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Membership In An Exclusive Club: International Humanitarian Law Rules As Peremptory International Law Norms, Ata R. Hindi
Membership In An Exclusive Club: International Humanitarian Law Rules As Peremptory International Law Norms, Ata R. Hindi
Loyola University Chicago International Law Review
This paper entertains the somewhat scattered debate as to whether international humanitarian law ("IHL") rules could, and should, be considered peremptory norms of international law. For some time, the "basic rules of IHL" have been found to constitute peremptory norms of international law, with scant identification of those rules. Through a doctrinal analysis, this paper argues that, so long as they meet the Vienna Convention on the Law of Treaties' criteria, IHL rules should be treated as peremptory norms, creating erga omnes obligations for third States. Further, in theory, while the third State (external) obligation to "ensure respect" in IHL …
European Court Of Human Rights' Ruling In Georgia V. Russia (Ii) And Its Application To The Current Crisis In Ukraine, Edward N. Cain
European Court Of Human Rights' Ruling In Georgia V. Russia (Ii) And Its Application To The Current Crisis In Ukraine, Edward N. Cain
Loyola University Chicago International Law Review
Georgia v Russia (II) represents an important decision in the European Court of Human Rights case law. The Court sets out an important interpretation of Article 1 of the European Convention on Human Rights regarding the jurisdiction of signatory parties during times of invasion and war. The Court articulated that during active hostilities, there is no positive or negative obligation on the invading country to uphold or defend the human rights of the civilians of the invaded country. This is because they do not have effective control over the local population due to the dynamic nature of war. This precedent …
Qatar V. Uae-- The Weight Of Words, Samantha H. Hughes
Qatar V. Uae-- The Weight Of Words, Samantha H. Hughes
Loyola University Chicago International Law Review
In 2021, the International Court of Justice decided, in Qatar v. United Arab Emirates, that the term "national origin" does not include current nationality as used in the International Convention on the Elimination of all Forms of Racial Discrimination ("CERD"). While the Court's decision is supported by various legal arguments, the majority's approach seems to stray from practices regarding interpreting ambiguous terms, and is contradictory to some of its earlier opinions. This Note uses CERD, other International Court of Justice opinions, and the dissenting opinions to the Qatar v. United Arab Emirates decision to critically analyze the strength of …
How A Country Plagued With Corruption Leads To Lax Sex Laws For Women, Alexandra Angyalosy
How A Country Plagued With Corruption Leads To Lax Sex Laws For Women, Alexandra Angyalosy
Loyola University Chicago International Law Review
This Comment addresses Romania's failure to statutorily define and prosecute sexual violence perpetrators. Throughout history, women in Romania have found a justice system that fails them due to lax laws, corruption, and negligence by police departments. Specifically, Romanian women who are victims of sexual violence, domestic violence, and forced prostitution are often unable to report their crimes, attain proper counseling, and get justice against their abusers. Since the Romanian Revolution, the country has struggled with corruption and human trafficking and has become a major European hub for prostitution. The lack of adequate and appropriate laws needed to protect women, specifically …
Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto
Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto
Loyola University Chicago International Law Review
This article argues that the discipline and profession of international economic law has undergone a significant architectural change to focus on human rights law as both the premise and promise of the international economic system. Contrary to prevailing currents that focus on the irrelevance of the global economic system to realize human rights, this article argues that international economic law tools have already been converging within the last decade to authentically realize the Right to Development of individuals, groups, and populations. The Draft Convention on the Right to Development defines the right as the enjoyment, participation, and contribution of individuals, …
Persecution And Labor Migrations Due To Corporate “Environmental” Exploitation: Waiting For The Unhrc’S Binding Treaty On Transnational Business Activities?, Riccardo Vecellio Segate
Persecution And Labor Migrations Due To Corporate “Environmental” Exploitation: Waiting For The Unhrc’S Binding Treaty On Transnational Business Activities?, Riccardo Vecellio Segate
Loyola University Chicago International Law Review
Policy debates on the rights and international status of climate refugees, environmental migrants, or environmentally displaced persons have unleashed detailed scholarly commentaries over the last decade, and virtually all standpoints have been scrutinized in literature already. Nevertheless, one aspect of this debate has gone somewhat off the radar in recent years: the (co-)responsibilities of incorporated subsidiaries of transnational corporations in triggering or exacerbating pseudo-environmentally motivated mass-movements of workers and related strata of the populations domiciled where these corporations operate. Despite such neglect, mentioned exploitative occurrences only increased in recent years, and the trend speaks for their further expansion …
Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski
Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski
Loyola University Chicago International Law Review
Discourse surrounding conflict and terrorism is often confined by gendered binaries which conflate masculinity with violence and femininity with peace and passivity. The social adoption of these archetypes has encouraged policy makers and security officials to paint men as combatants or orchestrators of extremism, while women are thought of as mere collaterals to war. However, the number of women involved in extremist groups is rising both domestically and abroad. As the essentialization of femininity becomes increasingly dangerous, the exigency to reimagine national security initiatives grows. This comment argues that the United States has reached a critical juncture in its counterterrorism …
Victims Of Violence: The Cyclical Military Takeover Of The Myanmar Government, Kajal Patel
Victims Of Violence: The Cyclical Military Takeover Of The Myanmar Government, Kajal Patel
Loyola University Chicago International Law Review
Myanmar has a long history of military coup d'6tat. In February of 2021, the Myanmar military took over the government. The military's existing presence in everyday government and Myanmar's 2008 Constitution provides the military the ability to do so. Since the government takeover, violence against citizens has escalated and is legally justified. Additionally, Myanmar has a long history of violence against Rohingya Muslims. Therefore, the recent takeover made this ethnic minority group more susceptible to being ongoing victims of violence. This comment argues that China could end the 2021 military takeover and has incentive to do so. Furthermore, this comment …
Monasky V. Taglieri: The Supreme Court’S Interpretation Of Habitual Residency And Its Impact On International Child Abduction, Abigail Leann Heeter
Monasky V. Taglieri: The Supreme Court’S Interpretation Of Habitual Residency And Its Impact On International Child Abduction, Abigail Leann Heeter
Loyola University Chicago International Law Review
The most common form of kidnapping is when a child is taken by a parent from a co-parent. When the kidnapping parent is native to another country, navigating the international family courts can be more than challenging. Because of this, the Hague Convention on the Civil Aspects of International Child Abduction created an order that all signatory countries must return an abducted child to their location of habitual residency. However, the Hague Convention declined to define what habitual residency meant, leaving it up to the determination of the Courts. Recently, the U.S. Supreme Court confronted this issue in the landmark …
The Temporality Of Law In Traditional China And Its Contemporary Implications, Tao Wang
The Temporality Of Law In Traditional China And Its Contemporary Implications, Tao Wang
Loyola University Chicago International Law Review
Temporality of law is of great significance in traditional Chinese juridicopolitical thought, and its influence plays a crucial role in China's state building and governance. The existing temporal phrases from the West are not sufficient for explaining the symbol-oriented legal system in traditional China. Formalist law overlooks the temporal elements intrinsic to the legal system and results in the failure of governance. This Article applies a historical culture paradigm to analyze the temporality of law in traditional China by using plurality, sociality, and rhetoric as indicators to demonstrate the contestation of temporal categories in penality, socialization of seasonal time, and …
Settler Colonialism And Assimilative Education: Comparing Federal Reconciliation Efforts For Indigenous Residential And Boarding Schools In Canada And The United States, Holly Jacobs
Loyola University Chicago International Law Review
This article compares the historical development, purpose and legacy, and subsequent reconciliation and reparations efforts of Indigenous residential and boarding schools in the United States and Canada. In both nations, these schools comprised but one piece of a carefully crafted network of federal policies aimed at the removal, assimilation, and cultural genocide of Indigenous peoples, and as a result, had destructive and lasting effects on those they oppressed. By taking a comparative approach and examining the laws and policies surrounding boarding schools in light of settler colonialism, this article hopes to illuminate the efficacy of reconciliation efforts of each nation. …
Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards
Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards
Loyola University Chicago International Law Review
The spectrum of misogynistic violence between incels ("involuntary celibates"), non-State armed groups, and armed forces using extreme violence against women is based around the desire to restore "traditional" gender norms of male dominance, maintain systemic inequality between men and women, and often manifest in gender-based hate crimes before escalating into community violence and armed conflict. Governments and policy makers must dismantle structural inequalities and discrimination against women, as well as ensure effective criminal justice responses to gender-based hate crimes and all other forms of violence against women in order to address and prevent violence and armed conflict, as well as …
The International Communities' Ineffective Response Towards The Fight Against Female Genital Mutilation, Fernanda M. Santos
The International Communities' Ineffective Response Towards The Fight Against Female Genital Mutilation, Fernanda M. Santos
Loyola University Chicago International Law Review
No abstract provided.
China's Crimes Against Humanity Upon The Uyghur People Under The Rome Statute Of The International Criminal Court, Alex Fox
Loyola University Chicago International Law Review
No abstract provided.
Establishing A United Nations Convention To Stop Foreign Election Interference, Todd Carney
Establishing A United Nations Convention To Stop Foreign Election Interference, Todd Carney
Loyola University Chicago International Law Review
No abstract provided.
Sexual Violence And Human Trafficking In India: Legislation, Enforcement, And Recommendations, Shivani Rishi
Sexual Violence And Human Trafficking In India: Legislation, Enforcement, And Recommendations, Shivani Rishi
Loyola University Chicago International Law Review
No abstract provided.
The Future Of Cryptocurrency: An Unregulated Instrument In An Increasingly Regulated Global Economy, D. Towne Morton
The Future Of Cryptocurrency: An Unregulated Instrument In An Increasingly Regulated Global Economy, D. Towne Morton
Loyola University Chicago International Law Review
No abstract provided.
Protection Of Religious And Ethnic Minorities Before The Genocide Convention, Mustafa Aijazuddin
Protection Of Religious And Ethnic Minorities Before The Genocide Convention, Mustafa Aijazuddin
Loyola University Chicago International Law Review
No abstract provided.
The Profitability Of Ending The Marital Rape Exception: Ugandan Societal Norms Impeding Women's Right To Say No, Ali Roberson
The Profitability Of Ending The Marital Rape Exception: Ugandan Societal Norms Impeding Women's Right To Say No, Ali Roberson
Loyola University Chicago International Law Review
No abstract provided.
Gone Girls: Exploring The Systematic Misunderstanding Of Women In Isis And Resulting International Security Concerns, Evan Colleen Jones
Gone Girls: Exploring The Systematic Misunderstanding Of Women In Isis And Resulting International Security Concerns, Evan Colleen Jones
Loyola University Chicago International Law Review
No abstract provided.
Somalia And Legal Pluralism: Advancing Gender Justice Through Rule Of Law Programming In Times Of Transition, Roison Burke
Somalia And Legal Pluralism: Advancing Gender Justice Through Rule Of Law Programming In Times Of Transition, Roison Burke
Loyola University Chicago International Law Review
No abstract provided.
What Is A "Grave" International Crime? The Rome Statute, Durkheim And The Sociology Of Ruling Outrages, Nikolas M. Rajkovic
What Is A "Grave" International Crime? The Rome Statute, Durkheim And The Sociology Of Ruling Outrages, Nikolas M. Rajkovic
Loyola University Chicago International Law Review
No abstract provided.
Failed Herd Immunity: American Business Compliance And The United States Cyber-Security Policy's Clash With The European Union's General Data Protection Act, William Dimas
Loyola University Chicago International Law Review
No abstract provided.
Withholding Democracy: The Timeliness Of Self-Governance In A Postconflict Occupation, L. Amber Brugnoli
Withholding Democracy: The Timeliness Of Self-Governance In A Postconflict Occupation, L. Amber Brugnoli
Loyola University Chicago International Law Review
In December 2017, the Human Rights and Election Standards initiative at the Carter Center, in collaboration with United Nations Office of the High Commissioner for Human Rights (OHCHR), issued a Plan of Action that was the culmination of two years of analysis and debate regarding a human rights approach to elections. Part of their plan recognized the need for well-written and targeted recommendations for implementing a transition to democracy. This article is a first step towards drafting such recommendations. The right to free and fair elections is a well-established norm in international law; some scholars even argue it is a …
Unravelling Power Dynamics In Organizations: An Accountability Framework For Crimes Triggered By Lethal Autonomous Weapons Systems, Tetyana Krupiy
Unravelling Power Dynamics In Organizations: An Accountability Framework For Crimes Triggered By Lethal Autonomous Weapons Systems, Tetyana Krupiy
Loyola University Chicago International Law Review
No abstract provided.
The Protection Of Cultural Heritage By International Law In Armed Conflict, Waseem Ahmad Qureshi
The Protection Of Cultural Heritage By International Law In Armed Conflict, Waseem Ahmad Qureshi
Loyola University Chicago International Law Review
No abstract provided.
United Nations Peacekeepers: Unchecked And Unaccountable, Benjamin Horwitz
United Nations Peacekeepers: Unchecked And Unaccountable, Benjamin Horwitz
Loyola University Chicago International Law Review
No abstract provided.
The Hybrid Court Of South Sudan: Progress Towards Establishment And Sustainable Peace, Elizabeth Watchowski
The Hybrid Court Of South Sudan: Progress Towards Establishment And Sustainable Peace, Elizabeth Watchowski
Loyola University Chicago International Law Review
No abstract provided.
The Emergence Of Hybrid International Commercial Courts And The Future Of Cross Border Commercial Dispute Resolution In Asia, Firew Tiba
Loyola University Chicago International Law Review
The bulk of international commercial disputes are resolved by national courts. In Asia, regional international arbitration centres in places such as Shanghai, Hong Kong, Singapore, and Tokyo have also been partaking in these exercises albeit at varying levels of popularity. While commercial arbitrations remain popular, the influence of these bodies in driving convergence has been questioned. This has been in part due to the confidential nature of their awards and their ad hoc nature. The uptake of international commercial instruments in the region is growing, but the extent of harmonization of international commercial law remains weak. Even in countries such …
Extrajudicial Punishments To Combat The Philippine Drug War: Problem Or Solution?, Mikaela Y. Medina
Extrajudicial Punishments To Combat The Philippine Drug War: Problem Or Solution?, Mikaela Y. Medina
Loyola University Chicago International Law Review
No abstract provided.