International Law Commons^™

Can Social Media Corporations Be Held Liable Under International Law For Human Rights Atrocities?, Juliana Palmieri

Pace International Law Review

This article examines the relevant international law associated with genocide and hate speech and examines whether there are any legal grounds to hold a corporation liable for how people chose to use its product or service in relation to human rights violations. The analysis begins with a brief overview of international criminal and human rights law, relevant treaties, jurisdictional issues, and the legal theories of corporate criminal liability and complicity. Because current international law provides no clear answer, this article proposes that international courts use a balancing test which evaluates a non-exclusive list of ten main factors.

World War I And The Armenian Genocide: Laying The Groundwork For Crimes Against Humanity, Julia Koch

Pace International Law Review

For all of its advancements in international law, including delivering justice to the war criminals of the Second World War, the International Military Tribunal in Nuremberg has long been tainted with accusations of victors’ justice and criticized for violating the principle of nullem crimen sine lege. Such is the case for crimes against humanity, a crime that did not exist in positive international law until the 1945-46 legal proceedings in Nuremberg. But the historiography of the First World War—an era where punishment for war crimes is generally viewed as a wholesale failure—provides an additional, indeed novel, basis for understanding …

The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon

Pace International Law Review

The illegal wildlife trade has been a dilemma for decades

and remains prevalent globally – international intervention is

required now. While most countries participate in the Convention

on International Trade in Endangered Species of Wild

Fauna and Flora (“CITES”), not all countries have the same approaches

to combating the illegal wildlife trade. Unique approaches

can be beneficial because each illegally traded species

requires a different response, and countries with limited resources

can also participate. However, the lack of a unified response

hinders the global fight against the illegal wildlife trade.

While traditional methods to combat crime, such as passing

laws, …

Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman

Pace International Law Review

No abstract provided.

Corporate Wealth Over Public Health? Assessing The Resilience Of Developing Countries' Covid-19 Responses Against Investment Claims And The Implications For Future Public Health Crises, Tim Hagemann

Pace International Law Review

In the wake of the Covid-19 pandemic, states around the world swiftly enacted a multitude of far-reaching emergency responses to contain the viruses’ spread and to cope with the economic repercussions of the ensuing crisis. However, these measures detrimentally impacted the operating conditions of many businesses or, at the least, decreased their profitability. As this inevitably affected foreign investments, investors could be tempted to invoke “Investor State Dispute Settlement” (“ISDS”) clauses in International Investment Agreements (IIAs) to initiate proceedings before arbitral tribunals and seek compensation for loss of profit caused by states’ Covid-19 responses. Due to the specific circumstances in …

Overhaul Of The Sdt Provisions In The Wto: Separating The Eligible From The Ineligible, Md. Rizwanul Islam

Pace International Law Review

The special and differential treatment (“SDT”) provisions have been a recurring feature in the agreements of the World Trade Organization (“WTO”) treaties. However, most analysts would probably agree that the many SDT provisions have been more aspirational than operational. Hence, there is little surprise that even a selective review of the WTO jurisprudence would demonstrate that the SDT provisions have, in most cases, not done enough for their intended beneficiaries. This paper will analyze the limitations of the SDT provisions with reference to the relevant WTO jurisprudence. It will seek to explore two potential avenues of endeavoring to make the …

Doe V. Nestle, S.A.: Chocolate And The Prohibition On Child Slavery, Megan M. Coppa

Pace International Law Review

West Africa is presently home to approximately 1.5 million acres of cocoa farmland, which subsequently produces 70% of the world’s current chocolate supply. Côte d’Ivoire, also known as the Ivory Coast, is one of the largest cocoa producing countries within West Africa.

The increase of farmland and the need to control the deteriorating conditions have always created a demand for farm workers. Regrettably, more than 1.5 million cocoa farm workers in West Africa are currently children. These child workers are exposed to hazardous dust, flames, smoke, and chemicals, are required to utilize dangerous tools that they are not properly trained …

Deinstitutionalization, Family Reunification, And The "Best Interests Of The Child": An Examination Of Armenia's Child Protection Obligations Under Conventional International Law, George S. Yacoubian Jr., Esq.

Pace International Law Review

For nearly a century, the global community has sought to afford children legal protections, abandoning widely held views that children were pecuniary assets. In the United States and globally, a nascent children’s rights movement culminated in broad child welfare reform. Whether adoption, armed conflict, child labor, education, human trafficking, or deinstitutionalization, the post-war 20th century witnessed an evolution of international child protections. The prevailing standard of “best interests of the child” (BIC) has been incorporated into domestic and international law doctrine and, not surprisingly, has been operationalized in a variety of ways. In recent years, the standard has been explored …