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Articles 1 - 30 of 223
Full-Text Articles in Comparative and Foreign Law
Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra
Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra
Cardozo International & Comparative Law Review
The article argues that Benjamin Ferencz was a foundational figure in the field of transitional justice, extending beyond his recognized contributions to international criminal justice. His work laid the groundwork for the four pillars of transitional justice: truth, accountability, reparation/restitution, and memorialization. Ferencz’s efforts in investigating war crimes, prosecuting perpetrators, advocating for victim-centered justice, and preserving historical records demonstrate his pivotal role in shaping modern transitional justice frameworks.
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3
Cardozo International & Comparative Law Review
No abstract provided.
Benjamin Ferencz In The Cold War, Noah Weisbord
Benjamin Ferencz In The Cold War, Noah Weisbord
Cardozo International & Comparative Law Review
The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan
Cardozo International & Comparative Law Review
The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin
Cardozo International & Comparative Law Review
The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.
Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko
Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko
Cardozo International & Comparative Law Review
The article examines the tension between head of state immunity and the pursuit of justice in international criminal law. It argues that while some nations and regional bodies, like the African Union, assert immunity for heads of state, international institutions such as the International Criminal Court (ICC) reject this principle, emphasizing the rule of law and accountability. The ICC's jurisdiction, particularly through UN Security Council referrals, overrides state consent, challenging traditional notions of immunity. The article posits that states must adhere to their treaty obligations, such as the Rome Statute, and cannot unilaterally opt out for political expediency, reinforcing the …
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon
Cardozo International & Comparative Law Review
The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.
From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman
From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman
Cardozo International & Comparative Law Review
The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.
Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug
Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug
Cardozo International & Comparative Law Review
The note examines the ongoing conflict over Western Sahara, focusing on Morocco's claims of sovereignty and the international legal framework upholding the Sahrawi people's right to self-determination. It critiques Morocco's historical arguments and advocates for increased U.N. intervention to prevent escalation, while also suggesting political compromises, such as Morocco's autonomy plan, to resolve the dispute.
Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale
Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale
Cardozo International & Comparative Law Review
The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 2
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 2
Cardozo International & Comparative Law Review
No abstract provided.
Litigating The Gaza Crisis: Legal And Political Strategies In South Africa V. Israel, Michael Ramsden
Litigating The Gaza Crisis: Legal And Political Strategies In South Africa V. Israel, Michael Ramsden
Cardozo International & Comparative Law Review
The article examines the strategic use of the International Court of Justice (ICJ) in the case of South Africa v. Israel, highlighting how states leverage the ICJ to influence international relations beyond legal compliance. It evaluates the efficacy of the ICJ's provisional measures in addressing the conflict in Gaza, emphasizing the intersection of legal strategy with political and humanitarian objectives.
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 1
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 1
Cardozo International & Comparative Law Review
No abstract provided.
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 9, Iss. 1
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 9, Iss. 1
Cardozo International & Comparative Law Review
No abstract provided.
Masthead - Cardozo International & Comparative Law Review, Vol. 8 (2025)
Masthead - Cardozo International & Comparative Law Review, Vol. 8 (2025)
Cardozo International & Comparative Law Review
No abstract provided.
Anticolonial Rights Advocacy, Christopher M. Roberts, Michelle M. Ong
Anticolonial Rights Advocacy, Christopher M. Roberts, Michelle M. Ong
Cardozo International & Comparative Law Review
It is often asserted that human rights discourse and practice principally originated following the Second World War, or as late as the 1970s, and that human rights claims are inherently Western and liberal. None of these assertions are true. In fact, both rights-based critiques and rights claims were frequently articulated prior to the Second World War. They were articulated not only by Western liberals, but also by anticolonial advocates from every part of the world. This article explores anticolonial rights claims advanced between the end of the First World War and 1930. Rights claims were extensively made by numerous groups …
On Emerging Technologies: The Old Regime And The Proactivity, Ran Xi
On Emerging Technologies: The Old Regime And The Proactivity, Ran Xi
Cardozo International & Comparative Law Review
Nowadays, emerging technologies are revolutionizing nearly every facet of human life, shaping legal, cultural, political, and technological landscapes. Despite various breakthroughs, emerging technologies have also brought to society legal and regulatory challenges, such as the pacing problem, regulatory silos, and the black box issue. However, existing state-centric regulation on emerging technologies results in fragmented, inconsistent, and ineffective statutes and policies. The traditional regulatory regime, due to its reactive mindset, incremental approaches, and tools of modest efficacy, fails to mitigate associated risks and harms, sometimes even impeding technological innovation. To tackle this dilemma, this Article proposes a proactive law approach with …
Prosecutorial Independence Regained? Mixing The Continental And Anglo-American Styles In South Korea, Neil Chisholm
Prosecutorial Independence Regained? Mixing The Continental And Anglo-American Styles In South Korea, Neil Chisholm
Cardozo International & Comparative Law Review
The article examines the challenges of achieving prosecutorial independence in South Korea, highlighting the tension between Continental European and Anglo-American models. It explores the reforms aimed at addressing these challenges, including the creation of the Corruption Investigation Office for High-Ranking Officials (CIO) and the decentralization of investigative powers. While these reforms reflect an effort to balance bureaucratic and democratic accountability, concerns persist about politicization, hierarchical control, and the effectiveness of new institutions. The article argues that the success of these reforms depends on structural changes and the ability of new agencies to operate independently.
Masthead - Cardozo International & Comparative Law Review, Vol. 9 (2025-26)
Masthead - Cardozo International & Comparative Law Review, Vol. 9 (2025-26)
Cardozo International & Comparative Law Review
No abstract provided.
Measuring Location-Specific Rents, David Elkins
Measuring Location-Specific Rents, David Elkins
Cardozo International & Comparative Law Review
No abstract provided.
Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho
Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho
Cardozo International & Comparative Law Review
Insulation produced by the Danish company Rockwool or its Russian subsidiary lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels' operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia's 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights ("UNGPs'). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law ("IHL'). However, …
Information Governance In China: Data, Power, And The Law, Yuping Lin
Information Governance In China: Data, Power, And The Law, Yuping Lin
Cardozo International & Comparative Law Review
Information is central to governance. In China, the State controls information, such as GDP data, to guide policy and shape political narratives. Given the importance of information, relevant parties, such as central and local governments, tend to monopolize its production and dissemination. This monopoly leads to the prolferation of misinformation, which not only undermines the governance but also affects public trust in the State. To address this problem, the first step is to understand the logic behind misinformation generation, followed by identifyingpotential solutions. This article traces the history ofmisinformation production through the lens of the principal-agent tension between central and …
Book Review Of “Nuclear Weapons And International Law: Existential Risks Of Nuclear War And Deterrence Through A Legal Lens”, By Professor Charles J. Moxley Jr., John Kierulf
Cardozo International & Comparative Law Review
No abstract provided.
Recognition Policies, Self-Determination, And Access To Legal Redress For Indigenous Peoples In The United States, Australia, And Canada: A Comparative Study, Christian Zavardino
Recognition Policies, Self-Determination, And Access To Legal Redress For Indigenous Peoples In The United States, Australia, And Canada: A Comparative Study, Christian Zavardino
Cardozo International & Comparative Law Review
The note examines recognition policies and self-determination frameworks for Indigenous Peoples in the United States, Australia, and Canada, arguing that the U.S. federalist system of tribal recognition offers a potential model for addressing Indigenous rights in other countries, particularly Australia. It emphasizes the importance of international law, such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), in guiding domestic policies and promoting Indigenous sovereignty.
Scaling 'Reverse Cfius': A Comparative Review Of Outbound Foreign Investment, Hannah Pérez
Scaling 'Reverse Cfius': A Comparative Review Of Outbound Foreign Investment, Hannah Pérez
Cardozo International & Comparative Law Review
The note examines the evolution of U.S. regulations on outbound foreign investments, particularly under Executive Order 14105, known as "Reverse CFIUS," aimed at mitigating national security risks by restricting investments in critical industries in countries like China. It explores the legal, economic, and geopolitical implications of these regulations and compares them with similar measures in the EU, Japan, and Australia, emphasizing the need for international cooperation to effectively address these security concerns.
Artificial Intelligence And Its Exploitation By The Fashion Industry, Stephanie Solis-Kepes
Artificial Intelligence And Its Exploitation By The Fashion Industry, Stephanie Solis-Kepes
Cardozo International & Comparative Law Review
The note explores the transformative impact of artificial intelligence (AI) on the fashion industry, highlighting its potential to enhance efficiency, innovation, and customer experience. However, it underscores the critical legal and ethical challenges, including data privacy, intellectual property rights, supply chain transparency, and diversity issues, that must be addressed to ensure responsible and equitable adoption of AI technologies.
"Baby-Steps For Baby Business": Diverse Market, Challenges, And Workable International Regulation For Cross-Border Commercial Surrogacy, Ellene Ko
Cardozo International & Comparative Law Review
The note examines the rapid growth of transnational commercial surrogacy as a multibillion-dollar industry, driven by assisted reproductive technologies and fertility tourism. It highlights the legal conflicts and challenges arising from the patchwork of international surrogacy regulations, including issues of citizenship, exploitation, and enforcement of cross-border contracts. The analysis advocates for an international convention to establish a clear legal framework for transnational surrogacy, emphasizing the need for shared responsibility between global and national oversight bodies to prevent exploitation and ensure ethical practices.
"A Signature At Gunpoint" - Reframing Forced Sales And Sales Under Duress In Nazi-Looted Art Disputes, Ethan Ashley
"A Signature At Gunpoint" - Reframing Forced Sales And Sales Under Duress In Nazi-Looted Art Disputes, Ethan Ashley
Cardozo International & Comparative Law Review
The note advocates for recognizing forced sales of art during the Nazi era as sales under duress and proposes a legal presumption of duress to facilitate restitution for heirs. It suggests amending the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 to include this presumption, shifting the burden of proof to defendants to demonstrate that sales were voluntary. This change aims to address inconsistent court rulings and ensure fairer outcomes for claimants.
Reframing Puerto Rican Advocacy: How The Emerging U.S.-China Rift Can Help Puerto Rico Realize Greater Autonomy, Michael Angelo Tabrizi
Reframing Puerto Rican Advocacy: How The Emerging U.S.-China Rift Can Help Puerto Rico Realize Greater Autonomy, Michael Angelo Tabrizi
Cardozo International & Comparative Law Review
The note advocates for reframing Puerto Rican decolonization efforts as a foreign policy issue rather than solely a domestic matter, leveraging the U.S.-China rivalry to gain international support and alignment with the United Nations' principles on self-governance.
Police Brutality As Democide In The United States: The Supreme Court’S Acquiescence To Police-Civilian Violence, Jillian Fantuzzi
Police Brutality As Democide In The United States: The Supreme Court’S Acquiescence To Police-Civilian Violence, Jillian Fantuzzi
Cardozo International & Comparative Law Review
"Never again" is a power phrase used by survivors, observers, scholars, and descendants of survivors when reflecting on the mass casualties of innocent civilians resulting from government methods, like Nazism, ethnic cleansing, communism, and genocide, to exterminate groups deemed different or less than. Many blame dictatorial regimes for these mass atrocities, making democracy appear as a sound solution due to its attractive system ofchecks and balances. However, where the government agents responsible for mass killings of unarmed civilians remain unchecked by the judiciary, the product is not democracy but "democide." This unchecked power serves as a method of persecution of …