Law Commons^™

Prologue, Claudio Grossman, Robert K. Goldman

American University International Law Review

We are pleased to write this prologue for the special issue of the American University International Law Review featuring the winning papers from the 2024 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.

Does Mandatory Corporate Human Rights Due Diligence Offer A Path To Resolving Global Food Insecurity Challenges?, Ying Chen, Benedict Sheehy

American University International Law Review

Despite the 2015 implementation of the United Nations Sustainable Development Goal to end hunger and all forms of malnutrition by 2030 (the Zero Hunger Goal), food insecurity remains a persistent global problem. Well past the halfway point to 2030, the world is woefully off track to reach this goal. Current efforts to address global food insecurity are led by the public sector and focused on government interventions, and these are proving to be insufficient on their own. This Article argues that the private sector, and business enterprises and multinational corporations in particular, as important stakeholders in society, can and must …

"Esa Persona No Soy Yo": La Inteligencia Artificial Como Un Nuevo Instrumento De Violencia, Samantha Rodriguez Santillan

American University International Law Review

En 1943, cuando se inventó la primera computadora, se especularon muchísimas teorías, positivas y negativas, sobre cómo esta tecnología afectaría las relaciones humanas. Décadas después, el desarrollo de toda una nueva gama de productos y servicios creó un nuevo espacio que trajo consigo un infinito número de escenarios que lentamente se han regularizado.

Inteligencia Artificial Y Desinformación En Internet: Regulaciones (In)Compatibles Con Los Estándares De Protección Del Derecho A La Libertad De Expresión En El Derecho Internacional De Los Derechos Humanos, Trilce Gabriela Valdivia Aguilar

American University International Law Review

Durante los casi dos años de confinamiento debido a la pandemia por COVID-19, muchas de nuestras interacciones “en vivo” se trasladaron al mundo virtual. Asimismo, las redes sociales se convirtieron en una de nuestras principales fuentes de información y también en los medios más usados para comunicarnos y debatir con nuestros pares. Lamentablemente las mismas no estuvieron siempre sustentadas en información certera, sino más bien en información falsa, que circulaba en medio de viciosas burbujas donde nos era imposible conocer opiniones o pareceres contrarios a los nuestros.

For Whom Is International Law?, E. Tendayi Achiume

American University International Law Review

Grotius Lecturer E. Tendayi Achiume and Distinguished Discussant Jamil Dakwar provided the Twenty-Seventh Annual Grotius Lecture on Wednesday, April 16, 2025 at 5:00 p.m.

Domestic Mandatory Human Rights Due Diligence Laws As Global Business And Human Rights Regulation, Zhuolun Li, Yu Xiang

American University International Law Review

The last decade has witnessed a paradigm shift in business and human rights (BHR) from soft law to hard law. Although the Global South has pushed for an international treaty, legislators in Europe turned their focus from international law to domestic mandatory human rights due diligence (mHRDD) laws with extraterritorial implications, enforcing localized human rights standards globally. This Article examines the impact of mHRDD legislation as global BHR regulation from a Third World Approaches to International Law perspective. The Article makes three contributions. First, it argues that the current divide between the Global North and South continues a historical struggle …

The Climate-Arbitration Nexus: How Legitimate Expectations Shape Investor Claims In A Decarbonizing World, M. Uzeyir Karabiyik

American University International Law Review

The global push for climate change mitigation, particularly through renewable energy promotion and fossil fuel phase-out, has sparked a surge in investor-state arbitrations. At the heart of these arbitrations lies the concept of “legitimate expectations,” which is considered by arbitral tribunals as a cornerstone of the fair and equitable treatment (FET) standard. This Article conducts a comprehensive analysis of diverse approaches adopted by arbitral tribunals in interpreting legitimate expectations in the context of climate action. It then delves into specific interpretations of this concept within two categories: disputes related to states’ renewable energy promotion policies and those that stem from …

The Tightrope Walk Of Ftas: Balancing The Relationship Between Foreign Investments And Public Interests, Savannah Kelly

Arbitration Brief

Investors have the right to protect their investments just as host states have the right to protect public interests, otherwise recognized as public interest regulation. Arbitration can disrupt the balance between state and investor rights when it whittles away or strips entirely the state’s regulatory autonomy. Public interest regulation, such as environmental protection, remains critical as it holds states simultaneously accountable to, inter alia, their constituents as well as international norms and conventions. A trade agreement provision that infringes upon a state’s regulatory liberty may force it to navigate a complex legal landscape in which commitments to domestic and international …

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

Criminalizing Ecocide: An Opportunity To Embed The Inseparability Of Humans From Nature Into The Law, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Amid widespread acknowledgment that we live on a planet in peril, the term “ecocide” packs a powerful rhetorical punch. Extant regulatory approaches to environmental protection feel insufficient in the face of the triple threat of climate change, pollution, and biodiversity loss. International criminal prosecution for ecocide, by contrast, promises to meet the moment, and a recent proposal to introduce ecocide into the canon of core international crimes is gaining traction. Assuming the push to criminalize ecocide continues to gain momentum, this Article argues that the primary (and perhaps, sole) benefit that international criminal law can offer in this context is …

Asian Pacific Investments In Latin America: A Corporate And Tax Perspective, Nicolás Muñiz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Survival Of The Fittest? Ai And Its Different Regulatory Models, Miklós Király

Emory International Law Review

Prof. Peter Hay is a regular visitor to Budapest, Hungary. He gives excellent lectures on conflict of laws, with a particular focus on the nuances of jurisdiction. At the same time, many of us are avid readers of his German textbook US-Amerikanisches Recht. This textbook provides an overview of US law, from legal history to constitutional law and administrative law or criminal law. His interest and work which spans legal disciplines and legal systems, encourages me to welcome him with a paper on comparative law than a study of private international law.

This paper provides an overview of the broad …

Public Policy’S Dual Function In Conflicts Law, Hossein Fazilatfar

Emory International Law Review

Public policy displays in conflicts law in various forms. It plays both a preventive and an offensive role. In its defensive form it may be used to refuse recognition of a foreign judgement or an arbitral award which violate forum’s public policy. It may also block the law chosen by the parties or any law otherwise applicable to the transaction for public policy violations. Simultaneously public policy provides for the direct application of its offensive function known as mandatory laws which will replace the law chosen by the parties or the law determined through any conflict analysis. This Article illustrates …

Peter Hay: An Academic Life In Full, Hans-Eric Rasmussen-Bonne

Emory International Law Review

No abstract provided.

Precautionary Measures And The Risk Of Escalation In The Use Of Nuclear Weapons, Jeffrey Biller

Emory International Law Review

The use of nuclear weapons presents an unparalleled risk of escalation, a reality that has become increasingly pressing due to recent geopolitical developments, particularly Russia’s revised nuclear doctrine and its ongoing conflict with Ukraine. While the legal frameworks governing armed conflict, particularly International Humanitarian Law (IHL), do not traditionally require an analysis of escalation risk before an attack, this article argues that the extreme and immediate consequences of nuclear escalation necessitate its inclusion within the precautionary measures framework.

This article first examines the concept of nuclear escalation, identifying both intended and unintended risks associated with nuclear strikes. While nuclear deterrence …

Transcending Boundaries In The Age Of International Corporate And Financial Law, Maria Lucia Passador

Emory International Law Review

This article critically examines the dynamic interplay between European corporate law and international corporate law (ICL) against the backdrop of globalization and regulatory competition, offering insights into the former’s multifaceted influences and contributions to the evolving dynamics of the latter.

The paper begins by exploring the role of legal transplants and implants in comparative company law, addressing both their advantages and challenges. The article then turns to key features of ICL, with particular attention to the influence of U.S. law. Notably, the influence of U.S. law on ICL prompts an examination of EU corporate law’s role – whether it passively …

The War On Trade: Applying The Wto Security Exceptions To Economic Security Measures, Ian Allen

Northwestern Journal of International Law & Business

This article examines the efficacy of the WTO treaties’ security exception provisions in curbing abusive appeals to national security to justify otherwise impermissible trade measures. It specifically explores whether GATT Article XXI and its sister provisions establish objectively discernible prerequisite conditions for their invocation, how far Member discretion extends in defining “essential security interests,” and whether the WTO dispute system offers sufficiently objective legal standards to prevent abuse of the security exceptions.

Building on existing scholarship, this article employs a comprehensive interpretive analysis of all available means under the Vienna Convention on the Law of Treaties (VCLT) and integrates not …

Due Diligence Obligations Over State Economic Entities In International Investment Law, Kevin Clement

Northwestern Journal of International Law & Business

The growing importance and sophistication of State capitalism and associated implementation of governmental policies through State economic entities, such as State-owned banks, State-owned enterprises, monopolies, and other entities close to the government, has given rise to a perception that existing international law rules are inadequate to effectively accommodate the activities of such entities. Sole reliance on customary international law principles of attribution has proven particularly problematic where governments maintain links with their economic entities that create a risk of the latter being used as conduits for governmental action. Such links may exist in a variety of forms beyond mere ownership, …

Eye-For-An-Eye: High Compensation Awards Against States As Undue Punishment, David M. Bigge, Jonathan M. White

American University International Law Review

In observing the past several years’ debates regarding reparations under international law, we are reminded of lessons we learned as children in Sunday School. The Jewish and Christian sacred texts address the principle of retributive justice reflected in the Biblical phrase “an eye for an eye, a tooth for a tooth.” During the early rabbinic period, the great sages grappled with the import of this rule. Jesus famously rejected the rule in favor of mercy: “turn the other cheek.” The rabbis were not as interested in rejecting this rule in its entirety as ensuring that it yielded justice.

Is It Possible To Draft A Universal Criminal Code?, Paul H. Robinson

American University International Law Review

The world contains hundreds of distinct communities with their own traditions and values. One might assume that, despite the best efforts of international organizations, it would be impossible to draft a criminal code that could operate effectively for all countries. Is that the case? If one tried to construct a universal criminal code, what sorts of challenges and limitations with the effort face?

Discussant Commentary On The Twenty-Seventh Annual Grotius Lecture, Jamil Dakwar

American University International Law Review

27^th Annual Grotius Lecture on International Law: April 2025

Blood Cobalt: Unmasking And Charging Corporations For Involvement In International Law Violations In The Democratic Republic Of Congo, Bolu Jegede

American University International Law Review

Joint Criminal Enterprise (JCE) is a legal doctrine developed by the International Criminal Tribunal for the Former Yugoslavia (ICTY) to hold participants in a criminal enterprise equally liable for all results of the group’s criminal actions, even if the individuals were not directly involved in committing the crimes. While traditionally used to prosecute individual criminal actions, JCE provides a legal pathway to hold corporations criminally liable for their actions that further international law violations. Although corporations currently do not have specific, listed responsibilities under international law, they are required to respect human rights and ensure their activities do not perpetrate …

The Blue Economy Comes To Green Creek, Ursula Ramsey

South Carolina Journal of International Law and Business

Oceans, touted as the “next great economic frontier,” are projected to contribute three trillion dollars to the global economy. Beyond their economic potential, oceans provide a host of environmental benefits: oceans supply over half of the planet’s oxygen and contain nearly all of the Earth’s water and biosphere. Especially because the high seas represent one of the few remaining global commons, oceans present a governance challenge. Meeting this challenge is the concept of the blue economy, a form of governance that combines environmental stewardship, economic development, and social equity. This article, in discussing Mulvihill v. South Carolina Department of Health …

The Effect Of Constructive Ambiguity On Differentiation In The Climate Change Regime: Mitigation And Climate Justice, Enam Korkor Antonio

Loyola University Chicago International Law Review

In the high-stakes world of international climate negotiations, words can be both sword and shield. This article exposes how "constructive ambiguity" worked as a double-edged sword in shaping the discourse on differentiated responsibilities for climate change mitigation. This linguistic diplomatic maneuver may have temporarily bridged seemingly insurmountable divides. However, it has also undermined global climate justice. This article traces the evolution of differentiation in the climate change regime, revealing three distinct interpretations that emerge from the mist of constructive ambiguity. This article's central point is that the success of international climate action hinges on a bold recalibration: embracing each stage …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Where Air Meets Space: Legal Implications For The Provision And Use Of In-Flight Internet Connectivity By Satellite, Steven Truxal, Dimitra Stefoudi

Loyola University Chicago International Law Review

In view of the increasing scale and broadening scope of the provision and use of in-flight internet connectivity by satellite, this article identifies relevant legal implications for States, satellite operators and airlines. With reference to international air law and international space law, as well as telecommunication law, this article discusses the extent to which existing law can alleviate legal concerns.

The article begins with an introduction that discusses the intersection of air and space, locating the provision and use of in-flight connectivity by satellite. A lack of political and legal consensus on where precisely to delineate outer space is explained …

Non-State Armed Conflicts Or Criminal Activities? Haitian Gangs In The International Humanitarian Law Framework, Grace Paulson

Loyola University Chicago International Law Review

Over the years, numerous attempts have been made to establish stability in Haiti, including efforts by President Jovenel Moïse, yet none have succeeded. The power vacuum left by the assassination of President Jovenel Moïse in 2021 further fueled the recent widespread outbreak of gang violence. In the absence of both a trusted, elected president and a functional government, gangs have taken it upon themselves to fill this power void—particularly the gang known as G9. The leader of the G9 gang has used the assassination of Moïse as fuel to encourage his followers to engage in “legitimate violence” against the corrupt …

The Human Right To A Healthy Environment: Corporate Responsibility In Critical Mineral Extraction, Erika George

Loyola University Chicago International Law Review

This paper argues that the emerging human right to a clean, healthy, and sustainable environment should guide the governance of critical minerals by incorporating the corporate responsibility to respect human rights throughout supply chains to ensure a racially just energy transition. It frames the climate crisis within the history and political economy of racial capitalism, contending that without rights-based guardrails, mineral supply chains risk reproducing the extractive harms and racialized disparities of the fossil fuel era, including labor abuses, displacement, water depletion, and violence disproportionately borne by racialized and Indigenous communities. Methodologically, the paper combines doctrinal analysis of international norms …

A Route To Self-Determination: Empowering The West Papuan Region Through Targeted Special Autonomy Law Reforms And Iccpr/Icescr Integration, Maanasa Pamganamamula

Loyola University Chicago International Law Review

This Comment examines Indonesia’s governance over West Papua, analyzing how the 2001 Special Autonomy Law and its 2021 amendments have undermined Papuans’ right to self-determination. Although the 2001 law aimed to enhance regional autonomy and protect Indigenous rights, it has largely failed, fueling protests, human rights violations, and militarization. These ongoing issues trace back to the 1962 United States brokered “New York Agreement,” which transferred administrative control to Indonesia following Dutch withdrawal. By excluding Papuans from key decisions, such as the “Act of Free Choice,” Indonesia entrenched systemic abuses that continue to shape the region’s political landscape.

Building on this …

Beyond Agency Authority: Regulating Sulfur Hexafluoride Under An Enhanced Title Ii Framework Of The Clean Air Act, Matthew Gawley

Fordham Environmental Law Review

This paper explores the critical need for robust Congressional action to regulate sulfur hexafluoride (SF6), a greenhouse gas with a global warming potential more than 20,000 times greater than carbon dioxide. Recent Supreme Court decisions––in West Virginia v. EPA and Loper Bright Enterprises v. Raimondo––to restrict EPA authority and end the Chevron doctrine have curtailed federal environmental agencies’ regulatory authority, shifting the responsibility for addressing major environmental challenges back to Congress. Despite being addressed under Title I of the Clean Air Act (CAA) through the 2022 Inflation Reduction Act (IRA), current SF6 regulations prove grossly inadequate. The utilities industry––the largest …