Law Commons^™

Comparative Analysis Of Freedom Of Thought, Conscience, And Religion In India, Pakistan, And Bangladesh, Abhishek Chakrabarti

Northwestern Journal of Human Rights

The freedom of thought, conscience, and religion is a fundamental human right enshrined in Article 18 of The Universal Declaration on Human Rights (UDHR). However, religious minorities in South Asia are often deprived of this fundamental right. Muslims in India, Ahmadiyyas, Hindus, and Christians in Pakistan, and Hindus in Bangladesh face challenges including educational marginalization, economic and political marginalization, and social stigma in the society. The Note presents a comparative analysis of the freedom of thought, conscience, and religion across the three most populous countries in South Asia–India, Pakistan, and Bangladesh–that also share a long cultural, linguistic, and religious history. …

From The Common Heritage Of Mankind To The Artemis Accords: The Perspective Of Developing Countries In Southeast Asia, Ridha Aditya Nugraha, Lalin Kovudhikulrungsri, Runggu Prilia Ardes, Rio Christiawan

Indonesian Journal of International Law

The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies of 1979 enshrines that the moon as a Common Heritage of Mankind (CHM), which highlights equitable sharing. This is considered a reason why the Agreement only attracted 17 member States. In order to return to the moon by 2028, the United States arranged the Artemis Accords. This non-binding arrangement discusses the utilization of space resources and the non-appropriation principle under international space law. The Artemis Accords can be interpreted as a subsequent practice related to space law treaties. However, the accord excludes the Moon Agreement, which …

Decolonizing International Law, Modirzadeh’S Critique, And Homework For Islamic International Law Scholarship: An Attasian Approach, Fajri Matahati Muhammadin, Rafsi Azzam Hibatullah Albar

Indonesian Journal of International Law

Naz Khatoon Modirzadeh published an article criticizing the Third World Approaches to International Law (TWAIL) movement for its purported inability to achieve its purpose as a response to one of the major international law decolonization projects. One of her criticisms is that TWAIL lacks a cohesive counter-vision of international law, actual representation of third-world views, and organized political movements. Within the heavily diverse (which is one of the problems) TWAIL camp, among others, is the voice of Islamic law. Most Muslim nations have been at the receiving end of the brute force of colonialism. Colonialism is, in fact, responsible for …

After Ratification: How Will Indonesia Navigate The Bbnj Agreement?, Febryani Sabatira, Ria Wierma Putri, Orima Melati Davey

Indonesian Journal of International Law

Indonesia’s ratification of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) signals its entry into a new phase of ocean governance. Translating this commitment into practice requires understanding the Agreement’s scope, assessing its institutional design, and evaluating its implications for Indonesia’s marine legal framework. This paper applies a normative legal analysis and draws on international treaties, domestic laws, and policy instruments to examine the BBNJ’s four substantive pillars—marine genetic resources, area-based management tools, environmental impact assessments, and capacity building and technology transfer—and their relevance to global and national biodiversity …

Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar

Indonesian Journal of International Law

International law events have been sites of contestation among teachers and scholars of international law and beyond. With each unsettling international event, the international law academe faces new wine in the old bottle questions on international law efficacy based on managerial expectations of international law. Though mostly unfair and disproportionate, these questions–diffused and embodied in teaching and otherwise–weigh heavily on international law’s efficacy and legitimacy during and even beyond the temporality of such events. Before any objective and horizontal assessment of IL through crises, as international law scholars, we must try to ask ourselves a few questions. What makes a …

The Impact Of International Trade Liberalization On Oil And Gas Management Policies In Developing Countries: A Case Study Of Indonesia, Bagus Satrio Utomo, Purnomo Yusgiantoro, Suyono Thamrin, Donny Yusgiantoro

Indonesian Journal of International Law

This study aims to analyze the impact of international trade liberalization on oil and gas management policies in developing countries, with a focus on Indonesia as a case study. As a country rich in natural resources, Indonesia faces challenges in maintaining sovereignty over the management of its national oil and gas industry amidst commitments to international trade agreements such as the GATT/WTO. Through a qualitative approach and analysis of international agreement documents, national regulations, and oil and gas industry data, this study finds a significant influence of trade liberalization principles on oil and gas management policies in Indonesia. The results …

Climate Refugees And The Global Common Concern: ‘Rethinking Responsibility Sharing’ In International Law, Saheli Chakraborty, T.V.G.N.S Sudhakar

Indonesian Journal of International Law

Climate change is a fervently sought manifestation that has disproportionately impacted human rights. Amongst galore impediments, climate change has left an indelible mark on human mobility. The climate change-induced migrants, compelled to move beyond the borders, are caught in a double-edged sword. The foremost starts with the ‘’recognitional void” under the refugee law regime. At the outset of differential recognition, the scale of an apprehensive crisis is further questionable. However, acknowledging that no state can protect climate refugees nor address climate change alone, the need for responsibility sharing has been suggested as a sustainable contrivance in approach to the contemporary …

The Role Of National Recapitalization Funds In Sovereign Lending, Elena Gabriela Olariu, Konstantina Panagopoulou Perez

Journal of Financial Crises

The Global Financial Crisis of 2007–2009 showed that a substantial portion of funds borrowed by a state from a lender of last resort may be allocated to bank recapitalization. While national recapitalization funds are not themselves borrowers, they play a key role in recovery operations. This article analyses how lenders, such as the European Stability Mechanism (ESM) and the European Financial Stability Facility (EFSF), incorporate recapitalization funds into their lending framework and how they deal with extraordinary events, such as corporate transformations or liquidation of these funds. To do this, we formulate three key principles that a lender may consider …

La Compétence Internationale Des Juridictions Dans Les Litiges Nés De Contrats Administratifs Internationaux, Rita Waked

Proche-Orient, Études juridiques

No abstract provided.

Le Droit Au Travail Dans Les Pays Du Moyen-Orient, Georges Kadige

Proche-Orient, Études juridiques

No abstract provided.

La Résolution Des Conflits Positifs De Nationalités En Droit International Privé Libanais, Lina Charbel

Proche-Orient, Études juridiques

No abstract provided.

Le Parlement Arabe, Gilbert Aoun

Proche-Orient, Études juridiques

No abstract provided.

Les Testaments Consulaires, Gilbert Aoun

Proche-Orient, Études juridiques

No abstract provided.

Canada’S Contributions To International Legal Discourse: Gender, Genocide, And Neocolonial Investments (2015–2025), Heidi Matthews

Articles & Book Chapters

This chapter critically evaluates Canada’s major points of engagement with international law in the period between 2015 and 2025. In partnership with European and Commonwealth allies, Canada has been an active participant in several contentious cases at the International Court of Justice (ICJ), including against Myanmar, Syria, and Afghanistan. Canada has taken progressive legal positions in this litigation with respect to the interpretation and application of international law as it relates to sexual and gender-based crimes, as well as abuses committed against children. However, the past decade also reveals that Canada’s policy responses to its genocide and other crimes against …

A Sovereign Peace: Reconceptualizing The Law Of Sovereignty In The Taiwan Strait, Alyssa Resar

International Law Studies

China and Taiwan’s enduring dispute stems from a fundamental disagreement over Taiwan’s sovereignty. Drawing on binary conceptions of sovereignty in international law, the Chinese government argues that there can only be one legitimate Chinese sovereign—and that China is this sovereign. Meanwhile, Taiwan’s current government maintains that the Republic of China (Taiwan’s official title) is itself a sovereign, independent entity. As the two governments cling fiercely to their positions, bilateral diplomacy has ceased, and the risk of catastrophic war has risen.

This article argues that international law nonetheless offers the conceptual tools needed to build peace in the Taiwan Strait by …

Bleeding Into Human Rights Law: The Need For A Special Procedure On The Right To Menstrual Health, Hunter Tarry

BYU Law Review

Menstruation, a fundamental biological process experienced by nearly half of the global population, remains shrouded in stigma and silence despite its critical role in sustaining human life. Many women and girls face inadequate menstrual health management and education, undermining their ability to experience a full range of human rights. While menstruation has gained increased public visibility in recent years, the United Nations (UN)—the cornerstone of the global human rights system—has been slow to meaningfully integrate this issue into its agenda. The time is now for the UN to formally recognize menstrual health as a human right by advancing global advocacy …

The Non‑Penalization Machine: Mixed Movements In A Security‑Driven European Border Order, Raghda Elessawy

Theses and Dissertations

This thesis investigates how the non‑penalization principle for irregular border crossing is formally upheld yet effectively undermined in contemporary migration governance. It argues that non‑penalization now operates as a narrow, conditional and status‑dependent “machine” whose protections are fragmented across refugee, smuggling and trafficking regimes and heavily mediated by open‑textured conditions and domestic discretion. Part I reconstructs this doctrinal architecture, showing how key norms convert a humanitarian intuition into limited exceptions within a legal order that otherwise normalizes the criminalization of irregular movement. Part II situates this fragile framework within security‑driven and externalized forms of European border control, where punishment is …

Recalibrating The Veto Power In A Multipolar World: From Power To Fairness And Accountability In International Law, Dr. Ardit Memeti, Dr. Fatemah Albader

San Diego International Law Journal

This Article draws upon the principles of nemo iudex in causa sua and par in parem non habet imperium to emphasize the moral and legal contradictions inherent in the current use and structure of the Permanent 5 (P5) veto power in the United Nations Security Council (UNSC, Security Council, or Council). This Article proposes that targeted reform to suspend the veto power in very limited cases where the P5 members are direct parties to a dispute would address these moral and legal contradictions. The Russia-Ukraine conflict exemplifies how the (mis)use of the veto power by a P5 member can paralyze …

From Party Policy To Law: The Formalization Of The Chinese Communist Party’S Role In State-Owned Enterprise Governance, Jie Zeng

San Diego International Law Journal

For the first time, grassroots branches of the Chinese Communist Party (CCP) were formally granted leadership roles and major decision-making authority under Chinese Company Law in 2024. This change has made China the only jurisdiction that has, at the national law level, authorized its main political party to engage directly in corporate governance without being a shareholder. While this may appear to be the result of President Xi Jinping’s party-building campaign, party involvement in corporate governance goes back to the Maoist era. This Article examines the evolution of state-owned enterprise (SOE) governance from 1949 to the present, illustrating that even …

How International Copyright Approaches To Generative Ai May Influence The Development Of U.S. Copyright Laws For Ai, Tessa Chew

San Diego International Law Journal

Since late 2022, Generative Artificial Intelligence (GenAI) has emerged as a vital technological tool in many industries by producing human-like content based on its trained datasets. This advancement has sparked an international debate over the ethical and legal implications of using copyrighted works for Artificial Intelligence (AI) training. Countries have taken differing legislative approaches to this issue. Japan aims to promote innovation with minimal restrictions; the United Kingdom aims to protect copyright holders by implementing strict AI copyright protections; and the European Union focuses on the transparency of the AI’s copyright use. The United States is currently at a regulatory …

Invisible Nations: Self-Determination As A Legal Shield For The World’S Last Isolated Peoples, Paige Schacher

San Diego International Law Journal

This Comment examines the legal and ethical considerations of self-determination as applied to the world’s last uncontacted tribes—indigenous communities that live isolated from mainstream society. While the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) established a foundational framework for uncontacted tribes’ right to self-determination, its implementation in practice faces jurisdictional, ethical, and legal issues. By examining international and domestic legal instruments, case studies from India and Brazil, and the evolving role of artificial intelligence in indigenous land monitoring, this Comment argues that domestic and international bodies must collaborate to enforce more tailored protections to guard the autonomy …

Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko

Brooklyn Journal of International Law

The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …

International Commitments Of Japan’S Prefectures With Foreign States: Empirical Patterns, Authority, And Legal Nature, Yuhei Matsuyama

Brooklyn Journal of International Law

Under international law, sovereign states are the primary subjects of rights and obligations and possess the authority to conclude treaties. Domestic constitutions typically allocate foreign affairs powers to national governments. Nonetheless, subnational governments—including prefectures—regularly engage in international activities. In some federal systems, constituent units are expressly authorized by their constitutions to conclude international agreements. By contrast, the Constitution of Japan vests foreign affairs authority exclusively in the national executive and is silent on the authority of prefectural governments. This Article uncovers and analyzes approximately 180 previously unexamined international commitments concluded by Japanese prefectural governments with foreign states, identified through information …

The Law And Policy Of Gender Provisions In Multilateral And Regional Trade Governance, Maria Panezi

Brooklyn Journal of International Law

Trade is neither gender-neutral in its design nor in its outcomes. This Article offers a bird's-eye view of the law and policy of gender provisions in multilateral and regional trade governance, examines the conceptual boundaries of incorporating gender into trade policy, and evaluates legal and policy approaches that can make trade more responsive to the asymmetries that disproportionately affect women. Using Canada as a case study, the Article examines one of the most comprehensive national frameworks for mainstreaming gender in trade, including the Gender-Based Analysis Plus (GBA Plus) methodology and the inclusion of dedicated gender and trade chapters in several …

Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen

Brooklyn Journal of International Law

This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …

Necessary Biosafety Precautions For Patented Gmos: Ramifications Of Inconsistent Parties Between The Cartagena Protocol And Trips Agreement, Lauren Clements

Brooklyn Journal of International Law

Genetically Modified Organisms (“GMOs”) compose a class of potentially patentable biotechnology that are prominent in international markets. Developed countries like the United States, function as leading producers of these patented GMOs and therefore play a significant role in their development and transnational export. Minimum protections for these forms of biotechnology are outlined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), which permits the patenting of GMOs that ultimately enter the stream of international commerce. Notwithstanding the potential risks GMOs present to the environment, public health, and the economy, the TRIPS Agreement fails to address any form …

Nanosecond Policies: Comparing Us And Chinese Approaches To High-Frequency Trading Regulation, Bilal Laghari

Brooklyn Journal of International Law

High frequency trading has transformed global financial markets, introducing both efficiency gains and significant regulatory concerns. This Note analyzes the divergent approaches of the United States and China in regulating high frequency trading, focusing on how each system addresses issues of market manipulation, information asymmetry, and systemic risk. It contends that the United States’ reliance on outdated and indirect regulatory mechanisms, such as Regulation NMS, has failed to keep pace with technological advancements. In contrast, China’s more recent and targeted regulatory framework provides clearer guidance and stronger oversight of high frequency trading practices. This Note concludes that a hybrid approach, …

Green Technology And International Patents: Incentivizing Innovation Or Blocking Access?, Matteo Rizzi

Brooklyn Journal of International Law

As the global climate crisis intensifies, the transition to clean energy technologies has become an urgent priority for the world's largest carbon dioxide emitters: China, the United States, and India. This Note examines how patent law can serve as a critical instrument in accelerating that transition. The patent system’s core quid pro quo grants inventors exclusive rights in exchange for public disclosure, creating powerful incentives for innovation. Yet the law’s failure to require active use of patented technologies has enabled a range of anticompetitive behaviors, including patent trolling, patent warehousing, and the accumulation of dormant patent portfolios, that allow proprietary …

Colliding Interests: Solving The Space Debris Crisis Through Us-China Cooperation, Grace E. Mannion

Brooklyn Journal of International Law

As human activity in outer space accelerates, the accumulation of space debris in Low Earth Orbit (LEO) presents an increasingly urgent threat to global infrastructure, economic stability, and the future of space exploration. This Note examines the regulatory and geopolitical challenges underlying the space debris crisis, with particular attention to the fragmented nature of existing international legal frameworks. Current regimes, including the Outer Space Treaty and the Liability Convention, establish broad principles of cooperation and liability but fail to meaningfully address the rapid growth of orbital debris driven by both state and commercial actors. Focusing on the United States and …

Sdilj V. 27-2 Masthead

San Diego International Law Journal

No abstract provided.