{"title":"Rivals in Arms: Sino-U.S. Cooperation, Problems, and Solutions and Their Impact on the International UAV Industry","authors":"Bei-Er Cheok","doi":"10.2979/INDJGLOLEGSTU.25.2.0729","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.2.0729","url":null,"abstract":"Abstract:Research and development into drone technology has exploded in the United States in the recent decades. From the operation of killer drones in the military to agricultural survey drones in farms, the proliferation of drone technology is well on its way to radically altering the American future. However, there remains numerous laws, policies, and regulations that place stifling restrictions on drone development and operations in America. Halfway across the world, China has also begun to experience the \"drone revolution,\" but with its relatively laxer laws regarding both commercial and public drone operations and manufacturing, it seems poised to surpass the United States in not only drone R&D, but drone export as well. In recent years, China has expanded to become \"a prolific developer and no-questions-asked exporter of UAVs\" selling to a plethora of nations ranging from Saudi Arabia to Pakistan and Nigeria. Domestically, China has relied firmly on indigenous production and R&D since the 1980s to expand its UAV technologies, expanding its UAV industry to include a variety of defense firms as well as academic research groups. However, China's drone program is not without its own issues and setbacks, forcing the Civil Aviation Administration of China (CAAC) to issue new drone regulations to be implemented on a trial basis. This paper will analyze and compare the two comprehensive UAV regulations—the stricter FAA regulations and the newer UAV regulations promulgated by the CAAC—and explore the differences between the two regulatory policies (both commercial and military), their benefits and drawbacks, and attempt to present solutions as to how the CAAC and the FAA can help build an initial framework for other nations to follow.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"729 - 754"},"PeriodicalIF":0.0,"publicationDate":"2018-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48678976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"America's Past-time and the Art of Diplomacy","authors":"Alyson St. Pierre","doi":"10.2979/INDJGLOLEGSTU.25.2.0797","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.2.0797","url":null,"abstract":"Abstract:As organizations and corporations construct an international reach, they become influential actors in foreign relations between sovereign countries. Particularly, while Major League Baseball continues to recruit players and build a large fan base across the globe, it increases its ability to facilitate civil relations between the United States and other nations. An exploration of how professional baseball provides a useful platform to improve diplomatic relations between the United States and Cuba best exemplifies how the League can promote change. Although the United States and Cuba have had a rather tumultuous relationship in recent history, a coordinated effort to improve the treatment of Cuban baseball players through changes in League rules and federal laws has the ability to spark a unified commitment to improved diplomacy. The proposed changes to improve relations with Cuba, can also be used by Major League Baseball and the United States to increase diplomatic success with other nations who have a vested interest in the success and fair treatment of their native baseball players.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"797 - 816"},"PeriodicalIF":0.0,"publicationDate":"2018-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47313157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Globalization: The Next 25 Years","authors":"Alfred C. Aman","doi":"10.2979/indjglolegstu.25.2.0565","DOIUrl":"https://doi.org/10.2979/indjglolegstu.25.2.0565","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"565 - 567"},"PeriodicalIF":0.0,"publicationDate":"2018-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45760268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Inevitable United States Adoption of IFRS: How and Why the United States Should Be Prepared","authors":"Erika M. Tribuzi","doi":"10.2979/INDJGLOLEGSTU.25.2.0817","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.2.0817","url":null,"abstract":"Abstract:In an age where technology makes the world smaller and business transactions happen by the microsecond, both private and public entities have utilized global standards. These standards are often voluntary and span many different industries. In the twenty-first century, financial reporting standards have not been immune toward the pull for global uniformity. The International Financial Reporting Standards (IFRS) are a set of international financial reporting standards that countries can choose to adopt in full or in part. Currently, there are 143 countries that have adopted IFRS in some capacity. This Note addresses the voluntary nature of global standards in the context of financial reporting. This Note suggests, with a focus on inventory valuation, that the U.S. adoption of IFRS is inevitable due to the international pull toward uniformity of financial reporting, and the United States should take a proactive approach in implementing IFRS to minimize negative externalities.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"817 - 839"},"PeriodicalIF":0.0,"publicationDate":"2018-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46315294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Marching to the Beat of the EU's Drum: Refining the Collective Management of Music Rights in the United States to Facilitate the Growth of Interactive Streaming","authors":"Garfield Hunt","doi":"10.2979/INDJGLOLEGSTU.25.2.0755","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.2.0755","url":null,"abstract":"Abstract:In the digital era, interactive streaming is now the preferred method for music consumers to access their favorite albums and songs. The traditional copyright system used to administer music rights and royalties has not evolved accordingly, which not only impedes progress by music platform innovators, but also frustrates artist, labels, and composers who are unable to reap the benefits of their music rights.This Note examines the complex process interactive streaming services undergo to obtain the rights necessary to stream music through their platforms, which involves a discussion of collective rights organizations. This Note then argues that the European Directive on collective rights management offers mechanisms that the United States Copyright Office should adopt to improve collective music rights management in the United States. Finally, this Note argues that creating a global authoritative rights database (GARD) that ties use to ownership is necessary to move the music rights administration process into the digital age.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"755 - 774"},"PeriodicalIF":0.0,"publicationDate":"2018-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44553250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Authority and the Globalisation of Inclusion and Exclusion: Author Meets Readers","authors":"H. Lindahl","doi":"10.1017/9781316819203","DOIUrl":"https://doi.org/10.1017/9781316819203","url":null,"abstract":"Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of boundaries possible that neither postulates the possibility of realising an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalisation of inclusion and exclusion? These pressing questions guide this book, opening up a vast field of enquiry that demands integrating sociological, doctrinal and philosophical perspectives and insights.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"27 1","pages":"128 - 33"},"PeriodicalIF":0.0,"publicationDate":"2018-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44226326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Digital Weberianism: Bureaucracy, Information, and the Techno-rationality of Neoliberal Capitalism","authors":"Chris Muellerleile, S. Robertson","doi":"10.2979/INDJGLOLEGSTU.25.1.0187","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0187","url":null,"abstract":"Abstract:The social infrastructures that constitute both public and private administration are increasingly entangled with digital code, big data, and algorithms. While some argue these technologies have blown apart the strictures of bureaucratic order, we see more subtle changes at work. We suggest that far from a radical rupture, in today's digitizing society, there are strong traces of the logic and techniques of Max Weber's bureau; a foundational concept in his account of the symbiotic relationship between modernity, capitalism, and social order. We suggest the manner through which these techniques have shaped contemporary systems of social administration helps explain the remarkable legitimacy digital governance has acquired. We do this by exploring how digital technologies draw from, and give new substance to, the three key principles of Weber's theory of the bureau—efficiency, objectivity, and rationality. We argue that neoliberalism, or the widespread economization of politics, has conditioned the digital versions of these principles, not least by subordinating social ends to technical means. At the same time we argue that digitalism engenders the privatization of authority, not least through its \"elective affinity\" with market logics.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"187 - 216"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46010580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Behind the Cloak of Corporate Social Responsibility: Safeguards for Private Participation within Institutional Design","authors":"Fenner L. Stewart","doi":"10.2979/INDJGLOLEGSTU.25.1.0233","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0233","url":null,"abstract":"Abstract:This article challenges the reader to consider what modes of governance will ensure that corporations advance collective welfare. It identifies and explores \"new governance imagery,\" which holds out the promise of a governance that is more \"effective,\" \"efficient,\" and \"democratic.\" Such imagery is woven into the arguments used to champion institutional design's reliance on corporate decision-making. The article then questions the use of corporate social responsibility rhetoric, showing how it may lure regulators to disregard valid concerns about the effects of privatization and give them false assurance that the transfer of public power to business actors will inspire them to behave as public servants.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"233 - 264"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44221320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Judicialization of Private Transnational Power and Authority","authors":"A. C. Cutler","doi":"10.2979/INDJGLOLEGSTU.25.1.0061","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0061","url":null,"abstract":"Abstract:This article examines the judicialization of private systems of governance that are transforming \"common sense\" understandings of who should govern states, societies, and political economies. The focus is on the private transnational institutions and processes in the global investment and financial regimes. These regimes contribute to the maintenance and expansion of capitalism by assisting in the management and mitigation of risk, but they also participate in the construction of the sorts of risks that require management and mitigation. In so doing, they are deeply involved in determining what requires governance, as well determining the appropriate mechanisms and manner of governance. They constitute a form of private transnational authority, performing governance functions usually attributed to states and to public authorities. In the areas of global investment and finance, private transnational experts craft the legal foundations that advance and secure the expansion of capitalism as the common sense of our time. These laws are characterized as a form of \"new constitutionalism,\" for they constitute both the material and ideological foundations for ordering societies and political economies under the discipline of an increasingly transnationalized market civilization. Transnational market civilization subordinates national political authorities to disciplines emanating from international investment, derivatives, and project financing agreements that function constitutionally to limit the policy and legislative autonomy of national governments, thus seriously impacting their sovereignty. However, while the areas examined reveal a complex and hybrid mix of public and private authorities that raise significant legitimacy concerns, the mix is not fixed, but is mutable and open in places to resistance and contestation, suggesting that the discipline of transnational capitalism is incomplete and might one day reflect better or \"good sense.\"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"61 - 95"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44959052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Status of Authority in the Globalizing Economy: Beyond the Public/Private Distinction","authors":"E. Hartmann, Poul F. Kjaer","doi":"10.2979/INDJGLOLEGSTU.25.1.0003","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.25.1.0003","url":null,"abstract":"This article was published as Hartmann, E., & Kjær, P. F. (2018). The Status of Authority in the Globalizing Economy: Beyond the Public/Private Distinction. Indiana Journal of Global Legal Studies, 25(1), 3-11. https://doi.org/10.2979/indjglolegstu.25.1.0003. No part of it may be reproduced, stored in a retrieval system, transmitted, or distributed in any form, by any means, electronic, mechanical, photographic, or otherwise, without the prior permission of Indiana University Press. For educational reuse, please contact the Copyright Clearance Center . For all other permissions, contact IU Press at .","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"25 1","pages":"11 - 3"},"PeriodicalIF":0.0,"publicationDate":"2018-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49406939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}