not greatly deviate from what they would cover had the patient not have a federal gap coverage plan. As for physicians, reimbursement rates would be on par with Medicaid or medicare reimbursement rates, relatively low[7]. On that note, this plan would take the place of Medicare but not in the place of Medicaid. Like the US Medicaid, French Social Security offers healthcare to those who are poor[8]. The poor would not have the option to purchase private insurance to later be supplemented by SS coverage. Medicare however, is not inherently for the poor, merely the elderly, the permanently disabled, and those with end-stage renal disease.[9] So, Medicare should be replaced with this proposed private-SS coverage plan.

The general French system offers coverage for those who have worked. Those who are poor or have not worked at all are given a special fund for their coverage, often subsidized by the wealthy and working. Implementing this in the US, states could keep their Medicaid, of which the federal government subsidizes. However, Medicare will be eliminated and replaced with this proposed inverse French Healthcare system. Though, no significant harm shall come of this. Private insurance companies can and will step in to cover seniors with specific plans designed to cater to the medical needs of the elderly. In fact, much of that already occurs now. Medicare Part C is a plan handled almost exclusively by a private insurer instead of Medicare. When an elderly patient needs a plan that caters to their personal needs – of which Medicare cannot meet – patients are able to seek out Medicare Part C plans through private insurers[10]. Therefore, this inverted French plan is no different than putting every elderly person on Medicare Part C. There are, however, some elderly patients who are unable to afford private insurance. In the US, about 10% to 11.5% of those above 65 live below or at the poverty line[11]. For those patients, Medicaid would apply. This way, the vast majority of the population will be covered without extensive inhibitions to research funding.

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An inverted French healthcare system can benefit the general welfare of the US. Granted, this does come at a slight cost to funding research. The coverage gap, of which would have been normally paid in full out of the patient’s pocket, is now paid at a lesser rate due to this proposed federal coverage gap insurance. However, this is a small cost to pay for the public welfare of the US citizens.

Jasen Lau is a third year law student at the University of Baltimore School of Law. He graduated from the University of Maryland in 2013 with a Bachelor of Arts in English. Jasen took it upon himself to become a certified pharmacy technician and studied several continuing education credits that focus on Medicare Fraud and Abuse prevention, HIPAA privacy and security laws, and ethics in the pharmacy workplace. Jasen has long been in the health care field either working directly with patients or as an assistant to providers. During that time, his obsession with working in health care has grown into policy analysis and counseling. Along with being a CICL fellow, he is also a law clerk for Johns Hopkins Hospital.

[1]http://www.who.int/whr/2000/media_centre/press_release/en/

[2]http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1447687/#r5

[3]http://www.npr.org/templates/story/story.php?storyId=92419273

[4] Id.

[5]http://prescriptions.blogs.nytimes.com/2009/09/11/health-care-abroad-france/?_php=true&_type=blogs&_r=0

[6]http://www.slate.com/articles/business/dispatches_from_the_welfare_state/2014/01/french_socialized_medicine_vs_u_s_health_care_having_a_baby_in_paris_is.2.html

[7]http://www.forbes.com/sites/merrillmatthews/2015/01/05/doctors-face-a-huge-medicare-and-Medicaid-pay-cut-in-2015/

[8]http://www.npr.org/programs/day/features/2008/jul/france/dutton.pdf

[9]https://www.cms.gov/medicare/eligibility-and-enrollment/origmedicarepartabeligenrol/index.html

[10]https://www.medicare.gov/sign-up-change-plans/medicare-health-plans/medicare-advantage-plans/how-medicare-advantage-plans-work.html

[11]https://www.americanprogress.org/wp-content/uploads/issues/2008/07/pdf/elderly_poverty.pdf; see also http://kff.org/other/state-indicator/poverty-rate-by-age/


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I Always Feel Like Somebody’s Watching Me

Ali Rickart

TRIAL, short for Track Impunity Always, does just that. The Swiss organization was founded in 2002 as a way to track and watch international persons that have allegedly committed crimes such as genocide, crimes against humanity, war crimes, torture, and more. The association has consultative status before the United Nations Economic and Social Council and is an apolitical organization. After being inspired by the capture of Pinochet in 1998 and the subsequent establishment of the International Criminal Court (ICC) in 2002, the goals of TRIAL are to “put the law at the service of the victims of international crime.”[1] TRIAL wants to fight impunity, defend the victims of international crimes, and raise awareness of the crimes and perpetrators to show the need for coherent and effective national and international justice systems.

TRIAL 2

There are several areas in which TRIAL works: litigation, lobbying, informing the public, and research. Through these different areas, TRIAL works with people around the globe to successfully meet its goals. The litigation process has three different methods for pursuing international criminals and helping victims. First, the Advocacy Center TRIAL (ACT) works on filing complaints before international human rights bodies, to help victims of crime achieve justice. The second method is to distribute information to victims of armed conflicts and what legal methods they have to promote their right to justice. Third, TRIAL will actually file complaints in Swiss courts “against individuals present on Swiss territory suspected of international crimes.”[2]

TRIAL regularly lobbies with Swiss and international authorities, as well as working with the Swiss Coalition for the International Criminal Court (CSCPI). The research includes ICC Legal Tools, a digital library, which gathers, analyzes, and classifies documents of the 46 countries on national legislation and practice in relation to crimes within the jurisdiction of the ICC.  In collaboration with Pro Juventute, TRIAL is working on a video game project, showing the connection between video/computer games and international humanitarian law. The idea was created by TRIAL, but the study received an encouragement award at the 2007 International Human Rights Forum in Lucerne. Recently, TRIAL received the “Geneva grateful” medal (médaille “Genève reconnaissante”) on behalf of the Mayor of Geneva. If you can speak French, the link to the article is posted here.

TRIAL is also a partner organization of the Center for International and Comparative Law (CICL), allowing CICL Student Fellows at the University of Baltimore School of Law to work on profiles as a part of the TRIAL Watch Project.

The TRIAL Watch Project – Informing the Public of International Criminal Law Perpetrators

Informing the public is one of TRIAL’s biggest goals and biggest projects, which is done through TRIAL Watch. Its website is a database compiled of profiles of perpetrators and instigators of international crimes. They also distribute a trilingual TRIAL Journal, printed three times a year. Each day, a summary of news in international criminal law and the fight against impunity in the world is placed on the website and sent to subscribers once a week. As a way to become more known, TRIAL Watch organizes public discussions, lectures, and film screenings as well as  ‘actions’ on important days of the year such as International Justice Day (July 17) and International Day of the Missing (August 30).

TRIAL

The profiles that are shown on the website of TRIAL Watch are drafted by volunteers and in up to four languages – English, French, Spanish, and German.[3] The profiles include pertinent information such as the criminal’s name, aliases, status (indicted, sentenced, acquitted, etc.), position, as well as what they have allegedly done. Below each brief set of facts and information is a detailed profile including specifics as to the crime and the person, including the facts, the legal procedure, and the context in which the crime occurred (such as the Sierra Leone civil war or Bangladeshi Liberation War, for example).

The profiles also try to include photographs of the alleged criminal and their last known whereabouts. If possible, links to relevant documents are also included such as case documents, United Nations Security Council resolutions, books, judgments, and other related documents. This can help further research by anyone who wants more information on the person, the crime, or the case. It is also possible to be subscribed to a particular profile, in order to be informed if any updates are made on the profile. TRIAL Watch regularly updates all profiles if any new events, charges, indictments, sentencing, etc., occurs to an alleged criminal.

As a Fellow of the CICL and assigned to the TRIAL Watch team, I draft articles of alleged international criminals such as Sladjan Cukaric and Miodrag Josipovic. I have also drafted an update for Maulana Abdus Subhan, as part of the initiative to keep all profiles as current as possible, to help those tracking criminals and their progress through their respective judicial systems, stay up to date on information. It can be hard work, there is not always a lot of available information on people or what little information there is often comes from foreign sources that must be translated and checked for accuracy. The impact TRIAL Watch has on citizens of nations all around the world is worth every second of the work.

If you are interested in international criminal law or international humanitarian law, you can become a volunteer, donate, and become a TRIAL Watch member. You can also join the CICL Fellows program and work on the TRIAL Watch team! It’s absolutely possible to work on international law right here in Baltimore!

Alexandra Rickart is a second-year student at the University of Baltimore School of Law, planning to graduate in May 2016 with a concentration in International Law. She graduated from the University of Missouri in 2013 with a B.A. in Communication and a minor in Business. Her primary interests include international law, international criminal law, and domestic criminal law.

In addition to being a CICL Fellows, she is the Secretary of the International Law Society and a Staff Editor for the University of Baltimore Journal of International Law. She competed in the 2014-15 Jessup International Moot Court Competition, Mid-Atlantic Region. During her first year of law school, she was a tutor for Baltimore elementary students as part of the Truancy Court program through the Center for Families, Children and the Courts. Alexandra is currently a law clerk for a criminal defense firm in Baltimore.

[1] Introduction, TRIAL, http://www.trial-ch.org/en/about-trial.html.

[2] Introduction, TRIAL, http://www.trial-ch.org/en/about-trial.html.

[3] The website itself, as a whole, can be translated into one of these four languages by a convenient button on the top right hand of the screen.