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Table Of Contents, Luc International Law Review

Loyola University Chicago International Law Review

No abstract provided.

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 …

Comparative Immigration Policies For Unaccompanied Minors: A Shared Challenge, Diana Ramirez

Loyola University Chicago International Law Review

Unaccompanied minors from the Northern-Triangle and Mexico have been arriving at the United States border in large numbers over the past decade as a result of forced migration movements. Although the arrival of unaccompanied minors is not a new phenomenon in the United States, recent administrations have responded in ways that have made the country's immigration system increasingly hostile towards them.

However, this issue is not exclusive to the United States. Unaccompanied minors traveling alone to Europe, Australia, South Africa, Canada, or the United States face similar dangers and are particularly vulnerable to abuse and trafficking. Regardless of jurisdiction, the …

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 …

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

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 …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

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

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 …

Boundary Blurring In International Law: Globalization, Climate Change, And Cooperation In The Indus Basin, Michael John Cornell

Loyola University Chicago International Law Review

This comment proposes that, to achieve better water cooperation in the Indus Basin, lawyers involved in hydropower development projects should factor into socio-legal research and policy-making as potentially transformative stakeholders. With climate change driving the steady reduction of shared glacially-sourced river waters in India, China, and Pakistan, the need for regional water cooperation has never been higher. The comment first considers the origins and mechanisms of the 1960 Indus Waters Treaty, signed between India and Pakistan, followed by the impact of the related 2013 Kishenganga Arbitration. Next, in light of the three countries' competing economic, political, and security interests, the …

The Indigenous Alternative: Tek, Lel, And Solutions For The Unsolvable, Cara Victoria Sawyer

Loyola University Chicago International Law Review

This comment addresses the intentional exclusion of Indigenous nations from the United Nations and, consequently, from the UNFCCC and subsequent climate regime. It cautions of the adverse consequences that have resulted from such exclusion, both to the warming planet and to all its human residents. Critics say that the climate regime has fallen woefully short of reaching its goals. However, this comment suggests that including Indigenous nations in substantial international climate change conversations and decisions could result in yet-to-be-made progress toward reducing global warming. The permanent position status that the Inuit people hold on the Arctic Council, for example, helped …

Table Of Contents

Loyola University Chicago International Law Review

No abstract provided.

Israel's Nation-State Law And The Resulting Violations Of The Convention On The Rights Of The Child, Darlene M. Burker

Loyola University Chicago International Law Review

This article argues that through the institution of the Nation-State law by Israel's parliament, the Knesset, and Israel's Supreme Court subsequently finding the law to be constitutional, Israel has violated the United Nation's ("U.N.") Convention on the Rights of the Child ("Convention"). Specifically, the Nation­ State law violates seven articles of the Convention through two declarations: Is­ raeli settlements shall now be recognized as a national value, and the right of self-determination will be unique to the Jewish people, to the exclusion of Pales­ tinian people. The articles within the Convention that are most blatantly violated are Articles 8, 27, …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

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 …

Linking Revisions To The Ap I Commentary To Gendered Effects Of Kinetic Operations, Jody M. Prescott

Loyola University Chicago International Law Review

In 2000, UNSCR 1325 on Women, Peace, and Security called on the international community to fully implement international humanitarian law ("THL") that protects the rights of women and girls during armed conflict. Since then, work in this area has largely avoided the parts of IHL that deal with the application of armed force. The International Committee of the Red Cross ("ICRC") is now well along in the process of updating its influential commentaries on the 1949 Geneva Conventions and the 1977 Additional Protocols. To fully implement UNSCR 1325 vis-a-vis IHL, the ICRC should use this opportunity to revise the Commentary …

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 …

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. …

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

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 …

Germany Takes Action On Corporate Due Diligence In Supply Chains: What The United States Can Learn From International Supply Chain Regulations, Kellie R. Tomin

Loyola University Chicago International Law Review

This comment addresses the United States' failure to pass comprehensive federal supply chain due diligence legislation. The United States presents itself as a global leader, but its failure to pass comprehensive supply chain due diligence legislation creates a gap in human rights due diligence that can lead to corporate human rights abuses. Although the United States has passed several human rights due diligence laws, a comprehensive federal law would be more effective at preventing corporate human rights abuses in the supply chains of business organizations that operate in the United States. This comment argues that American lawmakers should look to …

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 …

Sexual Violence And Human Trafficking In India: Legislation, Enforcement, And Recommendations, Shivani Rishi

Loyola University Chicago International Law Review

No abstract provided.

The International Communities' Ineffective Response Towards The Fight Against Female Genital Mutilation, Fernanda M. Santos

Loyola University Chicago International Law Review

No abstract provided.

Establishing A United Nations Convention To Stop Foreign Election Interference, Todd Carney

Loyola University Chicago International Law Review

No abstract provided.

Table Of Contents

Loyola University Chicago International Law Review

No abstract provided.

New Diseases Call For . . . Archaic Responses? Violating Human Rights In The Sanitary Cordon Of Wuhan, Madeline Young

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.

Covid-19 And Export Restrictions: The Case For Free Trade, Jack Quirk

Loyola University Chicago International Law Review

No abstract provided.

Effective Management Of International Aid Through Inter-Governmental Trust Funds, Ilias Bantekas

Loyola University Chicago International Law Review

No abstract provided.