International Law Commons^™

Taxation's Limits, Luís C. Calderón Gómez

Northwestern University Law Review

Countless pages have been devoted to the question of why everyone should pay tax, yet its opposite has gone largely unnoticed: why should some people and organizations not pay tax? Our tax system exempts from ordinary income taxation a wide and diverse array of people and organizations engaged in significant economic activity—from parents providing childcare services for their family to consular activities and charities operating animal shelters—seemingly without a convincing explanation. Perhaps because of the dizzying diversity of tax-exempt activities, scholars and policymakers have avoided comprehensively or coherently justifying our exemption regimes.

This Article develops a novel normative theory that …

Review Of Dialogue & Dissent: A Constitution In Search Of A Country Kenya, Robert M. Press

The Journal of Social Encounters

No abstract provided.

China In Global Digital Trade Governance: Towards A Development-Oriented Agenda?, Yujia He, Ka Zeng

Patterson School of Diplomacy and International Commerce Faculty Publications

Existing literature on the behaviour of rising powers in global trade governance has yielded inconclusive evidence about their role and impact. This article contributes to this literature by examining China's role in global digital trade governance, an issue area which so far has not received sufficient scholarly attention. Specifically, it addresses the following question: as a self-proclaimed leader of the developing world in digital development, to what extent do its preferences and negotiation approach align with the interests of other developing countries? Analysing China's participation in three sets of negotiations using process tracing, the article argues that China's dual identity …

Consulting To Avoid Kessler, Madison Walker

Space and Defense

The consultation obligation of Article IX from the Outer Space Treaty may be used to create a framework for sharing space situational awareness data, globally, with the intention of facilitating enduring coordination agreements for collision avoidance.

Protecting The Cosmos: Defining Celestial Bodies In The Outer Space Treaty, David Epstein

Space and Defense

Lack of a clear definition of the term “celestial bodies” as used in the 1967 Outer Space Treaty risks exporting legal and political conflict into the cosmos. *This essay is updated from a previously published version and appears here by permission of the Journal of Space Law at Ole Miss.

Atrocity Prevention In The Digital Era: Adapting Norms, Laws, And Code To Changes In The Ways Atrocities Are Committed, David J. Simon, Samhitha Josyula, Joshua Lam, Julian D. Melendi

Genocide Studies and Prevention: An International Journal

Emerging digital technologies have changed some of the ways that genocides are planned and executed. This paper examines those differences, calling attention to how changes in the execution of genocide should prompt a shift in the approaches to atrocity prevention. It develops a conceptual framework addressing how atrocity prevention efforts might adapt to new technology within three realms of potential prevention efforts: the ethical (norms), the legal (laws), and the digital (code).

De-Escalating The United States-China Trade War Using A Global Conflict Resolution Methodology Framework, Angelina Kapp

Undergraduate Honors Theses

How can the United States and China collaboratively de-escalate their current trade relationship using a conflict resolution methodology to foster economic growth and foreign investor confidence in the evolving landscape of global trade? This paper will serve as a guide to those wanting to gain a comprehensive understanding of the macroeconomic causes and impacts of the contentious trade war between the U.S. and China. The year 2018 can be attributed to the start of the war when then-President Donald Trump implemented tariffs on Chinese goods and products. These back-and-forth financial and economic measures have been continually imposed to this day …

“Home Court Advantage: Comparing International Criminal Tribunals To Domestically-Grown Reconciliation”, Elise Treon

Honors Thesis

Scholars have studied wars and their causes for centuries, but what happens when the tanks roll out and the guns stop firing? The concept of reconciliation is a relatively new field of study in international relations, and the scholarship of specific transitional justice mechanisms remains underdeveloped. I comparatively analyze the differences between external and internal peacebuilding strategies – specifically the effectiveness of international tribunals in establishing long term deep reconciliation. In defining internal and external transitional justice mechanisms, I differentiate between a reconciliation process that prioritizes rebuilding citizens’ lives over one that prioritizes the desires of the international community. It …

What's Next: How And Why States Strengthen Treaties Through Deepening Commitments, Joseph Maestas

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

States take many post-ratification actions with most designed to weaken the application of the treaty against the state. However, nearly all treaties offer ways for states to strengthen it: deepening commitments. Deepening commitments are optional post-ratification actions that allow a state to strengthen and shape implementation of the treaty. This dissertation examines deepening commitments through analysis the Convention on the Rights of the Child (CRC), the Rome Statute of the International Criminal Court (Rome Statute), and the Convention on Certain Conventional Weapons (CCW).

In Chapter 2, through a typology and process tracing cases, I argue that states influence international law …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer School of Law and its Indiana Journal of Global Legal Studies are hosting scholars from around the country Friday and Saturday (Jan. 19-20) for an interdisciplinary discussion on one of the world’s most prevalent problems—food insecurity.

Data from the World Bank estimate more than 780 million people around the world suffered from chronic hunger in 2022. As climate change affects agricultural production and water accessibility, the problem could worsen in coming years.

“A Fragile Framework: How Global Food Systems Intersect with the International Legal Order, the Environment, and the World’s Populations” will bring together legal, policy, …

Climatizing National Security, Mark P. Nevitt

Faculty Articles

Is climate change a national security issue? Human security? Ecological security? This Article addresses the growing nexus between climate change and various conceptions of security with a particular emphasis on climate change's national security impacts. This Article argues that there is a growing connection between national security and climate change and a corresponding need to address the normative implications of "climatizing national security." This connection can be observed through three lenses: mitigation (reducing greenhouse gas emissions from military and national security sources); adaptation (investing in climate resilient infrastructure in an effort to prepare for climate impacts), and response (addressing climate-exacerbated …

Just Peace Framework: A Brief Primer, Eli S. Mccarthy

The Journal of Social Encounters

This short primer will describe the basic components of a just peace framework. Then I will describe the recent trajectory of Catholic and Christian discourse on just peace, as well as engage a related discourse at the United Nations on sustaining peace.

Law Not War: A Reflection On The Life And Work Of Benjamin B. Ferencz, 1920-2023, Patricia M. Mische

The Journal of Social Encounters

Solidarity in this essay is differentiated from collectivism, conformity, group think, herd mentality and mob action. It is defined as a mindful and empathetic choice to work in unity with others to alleviate human suffering and uphold human dignity by advancing systems of greater justice, peace, freedom, and inclusion for all. This form of solidarity is explored through the prism of one person’s life – that of Benjamin Ferencz – and how he used his experience, talents, and skills to develop and promote the international legal framework needed to address and prevent crimes against humanity. It traces his life from …

A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen

Global Tides

This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.

What Doesn’T Kill You Makes You Stronger: The Shifting Strategies Of Japan’S Yakuza In Response To Economic Globalization And Securitization, Benjamin P. Murkison

Honors College Theses

The Yakuza in Japan is a deeply traditional and infamous ethnic mafia, which has historically based their profits off of the protection of gambling rings and street vendors, but have developed into one of the most sophisticated and wealthy criminal institutions in the world. Reaching their peak in the 1960’s with around 200,000 members, the Yakuza has been in a slow decline ever since. However, the past decade has seen the most dramatic drop in Yakuza numbers in recorded history, as a result of increasing securitization by the Japanese state. As their power has declined within Japan, they have only …

Eu Migration Policy: Analyzing The Coercive Responses Of Transit Countries Within The Eu’S Framework Of Externalization, Emily Swan

Independent Study Project (ISP) Collection

This paper seeks to analyze the intersection between the EU’s increasingly securitized and externalized policies towards migration, and instances of the weaponization of migration on the EU’s external borders. Although scholars have analyzed cases in which states harness migrants as political weapons, depoliticized most depictions apply a moralistic lens that frames these cases as aberrant, decontextualized, and political events. This paper will complicate understandings of the weaponization of migration by analyzing how EU policies of externalization and securitization systematically shape the environment in which it becomes politically advantageous for leaders, such as Recep Tayyip Erdoğan and Alexander Lukashenko, to resort …

Book Discussion - Elections, Violence And Transitional Justice In Africa, Elias Opongo, Tim Murithi

The Journal of Social Encounters

No abstract provided.

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg

Dissertations, Theses, and Capstone Projects

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …

Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev

Pace International Law Review

The principle of non-commercialization, which prohibits trade in separated human body parts, has long been firmly embedded in many European legal orders and has become an integral part of them. However, many new uses for human biomaterials have now been discovered, and the need for them has reached a historical climax. This paper aims to explain the main tenets of non-commercialization theory, including such principles as human dignity and need to protect human’s health, and to show that these categories have so far been understood in a very one-sided and visceral way, and largely in contradiction to their true spirit. …

Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster

Pace International Law Review

Following a recent judgment by the International Court of Justice (ICJ), a divergence has opened between the Court and the Committee on the Elimination of Racial Discrimination (CERD Committee) over whether the Convention on the Elimination of All Forms of Racial Discrimination (CERD) covers nationality-based discrimination. The ICJ held that the CERD does not, but the CERD Committee had previously held the opposite. The solution to this difference is to recognize that the CERD excludes discrimination between citizens and aliens, and, in this, the ICJ was correct. However, this discrimination is distinct from discrimination between foreign persons on the basis …

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …

Space Debris Mitigation: A Unified Policy Framework, Forrest Randall Jones

Walden Dissertations and Doctoral Studies

Space debris is a growing problem that impacts the ability to maneuver and conduct space missions, creates hazards for people on Earth, and has the potential for severe environmental damage. Clean-up efforts are not viable in the modern era due to a lack of viable, affordable, and safe technology conducive to such lines of effort. This leaves mitigative and preventative policy measures as the most effective way to proffer a solution to the problem. Public policy has largely failed to address space debris mitigation effectively due to the fragmentation of policies standards and a lack of horizontal integration of policies …

Climate Security Insights From The Covid-19 Response, Mark P. Nevitt

Faculty Articles

The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19’s human cost is staggering, with American lives lost vastly exceeding those lost in recent armed conflicts. And climate change is both a threat accelerant and a catalyst for conflict—a characterization reinforced in several climate-security reports. To counter COVID-19, the President embraced martial language, stating that he will employ a “wartime footing” to “defeat the virus.” Perhaps …

Harmonisation In The Rules Governing The Recognition Of Foreign Judicial Ship Sales, Yingfeng Shao

World Maritime University Ph.D. Dissertations

Ships, the high-value asset used in both seagoing and inland navigation, and in which various legal and natural persons have interests, must be secured against legal risks arising from any cross-border legal divergence. Legal certainty of ownership of the ship is therefore desirable but it is under challenge with regard to the judicial sale of a ship: the effects of a judicial sale may be denied in a jurisdiction other than the place where it was sold under the principles of state jurisdiction.

Multiple efforts have been made to address legal uncertainty. Particularly important is a new treaty governing the …

Press Freedom Under Threat In Europe: A Case Study Analysis Of The Increasing Threat To Press Freedom In Greece, Italy, And Hungary, Maya O'Leary-Cyr

Undergraduate Honors Theses

This research critically examines the legal systems of European countries and their relationship to press freedom. This research focuses on the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Considering the scope of the problem, this research analyzes the issue through the lens of European countries Greece, Italy, and Hungary. Being members of the European Union, each of these countries have an obligation to uphold the democratic standards put forth by the EU as …

Environment Protection In The South China Sea : A Study Of The Applicability In The Designation Of A Particularly Sensitive Sea Area (Pssa), Tao Yang

World Maritime University Dissertations

No abstract provided.

Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes

Research outputs 2022 to 2026

Boat pushbacks and pullbacks by Italy and the European Union (EU) have returned migrants and refugees to Libya where they have been subjected to brutal human rights violations, such as torture and ill-treatment. This article argues that these pushbacks and pullbacks not only undermine key human rights principles, but they are also an act of cruelty. As Italy and the EU have used the law to evade their international human rights and refugee obligations, the law has had distributive effects that have shaped migration pathways and exacerbated the vulnerability of migrants and refugees to torture. Not only have legal manoeuvres …

Trafficking In Persons: The Reliability Of The Tier Ranking System And Its Ability To Influence Global Policy Decisions, Zoe Storck

Honors Theses

This research investigates the Trafficking in Persons (TIP) report published annually by the United States. Specifically, this research examines both the role that the Trafficking in Persons report plays in pushing specific human rights policy decisions throughout the world and its overall effectiveness in creating governmental response. The tier rankings and country narratives included in the report are essential for identifying specific government responses to recommendations made in the TIP report, and the tier rankings specifically have created a system that pressures countries to pursue steps toward combatting human trafficking. The data collection method utilized throughout this research consists primarily …

The Future Of Multinational Accountability Within The Environmental Policy Nexus, Lauren Beasley

Independent Study Project (ISP) Collection

The purpose of this paper is to examine current international environmental policy shortcomings regarding multinational accountability, explore future legally binding options, and offer a resolution towards effective accountability mechanisms. To do so, it uses a two-part methodology composed of a comprehensive engagement with existing secondary sources from the academic literature and four interviews with experts in the field. The paper builds out considerations in seven key areas for normative consideration regarding the future of legally binding environmental policy. These considerations are hard law considerations in: International Law, International Human rights law, International Humanitarian Law, and International Environmental Law and procedural …