International Law Commons^™

Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, Lauren Schwab

Immigration and Human Rights Law Review

Universal jurisdiction is a tool that allows States to prosecute perpetrators of heinous crimes, even when the crimes are seemingly unrelated to the prosecuting country. While the principles of universal jurisdiction are not a new concept, the frequency at which universal jurisdiction is used has rapidly increased. The explanation for this explosion in the use of universal jurisdiction is a direct product of the extradition of Chilean dictator Augusto Pinochet to Spain for war crimes and genocide. While Pinochet’s case ended long ago, the impact it left on the international legal community will live on for decades to come. This …

Advancing Human Rights Education In The United States: A Call For Action In The Public Education System, Shannon M. Conroy

Immigration and Human Rights Law Review

Human rights education is education about, through, and for human rights. In 2004, the United Nations General Assembly implemented the World Programme for Human Rights Education. The World Programme provides global coordination for human rights education and promotes a common understanding of human rights education. Over the last twenty years, the United States failed to implement either federal or state human rights education programs. This article examines the academic and international discussion about human rights education for students in the United States, and argues for the need for stronger human rights education in public primary, secondary, and higher education institutions …

Decriminalization Of Sex Work In The United States: Protecting The Right To Bodily Autonomy And Health, Taiylor Ryan

Immigration and Human Rights Law Review

Despite the legalization and reluctant acceptance of pornography and sites like OnlyFans, the United States continues to criminalize sex work. While the work that sex workers perform is similar to that of pornography or OnlyFans, sex workers are not afforded the same protections under the law. As a result of criminalization, sex workers are forced to work in unsafe conditions. Fear of facing criminal charges keeps sex workers from turning to the police when they need help or need to report a crime. Criminalization also adds to the stigma surrounding sex work, creating barriers that prevent sex workers from receiving …

Gender Pay Gap: Human Rights Violations Against Mexican Women Under The Cedaw And Udhr, Valerie M. Garcia

Immigration and Human Rights Law Review

The gender pay gap is an ongoing reality for women in Mexico, where domestic human rights commissions have reported it to be 76.5% as of 2023. As one of the Latin American countries with the highest gender pay gap, this paper analyzes the extent of government efforts to narrow the gap throughout different presidential administrations. Contemporaneously, the role of cultural machismo in Mexican society was examined to determine its impact on legal drafting and application for the benefit of women. The findings showed that cultural machismo and a passive government have impeded the closing of the gender pay gap and …

Brotherhood Or Bloodshed?: The Deprivation Of Human Rights Through Hazing Rituals, Emma Kalucki

Immigration and Human Rights Law Review

Hazing has claimed the lives of hundreds of victims and is inflicted upon thousands more each year. Governments worldwide have worked to create laws prohibiting hazing and punishing those who inflict abuse upon others. But they have not worked hard enough.This article explores the human rights violations normalized through the continued, widespread practice of hazing. It first dives into the history of hazing practices within the United States, Portugal, and Thailand, focusing on hazing occurring within universities and affiliated organizations. Next, through an examination of national and international laws, this article criticizes the lack of each respective government’s action to …

Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese

Genocide Studies and Prevention: An International Journal

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of …

25 (2024) Masthead

San Diego International Law Journal

No abstract provided.

The Protection Of Legitimate Expectations In International Law, Halil Rahman Basaran

San Diego International Law Journal

The argument of this Article is that international law has still not reached a stage wherein the protection of legitimate expectations can become a general principle of law. In that respect, the most favorable terrain for the protection of legitimate expectations, namely, inter-state negotiations, still largely remains outside international law. In pursuing this argument, this Article first examines the notions of national sovereignty, legal institution and inter-state boundaries. This paper then looks at the notion of general principles of law and highlights the principle of equity. Finally, the Article discusses the Bolivia v. Chile case and places international investment law …

Saving Genus Claims For Antibody Patents: What We Can Learn From The Foreign Jurisdictions, Ningxi Sun

San Diego International Law Journal

In the United States, therapeutic antibodies play a key role in the innovations for life-saving therapies. Genus claims—broad claims that cover a group of related species – are widely used in antibody patents, allowing the patentee to obtain broad protection of their inventions. However, a recent line of Federal Circuit decisions has created a higher bar to obtaining patent protection for antibodies. Specifically, it is now nearly impossible to maintain an antibody genus claim. Noteworthy, the United States’ treatment for antibody claims is diverging from other major jurisdictions in the world.

This Article argues the Supreme Court and Congress should …

Has Russia Killed Article 2(4)? Evaluating The Effectiveness Of The Prohibition Of The Use Of Force In The Conduct Of International Affairs, Dr. Graham Melling

San Diego International Law Journal

The February 24, 2022 invasion of Ukraine by Russia represents an unambiguous breach of the United Nations Charter´s prohibition of the use of force. The significance of the prohibition of the use of force between States cannot be overstated and is recognised in practice and legal doctrine as being “one of the core values of the international community”. However, argument has been made that the United Nations Charter´s rules prohibiting the use of force are no longer relevant to the conduct of international affairs, especially involving major powers. It could be argued that by their conduct States have repudiated the …

Is Organized Gambling A Threat To The Integrity Of Transnational Individual Sport Competitions?, Ilias Bantekas

San Diego International Law Journal

Match-fixing is egregious at the mid and lower tiers of professional and semi-professional individual sports, particularly, if not exclusively, where the relevant governing body allows real time gambling of matches and tournaments at these lower tiers. Evidence demonstrates that in sports such as tennis and badminton, the bulk of the prize money is distributed to a small minority of athletes at the top tier and instances of match-fixing there are rare as a result. There are, however, many thousands of athletes at the lower tiers that are unable to make ends meet and whose expenses far outweigh any meagre prize …

Equity And Sustainable Development Under Climate Regime Of Bangladesh, Mahatab Uddin

San Diego International Law Journal

Equity and Sustainable Development are two important guiding principles of the international climate regime formed under the umbrella of the United Nations Framework Convention on Climate Change (UNFCCC) 1992. All international legal instruments concluded under the climate regime, including the recently adopted Paris Agreement, have acknowledged these two principles as their guiding principles. Consequently, all countries or parties to the UNFCCC and Paris Agreement require integrating these two principles with their national level climate change related laws and policies. Bangladesh, as a party to the UNFCCC and all other subsequent instruments including the Paris Agreement, is also required to incorporate …

Outsmarting Smart Devices: Preparing For Ai Liability Risks And Regulations, Kathryn Bosman Cote

San Diego International Law Journal

As AI technology continues to advance rapidly, establishing a new model for AI regulation will be crucial to protect both companies and consumers. The U.S. must consider consumer safety as well as innovation-conducive policies when assigning liability to AI. By using EU regulatory guidance as a starting point, this paper argues that a multi-tiered liability scheme coupled with a Uniform AI ethical framework and the creation of an independent AI regulatory agency would aid the U.S. in striking the right balance to effectively combat the risks posed by AI and IoT.

Help The People Help The Governments Help The Planet: Using Markets To Meet The Goals Of The Paris Agreement, Rachel Braby

San Diego International Law Journal

The urgency of the climate challenge requires that we address it in every way we can. Yet, current domestic regulations are insufficient to rise to the occasion, and there appears to be no plan geared toward harnessing the power of collective consumer action to supplement government efforts and push industries in the private sector to engage in greener practices. A majority of developed nations have mixed market-driven economies, and in such economies, consumers have immense power to drive change. Paris Agreement nations with mixed market-driven economies should incorporate a strategic plan in their next NDCs that “represent[s] a progression” beyond …

International Conformity To The Standard Minimum Age Of Criminal Responsibility: Comparing The Minimum Age Of Criminal Responsibility To The Minimum Legal Age Of Marriage, Malea Casillas

San Diego International Law Journal

As this data shows, countries across the globe, irrespective of culture, comply with and uphold the international MLAM. In contrast, they simultaneously fail to agree to the international MACR. The universal conformity with the international MLAM demonstrates that countries understand the negative consequences of marriage at a young age and care to protect children against child marriage. However, the even lower MACRs across the globe indicate that most of our world values prosecution over protection and likely sees offender first and child second.

This Comment will argue that MACR and MLAM should be recognized as similar legal concepts that are …

Free Speech Censorship In The Philippines: The Push To Decriminalize Libel, Carter Cordura

San Diego International Law Journal

Philippine criminal libel law is unjustly being used to suppress and censor the media and press; libel should be decriminalized and redefined to uphold the ideals of due process and freedom of expression enumerated in the Philippine Constitution.

This Comment takes a deep dive into Philippine libel law and argues for its decriminalization and redefining from an international perspective.

Fairness At The Forefront: Transgender Athlete Participation In The Olympics, Baylee Swidler

San Diego International Law Journal

This Article will examine how the IOC framework has developed over the years, focusing specifically on where it is now, and how it affects transgender athletes, cisgender athletes (athletes whose biological sex matches their gender identity), and future athletes. Players worldwide are affected differently by the decisions of each International Federation, depending on whether fairness or inclusion is prioritized. Sport at lower levels can be significantly influenced by the independent regulations of each sport federation, even for younger athletes. My proposal, rather than simply stating that reform is necessary after the implementation of the IOC 2021 framework, is instead, to …

The International Centre For The Settlement Of Investment Dispute (Icsid) Annulment Reform: A Lesson Learned From The World Trade Organization Struggle, Putu George Matthew Simbolon, Tiurma Mangihut Pitta Allagan

Indonesian Journal of International Law

This article expresses how ICSID can learn from the WTO’s current struggles due to the Appellate Body vacuum. To achieve that, this article consists of three discussions. The first discussions analyze the uncertainties caused by the vagueness of International Investment Law’s (IIL) absolute standards, due to the absence of a multilateral investment treaty. The second discussion expresses the elements of the Multi-Party Interim Arbitration Arrangement (MPIA Arrangement) that shall be taken into account by ICSID. The third discussion provides how the current ICSID annulment mechanism shall be reformed. Those issues are answered through doctrinal research in a prescriptive manner. In …

Reinterpreting The Normal Mode Of Submarine In Archipelagic Sea Lane Passage, Pornomo Rovan Astri Yoga, Indra Alverdian

Indonesian Journal of International Law

Today, many experts of maritime powers take it for granted that a foreign submarine has the right of submerged passage in an archipelagic sea lane. By using the 1969 Vienna Convention on the Law of Treaties (VCLT) as a tool of interpretation, this paper tries to decipher whether a submerged passage is permissible or not in archipelagic sea lane passage. This paper found that the submerging in an archipelagic sea lane passage is not a generally accepted interpretation of “normal mode” in Article 53 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The writers discovered …

“Red Soles” And Search Engines: Louboutin Trademark Lawsuit Proves Chatgpt Is Unreliable Evidence Of Secondary Meaning, Gianna Policastro

Cardozo International & Comparative Law Review (CICLR) Blog

Across the globe, high fashion fans recognize “red-soled” shoes as “more than a [mere] color. It’s an attitude.” Christian Louboutin “turned his trademark [red] shade into a[n] internationally recognized symbol of luxury[,] … passion, power, sensuality, love, vitality, and a certain stylish insouciance à la française.” Christian Louboutin created his eponymous brand in 1993, and the French designer has filed trademark applications for its “RED SOLE” mark in numerous countries, including “France, Mexico, Singapore, New Zealand, Australia, the [United States], Moldova, the Philippines, Cambodia, Laos, Brunei, Indonesia, Morocco, Bahrain, Chile, Israel, Switzerland, Vietnam, Malaysia, and India.” Given Louboutin’s global presence, …

Implementation Of The Cedaw In France And Indonesia: Challenges And Progress Towards A Unified Approach To Women's Rights, Louna Maret

Indonesian Journal of International Law

Almost fifty years after the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and 189 ratifications, it is interesting to analyze the progress and challenges remaining regarding a unified approach to women’s rights. This paper will focus on Indonesia and France, two countries with different cultural backgrounds and approaches regarding human rights. The research methods are mostly based on lectures of legal journal articles, papers, and recent periodic reports of the Committee that ensure the implementation of the CEDAW. After recalling the historical context of women’s rights in both countries to highlight the …

Effectiveness Of Marine Species At Risk Conservation Within The Unep Regional Seas Programme: Taking Stock And Charting Future Courses, Olga Koubrak

PhD Dissertations

The impending biodiversity crises demands urgent, effective action. The transboundary nature of many marine species at risk makes international law a necessary tool in this endeavour. The United Nations Environment Programme and its Regional Seas Programme consists of 18 individual progammes spanning the globe and bringing together 143 countries in regional collaborations. This research project evaluates potential effectiveness of four programmes within the Regional Seas Programme relative to each other on twelve elements looking at legal and institutional structure, as well as regional implementation. The four case studies cover the North-East Atlantic, Mediterranean, East Africa, and Caribbean regions. These programmes …

In Conversation About The U.S. Holocaust Memorial Museum’S New Mass Atrocity Prevention Training, Tatiana Varanko, Ann O’Rourke

Judicature International

No abstract provided.

Ensuring Climate Litigants’ Standing: Insights From National And International Climate Litigation, Florence T.B. Simon

Connecticut Law Review

In March 2023, the Intergovernmental Panel on Climate Change (IPCC) released its Sixth Assessment Report and confirmed unequivocally that human activities are the cause of climate change. Greenhouse gas emissions over the next few years are capable of causing irreversible and catastrophic damage to our planet. Catalyst litigation plays an important role in tackling climate change by prodding governments to assume a role in implementing adaptation and mitigation measures. Despite the extreme consequences that climate change will have on humanity, jurisdictional issues—such as standing—impose considerable hurdles for climate litigants. And these hurdles ultimately keep plaintiffs from obtaining a ruling, or …

Train Or Restrain? Using International Perspectives To Inform The American Fair Use Analysis Of Copyright In Generative Artificial Intelligence Training, Serena Lightstone

Northwestern Journal of International Law & Business

The rise of generative artificial intelligence (“AI”) has brought questions regarding the permissibility of using copyrighted materials in training generative AI systems around the globe. This article examines whether such use constitutes infringement under the American fair use doctrine, drawing insights from the regulatory approaches of the European Union (EU) and Japan.

Ultimately, this article advocates for United States courts to recognize the permissibility of using copyrighted materials in training generative AI models, rejecting the EU’s rights-holder-centric approach, and going beyond Japan’s limited-permissibility solution. Through a detailed four-factor fair use analysis, this article demonstrates that training generative AI on copyrighted …

The Goldilocks Dilemma In Terminating Treaties: The Case Study Of Brexit And Trade, Catherine Fabiano

Northwestern Journal of International Law & Business

Treaties are an essential source of international law, and they are permitted to be terminated. The rules governing termination, namely the 1969 Vienna Convention on the Law of Treaties, highlight two main goals of treaties: the stability and flexibility of agreements. Brexit highlights these goals and illustrates the tensions that arise. When parties terminate their treaties, they are ultimately stuck in a goldilocks dilemma. Essentially, the parties have to balance a combination of factors to achieve just the right outcome. The United Kingdom and the European Union were caught in this goldilocks dilemma which Brexit depicts. In the end, the …

From Within: The Influence Of Domestic Non-State Actors On China’S International Legal Policies, Chaoyi Jiang, Li Chen

Northwestern Journal of International Law & Business

Beijing’s growing global influence has led to increased Chinese participation in various international initiatives, many of which intersect with international law, from trade to climate change. This has prompted scholars to focus more on China’s engagement with international law, aiming to develop effective strategies for interacting with this emerging global power.

Any analysis of international law’s role in a domestic system must consider the relevant actors, their influences, the issues they address, and the prevailing legal regime. This article offers new insights into Chinese policy formation by examining how influential domestic groups impact decision-making on specific public international law issues, …

The Business Judgment Rule In Stakeholder Capitalism, Thiago Spercel

Northwestern Journal of International Law & Business

The tension between shareholder primacy and stakeholder capitalism embodies a fundamental debate about the purpose of a corporation. These two perspectives offer contrasting views on whether a company should primarily serve the interests of its shareholders or consider the broader spectrum of stakeholders in its decision-making process, taking into account environmental, social and governance factors alongside financial performance. The Dodd-Berle debate from the 1930s and Milton Friedman’s teachings in the 1970s regarding the purpose of a corporation and the tension between shareholder primacy and stakeholderism have been reinvigorated. On the one hand, ESG considerations have become increasingly important in risk …

Power Shift, The South China Sea Dispute, And The Role Of International Law, Youngmin Seo

Michigan Journal of International Law

The arena of the law of the sea has become a battlefield for Sino-American legal warfare, commonly referred to as “lawfare,” and it is in the tumultuous waters of the South China Sea where this fierce contest of great powers rages. The divergent perspectives on international law, particularly regarding maritime law, between China and the United States stem from the countries’ distinct historical experiences, memories, and outlooks. This inherent disparity in epistemology shapes their comprehension of the fundamental tenets of the United Nations Convention on the Law of the Sea (“UNCLOS”), specifically the conflicting notions of mare clausum and mare …

Climate Change And Human Health: A Synthesis Of Scientific Research And State Obligations Under International Law, Jessica A. Wentz

Sabin Center for Climate Change Law

This report synthesizes the latest scientific research on the human health effects of climate change and discusses the legal implications of this research, specifically with regards to State obligations under international law. In doing so, the report seeks to provide insights on issues to be analyzed by the International Court of Justice (ICJ) in its upcoming advisory opinion on the legal obligations of States with respect to climate change. It also seeks to enhance the capacity of judges, advocates, and governments to understand these issues in the context of current and future proceedings involving international law obligations related to climate …