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Full-Text Articles in Law
The Persecution Of Stones: War Crimes, Law’S Autonomy And The Co-Optation Of Cultural Heritage, Timothy William Waters
The Persecution Of Stones: War Crimes, Law’S Autonomy And The Co-Optation Of Cultural Heritage, Timothy William Waters
Chicago Journal of International Law
In 1567, a bridge was built over a river in Bosnia—a bridge widely seen as a work of great beauty. In 1993, it was destroyed in a war. What did its destruction mean? Was it a crime—and which one? An assault on culture—and whose? Between 2004 and 2017, a trial held in The Hague sought to answer these questions. The way it did—the assumptions and categories the prosecutors and judges deployed, the choices they made—tells us something important about how law operates and how it appropriates other bodies of knowledge, whether in a now-obscure Balkan conflict or on the battlefields …
Navigating Rough Seas: Women On Waves’ Legal Options For Overcoming Resistant States, Jennifer Bisgaier
Navigating Rough Seas: Women On Waves’ Legal Options For Overcoming Resistant States, Jennifer Bisgaier
Chicago Journal of International Law
Women on Waves is a Dutch nonprofit that seeks to provide women with safe abortion services and health information, as well as to raise public awareness of countries with restrictive abortion laws. One of the means through which the group achieves these goals is its ship campaigns, in which Women on Waves sails a ship to the harbor of a country with restrictive laws, and then brings local women out to international waters to give them medical abortion pills. In 2017, Guatemala expelled the group’s ship from its dock before it had the chance to fulfill its mission, claiming that …
From The State Of Emergency To The Rule Of Law: The Evolution Of Repressive Legality In The Nineteenth Century British Empire, Christopher M. Roberts
From The State Of Emergency To The Rule Of Law: The Evolution Of Repressive Legality In The Nineteenth Century British Empire, Christopher M. Roberts
Chicago Journal of International Law
Why are contemporary laws and techniques that state authorities use to crack down on political dissent so similar across countries? This Article argues that at least part of the answer may be found by turning to colonial history. The Article has two Parts. In the first Part, the Article explores the manner in which, over the course of the nineteenth century, the British deployed various different legal and institutional approaches in response to an Irish polity that consistently refused to submit to British authority. In the second Part, the Article examines the manner in which the approaches developed in Ireland …
What Does The Cisg Have To Say About Smart Contracts? A Legal Analysis, Anna Duke
What Does The Cisg Have To Say About Smart Contracts? A Legal Analysis, Anna Duke
Chicago Journal of International Law
Smart contracts—contracts written into lines of code that automatically execute all or parts of an agreement—are a relatively new technology, which has raised many questions regarding their validity and formation. This Comment looks at smart contracts under the lens of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and analyzes what its provisions have to say on the validity and formation of a contract. This analysis is written from the internationalist perspective, which favors applying the CISG to issues it addresses even in cases where domestic law might apply. Moreover, this Comment argues that a …
Closing The Liability Loophole: The Liability Convention And The Future Of Conflict In Space, Trevor Kehrer
Closing The Liability Loophole: The Liability Convention And The Future Of Conflict In Space, Trevor Kehrer
Chicago Journal of International Law
The 21st century has borne witness to an explosion of human activity of all kinds in space; but the rules that govern that activity have failed to keep pace. The extant international liability regime for damage on Earth caused by space objects has a blind spot that the original framers could not have anticipated: an object launched into space by one nation may now come under the control of another nation—or even a private actor—through cyberwarfare. Moreover, the liability regime has another problem: if an incident involving an object in space results in harm on Earth, the Liability Convention does …
Problems Of Proof For The Ban On Female Athletes With Endogenously High Testosterone Levels, Silver Lin
Problems Of Proof For The Ban On Female Athletes With Endogenously High Testosterone Levels, Silver Lin
Chicago Journal of International Law
At the time of this writing, a new International Association of Athletics Federations regulation preventing women with naturally high testosterone from competing in certain international athletics events has reignited the controversy over the male-female distinction in sports and its implications on individuals’ right to compete. A recent case filed by runner Caster Semenya and Athletics South Africa challenging this regulation before the Court of Arbitration for Sport, an arbitral tribunal that adjudicates disputes in international sports, sought to have the regulation overturned as discriminatory against women with a genetic intersex condition. Drawing on established international arbitration law, international norms in …
Enforcement Through The Network: The Network Enforcement Act And Article 10 Of The European Convention On Human Rights, Imara Mcmillan
Enforcement Through The Network: The Network Enforcement Act And Article 10 Of The European Convention On Human Rights, Imara Mcmillan
Chicago Journal of International Law
This Comment explores the conflict between state-described freedom of expression and the autonomy of social media companies to regulate content on their platforms through the lens of the Network Enforcement Act, passed by Germany in 2017, and the freedom of expression clause of the European Convention on Human Rights. The Network Enforcement Act, which compels social media companies to monitor and remove content from their sites which violate certain other provisions of German law, has thrust the issues of intermediary autonomy and censorship-byproxy into the spotlight. Proponents of the law support it as a way to ensure that what is …
Waste Not Want Not: Chinese Recyclable Waste Restrictions, Their Global Impact, And Potential U.S. Responses, Colin Parts
Waste Not Want Not: Chinese Recyclable Waste Restrictions, Their Global Impact, And Potential U.S. Responses, Colin Parts
Chicago Journal of International Law
Since 2013 China has introduced increasingly stringent restrictions on imports of recyclables, and those restrictions have severely limited the amount of recyclables allowed into the country. Because China plays such a large role in handling global recycling flows—including waste from the U.S.—these restrictions are likely to have enormous impacts on trade in recyclables over the long term. The restrictions are potentially vulnerable to challenge within the World Trade Organization (WTO), but challenging the restrictions could create many negative impacts and be seen as an action akin to U.S. imperialism by denying China a right to a healthy environment. The domestic …