International Law Commons^™

Covid-19 And Export Restrictions: The Case For Free Trade, Jack Quirk

Loyola University Chicago International Law Review

No abstract provided.

China's Crimes Against Humanity Upon The Uyghur People Under The Rome Statute Of The International Criminal Court, Alex Fox

Loyola University Chicago International Law Review

No abstract provided.

Effective Management Of International Aid Through Inter-Governmental Trust Funds, Ilias Bantekas

Loyola University Chicago International Law Review

No abstract provided.

Establishing A United Nations Convention To Stop Foreign Election Interference, Todd Carney

Loyola University Chicago International Law Review

No abstract provided.

Sexual Violence And Human Trafficking In India: Legislation, Enforcement, And Recommendations, Shivani Rishi

Loyola University Chicago International Law Review

No abstract provided.

The International Communities' Ineffective Response Towards The Fight Against Female Genital Mutilation, Fernanda M. Santos

Loyola University Chicago International Law Review

No abstract provided.

Table Of Contents

Loyola University Chicago International Law Review

No abstract provided.

New Diseases Call For . . . Archaic Responses? Violating Human Rights In The Sanitary Cordon Of Wuhan, Madeline Young

Loyola University Chicago International Law Review

No abstract provided.

Climate Lawyers As Movement Lawyers (And Vice Versa), Carmen G. Gonzalez

Faculty Publications & Other Works

In April 2020, the American Society of International Law (ASIL) launched an initiative to foster conversations within and beyond ASIL on the connections between climate change and virtually all other areas of international law. This essay for the ASIL Proceedings is based on a presentation delivered at the April 2021 ASIL Annual Meeting.

The essay examines the link between climate change and racial subordination from the dawn of the fossil fuel-based world economy to the present and the complicity of international law in these converging injustices. It discusses the counterhegemonic uses of international law by environmental justice movements in the …

The Promise Of International Law: A Third World View, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Judicialization Of Election Disputes In Africa’S International Courts, James T. Gathii

Faculty Publications & Other Works

When elections are judicialized in Africa, national courts overwhelmingly legitimize incumbent electoral victories. When opposition candidates lose in high stakes presidential and gubernatorial elections, they seldom concede defeat with- out legal challenges. Claims of electoral irregularities, fraud, incompetence of electoral bodies, violence, and an unequal playing field, among other factors, transform these cases into highly contested mega-political disputes when they are judicialized.

Rather than creating new political equilibria, judicialization in national courts often results in the hegemonic preservation of incumbents. Though opposition politicians and political parties know this, they nonetheless resort to international courts in Africa, in part, because they …

Writing Race And Identity In A Global Context: What Crt And Twail Can Learn From Each Other, James T. Gathii

Faculty Publications & Other Works

This Article argues that issues of race and identity have so far been underemphasized, understudied, and undertheorized in mainstream international law. To address this major gap, this Article argues that there is an opportunity for learning, sharing, and collaboration between Critical Race Theorists (CRT) and scholars of Third World Approaches to International Law (TWAIL). Such a collaboration, this Article argues, would produce a very sharp lens of tracing issues of race and identity in the imperial, transnational, and global histories of international law and their contemporary continuities. By adopting a framework of studying race and identity in a global context, …

Studying Race In International Law Scholarship Using A Social Science Approach, James T. Gathii

Faculty Publications & Other Works

This Essay takes up Abebe, Chilton, and Ginsburg's invitation to use a social science approach to establish or ascertain some facts about international law scholarship in the United States. The specific research question that this Essay seeks to answer is to what extent scholarship has addressed international law's historical and continuing complicity in producing racial inequality and hierarchy, including slavery, as well as the subjugation and domination of the peoples of the First Nations. To answer this question, this Essay uses the content published in the American Journal of International Law (AJIL) from when it was first published in 1907 …

Gone Girls: Exploring The Systematic Misunderstanding Of Women In Isis And Resulting International Security Concerns, Evan Colleen Jones

Loyola University Chicago International Law Review

No abstract provided.

Water Insecurity And Climate Change As Emerging Human Migration Pressures, Michael Tiboris

Loyola University Chicago International Law Review

No abstract provided.

The Profitability Of Ending The Marital Rape Exception: Ugandan Societal Norms Impeding Women's Right To Say No, Ali Roberson

Loyola University Chicago International Law Review

No abstract provided.

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

The Space Between Grand Optimism And Grim Determination: Finding A Pathway Forward In International Climate Change Law, Cinnamon P. Carlane

Loyola University Chicago International Law Review

No abstract provided.

Rethinking The Role Of Nonstate Actors In International Climate Governance, Jason Maclean

Loyola University Chicago International Law Review

No abstract provided.

Study On Legal Systems For Transboundary Ccs Implementation And Transboundary Environmental Liability Regarding Ccs, Moonsook Park

Loyola University Chicago International Law Review

No abstract provided.

What Is A "Grave" International Crime? The Rome Statute, Durkheim And The Sociology Of Ruling Outrages, Nikolas M. Rajkovic

Loyola University Chicago International Law Review

No abstract provided.

The Kimberley Process' Legacy: How The 2000 Certification Process For Conflict-Free Diamonds Can Help Solve Contemporary Human Rights Violations Within The Cobalt & Coltan Mining Industries, Claire Henleben

Loyola University Chicago International Law Review

No abstract provided.

The Future Of Cryptocurrency: An Unregulated Instrument In An Increasingly Regulated Global Economy, D. Towne Morton

Loyola University Chicago International Law Review

No abstract provided.

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Protection Of Religious And Ethnic Minorities Before The Genocide Convention, Mustafa Aijazuddin

Loyola University Chicago International Law Review

No abstract provided.

Somalia And Legal Pluralism: Advancing Gender Justice Through Rule Of Law Programming In Times Of Transition, Roison Burke

Loyola University Chicago International Law Review

No abstract provided.

The Paris Agreement, Forced Migration, And America's Changing Refugee Policy, Alice R. O'Connell

Loyola University Chicago International Law Review

No abstract provided.

Africa And The Radical Origins Of The Right To Development, James T. Gathii

Faculty Publications & Other Works

This article builds on my earlier scholarship on African approaches to international law through examining the evolution of the right to development. Previously, I identified two approaches to international law in Africa – a contibutionist (or weak) approach and a critical (or strong) approach. Through analysis of the tight to development in the work of two eminent Senegalist jurists, Doudou Thiam and Keba Mbaye, I show that while Thiam adopts a radical stance that falls within the realm of critical approaches, Mbaye charts a third way: One that shares aspects of both approaches but has distinct characteristics of its own. …

Beyond Samuel Moyn's Countermajoritatian Difficulty As A Model Of Global Judicial Review, James T. Gathii

Faculty Publications & Other Works

This Article responds to Samuel Moyn's critique of judicial review and his endorsement of judicial modesty as an alternative. By invoking the countermajoritarian difficulty, Moyn argues that judicial overreach has become an unwelcome global phenomenon that should be reexamined and curbed. I reject Moyn's claim that this kind of judicial modesty should define the role of courts for all time. By applying the countermajoritarian difficulty beyond its United States origins, Moyn assumes it is an unproblematic baseline against which to measure the role of courts globally. Moyn's vision says nothing about when it would be appropriate for courts to rule …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.