International Humanitarian Law Commons^™

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Contracted Wars, Compromised Oversight: Private Military Companies In Iraq, Afghanistan, And The Decline Of U.S. Accountability Standards, Brianna N. Buzzell

International Studies (MA) Theses

The Global War on Terror, beginning in 2001, started U.S. military operations in Iraq and Afghanistan, facilitating the expansion of Private Military Contractors (PMCs) through a combination of operational necessity, strategic policy decisions, and systemic oversight failures. Despite their growing role, PMCs operate in legal and oversight grey zones. Despite a growing body of work on PMC accountability, there remains little agreement on how U.S. military interventions created conditions for their proliferation. This paper examines how U.S. military operations in Iraq and Afghanistan facilitated the expansion of PMC influence, resulting in reduced oversight and accountability for both the U.S. government …

Reframing Genocide, Anjali Mohan

Utah Law Review

Genocide has recently taken center stage in international affairs. Both Israel and Hamas and Russia and Ukraine have accused one another of committing genocide or having genocidal aims, and each side has denounced allegations against themselves. The legal accuracy of these accusations depends, inter alia, upon whether the allegedly genocidal acts were committed with “intent to destroy,” as required by the Genocide Convention. Courts and commentators nearly all assume that the “intent to destroy” describes an individual’s internal mental state and the mens rea of the crime of genocide.

In this Article, I argue that this individualistic interpretation of genocide …

The World Cup As A Racial Rebuilt Project, Khaled A. Beydoun

Utah Law Review

Scholars, particularly Critical Race Theorists, have written trenchantly about the law’s role in racial formation. Yet, while instrumental in this process, the law does not stand alone as a conduit of making race. Particularly for misrepresented groups, like Arabs, who struggle to find existential self-determination between imperial identity impositions, ethnic cleansing, and clashing racial ascriptions, the law fails to create racial categories that reflect their lived realities.

Beyond the asymmetrical landscape of legal ordering, sport stands as a powerful site of racial formation. Sport is where racialization can unfold indigenously, rebelliously, and “from the bottom.” Particularly soccer, a game of …

The Effectiveness Of International Courts In Contributing To Rebuilding And Resolving Conflicts In Societies Post-Genocide, Garrett Connely

Theses/Capstones/Creative Projects

In the aftermath of mass atrocities, international courts have emerged as key mechanisms for delivering justice and fostering post-conflict reconciliation. Rooted in the precedent set by the Nuremberg Trials after World War II, these institutions aim to prosecute crimes that often go beyond national legal systems. However, their effectiveness remains contested, largely due to their dependence on state cooperation and the complexity of post-conflict environments. This project examines the societal impact of international courts in two significant cases – Rwanda and the former Yugoslavia. Through a comparative analysis of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal …

Newport Manual On The Law Of Naval Warfare, Second Edition, Newport Manual Expert Group

International Law Studies

The Newport Manual on the Law of Naval Warfare, Second Edition, is a continuing effort to restate the law of naval warfare as a purely lex lata exercise. Like the first edition of 2023, it is designed to provide a practical guide for commanders and seafarers, lawyers and officials, and educators and students. In doing so, the Manual includes developments in warfighting technologies in recent decades, which have significantly influenced the nature of war at sea. This second edition has been edited by four of the original authors following an extensive review and revision process.

Analyzing The Role Of Socio-Political And Cultural Factors In The Implementation Of Transitional Justice In Afghanistan From 2001-2021, Narwan Alawi, Tufail Ahmad Peerzada

Indonesian Journal of International Law

After the end of conflicts, countries generally try to prosecute the criminals who committed war crimes and violations of human rights during conflicts and civil wars to prevent the recurrence of such incidents. In some cases, special courts have been established to trial the perpetrators of these crimes. In post-2001 Afghanistan, as foreign forces led by the USA removed the Taliban from power and with the establishment of the Republic of Afghanistan, a new phase of transitional justice was anticipated. Although the Afghans initially hoped that justice would not be ignored, however, preference was given to establish peace, and the …

The Increasing Prevalence Of Cyber Operations And The Inadequacy Of International Law To Address Them, Gabriel Smedes

Global Tides

This paper is a synthesis research article analyzing the legality of cyber operations within the international legal sphere. It works to define cyber operations and differentiate them from similar identifiers. The study looks to existing contributions to international law and explores how some existing some existing regulation is challenging to apply and it is difficult to implement new legislation. Highlighting the importance of legislation and regulations on cyber operations due to their increasing prevalence and danger.

Cruising Over Controversy: Addressing Discrimination Gaps In The Montreal Convention's Framework, Catherine Mitri

Seattle Journal for Social Justice

No abstract provided.

Cancer Alley: Solutions For Effective Regulation And Enforcement Of Air Pollution, Lisa Lee

Seattle Journal for Social Justice

No abstract provided.

Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann

Scholarly Works

Conventional narratives tend to represent the post-World War II international criminal proceedings as a men’s project, thus obscuring the many women who participated, as lawyers, journalists, analysts, interpreters, witnesses, and defendants. Indeed, two women stood trial before Nuremberg Military Tribunals. This article examines the case of the only woman found not-guilty: Inge Viermetz, who had been an administrator at Lebensborn, the Nazi SS adoption and placement agency. The article outlines the prosecution’s child-taking case against Viermetz, as well as her successful gendered self-portrayal as a conventionally feminine caregiver. With references to Professor Megan A. Fairlie, at whose memorial symposium it …

Round Table (Part 3) Book Review: From Discrimination To Death: Genocide Process Through A Human Rights Lens, Andrew Woolford

Genocide Studies and Prevention: An International Journal

No abstract provided.

Some Issues In Armed Conflict And Human Rights: Issues Toward Human Rights And Applicable Law In The Battlefield, Hiroshi Saito

Japanese Society and Culture

In recent years, Japan’s legal system regarding defense has improved, but little research has been conducted on what would happen if Japanese territory became a battlefield. Due to the Japan–US Security Treaty and the Japan–US Status of Forces Agreement, Japanese territory could technically become a space for armed conflict in the wake of US military action. If this happened, various legal issues would arise, but under the Japanese Constitution and domestic laws, which are primarily concerned with the protection of human rights, there would be a dual application of international humanitarian law and domestic laws including the Constitution. An important …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

The Obligation Of “Due Regard” In The Eez During Armed Conflict At Sea, James Kraska

International Law Studies

This article explores the rights of belligerent warships and military aircraft to engage in hostile operations within a neutral coastal State’s exclusive economic zone (EEZ) during armed conflict. It argues that peacetime rules of due regard for coastal State sovereign rights and jurisdiction do not constrain these operations. The United Nations Convention on the Law of the Sea (UNCLOS) established the peacetime obligation of due regard in the EEZ. By 1984, the EEZ had become customary international law binding on all States. The San Remo Manual on International Law Applicable to Armed Conflict at Sea suggests belligerent naval forces owe …

La Jurisdicción De La Corte Interamericana Para Revisar Judicialmente La Invalidez De La Denuncia A La Convención Americana Sobre Derechos Humanos Efectuada Por Venezuela En 2012 Bajo Los Estándares De La Convención De Viena Y La Opinión Consultiva Oc-26/20, Claudio Grossman, Carlos Ayala Corao, Juan Mendez, Claudia Martin, Robert Goldman, Gabriel J. Ortiz Crespo

Amicus Briefs & Court Filings

No abstract provided.

Sunk In Battle, But The War Is Not Over: Who Owns The Moskva?, Caroline Tuckett

International Law Studies

The study of underwater cultural heritage, and that of sunken warships, has typically focused on the legal protections that surround a site in the years, or often centuries, after the sinking. The Russia-Ukraine conflict has given cause to study the topic in a more modern context. Several Russian Naval vessels have been sunk by Ukraine, the most famous being the Black Sea flagship, the Moskva, in April 2022. Following the sinking, Ukraine stated the Moskva was now a heritage site, with a Ukrainian Defence Minister joking that the wreck was simply “one more diving spot.”

This article will examine …

Response To A Political Critique And Personal Attack Against A United Nations Report That Presented New Evidence About Prostitution As A Cause And Consequence Of Violence Against Women And Girls, Reem Alsalem

Dignity: A Journal of Analysis of Exploitation and Violence

Reem Alsalem, the United Nations Special Rapporteur on the Elimination of Violence Against Women and Girls, Its Causes and Consequences, responses to the false and unfounded accusations and personal attacks on her Report on Prostitution and Violence Against Women presented before the 56^th session of the United Nations Human Rights Council in Geneva, 2024. I presented new evidence regarding the relationship between violence against women and girls and prostitution. Using human rights law, the Report described how prostitution is a system of abuse, exploitation, and violence against women and girls. The Report’s goal was to clarify concepts and terminology, …

The Need For The Enactment Of Prize Law Legislation In Indonesia, Pornomo Rovan Astri Yoga

Indonesian Journal of International Law

Indonesia is a peace-loving nation. However, maintaining independence is more precious than maintaining peace. Therefore, Indonesia will always be ready to maintain its independence at any cost, including war. Indonesia claims itself as a maritime nation. All of those facts disregard the point that Indonesia lacks legislation regarding the law of naval warfare. This is particularly true in the case of the prize law. There are no single laws, statutes, or even procedures that govern the prize law in times of armed conflict at sea. The practice of the prize law has also been lacking since Indonesia’s independence in 1945. …