Law Commons^™

On Blockchain As A Tool Against Corporate Corruption, Yannis Normand

Northwestern Journal of International Law & Business

Over the last decades domestic and international legal frameworks have successfully coalesced to limit corrupt behavior worldwide. However, despite their success, current regulatory tools are not sufficiently well-equipped to address corruption in modern economic settings. These mechanisms can often be too costly to implement, too cumbersome to induce compliance, politically manipulatable, and may disincentivize foreign investment and internal corporate monitoring efforts. To address such drawbacks, policymakers should consider the introduction of blockchain-based tools in developing future anti-corruption efforts.

Blockchain can serve as a foundation for structures that can make it more attractive, easier and cost-efficient to monitor economic transactions, to …

The War On Trade: Applying The Wto Security Exceptions To Economic Security Measures, Ian Allen

Northwestern Journal of International Law & Business

This article examines the efficacy of the WTO treaties’ security exception provisions in curbing abusive appeals to national security to justify otherwise impermissible trade measures. It specifically explores whether GATT Article XXI and its sister provisions establish objectively discernible prerequisite conditions for their invocation, how far Member discretion extends in defining “essential security interests,” and whether the WTO dispute system offers sufficiently objective legal standards to prevent abuse of the security exceptions.

Building on existing scholarship, this article employs a comprehensive interpretive analysis of all available means under the Vienna Convention on the Law of Treaties (VCLT) and integrates not …

The Clash Of Security And Commerce: Analyzing The Impact Of U.S. Foreign Trade And Investment Regulations Through The Lens Of The Tiktok Controversy, Xuemao Zhang

Northwestern Journal of International Law & Business

This Article examines the evolving tension between national security and economic globalization in U.S. foreign trade and investment regulation. Using the TikTok controversy as a focal point, it argues that American trade regulation has undergone a decisive transformation—from promoting international integration to prioritizing the protection of strategic technologies, data, and supply chains against perceived adversaries, particularly China. The analysis traces this shift from early tariff legislation, through the liberalizing trade era of the mid-twentieth century, to recent measures such as the Foreign Investment Risk Review Modernization Act of 2018 and President Biden’s executive orders on inbound and outbound investment. The …

Due Diligence Obligations Over State Economic Entities In International Investment Law, Kevin Clement

Northwestern Journal of International Law & Business

The growing importance and sophistication of State capitalism and associated implementation of governmental policies through State economic entities, such as State-owned banks, State-owned enterprises, monopolies, and other entities close to the government, has given rise to a perception that existing international law rules are inadequate to effectively accommodate the activities of such entities. Sole reliance on customary international law principles of attribution has proven particularly problematic where governments maintain links with their economic entities that create a risk of the latter being used as conduits for governmental action. Such links may exist in a variety of forms beyond mere ownership, …

Forum Shifting To Regulate Data Privacy: The Creation And Evolution Of Eu Data Protection Law, Raymond Yang Gao

Northwestern Journal of International Law & Business

Currently, the European data protection regime has become one of the most influential legal frameworks regulating data privacy protection and cross-border personal data transfers. Despite a burgeoning body of scholarship on EU data protection law, the questions of why and how the EU adopted this regulatory approach remain understudied. Contrary to conventional wisdom, European data protection regulation is neither preordained by Europe’s historical or cultural legacies, nor simply a result imposed by powerful EU member states out of national economic interests. Instead, this work argues that this legal regime is the result of contentious lawmaking processes aimed at addressing regulatory …

Eye-For-An-Eye: High Compensation Awards Against States As Undue Punishment, David M. Bigge, Jonathan M. White

American University International Law Review

In observing the past several years’ debates regarding reparations under international law, we are reminded of lessons we learned as children in Sunday School. The Jewish and Christian sacred texts address the principle of retributive justice reflected in the Biblical phrase “an eye for an eye, a tooth for a tooth.” During the early rabbinic period, the great sages grappled with the import of this rule. Jesus famously rejected the rule in favor of mercy: “turn the other cheek.” The rabbis were not as interested in rejecting this rule in its entirety as ensuring that it yielded justice.

El Derecho A La Privacidad Del Pensamiento: Neurotechnología En El Sistema Interamericano De Derechos Humanos, Javier Alejandro Diaz Briceno

American University International Law Review

La historia de la tecnofobia y el ludismo nos enseña que superar el miedo a lo nuevo implica reflexionar sobre cómo enfrentamos las innovaciones pasadas. Mirando hacia atrás, podemos identificar que invenciones o descubrimientos—ahora esenciales—enfrentaron resistencia inicial antes de ser aceptadas de forma general. Por mencionar algunas: los teléfonos, la electricidad, las vacunas, los elevadores, aviones, automóviles, las computadoras y más.

Cyberbullying As A Contemporary Human Rights Violation Of Youth In Digital Media: A Study Of India, Brazil, And South Africa, Laura Ferla Tuma

American University International Law Review

The COVID-19 pandemic facilitated a technological migration not only among adults but also among children and adolescents. Digital media became the alternative for young individuals to maintain their activities, especially school-related ones. They shared virtual classrooms, used the internet for entertainment, and were forced to socialize exclusively in digital environments for months. Connected time increased, and the world witnessed a new phenomenon: hyperconnectivity.

Is It Possible To Draft A Universal Criminal Code?, Paul H. Robinson

American University International Law Review

The world contains hundreds of distinct communities with their own traditions and values. One might assume that, despite the best efforts of international organizations, it would be impossible to draft a criminal code that could operate effectively for all countries. Is that the case? If one tried to construct a universal criminal code, what sorts of challenges and limitations with the effort face?

Discussant Commentary On The Twenty-Seventh Annual Grotius Lecture, Jamil Dakwar

American University International Law Review

27^th Annual Grotius Lecture on International Law: April 2025

Martinique’S Octroi De Mer: Ancient Dock Dues Threaten The Integrity Of The European Union’S (Eu) Internal Market And Contribute To The Cost Of Living Crisis., Johanna Leffler

American University International Law Review

In 1670, France implemented a tax on all imports known as the octroi de mer in Martinique, a Caribbean island in the Lesser Antilles of the West Indies. The octroi de mer outlived France’s colonial rule over Martinique, and today, it is imposed on both imported and locally produced products. This Comment argues that the octroi de mer system undermines the integrity and coherence of the European Union’s (EU) legal order, violating Article 349 of the Treaty on the Functioning of the European Union (TFEU or Treaty) because its very nature is contrary to the fundamental principles of the EU …

Blood Cobalt: Unmasking And Charging Corporations For Involvement In International Law Violations In The Democratic Republic Of Congo, Bolu Jegede

American University International Law Review

Joint Criminal Enterprise (JCE) is a legal doctrine developed by the International Criminal Tribunal for the Former Yugoslavia (ICTY) to hold participants in a criminal enterprise equally liable for all results of the group’s criminal actions, even if the individuals were not directly involved in committing the crimes. While traditionally used to prosecute individual criminal actions, JCE provides a legal pathway to hold corporations criminally liable for their actions that further international law violations. Although corporations currently do not have specific, listed responsibilities under international law, they are required to respect human rights and ensure their activities do not perpetrate …

The Blue Economy Comes To Green Creek, Ursula Ramsey

South Carolina Journal of International Law and Business

Oceans, touted as the “next great economic frontier,” are projected to contribute three trillion dollars to the global economy. Beyond their economic potential, oceans provide a host of environmental benefits: oceans supply over half of the planet’s oxygen and contain nearly all of the Earth’s water and biosphere. Especially because the high seas represent one of the few remaining global commons, oceans present a governance challenge. Meeting this challenge is the concept of the blue economy, a form of governance that combines environmental stewardship, economic development, and social equity. This article, in discussing Mulvihill v. South Carolina Department of Health …

The Effect Of Constructive Ambiguity On Differentiation In The Climate Change Regime: Mitigation And Climate Justice, Enam Korkor Antonio

Loyola University Chicago International Law Review

In the high-stakes world of international climate negotiations, words can be both sword and shield. This article exposes how "constructive ambiguity" worked as a double-edged sword in shaping the discourse on differentiated responsibilities for climate change mitigation. This linguistic diplomatic maneuver may have temporarily bridged seemingly insurmountable divides. However, it has also undermined global climate justice. This article traces the evolution of differentiation in the climate change regime, revealing three distinct interpretations that emerge from the mist of constructive ambiguity. This article's central point is that the success of international climate action hinges on a bold recalibration: embracing each stage …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Where Air Meets Space: Legal Implications For The Provision And Use Of In-Flight Internet Connectivity By Satellite, Steven Truxal, Dimitra Stefoudi

Loyola University Chicago International Law Review

In view of the increasing scale and broadening scope of the provision and use of in-flight internet connectivity by satellite, this article identifies relevant legal implications for States, satellite operators and airlines. With reference to international air law and international space law, as well as telecommunication law, this article discusses the extent to which existing law can alleviate legal concerns.

The article begins with an introduction that discusses the intersection of air and space, locating the provision and use of in-flight connectivity by satellite. A lack of political and legal consensus on where precisely to delineate outer space is explained …

Non-State Armed Conflicts Or Criminal Activities? Haitian Gangs In The International Humanitarian Law Framework, Grace Paulson

Loyola University Chicago International Law Review

Over the years, numerous attempts have been made to establish stability in Haiti, including efforts by President Jovenel Moïse, yet none have succeeded. The power vacuum left by the assassination of President Jovenel Moïse in 2021 further fueled the recent widespread outbreak of gang violence. In the absence of both a trusted, elected president and a functional government, gangs have taken it upon themselves to fill this power void—particularly the gang known as G9. The leader of the G9 gang has used the assassination of Moïse as fuel to encourage his followers to engage in “legitimate violence” against the corrupt …

The Human Right To A Healthy Environment: Corporate Responsibility In Critical Mineral Extraction, Erika George

Loyola University Chicago International Law Review

This paper argues that the emerging human right to a clean, healthy, and sustainable environment should guide the governance of critical minerals by incorporating the corporate responsibility to respect human rights throughout supply chains to ensure a racially just energy transition. It frames the climate crisis within the history and political economy of racial capitalism, contending that without rights-based guardrails, mineral supply chains risk reproducing the extractive harms and racialized disparities of the fossil fuel era, including labor abuses, displacement, water depletion, and violence disproportionately borne by racialized and Indigenous communities. Methodologically, the paper combines doctrinal analysis of international norms …

A Route To Self-Determination: Empowering The West Papuan Region Through Targeted Special Autonomy Law Reforms And Iccpr/Icescr Integration, Maanasa Pamganamamula

Loyola University Chicago International Law Review

This Comment examines Indonesia’s governance over West Papua, analyzing how the 2001 Special Autonomy Law and its 2021 amendments have undermined Papuans’ right to self-determination. Although the 2001 law aimed to enhance regional autonomy and protect Indigenous rights, it has largely failed, fueling protests, human rights violations, and militarization. These ongoing issues trace back to the 1962 United States brokered “New York Agreement,” which transferred administrative control to Indonesia following Dutch withdrawal. By excluding Papuans from key decisions, such as the “Act of Free Choice,” Indonesia entrenched systemic abuses that continue to shape the region’s political landscape.

Building on this …

‘Cruel And Unusual’ In 1689, 1791, And 1868: Shifts In Incorporation, Gregory Velloze

UC Law Constitutional Quarterly

Recently, the Supreme Court has acknowledged the scholarly debate over whether to apply the historical understanding of the Bill of Rights as ratified in 1791 or as incorporated through the Fourteenth Amendment in 1868. This acknowledgment raises two important issues with regards to the Cruel and Unusual Punishments Clause. First, the Cruel and Unusual Punishments Clause was copied from the English Bill of Rights in 1689, generating a third, additional time period relevant to its historical understanding. Second, the more textualist framework of the Cruel and Unusual Punishments Clause allows for more relatively bounded language and interpretation, which could remain …

Editor-In-Chief’S Foreword, Megan Stupi

UC Law Constitutional Quarterly

No abstract provided.

Creating A System To Deal With The Systemic Risk In Private Credit, Kyle O’Malley

The University of Chicago Business Law Review

Private credit, a financing method where non-bank lenders provide loans to predominantly middle-market businesses, has experienced exponential growth since the 2008 financial crisis, with its offerings, client base, and collaborations with other market participants expanding significantly. Recent trends highlight regulatory acceptance of this growth and increased interconnectedness between private credit and the broader financial industry, as private credit firms form numerous new partnerships with traditional lenders and deposit-taking institutions. These developments have raised concerns about systemic risk, the potential for financial instability in private credit to spread to the broader financial system, and how to deal with increased exposure to …

Premium Justice: An Egalitarian Defense Of Risk-Based Insurance Pricing, Travis Luis Pantin

The University of Chicago Business Law Review

Should insurance companies be allowed to charge different prices based on a policyholder’s likelihood of making claims? This Article challenges the common view that “risk-based pricing” in insurance presents a tradeoff between the twin goals of efficiency and fairness. It argues that the most compelling justification for charging policyholders prices that reflect their individual risk is grounded not in efficiency, but in egalitarian distributive justice. The Article begins by shifting the focus of distributive analysis from the burdens of insurance (i.e., premium costs) to the benefits of insurance, measured as the consumer surplus each participant gains from coverage. It then …

Are Banks Obsolete?, Jonathan R. Macey

The University of Chicago Business Law Review

Banks, which are businesses that simultaneously make loans and take deposits that are available to customers on demand, are inherently unstable. The instability exists because the mismatch in the (long-term) maturity of banks’ assets and the (short-term) maturity of their liabilities makes them susceptible to runs and panics that destabilize the broader economy and require bailouts on a regular basis. As such, banks essentially hold society hostage. They must be continuously propped up by the government to prevent them from collapsing and bringing the rest of the economy down with them.

There is a strong need for the transaction-account services …

Let’S Nms With Texas: The Implications Of The Texas Stock Exchange For Self-Regulation, Onnig H. Dombalagian

The University of Chicago Business Law Review

The Texas Stock Exchange’s registration as a new national securities exchange is arguably the most formidable challenge to the NYSE and Nasdaq duopoly in recent memory. TXSE has raised expectations not only among those who champion the rise of Texas as a financial center and resist the imposition of progressive norms through securities law, but also among scholars who favor competition as a solution to structural problems in the national market system (NMS) for equity trading. This Article explores the extent to which a new exchange can manage these expectations. It further considers what it means to be a “fully …

Technologically Competent Reprised: Ethical Practice In An Ai Age And Considerations For Our Courts In A Burgeoning Ai Era, Heidi L. Frostestad

College of Law Faculty Publications

The recent explosion of artificial intelligence and generative AI undeniably impacts our federal and state courts. Currently, ABA Model Rule 1.1 and its Comment include a broad requirement of technological competence for an ethical practice. This Article will identify the technical competence obligations embodied in Model Rule 1.1 and examine the implications of AI for technological competence standards. After reviewing the timeline of cases that invoke AI hallucinations and other issues and current scholarly literature, this Article will propose a more specific ethical standard for baseline knowledge of various AI technologies according to current practice and use of ever-expanding technologies …

Enhancing Library Collections Through Open Education, Matthew L. Timko

College of Law Faculty Publications

The changes to ABA Accreditation Standards for Law Libraries recognize the trend of increasingly digital legal information used by law schools. Interpretation 604-1 reads: “The appropriate mixture of collection formats depends on the needs of the law library and the law school; it need not entail a mixture that includes physical books.” This interpretation will significantly impact how physical spaces are used, but it also provides several opportunities to rethink digital resources, and the audiences served by the law library.

Part of the collection that varies greatly among law libraries is the casebook/course materials collection. Such materials are often cost-prohibitive …

Unraveling The Ties That Bind: How Dobbs And Loper Bright Might Reconfigure American Party Politics, Gregory A. Elinson

College of Law Faculty Publications

What happens to partisan politics when long-standing doctrinal equilibria are upended? In search of answers, this essay engages in an extended comparison of two recent landmark Supreme Court rulings: Dobbs v. Jackson Women’s Health Organization, which overruled Roe v. Wade, and Loper Bright Enterprises v. Raimondo, which overruled Chevron USA v. Natural Resources Defense Council.

It begins with the observation that opposition to abortion and judicial deference on the right, and support for abortion and judicial deference on the left, helped unite the major party coalitions, forging durable alliances among elected officials, organized interests, donors, activists, …

The Excessive Fines Clause In The Federal Courts: A Quarter-Century Of Narrowing, Michael M. O'Hear

Faculty Publications

The Eighth Amendment prohibits “excessive fines,” but what exactly does “excessive” mean? The question has taken on some urgency in recent years as American legislatures have sharply increased the economic penalties associated with criminal convictions. In 1998, in United States v. Bajakajian, the Supreme Court for the first time established a test of sorts to determine whether an economic penalty is “excessive” in violation of the Eighth Amendment. The test was not without its ambiguities but offered some potentially robust protection against the rising tide of fines, fees, forfeiture, and restitution. However, the promise of Bajakajian has been undermined …

Beyond Agency Authority: Regulating Sulfur Hexafluoride Under An Enhanced Title Ii Framework Of The Clean Air Act, Matthew Gawley

Fordham Environmental Law Review

This paper explores the critical need for robust Congressional action to regulate sulfur hexafluoride (SF6), a greenhouse gas with a global warming potential more than 20,000 times greater than carbon dioxide. Recent Supreme Court decisions––in West Virginia v. EPA and Loper Bright Enterprises v. Raimondo––to restrict EPA authority and end the Chevron doctrine have curtailed federal environmental agencies’ regulatory authority, shifting the responsibility for addressing major environmental challenges back to Congress. Despite being addressed under Title I of the Clean Air Act (CAA) through the 2022 Inflation Reduction Act (IRA), current SF6 regulations prove grossly inadequate. The utilities industry––the largest …