International Law Commons^™

Commercial Space Mining: From Competitive Secrecy To Transparency, Sustainability, And Governance Challenges In The New Race For Extraterrestrial Resources, Frányerson R. López Ochoa

Discovery Day - Daytona Beach

Commercial space mining is becoming integral to the space economy, driven by the need for resources such as water, metals, and platinum-group metals (PGMs) from asteroids and the Moon. It should be noted that these resources have the potential to support long-duration space missions through in-situ resource utilization (ISRU) and Earth-based economic activities. Companies such as AstroForge and TransAstra are leading this transition, from government-led exploration to commercial activity. The paper examines the environmental, technological, and legal implications of asteroid mining, using these companies as case studies. While AstroForge has progressed to in-space demonstrations with its Odin spacecraft in 2025 …

Recommendations For An International Regulatory Regime For Commercial Space, Margaret O'Brien

Discovery Day - Daytona Beach

The rapid advancement of space technologies in both governmental and private sectors presents a significant challenge for existing space law frameworks. Emerging activities such as space mining are gaining international attention, yet lawmakers struggle to craft regulations for an industry that is still in development. Innovators and investors often hesitate to assume risk in the absence of clear international guidelines. This research explores the complex legal and policy considerations surrounding space resource utilization, including the lack of consensus with existing treaties, the unpredictability of potential hazards, and the widening technological gap between industrialized and developing nations. Historical frameworks, such as …

Mister President & May It Please The Executive: Causal Barriers To Court-Packing, Mason Smith

Seaver College Research And Scholarly Achievement Symposium

As attacks on democracy have become increasingly ubiquitous, scholarship has begun to shed light on a common, effective, and inimical means of subverting governments accountable to the masses: court-packing. So, how can democracies prevent court-packing? Among many implicit causal theories taken from the extant research, which hasn’t directly tackled this problem, two seem the most plausible and ripe for analysis, suggesting that court-packing’s success turns on either the strength (i) of institutional constraints or (ii) of domestic judicial norms. To see which theory works better in practice, I use a narrowly tailored iteration of comparative process tracing, as it best …

Lawfare And Terrorism – Can Terrorism Justify The Use Of Force?, Joanna Siekiera

Graduate Research Conference (GSIS)

As the world became increasingly interconnected, the significance of international law has been augmented exponentially. International law encompasses a vast array of legal systems, written norms, and customary principles that govern the interactions between states, still being the primal and main norm creators, as well as to some extent international organizations, and other non-state actors (NSA) gaining more and more influence, and finally us - individuals. In recent times, the utilization of law as a tool of warfare has gained prominence, with public and private entities leveraging legal arguments and international institutions to achieve their military and political objectives. While …

The Frozen Sleeping Giant: How The U.S. Can Awaken To Arctic Challenges And Advance Its Northern Interests, Daniel White

Graduate Research Conference (GSIS)

For much of human history, the Arctic Ocean was persistently inaccessible to mass trade and transportation. With warming global temperatures, the ice of the Arctic Ocean is slowly giving way to navigable ocean, and creating new opportunities for states wanting to take advantage of the upcoming maritime access. With U.S. adversaries like Russia and China pursuing their Arctic interests, one would assume that the U.S. is hard at work at reinforcing its Arctic territory. Despite the United States being the global hegemon, scholars have remained puzzled as to why the U.S. has continued an apparent apathy towards the Arctic. This …

Soft Law, Activism, And Climate Displacement: Rethinking International Protections For The Environmentally Displaced, Guljannat Huseynli, Andrea G. Brown

Graduate Research Conference (GSIS)

Climate change is displacing millions of people globally, yet those forced to migrate due to environmental factors remain unprotected under existing international refugee law. This paper argues that legal recognition for climate refugees can emerge not through immediate treaty reform but through the evolution of soft law and norm creation. Drawing on constructivist theory, it examines how activism, international organizations, and legal precedents contribute to shifting global norms. Through case studies such as Ioane Teitiota v. New Zealand and the Fridays for Future movement, the paper shows how strategic litigation and advocacy can build momentum for future legal protections. It …

The European Case For Kosovo, Serbia, And North Macedonia: A Western Balkan Focus, Logan Michael Kase

Helm's School of Government Conference - 2021-2024

European integration of Western Balkan territories currently faces high-tension ethnic and religious antagonism between Serbia, Kosovo, and North Macedonia. The Balkans have been dealing with a cauldron of simmering ethnic internal battles that have lingered for decades. Years of Serbian and Kosovo contention severely setback the accession timeline, therefore, affecting further the integration of its neighbor North Macedonia. The European Union demands all disputes and corruption measures settled, per regulation standards set by the enlargement package from the commission. Key regional players’ sphere of influence becomes an interesting variable during policy discussions leaving a path to full European integration reliant …

Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg

Helm's School of Government Conference - 2021-2024

History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?

The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.

This work analyzes the interaction between the Chinese government …

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Grayson Shade Walker

Emory International Law Review Symposia

No abstract provided.

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Grayson Shade Walker

Emory International Law Review Symposia

No abstract provided.

The House Doesn't Always Win, Jennifer Owen

International Conference on Gambling & Risk Taking

In June 2015, fourteen South Korean casino executives were arrested on charges of soliciting Chinese players to gamble in their casinos. This single event foreshadowed a seismic change in the Australian casino market that few would have anticipated. The events which unfolded led to the two largest casino operators in Australia being found unsuitable to operate their casinos, and unable to hold their licenses. Collectively, these two casino groups reported revenues of $5.0bn in 2019, accounting for 92% of the total Australian casino market.

Both are now operating under various forms of special supervision until it can be demonstrated that …

The Unethical Use Of Children In War, Mariana Davis

Helm's School of Government Conference - 2021-2024

This paper examines the role the nature of children has in the immorality of their use in warfare. The exploitation of children in war is a long, pervasive issue that is primarily documented in third-world countries with ongoing conflicts. This paper details the developments in the legality of the use of children in war. It expounds upon the current and historical use of child soldiers and the horrors that come with it. Evidence was taken from the consequences to the children and the nations that use them to demonstrate why this practice is unethical and immoral. This paper studies why …

Global Security: Russia, Ukraine, And What Comes Next, Kateryna Koval, Ekaterina Kravchenko (Editor)

Graduate Research Conference (GSIS)

February 24, 2022, changed the lives of all Ukrainians. People throughout the country woke up to the sounds of bombings in the cities, and all soon knew that the full-scale war had begun. That morning Ukrainians realized that Russians could never become “brothers and sisters” again. Russia is a terrorist state that is continuing to commit war crimes. Crimes against peace, and crimes against humanity. Russia has now challenged the entire world with bombings, murder, and acts against civilians - including women and children.However, these unthinkable circumstances now allow Ukraine to change the situation together with the rest of the …

Jus Gentium, Natural Law, And Grotius’ Treatise: The Impact Of International Law’S Classical Heritage On Today’S Enforcement Dilemma, Faith Chudkowski

Helm's School of Government Conference - 2021-2024

No abstract provided.

Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan

Helm's School of Government Conference - 2021-2024

No abstract provided.

On Protecting Internally Displaced Persons In Non-International Armed Conflicts, Specifically Regarding The Civilian Population Of The Rohingya People Of Burma, Elizabeth Tonkin

Helm's School of Government Conference - 2021-2024

No abstract provided.

Never Again? The United Nations And Genocide: A Doomed Mission?, Maria Terrinoni

Capstone Showcase

Despite their commitment to international peace and security and to the concept of “never again,” the United Nations has failed to end the many genocides of the late 20th century. In this thesis, I use the genocides in Rwanda (1994) and in the Yugoslav Wars (1991-1999) as case studies to understand the UN’s response to genocide and to attempt to understand why the UN cannot effectively respond to and end genocide. I discover that issues such as the limitations of the Genocide Convention, the importance of state sovereignty, and overall institutional failures of the United Nation make any attempt to …

Corporate Accountability In Transitional Justice: Reflections On An Ongoing Social Lab (Roundtable), Tatiana Devia, Avery Kelly, Kaushik Sunder Rajan

Biennial Conference: The Social Practice of Human Rights

This roundtable describes and reflects upon the Corporate Liability and Sustainable Peace (CLASP) Lab, a “social lab” convened to advance corporate accountability in post-conflict and transitional justice settings around the world. Launched in February 2021, the CLASP Lab is a virtual forum in three languages, bringing together more than 40 lawyers and community activists from 25 countries in Latin America, Africa and the Middle East to share experiences and devise strategies for holding corporations accountable for human rights violations, as part of processes of transitional justice.

Opening Session, Annette Clark, Steven Bender

SITIE Symposiums

This year's conference focuses on the social good, highlighting three access barriers fundamental in law and society - access to legal services (and more generally, justice), access to health and health care during the COVID-19 pandemic, and access to financial services for the unbanked or underbanked.

Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq, Johnny Davis

Helm's School of Government Conference - 2021-2024

The legality of the invasion of Iraq is a vital question that goes to the heart of international law. The proper legal authority for military force and the overthrow of a sovereign government is the single most important area of international law.[1] This paper will consider whether the invasion of Iraq complied with the original intent of the Founding Fathers for the Constitutional authority to wage war and satisfied the requirements for a Just War under natural law.

International Policy And Climate Change-Induced Displacement Of South Pacific Island Nation Populations, Karissa Noragon

Capstone Showcase

Climate change has advanced significantly in the last few decades resulting in some of the predicted effects, such as sea level rise, to start to appear and to cause displacement, especially in more vulnerable, developing nations. Though current estimates have found that the majority of the displaced populations will be able to relocate within their country’s borders, there are some nations, such as many of the small island nations in the South Pacific, where internal relocation will not always be an option. The question that will be explored in this paper is, what are the limits to current international policy …

Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin

Biennial Conference: The Social Practice of Human Rights

This workshop will explore both theoretical and practical approaches to methodologies and ethics as it relates to human rights work.

The goal of the workshop is to create a dynamic space that encourages participants to share and learn from our own experiences navigating the messiness of human rights ethics and methods. We specifically address formal education and systems and structures so that we may all design, do and teach research and practice related to human rights in a more critical and sustainable manner. We recognize the tensions of creating research, programs and advocacy that is seen as “legitimate” to educational …

Contesting Human Rights Defenders At The Un Human Rights Council, M. Joel Voss

Biennial Conference: The Social Practice of Human Rights

Human rights defenders are being increasingly targeted across the globe. The rise of nationalist, populist regimes is of great concern to both human rights defenders and those that advocate for the rights of defenders. The problem is not only of domestic concern. The UN Human Rights Council, the UN’s preeminent human rights institution, is also seeing an increasing number of attacks on defenders, both in formal settings like discussions on resolutions and the Universal Periodic Review process and informally, through threats to participants at the Council.

This paper attempts to better understand and predict which states will both try to …

International Surrogacy Arrangements: A Human Rights Case, Marisa Araújo

Biennial Conference: The Social Practice of Human Rights

The scientific development in Artificial Reproductive Technology (ART), especially IFV solutions, are promoting the development of our reproductive options. Surrogacy is now one of these solutions and new ethical and legal problems arise.

Domestic Laws have the most different positions. If there are countries that admit surrogacy arrangements, even commercial ones like the Florida State in the USA (and the particular case of India); others criminalize these procedures and others, like the UK (and Portugal), have a middle term position.

Considering the frontier zone in which surrogacy takes its place, the debate is more exuberant since the concrete legal solution …

The Rise Of ‘Right-Wing’ Human Rights Rhetoric: A Palestinian & Israeli Case Study, Leah Wilson

Biennial Conference: The Social Practice of Human Rights

Human rights are historically understood as ‘liberal’ rhetoric, yet the following study will present an unprecedented turn by an Israeli ‘right-wing’ organization to human rights language and methodologies as a means to advance their goals. For context, the study will review how ‘liberal’ organizations in the region have employed rights-based frameworks, dating back to the rise of the first intifada in the late 1980’s. Specifically, the study focuses on three organizations that utilize the Israeli court system for their work: ACRI (Association for Civil Rights in Israel), Adalah (The Legal Centre for Arab Minority Rights in Israel), and HaMoked. Human …

The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak

Biennial Conference: The Social Practice of Human Rights

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate access …

Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed

Biennial Conference: The Social Practice of Human Rights

Despite its emancipatory potential, human rights remains locked in a form of epistemic coloniality that defers to Euro-American knowledge and reinforces anthropocentric exceptionalism. In order to employ human rights as a source of emancipation, human rights must itself be emancipated—it must be decolonized. Drawing on the notion of 'decoloniality' as a framework that advances radical possibilities by delinking from structural racism, patriarchy and class embedded in capitalism and Western modernity, a typology of human rights as sovereignty, disruption, and tactics is developed as a way of understanding human rights from the position of the colonized.

Stm In The Nature Of International Space Law, Yu Takeuchi

Space Traffic Management Conference

The discussion regarding STM has been accelerated due to the US policy decision of taking the lead of international discussion in Space Policy Directive 3 (SPD3). It is necessary to solve the following 3 issues to install STM in global sphere; the SSA data sharing; space debris mitigation management; and traffic management regulations.

This paper will be focusing on the 3^rd issue, traffic management regulations, and firstly describe the reason of inherent reluctance of States to control the outer space based on the fundamental principle of international space law. The States sovereignty is always the dominant in the territorial …

Utm, Atm, Stm… Slices Of The Sky?, Ruth E. Stilwell

Space Traffic Management Conference

UTM, ATM, STM… slices of the sky?

This paper will examine the functional differences between Unmanned Aircraft Traffic Management Systems, Air Traffic Management Systems, and Space Traffic Management. Understanding both the similarities between the systems and the different functional requirements of each concept is critical in the discussion and development of STM. While there are many commonalities in each area, it is important to understand how the different environments affect the ability to develop policies, procedure and technologies to manage the vehicles operating in the distinct environment. Both technical and legal frameworks will be discussed.

Building a conceptual framework for …

A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose

Biennial Conference: The Social Practice of Human Rights

Between the 1970s and 1980s, Guatemalans, particularly the indigenous populations, were targets of a state-sponsored genocide. Several years after the genocide, Catholic Bishop Juan Gerardi of Guatemala City took the lead in creating the Recovery of Historical Memory Project which was an independent investigation into the events of the genocide. Gerardi was murdered before the report was made public. This paper will briefly discuss Gerardi’s work and his contribution to local justice in Guatemala. The author will then explore what contributions the Catholic Church could make in creating similar fact-finding missions. Could a grassroots mechanism such as the one Gerardi …