International Law Commons^™

Facial Recognition Technology And Privacy: Race And Gender - How To Ensure The Right To Privacy Is Protected, Lindsey Jacques

San Diego International Law Journal

This Article specifically focuses on the use of FRT by the five permanent members of the United Nations (“UN”) Security Council which are China, France, the Russian Federation, the United Kingdom, and the United States (the five nations). As permanent members of the Security Council, these five nations are tasked with maintaining international security under the UN Charter.

National leaders in these countries are forced to face the question of whether the national security mitigating benefits of FRT outweigh the privacy and equity concerns the technology imposes for populations often considered the most vulnerable. This Article proposes solutions to this …

The Current State Of Gene Doping And The Future Of Gene Therapy Regulations, Sean Costa

San Diego International Law Journal

Genome editing, also referred to as “gene editing” or “gene therapy,” is no longer a theoretical eventuality of scientific progression; it is a reality of modern life. One of the numerous groups affected by this technology is athletes as “gene doping” becomes a more viable option to improve athletic performance each year. Some international agencies have begun to address the issues presented by gene doping, but there is no comprehensive international framework or regulations on the proper standards of use or punishment for those who abuse this new technology. International agencies must work together to establish regulations for human genome …

Civil Society And Regional Human Rights Development In Asia: Lessons From The Asian Human Rights Court Simulation, Mark L. Shope, Wen-Chen Chang

Indiana Journal of Global Legal Studies

In 2019, the historic first hearing of the Asian Human Rights Court Simulation (AHRCS and its "Court') took place in Taipei, Taiwan. The Court heard the case of Chiou Ho-shun v. ROC (Taiwan). The judges of the AHRCS consisted of experts in international human rights law; and observers from the media, scholars, government officials, and national and international human rights defenders were in attendance. Along with the hearings, the event included workshops on international human rights topics and a civil society dialogue. This article discusses issues surrounding the development, ecosystem, and future of the Court. The article first discusses the …

Access To Medicine In Developing Countries: Elevating State Obligations Over Corporate Profit, Hakeem O. Yusuf, Kamil Omoteso

Indiana Journal of Global Legal Studies

This paper investigates the divergence between the objectives of the state in ensuring citizens' right to health and the profit-maximization objective of pharmaceutical corporations in relation to, access to, and supply of medicine. This divergence is pertinent given both the rising cost of medicines and unmet needs, particularly in developing countries. This paper analyses the correlation between pharmaceutical corporations' profit drive and the state's welfare obligation. There is a need to bridge the gap between business and human rights, which can be achieved by combining the concepts of "business ethical responsibility" and corporations' contributions to "common good" with the jurisprudence …

State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li

Indiana Journal of Global Legal Studies

Based on the analysis of the online profiles of 205 BRI Talent Bank lawyers as accredited by China's national bar association, this article generates important empirical knowledge about the approaches and processes that a nation-state may use in directing the internationalization of legal professionals. In addition to designing the general roadmap and offering broad incentives, the state has demonstrated a much more handson approach. By collecting the so-called "state-adjacent" lawyers and commissioning them to take some concrete first steps stipulated in the roadmap, the Chinese state effectively envisions them as role models for other lawyers to follow to ensure that …

Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach

Indiana Journal of Global Legal Studies

The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the …

Brief Of Amici Curiae International Law Scholars In Support Of Petitioners, Beatrice Lindstrom, Tyler R. Giannini, Diane A. Desierto

Court Briefs

No. 21-995
Budha Jam v. International Finance Corporation

On Petition For Writ Of Certiorari To The United States Court Of Appeals For The District Of Columbia Circuit

From the Summary of Argument

The animating purpose of the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602-1611 (1976), is to remove immunity and preferential treatment for sovereign entities when they engage in private conduct such as commercial activity. In other words, sovereigns acting as private actors should be treated as private actors. The decision below undermines this raison d’être of the FSIA while raising an important and unsettled question: whether a …

The Un Security Council And The Saga Of “Global Legislation”, Gadi Ezra

International Law Studies

The release of the UN Security Council from the “veto chains” that characterized the Cold War has led it to intensively engage in a wide spectrum of conflicts and issues. This expanded activity has peaked around its “global legislation” attempts. Although often used in the legal literature, this term is vague and contested. Scholarly work occasionally discusses the Council’s alleged global legislation, but without initially offering a proper working definition of the term. Arguments both for and against are frequently laid incoherently and can roughly be divided into two types: those assessing the Council’s authority to engage in global legislation, …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Ensuring The Right Of The Child In The Boko Haram Insurgency: The Province Of Unicef’S Complementary Mandate Under International Law, Olusola Babatunde Adegbite

Indonesian Journal of International Law

The need to manage conflict-related humanitarian conditions is the basis of intervention by international humanitarian organizations. Chief amongst these agencies is the United Nations International Children’s Emergency Fund (UNICEF), whose work is primarily about protecting children in armed conflicts. This agency has maintained a robust response to the humanitarian crisis in the Boko Haram insurgency, though its effort has not been without controversies. In 2018, it was suspended by the Nigerian Military on the allegation that it was working for the enemy side, an action which attracted widespread condemnation, as it was seen as an attempt by the government to …

The Dispute Settlement System Of Investment In The Asean Comprehensive Investment Agreement (Acia) Framework And The Implications For Indonesia, Delfiyanti Delfiyanti

Indonesian Journal of International Law

In order to implement the ASEAN single market on free flow of investment in the region, the delegations of ASEAN member states signed the ASEAN Comprehensive Investment Agreement (ACIA) on February 26th, 2009 in Cha-am, Thailand. Based on Article 1 (a) and Article 2 of the ACIA Agreement on the objectives of ACIA formation; the legal arrangements for foreign direct investment in this Agreement adhere to an investment regime—“a Free and Open Investment Regime” to achieve the ultimate purpose of economic integration in the ASEAN Economic Community. By implication of the Agreement, Indonesia should attempt to complement the investment legal …

America's Foreign Policy Response To The Hong Kong China Conflict, Ciera C. Lehmann

Liberty University Journal of Statesmanship & Public Policy

Hong Kong has been fighting for democracy and to retain its autonomy from China, and the world has been watching. What should the response of the United States be? Hong Kong has been an important economic partner to the United States but is technically under the rule of China, who America has been working to maintain good relations with. In order to determine the course of action for American foreign policy, one must know what its foreign policy has been in the past and its relationships with Hong Kong and China are. Ultimately though, the United States has a moral …

Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias

International Law Studies

"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the …

Russia-Ukraine: Resolving The World’S Most Dangerous Conflict, Mary Ellen O'Connell

NDLS in the News

Since late 2021, Russia has massed around 100,000 troops on the border with Ukraine, raising the specter of another use of force against its neighbor. The Russia-Ukraine crisis began in earnest in February 2014, when Russian troops spread out from their Black Sea naval base to take control of the Crimean Peninsula. Russia put forward a variety of familiar legal justifications at the time—intervention by invitation, humanitarian intervention, restoration of Russian borders, and self-defense. In my analysis, none of these attempts came close to excusing a serious violation of the United Nations Charter Article 2(4) prohibition on the use of …

The Evolution Of International Environmental Law Amidst Political Gridlock: Environmental Rights As A Common Ground, Maria Antonia Tigre

Dissertations & Theses

In the leadup to the 50th anniversary of the Stockholm Conference and the global Covid- 19 pandemic, nations and people have realized they have not lived up to the obligations of the U.N. Charter and the principles of international environmental law. In 2019, the U.N. General Assembly (UNGA) adopted Resolution No. A/RES/73/333, which set forth substantive and procedural recommendations for follow-up work for the progressive development of international environmental law, and specifically called for the adoption of a political declaration in 2022 to strengthen the implementation of international environmental law. The resolution derives from the proposed Global Pact for the …

Reframing Global Biodiversity Protection After Covid-19: Is International Environmental Law Up To The Task?, Maria Antonia Tigre, Natalia Urzola, Victoria Lichet

Sabin Center for Climate Change Law

In an increasingly interdependent world, the climate and biodiversity crises are, more than ever, inextricably tied to human health and the transmission of infectious diseases. The 2020 Covid-19 pandemic has irrevocably shown us that the exploitation of wild species and deforestation increases and modifies the interface between people and wildlife, leading to a spillover of diseases from wildlife to people. From a legal perspective, the gaps in international environmental law have contributed to the lack of an effective international biodiversity policy. In light of the challenges brought by the pandemic, there is now an opportunity to rethink our existing legal …

The Second Transformation Of The International Intellectual Property Regime, Peter K. Yu

Faculty Scholarship

This chapter focuses on the structural changes that international investment norms have posed to the international intellectual property regime. It begins by documenting the regime’s first transformation by the adoption of the TRIPS Agreement and the marriage of intellectual property and trade through the World Trade Organization. The chapter then explores the regime’s potential second transformation when bilateral, regional, and plurilateral agreements and new investor-state disputes have caused international investment norms to intrude into the intellectual property domain. It continues to identify three sets of problems that have emerged from such intrusion. The chapter concludes by proposing three solutions to …

The Peculiar Double-Consciousness Of Twail, Mohsen Al Attar

Indonesian Journal of International Law

Shunning the Eurocentrism that colours much mainstream scholarship, TWAIL has centred in international legal scholarship the views of peoples historically marginalised in the imperial-colonial process. In a single generation, its interventions have shifted perceptions of international law across the academy, forcing scholars to account for the partialities of our purportedly universal international legal regime. Yet, despite embracing iconoclasm and critique, TWAIL is also denoted by a formalist streak. Many of its scholars are committed to the regime, towing an orthodox line that appears counter-intuitive, even inconsistent. In this article, I use WEB Du Bois’ concept of double-consciousness to explain the …

Export Restrictions On Covid-19 Vaccines: What Developing Countries Can Do Under The Wto Law?, Ngurah Parikesit Widiatedja

Indonesian Journal of International Law

The COVID-19 pandemic has wreaked havoc on the global economy and trade, since production and consumption have been reduced around the world. The production and distribution of COVID-19 Vaccines caused unequal distribution as some developed countries have imposed export restrictions. As a result, wealthier countries are resuming normalcy, while the rest of the world continues to struggle to vaccinate its citizens. Article XI(2)(a) of The General Agreement on Tariffs and Trade exceptions allow members the legal ability to impose export restrictions if they meet specific criteria: they must be temporary, confined to foodstuffs and vital products, and enforced in the …

The Role Of Civil Society Organisations In Asset Recovery, Prosper Maguchu, Ahmad Ghozi

Indonesian Journal of International Law

In Zimbabwe, civil society organisations (CSOs) have played a significant role in documenting cases of corruption and mismanagement that have deprived Zimbabweans of their basic human rights. This work can facilitate asset recovery efforts, which is a high priority for the Government of Zimbabwe. The country continues to face enormous challenges despite the political changes that have occurred in recent years. This makes the contribution of civil society all the more important. In particular, CSOs can play a role in raising public awareness, research, advocacy, case management and monitoring returned assets. Hence, CSOs should not only be encouraged but also …

Communal Rights As The Hegemony In Third World Regime: An Indonesian Perspective, Yunita Maya Putri, Ria Wierma Putri, Hs Tisnanta

Indonesian Journal of International Law

The birth of international law was a direct result of the emergence of civilized and independent states in the sixteenth century in Europe, known as the Enlightenment. So the need for a series of rules to regulate legal relations between these countries. However, until now, Asian and African countries are still fighting for their independence until new problems arise. The polarization of the international community is divided into two, namely developed and developing countries. Where international law is dominated by developed countries with European and American values and does not accommodate the values of local wisdom from developing countries that …

Editorial: Tales Of Multiple Decolonisations, Prabhakar Singh

Indonesian Journal of International Law

The dialectics between descriptions and solutions should now animate TWAIL scholarship. A crucial aspect of TWAIL is to debate racism in south-south relations and law. TWAIL also needs to ask if former victims, having secured sovereignty during de-colonisation, are attempting to secure an empire.

Decolonizing The Environment: Third World Approaches To The Planetary Crisis, Kishan Khoday

Indonesian Journal of International Law

The colonial process transformed the landscape of the Earth with devastating consequence for communities and ecosystems. It also set the foundations of the planetary crisis that we see today. Using a TWAIL approach, this article argues for the relevance of colonial and post-colonial analysis in combatting today’s planetary crisis and advancing a more effective form of global environmental governance. Today’s global order of multilateral agreements is increasingly under criticism, ineffective in combating the planetary crisis and in halting the disproportionate impact of ecological change experienced across the global South. A TWAIL lens helps to understand the root causes of today’s …

Lack Of ‘Will’ Or ‘Options’: A Study On The International Court Of Justice’S Tryst With Racial Discrimination, Atul Alexander

Indonesian Journal of International Law

The practice of racial discrimination is detrimental to the international community’s interest. Therefore, efforts at the national and international levels to curb racial discrimination must be undertaken. The Convention on the Elimination of the Racial Discrimination (ICERD), 1969, is one such effort to curb the practice of racial discrimination. The mandate to interpret and settle disputes pertaining to racial discrimination is upon the Committee on the Elimination of Racial Discrimination (CERD). However, the CERD is endowed with functions with a limited mandate; therefore, since 2010, States have been increasingly taking recourse to inter-state dispute settlement mechanisms, i.e., the International Court …

France's Membership In Financial Action Task Force (Fatf) And Financing Of The Paris Terror Attacks In 2015, Sasyabella Febriani

Journal of Strategic and Global Studies

France is one of founding members FATF with other G-7 countries and FATF’s headquarters location. According to FATF and Europol, France is not only known as one of low level risk countries in financing terrorism but also as EU member state with the most terror acts in 2015. This research is attempt to explain why the French counter terrorism financing policy based on FATF standards is not able to prevent the financing terrorism practices of Paris terror attacks in 2015. This research method used qualitative approach and used historical institutionalism approach to see how institutional evolution of FATF, France involvement …

The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson

Georgia Journal of International & Comparative Law

No abstract provided.

Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple

Georgia Journal of International & Comparative Law

No abstract provided.