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Loyola University Chicago, School of Law

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International law

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Full-Text Articles in Law

Studying Race In International Law Scholarship Using A Social Science Approach, James T. Gathii Jan 2021

Studying Race In International Law Scholarship Using A Social Science Approach, James T. Gathii

Faculty Publications & Other Works

This Essay takes up Abebe, Chilton, and Ginsburg's invitation to use a social science approach to establish or ascertain some facts about international law scholarship in the United States. The specific research question that this Essay seeks to answer is to what extent scholarship has addressed international law's historical and continuing complicity in producing racial inequality and hierarchy, including slavery, as well as the subjugation and domination of the peoples of the First Nations. To answer this question, this Essay uses the content published in the American Journal of International Law (AJIL) from when it was first published in 1907 …


Meaningful Choice: A History Of Consent And Alternatives To The Consent Myth, Charlotte A. Tschider Jan 2021

Meaningful Choice: A History Of Consent And Alternatives To The Consent Myth, Charlotte A. Tschider

Faculty Publications & Other Works

Although the first legal conceptions of commercial privacy were identified in Samuel Warren and Louis Brandeis’s foundational 1890 article, The Right to Privacy, conceptually, privacy has existed since as early as 1127 as a natural concern when navigating between personal and commercial spheres of life. As an extension of contract and tort law, two common relational legal models, U.S. privacy law emerged to buoy engagement in commercial enterprise, borrowing known legal conventions like consent and assent. Historically, however, international legal privacy frameworks involving consent ultimately diverged, with the European Union taking a more expansive view of legal justification for processing …


The Promise Of International Law: A Third World View, James T. Gathii Jan 2021

The Promise Of International Law: A Third World View, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii Jan 2016

Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii

Faculty Publications & Other Works

This Article analyzes recent environmental law decisions of Africa's fledgling international courts. In 2014, for example, the East African Court of Justice stopped the government of Tanzania from building a road across Serengeti National Park because of its potential adverse environmental impacts. Decisions like these have inaugurated a new era of enhanced environmental judicial protection in Africa. This expansion into environmental law decision-making by Africa's international trade courts contrasts with other international courts that are designed to specialize on one issue area such as human rights or international trade, but not both. By contrast, Africa's international courts are simultaneously pushing …