International Law Commons^™

International Courts & Judicial Affairs, Sara L. Ochs, Paula Henin, Paola Patarroyo, Haydee Dijkstal, Ira Trako, Kabir Duggal, Chloe Fletcher, Alexander Witt, Marc Weitz

All Faculty Scholarship

This chapter reviews some of the most significant developments made by international courts and tribunals in 2020.

I. International Court of Justice As of the time of writing (November 2020), this year, the International Court of Justice (Court) has rendered one order on provisional measures, two judgments on appeals from decisions of the International Civil Aviation Organization (ICAO) Council, and two orders relating to expert evidence.

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …

Closing International Law's Innocence Gap, Brandon L. Garrett, Laurence R. Helfer, Jayne C. Huckerby

Faculty Scholarship

Over the last decade, a growing number of countries have adopted new laws and other mechanisms to address a gap in national criminal legal systems: the absence of meaningful procedures to raise post-conviction claims of factual innocence. These legal and policy reforms have responded to a global surge of exonerations facilitated by the growth of national innocence organizations that increasingly collaborate across borders. It is striking that these developments have occurred with little direct help from international law. Although many treaties recognize extensive fair trial and appeal rights, no international human rights instrument—in its text, existing interpretation, or implementation—explicitly and …

Pandemics And International Law: The Need For Action [Chile], Claudio Grossman

American University International Law Review

INTRODUCTION

Let me start by stating that international law has developed principles, norms, institutions that provide an important basis for addressing pandemics; and stressing important values in the international community, including cooperation among States and the vital role of international organizations—among others. First, I will make some introductory remarks on whether international law has norms, principles, and institutions relevant to the topic of pandemics. Then, I will propose a path forward.

Front Matter

The International Lawyer

No abstract provided.

North America's Shifting Supply Chains: Usmca, Covid-19, And The U.S.-China Trade War, David A. Gantz

The International Lawyer

No abstract provided.

Front Matter

The International Lawyer

No abstract provided.

How To Assess Regional Trade Agreements? Deep Ftas V. China's Trade Agreements

The International Lawyer

No abstract provided.

In Search Of Guiding Principles Of Transnational Anti-Corruption Investigations And Resolutions

The International Lawyer

No abstract provided.

The Obligation To Prosecute Or Extradite (Belgium V. Senegal)

The International Lawyer

No abstract provided.

Discovery Under § 1782 In International Commercial Arbitration: Recent Developments From A Comparative Perspective, Tamar Meshel

The International Lawyer

No abstract provided.

The Wirecard Accounting Scandal In Germany, And How The Financial Industry Failed To Spot It, Thomas M.J. Möllers

The International Lawyer

No abstract provided.

The Fate Of Intercountry Adoptions Following Covid-19, Ambrosia Wilkerson

The International Lawyer

No abstract provided.

Arbitration Clauses In Intellectual Property Contracts: Past, Precedence, And Future, Julien Chaisse, A. Marisport

The International Lawyer

No abstract provided.

Eu-Acp Economic Partnership Agreements After Brexit: The (Neglected) Case Of Legitimate Expectations And Fundamental Change Of Circumstances, Regis Y. Simo

The International Lawyer

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.

From The Spectacular To The Everyday: International Law, Violence And The Agenda For Women, Peace And Security, Christine M. Chinkin

Book Chapters

This article looks at the conceptions of violence within WPS and thus within these diverse international legal regimes as they relate to women and girls. It first examines the regulation of inter-state violence, both legal recourse to the use of force and constraints upon the means and methods of warfare. It then outlines how state obligations to prevent and punish violence against women were brought into human rights law in the early 1990s, primarily by the UN Committee on the Elimination of Discrimination against Women (CEDAW Committee). The WPS resolutions are then summarised, focusing on provisions for the prevention of …

New Kid On The Block: An Introduction To The Hague Rules On Business And Human Rights Arbitration, Bhavya Mahajan

Cardozo Journal of Conflict Resolution

In the medieval European states, Lex Mercatoria, literally "Merchant Law," was a prevalent custom, which developed out of the norms and needs of the market and influenced the transborder trade practices among merchants. For redressal of trade-related disputes, arbitration was the popular method and the merchants elected their own judges in the courts of arbitration that they established. These courts developed a reputation for swift resolution of disputes using high moral standards. Non-compliance with practiced norms, or with the arbitral decisions of the courts, would solidify pariah status for the defaulting merchant in the trading community. Gradually, with the …

Child-Proofing Global Public Health In Anticipation Of Emergency, Frederick M. Abbott

Scholarly Publications

No abstract provided.

From The Frying Pan To The Fire: Scotus’ Fsia Inaction As Further Permitting Executive Branch Intervention In “Takings Exception” Cases And Its Consequences In Forcing Holocaust Plaintiffs To Return To Europe, Richard H. Weisberg

Articles

The Supreme Court of the United States (“SCOTUS”) very recently punted and left wide a circuit split on a key question under the Foreign Sovereign Immunities Act (“FSIA”): Do plaintiff Holocaust victims need to return to the country that wronged them in order to proceed in a United States federal court that otherwise had jurisdiction over their claims? While sending down unresolved a conflict between the D.C. and Seventh Circuits, in a companion case also involving Holocaust victims, SCOTUS essentially ended an action against Germany by taking the strong suggestion of the Executive Branch through its Solicitor General that a …

Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn't Such An Outlier On Free Speech, Evelyn Aswad

Faculty Articles

One of the most significant challenges to human freedom in the digital age involves the sheer power of private companies over speech and the fact that power is untethered to existing free speech principles. Heated debates are ongoing about what standards social media companies should adopt to regulate speech on their platforms. Some have argued that global social media companies, such as Facebook and Twitter, should align their speech codes with the international human rights law standards of the United Nations (“U.N.”). Others have countered that U.S.-based companies should apply First Amendment standards. Much of this debate is premised on …

Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali

Catholic University Journal of Law and Technology

This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.

Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek

Catholic University Journal of Law and Technology

Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …

The Fsia And Cyberspace: Could Hact Be The Answer?, Ritika Malkani

Catholic University Journal of Law and Technology

Under the non-commercial tort exception to the Foreign Sovereign Immunities Act (FSIA), a tort committed by a foreign state must occur wholly within the United States in order to trigger jurisdiction and liability in an American court. As such, cybercrimes which are committed abroad, even if targeted at and cause harm to U.S. citizens, fall outside this exception, leaving injured parties with no domestic avenue of redress. Potential solutions to closing this gap in the legal framework include the proposed Homeland and Cyber Threat Act (HACT), expansion of the FSIA's terrorism exception, or overruling the entire tort doctrine.

The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law, Duncan Alford

The International Lawyer

No abstract provided.

Regulatory Technology (Regtech) - Construction Of A New Regulatory Policy And Model, G. A. Walker

The International Lawyer

No abstract provided.