Law Commons^™

Contents

Washington International Law Journal

No abstract provided.

Foreword, Jacob Walker

Washington International Law Journal

No abstract provided.

Dangers Of Protectionism In Free Trade, Jacob Walker

Washington International Law Journal

The recent establishment of large mega-free trade agreements has led to the potential for the rapid economic development of nations through the inclusion of provisions that lower tariff rates on goods crossing borders. Some countries, such as India, have shied away from these agreements in favor of protectionist strategies, which has led to inconsistencies in treaty negotiations and economic decline. India used protectionist strategies as part of its domestic plan, which has led it to withdraw from free trade agreements and weakened its regional partnerships. This comment examines the Foreign Direct Investment flowing into India before and after its withdrawal …

Inclusion Of Visually Impaired And Deaf Students In Kenya: A Call For Action, Edwin O. Abuya, Jane W. Githinji

Washington International Law Journal

Drawing on field data, this Article reviews the experiences of visually impaired and deaf students (VIDS) in select universities in Kenya. The paper argues that, unlike able bodied students, these learners face discrimination in these institutions. The Article focuses on three spaces where VIDS are excluded: the admission process, the learning, and the examination environments. To counter the unfair treatment, the paper proposes three solutions that VIDS and stakeholders should consider. These are consistent with legal requirements on access to education by VIDS. Firstly, course instructors should be robustly engaged with. Further, universities should provide adequate and timely information should …

The Mutual Legal Assistance Regime In Afghanistan: Assessing Compliance With International Law And Exposing Loopholes (2001-2021), Abdul M. Hazim

Washington International Law Journal

To constrain transnational crime effectively and strengthen mutual legal assistance mechanisms among member states, the United Nations adopted four Suppression Conventions: the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, the 1999 UN International Convention for the Suppression of the Financing of Terrorism, the 2003 UN Convention against Transnational Organized Crime, and the 2005 UN Convention against Corruption. Ratified globally, these conventions contain many similar or identical mutual legal assistance obligations and non-mandatory measures with which state parties either must or should comply. Afghanistan is a state party to all four UN Suppression Conventions.

This article …

Hong Kong, China, And The Disruption Of Antitrust, Emanuela Lecchi

Washington International Law Journal

Under the “One Country, Two Systems” rule, Hong Kong and China maintain different legal systems. This dichotomy also applies in the antitrust context. China adopted its Anti-Monopoly Law in 2007, while Hong Kong waited until 2012 to introduce its Competition Ordinance (and another three years to fully implement it). This article compares the antitrust laws of these two jurisdictions and their enforcement in light of a turning point: the disruption caused by Big Tech. Interestingly, while the competition laws of Hong Kong and China are substantively similar to each other and to legal precedent in other jurisdictions, Hong Kong has …

The Right To Remain, Timothy E. Lynch

Washington International Law Journal

Article 12.4 of the International Covenant on Civil and Political Rights (ICCPR) states, “No one shall be arbitrarily deprived of the right to enter his own country.” Citizens clearly enjoy Article 12.4 rights, but this article demonstrates that this right reaches beyond the citizenry. Using customary methods of treaty interpretation, including reference to the ICCPR’s preparatory works and the jurisprudence of the Human Rights Committee, this article demonstrates that Article 12.4 also forbids States from deporting long-term resident noncitizens—both documented and undocumented—except under the rarest circumstances. As a result, the ICCPR right to remain in one’s own country is a …

Well-Known Signs: Models Of Disability In Early Modern Islamic Law And Current American, European, And Pakistani Jurisprudence, Elicia Shotland

Washington International Law Journal

Current American, European, and Pakistani legal structures are often insufficient to ensure rights of disabled people, particularly rights of equal access to courts and to act as a witness in court. As the disability rights movement gains ground, judges and legislation drafters are struggling to shift modes of jurisprudence from a medical model that conceptualized disability as a permanent physical affliction to the social model, which locates disability in an individual’s relation to their built and social environments. A review of historical records concerning deaf and hard of hearing participants in legal processes from the Ottoman Empire shows that the …

Treaty Law To Signal To Outsiders: The Case Of The Treaty On The Prohibition Of Nuclear Weapons, Tobias Vestner

Washington International Law Journal

The Treaty on the Prohibition of Nuclear Weapons (TPNW) comprehensively and unequivocally prohibits nuclear weapons. The treaty was created to foster and diffuse norms against nuclear weapons, thereby stigmatizing and delegitimizing nuclear weapons and deterrence. The TPNW’s nature as formal treaty under international law suggests, however, that the TPNW primarily serves signaling to states which have not adhered to the treaty, in particular nuclear weapon states. This article develops how treaty law enables signaling to outsiders. Treaty law notably offers visibility, screens between “insiders” and “outsiders,” communicates substance, and provides credibility to the signal. In line with treaty law’s finality …