International Law Commons^™

Removing Methane Via Atmospheric Oxidation Enhancement: The Legal Framework, Romany M. Webb, Martin Lockman, Korey Silverman-Roati

Sabin Center for Climate Change Law

To achieve the Paris Agreement’s goal of limiting the increase in global average temperatures to “well below 2 degrees Celsius,” and ideally 1.5 degrees Celsius, above pre-industrial levels, global greenhouse gas (“GHG”) emissions must reach net zero in the second half of the century. The global community is not currently on track to achieve net zero emissions. In fact, with the exception of a slight dip during the Covid-19 pandemic, emissions have risen steadily in recent years. This, together with the increasingly visible impacts of climate change, has prompted growing interest in the possibility of removing GHGs directly from the …

Sino-American Sanctions Convergence?, Ryan Martinez Mitchell

Cardozo International & Comparative Law Review

The People's Republic of China is rapidly constructing a new regime for economic and diplomatic sanctions. With its Anti-Foreign Sanctions Law (AFSL) and related legislation, Beijing has taken a step towards legally formalizing the means of pressure it uses against states, organizations, or individuals seen as threatening its core interests. Meanwhile, various informal coercive measures also continue to be employed. While questions remain about their scope and future uses, Beijing has especially extolled AFSL sanctions as countermeasures to U.S. interference.

This Article undertakes a detailed examination of the new Chinese sanctions framework, its historical origins, and its role in Beijing's …

The Thin Red Line: Neutrality And Belligerency In Modern Conflicts, Thibault Moulin

Cardozo International & Comparative Law Review

Since the invasion of Ukraine, Western states have faced a dual red line, i.e., at what point neutrality loss and co-belligerency occur. In this Article, I argue that neutrality law is still relevant regarding arms transfers and troop training, which are prohibited, but is often ill-suited to regulate activities like intelligence sharing, which is not subject to a specific treaty or customary rule. As this Article argues, this is because "impartiality" cannot be described as an abstract and autonomous rule, but rather as an umbrella principle underpinning the law of neutrality. It means that helping a belligerent is not ipso …

2024 Summer - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Summer 2024 issue of the CLIHHR Newsletter reflects on the Institute’s work amid escalating global human rights crises, including conflicts in Ukraine, Israel and Palestine, and Sudan. It highlights student advocacy on slavery and crimes against humanity, clinic collaborations at the United Nations, faculty engagement in international legal forums, the launch of a major report on slavery and the slave trade, and community achievements. The newsletter underscores CLIHHR’s commitment to atrocity prevention, survivor-centered justice, and human rights education.

Russian Irregular Forces: Pursuing Accountability, Susana L. Sacouto

Research Reports & White Papers

This memo examines the prospects of pursuing criminal charges against individuals involved in such groups through universal or other forms of jurisdiction that permit the prosecution of grave crimes committed abroad. Specifically, it seeks to identify opportunities to bring to account members of irregular armed groups, as well as public and private actors directing or supporting their criminal activity, particularly in Ukraine, by determining which jurisdictions would be most disposed to pursuing an investigation and, if warranted, a prosecution of their crimes.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 7, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.

Reaching An Aim Differently? Corporate Social Responsibility Regulation In Australia And India, Mia Mahmudur Rahim, Mohammad Abu Sayeed

Cardozo International & Comparative Law Review

Businesses incorporate corporate social responsibility principles mainly through voluntary and mandatory approaches. Advocates of the voluntary approach believe that companies can use charitable initiatives as a management tool to meet social and environmental expectations and that mandating Corporate Social Responsibility ("CSR") would not encourage companies to prioritize anything beyond profits. Opponents argue that without legal requirements to drive social responsibility, relying on companies to self-regulate would not effectively integrate social values into corporate behaviors. Instead, they suggest that legal regulation of CSR can offer a more effective strategy. This Article examines the limitations ofthese two approaches by analyzing Australia, which …

Nationality And Naturalizations In International Sports Law: Sports Federations As Gatekeepers, Ilias Bantekas

Cardozo International & Comparative Law Review

The institutional rules of International Sports Federations ("IFs") and the International Olympic Committee ("IOC") concerning nationality and its transfer therein are regulated by the Nottebohm safeguard, which requires the conferral of nationality under domestic laws to be consistent with international law for the conferral to be valid in the international legal sphere. The international sporting arenas qualify as international legal space, but the compatibility of naturalization laws with this legal space is regulated and enforced not by states, but by non-state entities, namely IFs and the IOC. These institutional rules possess a normative character because the pertinent stakeholders consent to …

The Complex Issue Of Taxpayer-Funded Crisis Relief For Religious Organizations: Exploring The Blurring Of Church And State And The Potential Role Of Germany's Church Tax, Sarah Batterman

Cardozo International & Comparative Law Review

The note explores the legal and ethical implications of providing taxpayer-funded crisis relief to religious organizations, particularly through the Paycheck Protection Program (PPP) during the COVID-19 pandemic. It highlights the tension between the Free Exercise Clause, which supports equal access to public benefits for religious groups, and the Establishment Clause, which prohibits government endorsement of religion. The note proposes that Germany's church tax system could serve as a model for a U.S. crisis relief program, allowing voluntary contributions to religious organizations without compelling taxpayer support, thus preserving individual religious liberty and compliance with constitutional principles.

Toward A Biometric Privacy Act To Protect Individual Rights: What The United States Can Learn From The European Union And China, Sophia Hilsman

Cardozo International & Comparative Law Review

The note examines the regulatory frameworks governing biometric AI technologies, particularly facial recognition, in the United States, China, and the European Union. It argues that the U.S. currently lacks comprehensive federal legislation to protect individuals' privacy and civil liberties in the face of advancing biometric technologies. The analysis advocates for a balanced regulatory approach that mitigates the risks of mass surveillance and erosion of privacy while allowing for beneficial uses of biometric AI. The author proposes that Congress should adopt federal legislation modeled after the EU's GDPR to establish a baseline for biometric data protection, ensuring consistency and stronger safeguards …

Race Against The Clock: A Comparative Analysis Of New York State's And Germany's Ambitious High-Voltage Transmission Sitting Laws And What New York Can Adopt From The German Model, Andrew Leahy

Cardozo International & Comparative Law Review

The note argues that New York should adopt elements of Germany's centralized regulatory model to streamline the approval and construction of high-voltage transmission lines, which are critical for meeting renewable energy goals. While both New York and Germany face similar challenges in expanding their grids, Germany's centralized approach, including federal oversight and coordinated planning, has proven more efficient. The note critiques New York's decentralized and uncoordinated process, suggesting that adopting Germany's methods could help New York meet its ambitious renewable energy targets and reduce reliance on peaker plants.

The Prohibition Of Annexations And The Foundations Of Modern International Law, Ingrid W. Brunk, Monica Hakimi

Vanderbilt Law School Faculty Publications

The international legal norm that prohibits forcible annexations of territory is foundational to modern international law. It lies at the core of three projects that have been central to the enterprise: (1) to settle title to territory as the basis for establishing state authority; (2) to regulate the use of force across settled borders; and (3) to provide for people within settled borders collectively to determine their own fates. Prohibiting forcible annexations is integral to each of these projects independently, and by tying them together, has had a transformative effect on the legal system as a whole. However, its significance …

The Prohibition Of Annexations And The Foundations Of Modern International Law, Ingrid Brunk, Monica Hakimi

Faculty Scholarship

The international legal norm that prohibits forcible annexations of territory is foundational to modern international law. It lies at the core of three projects that have been central to the enterprise: (1) to settle title to territory as the basis for establishing state authority; (2) to regulate the use of force across settled borders; and (3) to provide for people within settled borders collectively to determine their own fates. Prohibiting forcible annexations is integral to each of these projects independently, and by tying them together, has had a transformative effect on the legal system as a whole. However, its significance …

Consumer Litigant Finance And Legal Ethics: Empirical Observations From Texas, Anthony J. Sebok, Lynn A. Baker

Articles

A handful of states, including Texas, have Rules of Professional Responsibility which permit attorneys to provide cash advances to their own clients. In previous work, we suggested that if more states permitted law firms to offer this sort of funding to their clients it would increase competition within the consumer litigant funding market, to the benefit of consumers. We also hypothesized that relaxing these existing prohibitions would better enable tort claimants to decline low-ball settlement offers from defendants in one-off cases.

This Article offers some initial insights into these questions. It reports the findings of our modest empirical study involving …

The Price Of Consent, Zohra Ahmed

Faculty Scholarship

This Article demonstrates how hierarchies in the international economy and in international financial institutions have facilitated the U.S.-led Global War on Terror (GWOT). Using U.S.-Pakistan relations as a case study, it shows how the United States has deployed its powerful position at the International Monetary Fund (IMF) to claim Pakistan's consent for its military activities in the region. In the GWOT's first decade, beginning in 2001, the United States openly sought forcible regime change, as in Afghanistan and Iraq; in its second and (now) third decades, the United States has waged covert counterinsurgency campaigns allegedly against militant groups in Muslim-majority …

Penyelesaian Sengketa Investasi Internasional : Apakah Penyelesaian Dapat Dilakukan Melalui International Court Of Justice (Icj)?, Aisyah Hanifah Fathhurrohmah

Jurnal Hukum & Pembangunan

The International Court of Justice, also known as the ICJ, is the principal organ of the United Nations based in The Hague, Netherlands. This institution was established in 1945 to resolve disputes between countries peacefully. The authority of the International Court of Justice is divided into two categories: Ratione Personae jurisdiction, which pertains to who is eligible to bring a case to the ICJ, and Ratione Materiae jurisdiction, which concerns the types of disputes that the ICJ can handle. The ICJ's jurisdiction includes examining cases, providing opinions/advisories, and adjudicating disputes submitted to it. The ICJ is not limited to specific …

The Absence Of A Hegemonic State In The Yaounde Code Of Conduct Regime In The Gulf Of Guinea, Maulana Ammar Auliaur Rahman

Global: Jurnal Politik Internasional

In 2013, countries around the Gulf of Guinea established the Yaounde Code of Conduct as a maritime security regime to prevent and counter piracy and other maritime-related problems in the area. It turned out that numerous challenges made the Yaounde Code of Conduct unable to deal with the piracy problem in the area. This research, therefore, aims to explain the Yaounde Code of Conduct’s inability to deal with the problem using the Hegemonic Stability Theory, which is rooted in a power-based approach from international regimes study. By implementing explanative methods, the author argued that the absence of a hegemonic state …

Rights In Conflict: Examining Investment Treaty Arbitration And Intellectual Property Rights In The Wake Of Russia’S Invasion Of Ukraine, Grace Klutke

The Journal of Business, Entrepreneurship & the Law

This article examines how the armed Ukraine-Russia conflict opened a doorway for a wave of international arbitration via corporate actions against Russia for violating BIT obligations. To provide context for the suggested BIT arbitration against Russia, this article begins with a brief discussion of the historical background of this conflict and investor-state treaty arbitration. This article next pivots to analyze the applicability of investor-state treaty arbitration to compensate lost IP investments in three parts. Part I considers how investor-state treaty arbitration function with ongoing armed conflict and which investors may initiate investor-state treaty claims. Next, Part II reports on the …

United Nations: Will It Take The Road ‘Less Traveled’ In International Taxation?, Ashrita Prasad Kotha

Popular Media

Excerpt:

"We are amid what promises to be a significant moment in international tax law. Recently, an ad hoc committee of experts held extensive meetings in New York to draft the terms of reference for future work on international tax cooperation. The work responds to the UN General Assembly Resolution 78/230 passed in December 2023 which steers the path for UN to work towards a fully inclusive and effective international tax cooperation. The UN General Assembly Resolution was prompted by a resolution tabled by the representative of Nigeria on behalf of the African Group of countries.

[...]This ad hoc committee …

Genocide Memorialization Through Law In Bosnia And Herzegovina: Reconciling The Irreconcilable?, Carna Pistan

Genocide Studies and Prevention: An International Journal

This article focuses on the law banning genocide denial and other war crimes and the glorification of convicted war criminals imposed in Bosnia and Herzegovina by the former High Representative Valentin Inzko in mid-2021 to facilitate the country’s reconciliation process. It first positions the genocide denial ban into the vast category of memory laws by examining its content and scope, as well as the reactions and consequences it has provoked up to now. The article maintains that an internationally imposed memory law cannot create reconciliation in a deeply divided society. It shows, on the contrary, that the imposed legislation has …

Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase

Fordham Environmental Law Review

Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …

Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich

Fordham Environmental Law Review

When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …

Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao

Fordham Environmental Law Review

With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …

Windfall Taxes: The New Trend The United States Refuses To Take Part In, Maxwell Sears

Cardozo International & Comparative Law Review (CICLR) Blog

Russia’s invasion of Ukraine in 2022 resulted in a significant burden on Europe in regard to their energy sector. As a result of this conflict and the European Union’s (“EU”) subsequent restriction of oil and coal from Russia to the EU, the prices of the energy supply as a whole increased. However, companies in the EU were responsible for replacing much of the materials and energy that were once imported from Russia.

This post was originally published on the Cardozo International & Comparative Law Review on June 20, 2024. The original post can be accessed via the Archived Link button …

The Need For An International Ai Research Initiative: How To Create And Sustain A Virtuous Research-Regulation Cycle To Govern Ai, Kevin Frazier

Washington Journal of Law, Technology & Arts

This paper explains the need for an international AI research initiative. The current focus of lawmakers at the subnational, national, and international level on regulation over research has created an imbalance, neglecting the critical role of continuous, informed research in developing laws that keep pace with rapid technological advancements in AI.

The proposed international AI research initiative would serve as a central hub for comprehensive AI risk analysis, modeled on successful precedents like CERN and the IPCC. CERN exemplifies a collaborative research environment with pooled resources from member states, leading to significant advancements in particle physics. Similarly, the IPCC has …

“Humanizing” Economic Sanctions? Lessons From International Humanitarian Law, Nathanael Tilahun, Obiora C. Okafor

Articles & Book Chapters

No abstract provided.

That’S No Moon, It’S A Space Station: Determining Ownership Rights On The Moon At The Intersection Of International Treaty And Property Law, Abby Jones

Cleveland State Law Review

The Outer Space Treaty of 1967 asserts in no uncertain terms that no State Party to the Treaty shall claim any part of space, including any part of a celestial body like the moon. Outer space and all its components are the providence of humankind. But how can this be? As states and their private entities continue to expand the outer space market, there are plans for footholds like facilities and stations on the moon that will establish a permanent lunar presence. According to most interpretations of property law, this would establish at least some form of property right at …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.