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Articles 1 - 28 of 28
Full-Text Articles in Law
Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception, Madelaine J. Horn
Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception, Madelaine J. Horn
Cornell International Law Journal
The Foreign Sovereign Immunities Act of 1976 (FSIA) constitutes an exception for sovereign states to the normal jurisdictional rules that govern when parties are subject to suit in US courts. The commercial activity provision is a carveout within that broad exception-it deprives sovereign states of their exceptional immunity when they engage in commercial conduct. Within this framework, courts have used the natural resource rule to circumvent the commercial activity carveout and restore immunity to sovereign states. This Note argues that the rule should be abandoned in favor of a much more limited test, thereby increasing the number of sovereign states …
Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer
Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer
Cornell International Law Journal
Hydroelectric dams produce electricity, provide flood control, and improve agricultural irrigation. But the building and operation of these dams frequently involve forced displacement of local communities. Displacement often has an outsized impact on indigenous persons, who are disproportionately poor, repressed, and politically marginalized. One can limit these adverse effects in various ways: (1) taking seriously the ethics of dam-induced development, (2) rooting out corruption, (3) paying compensation at or near the beginning of dam projects, (4) using land-for-land exchanges, (5) disbursing resettlement funds as needed until displaced persons are firmly established in their new locations, and (6) having entities that …
Out Of The Legal Wilderness: Peacetime Espionage, International Law And The Existence Of Customary Exceptions, Inaki Navarrete Mr, Russell Buchan
Out Of The Legal Wilderness: Peacetime Espionage, International Law And The Existence Of Customary Exceptions, Inaki Navarrete Mr, Russell Buchan
Cornell International Law Journal
This Article demonstrates that peacetime espionage does not benefit from permissive customary international law exceptions. The mainstream view contends that, though peacetime espionage may contravene international law, developments in customary international law (CIL) nevertheless undercut State responsibility for such conduct. The gist of this view is that acts of espionage benefit from permissive CIL exceptions because its practice is widespread and accepted within the international society. However, the mainstream literature has rarely-if ever-meaningfully engaged with the practice of espionage in an effort to tease out the objective and subjective elements supportive of customary espionage exceptions. This Article closes this gap …
Vol. 51, No. 4 Table Of Contents
Vol. 51, No. 4 Table Of Contents
Cornell International Law Journal
No abstract provided.
Vol. 51, No. 3 Table Of Contents
Vol. 51, No. 3 Table Of Contents
Cornell International Law Journal
No abstract provided.
Sustainable Finance & China’S Green Credit Reforms: A Test Case For Bank Monitoring Of Environmental Risk, Virginia Harper Ho
Sustainable Finance & China’S Green Credit Reforms: A Test Case For Bank Monitoring Of Environmental Risk, Virginia Harper Ho
Cornell International Law Journal
In the past few years, the focus of international organizations on sustainable finance— the integration of environmental, social, and governance (“ESG”) considerations into global financial systems— has intensified because of its potential to promote financial stability, better risk assessment, and more efficient allocation of capital. The success of these efforts depends in part on whether banks and other financial institutions can manage, price, and monitor environmental risk.
This Article offers new answers to this question from China— one of the most important global test sites for sustainable finance. Corporate governance theory suggests that creditor monitoring can promote managerial accountability and …
“Private” Cybersecurity Standards? Cyberspace Governance, Multistakeholderism, And The (Ir)Relevance Of The Tbt Regime, Shin-Yi Peng
“Private” Cybersecurity Standards? Cyberspace Governance, Multistakeholderism, And The (Ir)Relevance Of The Tbt Regime, Shin-Yi Peng
Cornell International Law Journal
We are now living in a hyper-connected world, with a myriad of devices continuously linked to the Internet. Our growing dependence on such devices exposes us to a variety of cybersecurity threats. This ever-increasing connectivity means that vulnerabilities can be introduced at any phase of the software development cycle. Cybersecurity risk management, therefore, is more important than ever to governments at all developmental stages as well as to companies of all sizes and across all sectors. The awareness of cybersecurity threats affects the importance placed on the use of standards and certification as an approach.
Interpersonal Human Rights, Hanoch Dagan, Avihay Dorfmann
Interpersonal Human Rights, Hanoch Dagan, Avihay Dorfmann
Cornell International Law Journal
Our increasingly globalized environment, typified by the significant role of transnational interactions, raises urgent concerns about the commission of grave transnational wrongs. Two main legal strategies— belonging, respectively, to public and private international law— offer important directions for addressing these urgent concerns. One strategy extends state obligations under human rights law to some non-state actors; the other adapts traditional private international law doctrines, notably its public policy exception. Both strategies make important advances, yet both face significant difficulties, which are all fundamentally rooted in what we call “the missing link of privity”— namely, identifying the reason for imposing the burden …
Women’S Rights In The Dprk: Discrepancies Between International And Domestic Legal Instruments In Promoting Women’S Rights And The Reality Reflected By North Korean Defectors, Jina Yang
Cornell International Law Journal
It is commendable that the DPRK has ratified the CEDAW and has established legislative measures to protect women from violence and guarantee equal protection. However short of internationally accepted human rights standard the DPRK may fall, such actions show that the DPRK is nonetheless trying to be a responsible member of the international community. However, many findings show that women’s rights are far from reaching the international standards, because of patriarchal traditions that are entrenched to the North Korean society and the national institutions related to women’s rights, which are used to mobilize women to work for the state, rather …
E-Hailing And Employment Rights: The Case For An Employment Relationship Between Uber And Its Drivers In South Africa, Isaiah J. Marcano
E-Hailing And Employment Rights: The Case For An Employment Relationship Between Uber And Its Drivers In South Africa, Isaiah J. Marcano
Cornell International Law Journal
South Africa’s Uber dilemma has forced jurists to answer important questions about the country’s largest black-owned sector: the taxi industry. Since the days of apartheid, taxi drivers have struggled to secure their livelihoods. Lamentably, they have found themselves restricted by a legacy of oppression that, despite significant progress, lingers on. As of late, Uber has exploded onto the transportation market, and labor courts must decide whether Uber drivers fit within a system that never contemplated the emergence of gig economy companies. If future jurists continue to draw inspiration from South Africa’s highly progressive constitution, international agreements, and pro-union culture, it …
North Korean Detention Of U.S. Citizens: International Law Violations And Means For Recourse, Patricia Goedde, Andrew Wolman
North Korean Detention Of U.S. Citizens: International Law Violations And Means For Recourse, Patricia Goedde, Andrew Wolman
Cornell International Law Journal
North Korean detention of U.S. citizens has prompted considerable attention in the U.S. media over the years, especially with the most recent case of Otto Warmbier’s death. Releases have usually been negotiated through diplomatic channels on a humanitarian basis. While detainee treatment is influenced primarily by political considerations, this Article asks what international legal implications arise from these detentions in terms of international law violations and recourse. Specifically, this Article analyzes (1) violations of consular law and international human rights law as applied to the detainees, such as standards for arrest, investigation, trial, and detention, and (2) whether viable legal …
The "Peace Treaty" As A U.S. Doctrinal Option And Its Application To The Dprk: A Historical And Analytic Review, Eric Yong-Joong Lee
The "Peace Treaty" As A U.S. Doctrinal Option And Its Application To The Dprk: A Historical And Analytic Review, Eric Yong-Joong Lee
Cornell International Law Journal
Wars have made great contributions to the development of the U.S. Because the U.S. has often been victorious, achieving the purpose of their war, most wars ended with a surrender of the enemy or declaration of termination. The Americans concluded peace treaties only when they wanted to fundamentally restructure the regional order after the war or to realize their strategic interest from a broader, longer perspective in some parts of the world. This research is to analyze the peace treaties that the U.S. has signed so far or has mediated upon, searching for the possibility of making a U.S.-DPRK peace …
Foreign Initial Coin Offering Issuers Beware: The Securities And Exchange Commission Is Watching, Julianna Debler
Foreign Initial Coin Offering Issuers Beware: The Securities And Exchange Commission Is Watching, Julianna Debler
Cornell International Law Journal
No abstract provided.
Labor And Human Rights Conditions Of North Korean Workers Dispatched Overseas: A Look At The Dprk’S Exploitative Practices In Russia, Poland, And Mongolia, Teodora Gyupchanova
Labor And Human Rights Conditions Of North Korean Workers Dispatched Overseas: A Look At The Dprk’S Exploitative Practices In Russia, Poland, And Mongolia, Teodora Gyupchanova
Cornell International Law Journal
The Database Center for North Korean Human Rights (NKDB) has so far dedicated over three years to a focused research on the human rights conditions of North Korean laborers overseas. In this amount of time NKDB researchers have only managed to uncover a small fraction of the abuses endured by the North Korean citizens dispatched overseas to earn revenue for the North Korean regime. There is a lot of work that still needs to be done, which should involve investigation of the working and living conditions of North Korean laborers residing in different countries, seeking accountability from the entities, government …
Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan
Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan
Cornell International Law Journal
North Korea has the worst human rights crisis in terms of the breadth and extent of its violations, and also presents the most serious security crisis in the world. A trio of doctrines— International Humanitarian Intervention, the Responsibility to Protect, and legitimate defense— provide the foundation for a range of solutions and approaches to resolve this crisis. At the same time, North Korea poses real dangers, the situation is delicate, and the resolutions may prove difficult. Strong determination is necessary to stay the course until the Koreas reunite, ideally in a peaceful manner. The situation has moved rapidly over the …
North Korean Illicit Activities And Sanctions: A National Security Dilemma, Bruce E. Bechtol Jr.
North Korean Illicit Activities And Sanctions: A National Security Dilemma, Bruce E. Bechtol Jr.
Cornell International Law Journal
North Korea is a nation-state that for many years (including the years following the Cold War) has been off of the main radar for American foreign policy. Whether it was because the United States was worried about other issues such as problems in the Balkans in the 1990s, or fighting wars in Iraq and Afghanistan in the new millennium, challenges from the DPRK never seemed to be at the top of the priorities list with American foreign policy makers. This has now changed. It has become obvious to the world that North Korea has an active nuclear weapons program, and …
Comity And International Courts And Tribunals, Thomas Schultz, Niccolo Ridi
Comity And International Courts And Tribunals, Thomas Schultz, Niccolo Ridi
Cornell International Law Journal
This study seeks to clarify the importance, current and potential, of the use of comity by international courts and tribunals. Our findings support the idea that comity might be an emerging principle of procedural law, though agreement on its exact meaning— or unequivocal choices among its many connotations— still tends to be uncommon. We submit that, as long as other solutions are not in place, the principle can be successfully employed to assist international courts and tribunals in mediating jurisdictional conflicts between themselves by balancing coordination efforts and the demands of justice in the individual cases.
Comity may serve as …
General Theory Of Law And Development, Yong-Shik Lee
General Theory Of Law And Development, Yong-Shik Lee
Cornell International Law Journal
Although scholarship in law and development that explores the relationship between law and social and economic progress has evolved over the last four decades, this area of inquiry remains unfamiliar to many legal scholars, lawyers, and policy makers. Scholars have not yet been able to develop a theory that systematically explains the interrelationship between law and development, which would establish law and development as a robust and coherent academic field. This Article attempts to fill this gap by presenting a general theory that defines the disciplinary parameters of law and development, and explains the mechanisms by which law impacts development. …
A Global Body And A Global Problem: The Curious Case Of The G-20 And Securities Regulation, Tamilla Nurizada
A Global Body And A Global Problem: The Curious Case Of The G-20 And Securities Regulation, Tamilla Nurizada
Cornell International Law Journal
No abstract provided.
Frozen Conflicts And International Law, Thomas D. Grant
Frozen Conflicts And International Law, Thomas D. Grant
Cornell International Law Journal
Scholars (mostly in international relations and politics) and policymakers (in various countries) have referred to a series of conflicts in the space of the former USSR as “frozen conflicts.” Because some now speak of new “frozen conflicts” emerging, it is timely to ask what— if any— legal meaning this expression contains. Moreover, how we characterize these conflicts affects legal and other procedures the parties and others might apply to resolve them. Beyond the open questions of semantics and taxonomy, the so-called “frozen conflicts” merit attention because of their salience to the dispute settlement machinery that they so largely have frustrated.
U.S. Nonprofit Activity In Cuba: The Cuban Context, Elizabeth Brundige, Lucia Dominguez Cisneros, Eduardo M. Peñalver, Laura Spitz
U.S. Nonprofit Activity In Cuba: The Cuban Context, Elizabeth Brundige, Lucia Dominguez Cisneros, Eduardo M. Peñalver, Laura Spitz
Cornell International Law Journal
American regulatory restrictions on nonprofit activity in Cuba have decreased dramatically over the past three years. As a result, interest in undertaking projects in Cuba among U.S. nonprofits has increased significantly over that same period. Despite President Trump's recent directive that rolled back several aspects of the previous administration's Cuba policy and ordered new restrictions on U.S.-Cuban engagement, U.S. nonprofits are unlikely to be deterred from seeking to expand their engagement in Cuba over the long term. As nonprofits explore potential opportunities and navigate legal and political challenges, this Article seeks to advance the conversation by answering the following questions: …
Rape In War: Prosecuting The Islamic State Of Iraq And The Levant And Boko Haram For Sexual Violence Against Women, David Sverdlov
Rape In War: Prosecuting The Islamic State Of Iraq And The Levant And Boko Haram For Sexual Violence Against Women, David Sverdlov
Cornell International Law Journal
No abstract provided.
Four Unconstitutional Constitutions And Their Democratic Foundations, Richard Albert
Four Unconstitutional Constitutions And Their Democratic Foundations, Richard Albert
Cornell International Law Journal
The present fascination with the global phenomenon of an unconstitutional constitutional amendment has left open the question whether a constitution can be unconstitutional. To declare an entire constitution unconstitutional seems different in both kind and degree from invalidating a single amendment for violating the architectural core of a constitution, itself undoubtedly an extraordinary action. In this Article, I illustrate and evaluate four different conceptions of an unconstitutional constitution. Each conception draws from a different constitution currently in force around the world, specifically the Constitutions of Canada, Mexico, South Africa and the United States. Despite their unconstitutionality in different senses of …
A Complicated Alchemy: Theorizing Identity Politics And The Politicization Of Migrant Remittances Under Donald Trump's Presidency, Stephen Wilks
A Complicated Alchemy: Theorizing Identity Politics And The Politicization Of Migrant Remittances Under Donald Trump's Presidency, Stephen Wilks
Cornell International Law Journal
Using law to conscript financial technology in aid of state goals is not new. Financial institutions have long been subject to myriad legal and regulatory reporting requirements designed to combat money laundering, enforce economic sanctions, support tax compliance, and interdict the financing of terrorism. Trump's particular approach to this tradition, however, seeks to capitalize on a particularly toxic convergence of race, class, economics, and globalization. America is not alone in its recent experience with surges in right wing, nationalist populism. Globalism's winds have posed challenges to those who have enjoyed the benefits of protectionist trade policies that no longer exist, …
Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Elizabeth Smeda
Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Elizabeth Smeda
Cornell International Law Journal
U.S. border agents detained at least 52,000 unaccompanied minors from only four Central American countries-Mexico, Guatemala, El Salvador, and Honduras-in 2014, while 95,000 unaccompanied children sought asylum in Europe in 2015.Given the ongoing turmoil in various parts of the world, these numbers will likely rise. Children are narrowly escaping their native countries. With little help available from legal counsel and little time to gather supporting evidence, more children are relying on the gamble of a positive credibility assessment in an asylum application. The stakes are high-either a new life in the United States, or probable fatality at home if deported.The …
Treaty Of Tordesillas Syndrome: Sovereignty Ad Absurdum And The South China Sea Arbitration, Christopher R. Rossi
Treaty Of Tordesillas Syndrome: Sovereignty Ad Absurdum And The South China Sea Arbitration, Christopher R. Rossi
Cornell International Law Journal
The South China Sea is the fifth largest body of water in the world. It accounts for five trillion dollars in annual commercial activity involving a third of maritime traffic worldwide. China claims wide-ranging sovereign rights over upwards of ninety percent of this Sea via a controversial U-shaped line. Its claim upsets regional stability and portends a coming conflict with the United States, the world's supreme maritime power, over the application of the United Nations Convention on the Law of the Sea (UNCLOS). China claims its sovereign authority predates UNCLOS by millennia; critics date China's claim to 1947. Already described …
Legal Obligation In International Law And International Finance, David Zaring
Legal Obligation In International Law And International Finance, David Zaring
Cornell International Law Journal
No abstract provided.
Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr
Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr
Cornell International Law Journal
No abstract provided.