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Full-Text Articles in Law
Table Of Contents, Loyola University Chicago International Law Review
Table Of Contents, Loyola University Chicago International Law Review
Loyola University Chicago International Law Review
No abstract provided.
Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto
Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto
Loyola University Chicago International Law Review
This article argues that the discipline and profession of international economic law has undergone a significant architectural change to focus on human rights law as both the premise and promise of the international economic system. Contrary to prevailing currents that focus on the irrelevance of the global economic system to realize human rights, this article argues that international economic law tools have already been converging within the last decade to authentically realize the Right to Development of individuals, groups, and populations. The Draft Convention on the Right to Development defines the right as the enjoyment, participation, and contribution of individuals, …
Persecution And Labor Migrations Due To Corporate “Environmental” Exploitation: Waiting For The Unhrc’S Binding Treaty On Transnational Business Activities?, Riccardo Vecellio Segate
Persecution And Labor Migrations Due To Corporate “Environmental” Exploitation: Waiting For The Unhrc’S Binding Treaty On Transnational Business Activities?, Riccardo Vecellio Segate
Loyola University Chicago International Law Review
Policy debates on the rights and international status of climate refugees, environmental migrants, or environmentally displaced persons have unleashed detailed scholarly commentaries over the last decade, and virtually all standpoints have been scrutinized in literature already. Nevertheless, one aspect of this debate has gone somewhat off the radar in recent years: the (co-)responsibilities of incorporated subsidiaries of transnational corporations in triggering or exacerbating pseudo-environmentally motivated mass-movements of workers and related strata of the populations domiciled where these corporations operate. Despite such neglect, mentioned exploitative occurrences only increased in recent years, and the trend speaks for their further expansion …
Boundary Blurring In International Law: Globalization, Climate Change, And Cooperation In The Indus Basin, Michael John Cornell
Boundary Blurring In International Law: Globalization, Climate Change, And Cooperation In The Indus Basin, Michael John Cornell
Loyola University Chicago International Law Review
This comment proposes that, to achieve better water cooperation in the Indus Basin, lawyers involved in hydropower development projects should factor into socio-legal research and policy-making as potentially transformative stakeholders. With climate change driving the steady reduction of shared glacially-sourced river waters in India, China, and Pakistan, the need for regional water cooperation has never been higher. The comment first considers the origins and mechanisms of the 1960 Indus Waters Treaty, signed between India and Pakistan, followed by the impact of the related 2013 Kishenganga Arbitration. Next, in light of the three countries' competing economic, political, and security interests, the …
The Indigenous Alternative: Tek, Lel, And Solutions For The Unsolvable, Cara Victoria Sawyer
The Indigenous Alternative: Tek, Lel, And Solutions For The Unsolvable, Cara Victoria Sawyer
Loyola University Chicago International Law Review
This comment addresses the intentional exclusion of Indigenous nations from the United Nations and, consequently, from the UNFCCC and subsequent climate regime. It cautions of the adverse consequences that have resulted from such exclusion, both to the warming planet and to all its human residents. Critics say that the climate regime has fallen woefully short of reaching its goals. However, this comment suggests that including Indigenous nations in substantial international climate change conversations and decisions could result in yet-to-be-made progress toward reducing global warming. The permanent position status that the Inuit people hold on the Arctic Council, for example, helped …
Table Of Contents
Loyola University Chicago International Law Review
No abstract provided.
Israel's Nation-State Law And The Resulting Violations Of The Convention On The Rights Of The Child, Darlene M. Burker
Israel's Nation-State Law And The Resulting Violations Of The Convention On The Rights Of The Child, Darlene M. Burker
Loyola University Chicago International Law Review
This article argues that through the institution of the Nation-State law by Israel's parliament, the Knesset, and Israel's Supreme Court subsequently finding the law to be constitutional, Israel has violated the United Nation's ("U.N.") Convention on the Rights of the Child ("Convention"). Specifically, the Nation State law violates seven articles of the Convention through two declarations: Is raeli settlements shall now be recognized as a national value, and the right of self-determination will be unique to the Jewish people, to the exclusion of Pales tinian people. The articles within the Convention that are most blatantly violated are Articles 8, 27, …
Table Of Contents, Loyola University Chicago International Law Review
Table Of Contents, Loyola University Chicago International Law Review
Loyola University Chicago International Law Review
No abstract provided.
Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards
Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards
Loyola University Chicago International Law Review
The spectrum of misogynistic violence between incels ("involuntary celibates"), non-State armed groups, and armed forces using extreme violence against women is based around the desire to restore "traditional" gender norms of male dominance, maintain systemic inequality between men and women, and often manifest in gender-based hate crimes before escalating into community violence and armed conflict. Governments and policy makers must dismantle structural inequalities and discrimination against women, as well as ensure effective criminal justice responses to gender-based hate crimes and all other forms of violence against women in order to address and prevent violence and armed conflict, as well as …
Linking Revisions To The Ap I Commentary To Gendered Effects Of Kinetic Operations, Jody M. Prescott
Linking Revisions To The Ap I Commentary To Gendered Effects Of Kinetic Operations, Jody M. Prescott
Loyola University Chicago International Law Review
In 2000, UNSCR 1325 on Women, Peace, and Security called on the international community to fully implement international humanitarian law ("THL") that protects the rights of women and girls during armed conflict. Since then, work in this area has largely avoided the parts of IHL that deal with the application of armed force. The International Committee of the Red Cross ("ICRC") is now well along in the process of updating its influential commentaries on the 1949 Geneva Conventions and the 1977 Additional Protocols. To fully implement UNSCR 1325 vis-a-vis IHL, the ICRC should use this opportunity to revise the Commentary …
Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski
Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski
Loyola University Chicago International Law Review
Discourse surrounding conflict and terrorism is often confined by gendered binaries which conflate masculinity with violence and femininity with peace and passivity. The social adoption of these archetypes has encouraged policy makers and security officials to paint men as combatants or orchestrators of extremism, while women are thought of as mere collaterals to war. However, the number of women involved in extremist groups is rising both domestically and abroad. As the essentialization of femininity becomes increasingly dangerous, the exigency to reimagine national security initiatives grows. This comment argues that the United States has reached a critical juncture in its counterterrorism …
Settler Colonialism And Assimilative Education: Comparing Federal Reconciliation Efforts For Indigenous Residential And Boarding Schools In Canada And The United States, Holly Jacobs
Loyola University Chicago International Law Review
This article compares the historical development, purpose and legacy, and subsequent reconciliation and reparations efforts of Indigenous residential and boarding schools in the United States and Canada. In both nations, these schools comprised but one piece of a carefully crafted network of federal policies aimed at the removal, assimilation, and cultural genocide of Indigenous peoples, and as a result, had destructive and lasting effects on those they oppressed. By taking a comparative approach and examining the laws and policies surrounding boarding schools in light of settler colonialism, this article hopes to illuminate the efficacy of reconciliation efforts of each nation. …
Victims Of Violence: The Cyclical Military Takeover Of The Myanmar Government, Kajal Patel
Victims Of Violence: The Cyclical Military Takeover Of The Myanmar Government, Kajal Patel
Loyola University Chicago International Law Review
Myanmar has a long history of military coup d'6tat. In February of 2021, the Myanmar military took over the government. The military's existing presence in everyday government and Myanmar's 2008 Constitution provides the military the ability to do so. Since the government takeover, violence against citizens has escalated and is legally justified. Additionally, Myanmar has a long history of violence against Rohingya Muslims. Therefore, the recent takeover made this ethnic minority group more susceptible to being ongoing victims of violence. This comment argues that China could end the 2021 military takeover and has incentive to do so. Furthermore, this comment …
Monasky V. Taglieri: The Supreme Court’S Interpretation Of Habitual Residency And Its Impact On International Child Abduction, Abigail Leann Heeter
Monasky V. Taglieri: The Supreme Court’S Interpretation Of Habitual Residency And Its Impact On International Child Abduction, Abigail Leann Heeter
Loyola University Chicago International Law Review
The most common form of kidnapping is when a child is taken by a parent from a co-parent. When the kidnapping parent is native to another country, navigating the international family courts can be more than challenging. Because of this, the Hague Convention on the Civil Aspects of International Child Abduction created an order that all signatory countries must return an abducted child to their location of habitual residency. However, the Hague Convention declined to define what habitual residency meant, leaving it up to the determination of the Courts. Recently, the U.S. Supreme Court confronted this issue in the landmark …
Germany Takes Action On Corporate Due Diligence In Supply Chains: What The United States Can Learn From International Supply Chain Regulations, Kellie R. Tomin
Germany Takes Action On Corporate Due Diligence In Supply Chains: What The United States Can Learn From International Supply Chain Regulations, Kellie R. Tomin
Loyola University Chicago International Law Review
This comment addresses the United States' failure to pass comprehensive federal supply chain due diligence legislation. The United States presents itself as a global leader, but its failure to pass comprehensive supply chain due diligence legislation creates a gap in human rights due diligence that can lead to corporate human rights abuses. Although the United States has passed several human rights due diligence laws, a comprehensive federal law would be more effective at preventing corporate human rights abuses in the supply chains of business organizations that operate in the United States. This comment argues that American lawmakers should look to …
The Temporality Of Law In Traditional China And Its Contemporary Implications, Tao Wang
The Temporality Of Law In Traditional China And Its Contemporary Implications, Tao Wang
Loyola University Chicago International Law Review
Temporality of law is of great significance in traditional Chinese juridicopolitical thought, and its influence plays a crucial role in China's state building and governance. The existing temporal phrases from the West are not sufficient for explaining the symbol-oriented legal system in traditional China. Formalist law overlooks the temporal elements intrinsic to the legal system and results in the failure of governance. This Article applies a historical culture paradigm to analyze the temporality of law in traditional China by using plurality, sociality, and rhetoric as indicators to demonstrate the contestation of temporal categories in penality, socialization of seasonal time, and …