Law Commons^™

Humans In Nature: Creating Our New Reality Through Ecological, Cultural, Global, Ethical, And Legal Reform, John Head

UMKC Law Review

No abstract provided.

The Special International Peace Zone: From History, Through Practice, Toward An End To Armed Conflict In Ukraine, Tom W. Bell

Notre Dame Journal of International & Comparative Law

This paper presents the special international peace zone as both an observed and ideal institution. Such a zone quells military conflict in an area over which sovereigns make conflicting territorial claims. It operates through an interim administration, governed by its own rules, independent of any single sovereign. Past examples include the Free City of Danzig (1920-39), the Free Territory of Trieste (1947-54), and United Nations Interim Administration Mission in Kosovo (1999-2008). Despite proven successes, these zones have suffered from an undue reliance on multi-national organizations—first the League of Nations and now the United Nations. Warring sovereigns seldom agree about the …

Whose Truth Commission, Lehlohonolo January

Notre Dame Journal of International & Comparative Law

It is often said that the victor always dictates the narrative and thus dictates how history is represented. The end of Apartheid in South Africa wasn’t a result of an outright victorious defeat of the Apartheid State together with its institutions of coercion but rather came about as a result of a culmination of a series of events. If this adage holds true, then why is it that the narrative seems to paint a picture of a victor’s perspective? This assertion is not made lightly but is no less reflective of how the facts seem to portray themselves in that …

The Application Of Comparative Law In Public International Law Research, Lê Thị Anh Đào, Adrianna N. Globokar

Akron Law Student Publications

Comparative law analyses the similarities and differences between legal systems, often across different countries or jurisdictions, and examines how those systems operate. Public international law, by contrast, governs the conduct of actors subject to international law, primarily sovereign states, and international organisations, through legal frameworks and principles. Although comparative law and international law are traditionally treated as distinct areas of study, this paper explores the potential benefits of adopting a comparative approach to public international law. Insights from comparative law can deepen the public’s understanding of public international law and advocate for the establishment of “comparative public international law” as …

Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass", Andrew P. Morriss

Faculty Scholarship

This Article examines the competitive dynamics in the global law market through the lens of the statutory evolution of the Rule in Hastings-Bass across various International Financial Centers (IFCs). Following the UK Supreme Court's 2013 decision in Pitt v Holt and Futter v Futter, which significantly restricted the judiciary's ability to void trustee decisions under the Rule, seven IFCs (Jersey, Bermuda, The Bahamas, the Dubai International Financial Center, the Cayman Islands, and the British Virgin Islands) enacted statutes to preserve and clarify the Rule within their jurisdictions. These legislative actions highlight the strategic adaptations by IFCs to enhance their legal …

The Complex Interplay Between Intellectual Property And The Right To Science, Peter K. Yu

Faculty Scholarship

In April 2020, the U.N. Committee on Economic, Social and Cultural Rights released General Comment No. 25, which provides an authoritative interpretation of the right to science—a right that has hitherto not received much attention. In light of this publication and the recent celebration of the 75th anniversary of the Universal Declaration of Human Rights, this article examines the complex interplay between intellectual property and the right to science, with a view toward the human rights challenges brought about by both the COVID-19 pandemic and the arrival of generative AI.

The article begins by documenting the historical evolution of the …

Nato Self-Defense – Is Article 5 The Right Framework For Responding To Sub-Kinetic Cyber Aggression?, Shreyas Kumar, Gary D. Brown, Srividhya Ragavan, Maddalena Cerrato, Gourav Nagar

Faculty Scholarship

Cyber aggression presents a significant challenge to traditional frameworks of collective defense, particularly under Article 5 of the NATO Washington Treaty, which obligates member states to respond collectively to an "armed attack." While NATO has acknowledged that cyber incidents may trigger Article 5, ambiguity persists over what constitutes a cyber "armed attack," especially in the absence of kinetic effects. This uncertainty complicates NATO’s ability to address increasingly prevalent sub-kinetic cyber threats, such as economic disruption, data manipulation, and interference in democratic processes. Unlike conventional military threats, cyber operations often fall below the traditional threshold of armed conflict while still exerting …

Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly

Notre Dame Journal of International & Comparative Law

Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21^st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …

Beautiful Means For Nefarious Ends, Eric Wahoff

Notre Dame Journal of International & Comparative Law

This note will attempt to address the laws of art dealers and banks in a way that draws parallels with the past struggles of banks and today’s struggle in the art world to keep bad actors out. It will begin with surveying how art is currently used as a tool of criminals and the current regulatory regimes in the EU, New York, and California – the states with the most art brokers.Then the note will analyze relevant laws from the US banking industry. Finally, the note will discuss ways that banking laws that have been used to address money -laundering …

Volume 15, Issue 1 - Full Issue, Notre Dame Journal Of International & Comparative Law Volume 15

Notre Dame Journal of International & Comparative Law

No abstract provided.

Sustainability-Competent Lawyering In The International Context, Amy L. Edwards, John C. Dernbach

UMKC Law Review

No abstract provided.

Arctic Law: Even More Sustainable? Roles Of The Us And Eu, Joseph F.C. Dimento, Jessica L. Pierucci

UMKC Law Review

No abstract provided.

Thailand V. Katanyu Muenkhamruang “Pan”, Andrew Khoo, Human Rights Institute

Human Rights Institute

The criminal proceedings against Ms. Katanyu Muenkhamruang (“Pan”), a 27-year-old Thai student and pro-democracy activist, violated international fair trial standards and Thailand’s human rights obligations under the International Covenant on Civil and Political Rights (ICCPR). Pan was convicted under Thailand’s sedition law and the Computer-Related Crimes Act for Facebook posts promoting peaceful anti-government protests in 2021. The trial revealed numerous due process violations, including violation of the presumption of innocence, reliance on unsubstantiated claims, and a lack of reasoned judgment. Despite the absence of direct evidence linking Pan to the alleged posts, the court inferred guilt, and arbitrarily disregarded exculpatory …

Igniting Action To Reduce Gas Flaring: Real Opportunities. Real Projects. Real Results., Andrew Bernstein, Mark Davis, Thomas Mitro, Perrine Toledano

Columbia Center on Sustainable Investment

Gas flaring is a major global challenge. Despite bold commitments from governments, national oil companies (NOCs), international oil companies (IOCs), and leading independents, global flaring levels have stagnated at around 140–150 BCM per year, emitting up to 1 billion tonnes of CO2-equivalent greenhouse gases annually, while representing as much as $30 billion per year in potential lost revenue.

Numerous studies have outlined how flared gas can be captured and monetized – through power generation, fertilizers, petrochemicals, LNG and pipeline exports, among other use cases. Substantial reductions in flaring are not only technically achievable but can often create significant commercial value …

From Promise To Performance: Reforming Blended Finance For Scale, Perrine Toledano, Ana M. Camelo Vega, Tucker Wilke

Columbia Center on Sustainable Investment

Blended finance has the potential to help close the sustainable development financing gap. Strategically combining public and philanthropic capital to unlock private investment, it has proven to be an effective tool to de-risk impact investments. But without bold, structural reform, it risks remaining a niche tool – promising in theory, underperforming in practice. Drawing on over 65 expert interviews and in-depth analysis, this report from the Columbia Center on Sustainable Investment (CCSI) maps the systemic barriers preventing blended finance from operating at scale, and outlines a practical path forward. With bold leadership and coordinated reform, blended finance can become a …

The Role Of Advisory Opinions In International Law In The Context Of The Climate Crisis, Maria Antonia Tigre, Armando Rocha

Sabin Center for Climate Change Law

Between December 2022 and March 2023, three requests for an advisory opinion were submitted to the International Tribunal for the Law of the Sea (ITLOS), the Inter-American Court of Human Rights (IACtHR), and the International Court of Justice (ICJ). Furthermore, a request for an advisory opinion from the African Court on Human and Peoples’ Rights (AfCtHPR) is being prepared. As such, 2024–2025 marks an unprecedented moment in global climate litigation: as of November 2024, we are on the verge of having four of the world’s most important international and regional courts and tribunals answering crucial legal questions on the (ex …

How Domestic Institutions Shape The Global Tech War, Anu Bradford, Eileen Li, Matthew C. Waxman

Faculty Scholarship

The United States (U.S.), China, and the European Union (EU) are engaged in a national security-driven economic competition over advanced technology. Many scholars and commentators focus on the external dimension of this geopolitical contest; that is, they describe the strategic choices by each actor in terms of geopolitical realities, threat perceptions, and relative power. However, this Article brings to the fore the internal dimension of the global tech war. We argue that each player’s strategy in the tech war is a function of its internal features, including basic constitutional powers, domestic legal institutions, and the relationships between the government and …

International Abolitionist Advocacy: The Rise Of Global Networks To Advance Human Rights And The Promise Of The Worldwide Campaign To Abolish Capital Punishment, John D. Bessler

All Faculty Scholarship

The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly's adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in recent decades. This Article discusses the origins of global networks to advance human rights and highlights the growing international advocacy, including by nation-states and nongovernmental organizations ("NGOs"), for a worldwide moratorium on executions and to abolish capital punishment altogether. The total number of countries conducting executions in the past …

Letter From The Editor-In-Chief, Justin Vickers

Notre Dame Journal of International & Comparative Law

No abstract provided.

Building Open Finance, Douglas W. Arner, Ross P. Buckley, Christine M. Wang, Dirk A. Zetzsche

Notre Dame Journal of International & Comparative Law

As one of the most digitalized sectors of the economy, finance is increasingly dependent on data. Over the past decade, the implementation of Open Banking and Open Finance in an increasing number of major jurisdictions around the world, including the European Union (EU), the United Kingdom (UK), Australia, Brazil, and the United Arab Emirates (UAE), seeks to break down data silos, empower consumers, and increase competition among financial service providers, aiming to maximize the value of financial data for innovation, growth, and competitiveness. In addition to mandatory requirements, other governance approaches to Open Finance, including collaborative arrangements and voluntary initiatives, …

Sails Symposium Launch On International Law Scholarship: What We Write, Where We Publish, And Why It Matters, Kathleen Claussen, Melissa J. Durkee, Rebecca Ingber, Steven Arrigg Koh

Faculty Scholarship

Despite the centrality of international law scholarship in international law, little work has been done to understand the contours and forces at work in what international law scholars write, where they publish that work, who reads international law scholarship, and scholarship's relationship to the policy world. For international lawyers, identifying answers to these questions and appreciating the impact of our collective work is essential, particularly at a moment of profound political struggle in communities around the world. We have remarkably few data as to what topics, methodologies, and perspectives of international law scholarship journals and publishers print, by whom, in …

Understanding Disputes Over Digitalization: A Perspective Of Cross-Border Central Bank Digital Currencies, Heng Wang

Research Collection Yong Pung How School Of Law

In a rapidly digitalizing world, complex disputes would arise due to the technological, regulatory and other complexities. Public and private actors—including central banks, financial institutions, tech firms, and law firms—need to understand the complexity of these disputes before determining whether and how to engage with ongoing digitalization. Given the fundamental role of currency in the world economy, this article examines central bank digital currency (CBDC) as a pivotal case study. CBDCs, representing the digitalization of central bank money, are a novel digital form of national currency issued by central banks. Various central banks, including those of the Eurozone, Switzerland, the …

Techno-Geopolitics And Semi-Conductor Chokepoints: Beyond The Us-China Wto Dispute, Han-Wei Liu, Ching-Fu Lin

Research Collection Yong Pung How School Of Law

Much ink has been spilled on the US-China tech and trade war, particularly the role of US export controls in containing China and preserving America’s tech dominance. Less attention, however, has been paid to other critical nodes in the global semiconductor supply chain – Taiwan, South Korea, Japan, and the Netherlands – which we coin as ‘chokepoint economies’. Taiwan alone produces over 90% of the world’s most advanced chips, vital to the digital age and the future of AI in the Indo-Pacific and beyond. Using Taiwan as a case study, this paper shows how chokepoint economies navigate competing pressures amid …

Sdilj V. 26-2 Masthead

San Diego International Law Journal

No abstract provided.

Rethinking Attribution Standards For State Responsibility Concerning Mass Atrocities, Juan Pablo Perez-Leon-Acevedo

San Diego International Law Journal

Attribution of mass atrocities to states remains a central and contested issue in international law, particularly when such acts are carried out by non-state actors or through proxy forces. This Article analyzes how states may incur responsibility for mass atrocities by examining the legal standards developed in the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) and the jurisprudence of the International Court of Justice (I.C.J.). Special attention is given to developments following the adoption of ARSIWA, including the evolving relationship between Russia and the Wagner Group, to assess how legal principles apply in modern conflict settings. …

Besieging International Law? The Gaza Conflict And The Future Of Siege Warfare, Avraham Russell Shalev

San Diego International Law Journal

The legal boundaries of siege warfare are under renewed scrutiny following Israel’s siege of Gaza after the October 7, 2023 Hamas attacks. This analysis explores the intersection of military necessity and humanitarian obligations, assessing whether Israel’s tactics conform to established international law or signal a shift toward stricter legal interpretations. Key legal frameworks—including the Geneva Conventions, Hague Regulations, and customary international law—are examined alongside debates on civilian protection, humanitarian aid access, and the prohibition of starvation as a method of warfare. A comparative evaluation of sieges in Gaza and Syria reveals inconsistencies in how international humanitarian law is applied, raising …

Labor Rights Under The Usmca: Progress, Shortcomings, And The Road Ahead, Ruby Carlon

San Diego International Law Journal

The United States-Mexico-Canada Agreement (USMCA) introduced the Rapid Response Labor Mechanism (RRLM) to strengthen labor rights enforcement in North American trade. While the mechanism marks a significant departure from NAFTA’s weaker labor provisions, its implementation has revealed systemic shortcomings. The RRLM relies on voluntary compliance, lacks binding remediation requirements, and has an underutilized panel review process, limiting its effectiveness. Economic asymmetry between the United States and Mexico further complicates enforcement, as Mexico bears a disproportionate burden despite having fewer resources to uphold labor standards. Additionally, corporate accountability remains elusive, with companies facing no direct obligations to integrate USMCA labor commitments …

Breaking The Vial: Leveraging North American Regulatory Models And Market Practices To Reform Insulin Pricing In The United States, Chloe Mietzel

San Diego International Law Journal

The high cost of insulin in the United States is driven by restrictive patent protections, trade secret barriers, regulatory inefficiencies, and anticompetitive practices that limit biosimilar competition. While Canada and Mexico have adopted policies that facilitate market entry and government price negotiations, the United States remains constrained by a regulatory framework that prioritizes exclusivity over affordability. Incremental reforms—such as limiting patent extensions, expediting biosimilar approval, increasing pricing transparency, and strengthening antitrust enforcement —could significantly lower costs and expand access. Previous legislative efforts, including the Inflation Reduction Act, have taken steps toward reform, but broader regulatory restructuring is necessary to ensure …

Ai Regulation Across Borders: Legal Challenges And Prospects For International Cooperation, Alex Whaples

San Diego International Law Journal

The rapid development of artificial intelligence (AI) has fueled international calls for a comprehensive regulatory framework to balance innovation with the protection of fundamental rights. This analysis examines the diverse AI governance strategies of four key jurisdictions—the European Union (EU), the United Kingdom, the United States, and China—highlighting their strengths, limitations, and ideological differences. It explores the complexities of crafting an international AI treaty, including challenges related to enforcement mechanisms, regulatory burdens on developers, and ideological divides between Western democracies and China. To navigate these challenges, fostering global cooperation and ensuring accountability without stifling innovation is essential. By leveraging existing …

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …