International Law Commons^™

Would Hitler Define Jews Living In His Germany As Citizens? An Amendment To The Foreign Sovereign Immunities Act Could Solve This Legal Puzzle For United States Courts, Tonya Bordeaux Larson

California Western International Law Journal

No abstract provided.

Taxing Nomads: Reviving Citizenship-Based Taxation For The 21st Century, Reuven S. Avi-Yonah

Law & Economics Working Papers

The COVID pandemic and the rise of zooming has increased the ability of many people (primarily the rich) to work remotely. This in turn has led to more people moving to other countries to benefit from the ability to work remotely while enjoying other benefits such as lower housing prices, a more leisurely lifestyle, and in some cases greater political stability. Many Americans have used their newfound freedom to move overseas, e.g., to Italy. They and others like them are the new nomads.

Such a move is not tax motivated because Italy has higher personal tax rates than the US. …

The African Continental Free Trade Area: Local Content Requirements As A Means To Addressing Africa's Productive Capacity Constraints, Nchimunya D. Ndulo

Michigan Journal of International Law

The Agreement Establishing the African Continental Free Trade Area (AfCFTA) presents an unprecedented opportunity for African integration and is projected to spur unprecedented levels of job growth and productivity, and to drive sustainable economic development. However, as the implementation of the AfCFTA unfolds, it is apparent that certain bottlenecks stand in the way of the AfCFTA achieving its full potential. The bottleneck at the core of the AfCFTA’s effective implementation is the limited availability of tradable goods due to the limited productive capacity of many State Parties. This article argues that the implementation of local content requirements by State Parties, …

Data Privacy, Human Rights, And Algorithmic Opacity, Sylvia Lu

Fellow, Adjunct, Lecturer, and Research Scholar Works

Decades ago, it was difficult to imagine a reality in which artificial intelligence (AI) could penetrate every corner of our lives to monitor our innermost selves for commercial interests. Within just a few decades, the private sector has seen a wild proliferation of AI systems, many of which are more powerful and penetrating than anticipated. In many cases, AI systems have become “the power behind the throne,” tracking user activities and making fateful decisions through predictive analysis of personal information. Despite the growing power of AI, proprietary algorithmic systems can be technically complex, legally claimed as trade secrets, and managerially …

Caliphs, Jinns, And Sufi Shrines: The Protection Of Cultural Heritage And Cultural Rights Under Islamic Law, Eleni Polymenopoulou

Emory International Law Review

This Article examines the position of the Islamic legal tradition on arts and cultural heritage, including its pitfalls, and argues that a better understanding of Muslim state practice is needed to enhance the protection of cultural rights in the Muslim world. This can further facilitate collaboration between Muslim states and inter-governmental bodies working in the field of culture; implement better accountability mechanisms under international criminal law, as well as; to contribute to the fight against terrorism. In addition, the author submits that Islamic law is not necessarily an appropriate platform to enhance cultural rights and cultural heritage in the Muslim …

Selected Works, Abdullahi An-Naim

Emory International Law Review

No abstract provided.

Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw

Articles by Maurer Faculty

This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The question of whether caste discrimination is a form of race or national origin discrimination under Title VII or Section 1981 depends upon how the courts apply these definitions to caste discrimination based on untouchability. There are legitimate arguments that this form of discrimination is recognized within the concept …

“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp

Seattle University Law Review

This Note explores China’s repressive actions against the Uyghur population and calls upon the U.S. to address these human rights violations. Part I discusses the background and human rights violations in Xinjiang, also known as the Xinjiang Uyghur Autonomous Region (XUAR). Part II addresses U.S. economic regulations and sanctions imposed against actors involved in Xinjiang’s forced labor industry. Part III analyzes previous U.S. strategies and sanction regimes implemented to combat human rights violations in other countries. This Note recommends that the U.S. implement a more robust multilateral framework to combat the Xinjiang cultural genocide and impose secondary sanctions against China …

The United States Is Enabling An Outer Space Arms Race: An Overview Of The Current Framework And Recommendations For Abating An Outer Space Arms Race, Valerie Shmigol

Seattle University Law Review

This Note explores the possibility of future armed outer space conflict as global powers create and test counterspace weapons. Part I of this Note overviews current space security threats, focusing on China, Russia, Iran, and North Korea’s capabilities. Part II provides a primer on international agreements governing outer space. The 1967 Outer Space Treaty serves as the legal framework for outer space activities; however, it is woefully inadequate in addressing escalating tensions. Finally, Part III provides recommendations and advocates for the United States to revise its position, which seeks voluntary “transparency and confidence building measures.”

Power, Exit Costs, And Renegotiation In International Law, Timothy Meyer

Faculty Scholarship

Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreeing to formal provisions that raise the cost of exiting an agreement. Exit costs - which promote the stability of legal rules - have distributional …

Front Matter

The International Lawyer

No abstract provided.

Governing The Purpose Of Investment Management: How The 'Stewardship' Norm Is Being (Re)Developed In The Uk And Eu, Iris H-Y Chiu

The International Lawyer

No abstract provided.

Compulsory Licensing Of Trade Secrets: Illegality Under International And Domestic Laws, Eric M. Solovy, Deepak Raju

The International Lawyer

No abstract provided.

Anatomy Of An Investor-State Arbitration: The Case Of Aguas Argentinas, Jeswald W. Salacuse

The International Lawyer

No abstract provided.

Front Matter

The International Lawyer

No abstract provided.

Assessing Legal Protection Of Biometric Data In China: Gaps, Principles, And Policy Recommendations, Qian Li, Jianyu Zhou, Jennifer S. Stevenson

Faculty Articles

The legal protection of biometric data is becoming an increasingly important issue in the information society. China attaches importance to the legal protection of biometric data. Over the past decades, the rapid development of digital technology has profoundly influenced Chinese information society. However, digital technology may also trigger substantial risks. In this article, we provide an in-depth examination of existing Chinese laws protecting biometric data. We explore general laws and facial recognition laws, administrative regulations, sector-based rules, judicial interpretations, regulatory documents, policy documents, and (draft) national standards. We find gaps in laws in China. Building on this analysis, we elaborate …

Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito

Journal of Race, Gender, and Ethnicity

No abstract provided.

Reparations, Or Hush Money?, Christina Glekas

Journal of Race, Gender, and Ethnicity

No abstract provided.

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto

Loyola University Chicago International Law Review

This article argues that the discipline and profession of international economic law has undergone a significant architectural change to focus on human rights law as both the premise and promise of the international economic system. Contrary to prevailing currents that focus on the irrelevance of the global economic system to realize human rights, this article argues that international economic law tools have already been converging within the last decade to authentically realize the Right to Development of individuals, groups, and populations. The Draft Convention on the Right to Development defines the right as the enjoyment, participation, and contribution of individuals, …

Boundary Blurring In International Law: Globalization, Climate Change, And Cooperation In The Indus Basin, Michael John Cornell

Loyola University Chicago International Law Review

This comment proposes that, to achieve better water cooperation in the Indus Basin, lawyers involved in hydropower development projects should factor into socio-legal research and policy-making as potentially transformative stakeholders. With climate change driving the steady reduction of shared glacially-sourced river waters in India, China, and Pakistan, the need for regional water cooperation has never been higher. The comment first considers the origins and mechanisms of the 1960 Indus Waters Treaty, signed between India and Pakistan, followed by the impact of the related 2013 Kishenganga Arbitration. Next, in light of the three countries' competing economic, political, and security interests, the …

The Indigenous Alternative: Tek, Lel, And Solutions For The Unsolvable, Cara Victoria Sawyer

Loyola University Chicago International Law Review

This comment addresses the intentional exclusion of Indigenous nations from the United Nations and, consequently, from the UNFCCC and subsequent climate regime. It cautions of the adverse consequences that have resulted from such exclusion, both to the warming planet and to all its human residents. Critics say that the climate regime has fallen woefully short of reaching its goals. However, this comment suggests that including Indigenous nations in substantial international climate change conversations and decisions could result in yet-to-be-made progress toward reducing global warming. The permanent position status that the Inuit people hold on the Arctic Council, for example, helped …

Table Of Contents

Loyola University Chicago International Law Review

No abstract provided.

Germany Takes Action On Corporate Due Diligence In Supply Chains: What The United States Can Learn From International Supply Chain Regulations, Kellie R. Tomin

Loyola University Chicago International Law Review

This comment addresses the United States' failure to pass comprehensive federal supply chain due diligence legislation. The United States presents itself as a global leader, but its failure to pass comprehensive supply chain due diligence legislation creates a gap in human rights due diligence that can lead to corporate human rights abuses. Although the United States has passed several human rights due diligence laws, a comprehensive federal law would be more effective at preventing corporate human rights abuses in the supply chains of business organizations that operate in the United States. This comment argues that American lawmakers should look to …

Settler Colonialism And Assimilative Education: Comparing Federal Reconciliation Efforts For Indigenous Residential And Boarding Schools In Canada And The United States, Holly Jacobs

Loyola University Chicago International Law Review

This article compares the historical development, purpose and legacy, and subsequent reconciliation and reparations efforts of Indigenous residential and boarding schools in the United States and Canada. In both nations, these schools comprised but one piece of a carefully crafted network of federal policies aimed at the removal, assimilation, and cultural genocide of Indigenous peoples, and as a result, had destructive and lasting effects on those they oppressed. By taking a comparative approach and examining the laws and policies surrounding boarding schools in light of settler colonialism, this article hopes to illuminate the efficacy of reconciliation efforts of each nation. …

Victims Of Violence: The Cyclical Military Takeover Of The Myanmar Government, Kajal Patel

Loyola University Chicago International Law Review

Myanmar has a long history of military coup d'6tat. In February of 2021, the Myanmar military took over the government. The military's existing presence in everyday government and Myanmar's 2008 Constitution provides the military the ability to do so. Since the government takeover, violence against citizens has escalated and is legally justified. Additionally, Myanmar has a long history of violence against Rohingya Muslims. Therefore, the recent takeover made this ethnic minority group more susceptible to being ongoing victims of violence. This comment argues that China could end the 2021 military takeover and has incentive to do so. Furthermore, this comment …

International Law Rules On Treaty Interpretation, Steven R. Ratner

Book Chapters

International law is central to the interpretation of both of the Brexit-related treaties. The TCA explicitly requires the parties and any dispute settlement body to interpret it according to the rules of interpretation of public international law, notably the 1969 Vienna Convention on the Law of Treaties (VCLT). The WA, and thus the Protocol, by specifying that any of its provisions concerning Union law or concepts must be interpreted in accordance with EU law (including the case law of the CJEU), implies that its many provisions not concerning EU law will need to be interpreted by the default rules of …

The Remote Nature Of International Trade Transactions, Tahirih V. Lee

Scholarly Publications

During the spring of 2020 through the spring of 2021 of the COVID-19 pandemic, most of the courses at the Florida State University College of Law were moved to Zoom in order to be taught remotely. This transition was painful and inadequate for many of the traditional-style law school courses. However, FSU's International Trade Transactions course, which has operated around a digitized transactional world for twenty years, smoothly transitioned to remote learning. As the teacher of this course, I would like to explore what students learn in that transactional world, and also how that learning helps the students after law …

Twenty-First Annual International Advocate For Peace Award, Honoring William Ury, Samuel Ditchek, Alexandra Sandler, William Ury

Cardozo Journal of Conflict Resolution

On March 11, 2022, the Cardozo Journal of Conflict Resolution presented the twenty-first annual International Advocate for Peace Award to William Ury. The following is a transcript of the event's speeches.

Passion Projects In Law Librarianship: A Belated Tribute To Igor Kavass And His Personal Mission To Acquire And Organize U.S. International Agreements, Loren Turner

Articles

In December 2020, Oona Hathaway, Curtis Bradley, and Jack Goldsmith, law professors at Yale, Chicago, and Harvard, respectively, published their article, The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis, in the Harvard Law Review. The article reveals that the U.S. executive branch consistently fails to comply with federal requirements to report and publish the international agreements it makes with foreign countries. As a result, Congress and the American public regularly lack access to legal information to which they are entitled under federal law. Additionally, Hathaway, Bradley, and Goldsmith identify a particular time when our already-inadequate access …