International Law Commons^™

Judging Judiciaries: How Sticky Defaults, Status Quo Bais, And The Sovereign Prerogative Influence The Perceived Legitimacy Of The New International Commercial Courts, S.I. Strong

American University Law Review

Forum shopping is routinely criticized as contrary to procedural justice. However, recent years have seen an increasing number of jurisdictions engaged in the process of forum selling, in which countries actively seek to bring lucrative litigation business to their national judicial systems. One of the most common types of forum selling involves the creation of new international commercial courts designed to increase a nation’s competitiveness in the global litigation market.

Most studies of the new international commercial courts have focused on how procedural innovations adopted by different courts are likely to affect party choice. While useful, these analyses assume that …

Beyond Policy: Overcoming Challenges In Prosecuting Gender Persecution At The International Criminal Court, Milena Sterio, Yvonne Dutton

Law Faculty Articles and Essays

While the ICC’s jurisdictional and resource constraints undoubtedly pose significant obstacles to its ability to tackle all cases of gender persecution worldwide, the Court’s efforts serve as a catalyst for progress in the field of international criminal law. By shining a spotlight on the crime of gender persecution and prioritizing its investigation and prosecution, the ICC sets a precedent for national jurisdictions to follow suit. Furthermore, the ICC’s engagement with gender-based crimes underscores the unique intersectionality of gender discrimination and conflict, highlighting the broader societal ramifications of such crimes, and the imperative to address them comprehensively.

In moving forward, the …

Defining A Field And Building A Human Rights In Patient Care Community, Tamar Ezer

Articles

No abstract provided.

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.

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Under New Management?: Sovereign Wealth Funds And Their Ownership Of U.S. Sports Teams, Benjamin K. Moyer

Dickinson Law Review (2017-Present)

In October 2021, Saudi Arabia’s sovereign wealth fund (“SWF”) successfully purchased the English Premier League soccer team Newcastle United F.C. for $400 million. With this transaction, Saudi Arabia joined fellow Gulf countries, Qatar and the United Arab Emirates, in owning a major European soccer team through one of its state’s SWF. States have long used their SWFs to invest in foreign markets, but recent trends have transformed these originally strictly financial vehicles into political tools. Since the 2007–2008 financial crisis, many states have used their SWFs not only to produce financial gains but also to generate soft power through political …

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

Core Skills & "Cool Tools" From The Third Generation Of Fcil Librarians, Meredith Capps, Clement Lin, Devan Orr, Alison A. Shea, Loren Turner, Latia Ward

Library Staff Publications

There have been three generations of foreign, comparative, and international law (FCIL) librarians in the United States (US) in the postwar era. FCIL librarians of the first generation were foreign lawyers who emigrated to the US after World War II. Those of the second generation were American lawyer-librarians who built the infrastructure of FCIL librarianship into what it is today. The third generation of FCIL librarians includes the authors of this article. We perform many of the same research tasks as our predecessors, but we do so primarily online through an ever-evolving array of new and emerging technologies. This article …

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

Cardozo International & Comparative Law Review

No abstract provided.

The Political Question Doctrine And The International Court Of Justice, Halil Rahman Basaran

University of San Francisco Law Review

No abstract provided.

Cleaning Our Hands Of Climate Washing: Promoting Corporate Responsibility With The European Union’S Corporate Sustainability Due Diligence Directive, Parker M. Jacobs

University of San Francisco Law Review

No abstract provided.

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

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

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

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)

Cardozo International & Comparative Law Review

No abstract provided.

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

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

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

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

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

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

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

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

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 …

Russia’S Foreign Agent Law And Its Consequences For Civil Society And Human Rights, Karen Gilkman

Cardozo International & Comparative Law Review

No abstract provided.

A Comparative Approach To Documentation Methods And Avoiding Transfer Pricing Penalties: Is The United States Justified In Its Approach Of Enforcing Penalties Under Section 6662?, Atalya Santos

Cardozo International & Comparative Law Review

No abstract provided.