International Law Commons^™

Current Energy And Energy-Related Services Negotiations Viewed From Developing Countries Legal Protection, Jonson Hutajulu

Indonesian Journal of International Law

This article aims to critically analyze current issues on energy services and energy-related services negotiation, viewed from developing countries legal protection on areas of energy production, transformation, transportation, distribution and sale of energy under the General Agreement on Trade in Services (GATS). Unfortunately, energy as an object of negotiation has been firmly agreed as goods, while markets on the aforementioned aspects reveal capacity gaps between developed and developing countries in order to reach efficient and fair energy services trade. Series of negotiations have been conducted creating scheduled of commitments among state parties interpreting GATS’ rules on affirmation enjoyed by developing …

Developing Standards For Psma 2009 Implementing Port And Its Implementation In Indonesia, Akhmad Solihin, Darmawan Darmawan, Muhammad F.A. Sondita, Ari Purbayanto

Indonesian Journal of International Law

The ratified countries of PSMA 2009 are mandated to determine their implementing port without specifying any particular standards. The presence of port standards will ensure the effectiveness of services in preventing and eradicating IUU Fishing. Therefore, standards are needed to optimize the main objectives of the 2009 PSMA, especially in Indonesia, an archipelagic country with diverse fishing port classes and different management systems between general cargo ports and fishing ports. The objectives of this research are (1) to develop service standards for ports implementing PSMA 2009 and (2) to examine the readiness of ports implementing PSMA 2009 to prevent IUU …

Common Heritage Of Mankind Beyond Treaty Provisions: Customary Or General Principle?, Agustina Merdekawati, Marsudi Triatmodjo, Irkham Afnan Trisandi Hasibuan

Indonesian Journal of International Law

The Common Heritage of Mankind (CHM) has become a prevalent principle adopted in international treaties governing objects and resources situated beyond national jurisdictions. Despite this widespread adoption, it is still a subject of debate whether it constitutes something more than a mere treaty provision that only binds state parties. This paper aims to analyze the position of CHM in the sources of international law, with a focus on analyzing its existence as a customary norm and a general principle of international law. There has been no international dispute involving CHM, which leaves the question of its position in international law …

The Dependent Nature Of Enlightenment And Capitalism: Discourse On How Civilization Needs Capitalism To Curb The Effects Of Enlightenment, Katriel Lee

Departmental Honors & Graduate Capstone Projects

This paper examines the interplay between the intellectual movements of enlightenment, the economic system of capitalism, and the manifestation of violent racist ideologies like antisemitism and anti-black racism. The core argument is that while the enlightenment ideals of reason, universality, and human dominance over nature inherently set the stage for categorizing and objectifying groups seen as deviating from the desired uniformity, the emergence of extreme racist violence like the Holocaust requires the additional factors of a failing capitalist economy and the rise of totalitarian governments. In the modern American context, racist thought persists in the more covert form of color-blindness. …

Remodeling The Fruitless Link Between The Security Council And The International Criminal Court: Why Amending The Un Charter Could Be The Greatest Tribute International Politics Has Ever Paid To International Law, Mickey Isakoff

Et Cetera

Established in 2002, the International Criminal Court (“ICC”) has become a symbolic cornerstone of international criminal jurisprudence—prosecuting and convicting individuals for the commission of genocide, crimes against humanity, war crimes, and crimes of aggression—collectively referred to as atrocity crimes.

One way the ICC can lawfully exercise jurisdiction is by referral—in the form of a resolution—from the UN Security Council. The language of Charter of the United Nations and the Rome Statute collaborate to provide an avenue for the Security Council to grant the ICC jurisdiction over atrocity crime situations. Such resolutions grant the ICC full jurisdiction over the suspected …

The Politics And Consequences Of State Secession, Olawale Olumodimu

St. Mary's Law Journal

This Article argues that the non-express prohibition of state secession in the Nigerian Constitution does not automatically allow component states to break away unilaterally. It appears the framers of the Constitution wanted to ensure political continuity and national unity rather than allow for Nigeria’s disintegration. Beyond Nigeria, international law only allows unilateral secession in the context of decolonization and the people’s right to self-determination.

Nigeria has a responsibility to provide self-determination to its citizens; however, secession is not a legal channel to seek self-determination in the absence of targeted, widespread, or systemic criminal acts committed by or on behalf of …

Foreign Subsidy Regulation – Will The United States Follow The European Union, Or Lead From Behind?, Hannah Perez

Cardozo International & Comparative Law Review (CICLR) Blog

Back in December of 2022, the European Union (EU) adopted the Foreign Subsidies Regulation which requires notification and approval for certain mergers and other deals that ‘distort’ the internal market through receipt of foreign subsidies. One of the central concerns for the European Commission (Commission) in adopting this rule was curbing the “unfair advantage” that subsidies create over domestic companies in attempting to win contract bids. This regulation went into effect in July 2023 and has recently been put to work with the first in-depth foreign subsidy probe of the Bulgarian Ministry of Transport and Communications’ contract to acquire twenty …

Where Do Families Come From? The Law Of Family Definition, Katharine Baker

BYU Law Review

Why does the law recognize families? Sometimes family recognition serves to foster cooperative communities in which sharing norms, more than the market or the government, determine rights and obligations. These communities often take care of dependents and serve as important sources of individual self-determination and pluralism. At other times, family delineation serves a corrective purpose, when it forces family members who are not sharing with each other to do so. At still other times, family delineation serves a distributive purpose, as when the law uses “family” definition to distribute resources to determine an intended beneficiary. This use of “family” for …

The European Case For Kosovo, Serbia, And North Macedonia: A Western Balkan Focus, Logan Michael Kase

Helm's School of Government Conference - 2021-2024

European integration of Western Balkan territories currently faces high-tension ethnic and religious antagonism between Serbia, Kosovo, and North Macedonia. The Balkans have been dealing with a cauldron of simmering ethnic internal battles that have lingered for decades. Years of Serbian and Kosovo contention severely setback the accession timeline, therefore, affecting further the integration of its neighbor North Macedonia. The European Union demands all disputes and corruption measures settled, per regulation standards set by the enlargement package from the commission. Key regional players’ sphere of influence becomes an interesting variable during policy discussions leaving a path to full European integration reliant …

Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg

Helm's School of Government Conference - 2021-2024

History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?

The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.

This work analyzes the interaction between the Chinese government …

“Home Court Advantage: Comparing International Criminal Tribunals To Domestically-Grown Reconciliation”, Elise Treon

Honors Thesis

Scholars have studied wars and their causes for centuries, but what happens when the tanks roll out and the guns stop firing? The concept of reconciliation is a relatively new field of study in international relations, and the scholarship of specific transitional justice mechanisms remains underdeveloped. I comparatively analyze the differences between external and internal peacebuilding strategies – specifically the effectiveness of international tribunals in establishing long term deep reconciliation. In defining internal and external transitional justice mechanisms, I differentiate between a reconciliation process that prioritizes rebuilding citizens’ lives over one that prioritizes the desires of the international community. It …

Recognizing And Enforcing Foreign Nation Judgments: The United States And Europe Compared And Contrasted - A Call For Revised Legislation In Florida, Juan Carlos Martinez

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Chagos Archipelago: A Failure Of International Law To Protect Powerless Peoples, Cali Smith

Cardozo International & Comparative Law Review (CICLR) Blog

The opening act of 2024 featured David Cameron, the United Kingdom’s (UK) latest Foreign Secretary, dashing the hopes of a displaced people; the island natives of the Chagos Archipelago. The Chagos islanders (Chagossians) have waged a decades long battle for the right to return to their homeland, from which they were forcibly removed in the 1960’s and 70’s. The former Foreign Secretary, James Cleverly, indicated that the UK was in negotiation regarding the resettlement of the Chagossians to their native islands. However, on January 9, 2024 Cameron stated that the return of the Chagossians to their islands was “not possible.” …

The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk

Global Tides

This paper will look at the development of international law in relation to crimes against humanity. First, juridically applied at the Nuremberg Trials, crimes against humanity has historically offered a compelling juxtaposition between naturalist and positivist law. Hence, this paper attempts to shed light on these juxtapositions, as seen by the respective arguments taken up by the Allies and Germany at Nuremberg. Likewise, this paper will illustrate the complexities within the definition itself. Finally, this paper will clarify the differing definitions taken up at the various tribunals following Nuremberg, leading up to the Rome Statute. It is a hope, that …

An Originalist Approach To Puerto Rico: Arguments Against The Status Quo, Micah Allred

Notre Dame Law Review Reflection

Few originalists have grappled with a fundamental question about Puerto Rico: whether the Constitution permits the United States to hold the island indefinitely as nonstate territory. There are reasons to doubt that it does. The main purpose of the Constitution’s territorial provisions was to allow Congress to transition the then West-ern Territory into states. And, as a structural matter, Congress’s direct authority over Puerto Ricans conflicts with important constitutional principles such as federalism. But for originalists, arguments from purpose and structure are helpful only insofar as they elucidate the original meaning of the Constitution’s text. This Article lays out two …

Proportionalities, Youngjae Lee

Notre Dame Law Review Reflection

“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Grayson Shade Walker

Emory International Law Review Symposia

No abstract provided.

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Grayson Shade Walker

Emory International Law Review Symposia

No abstract provided.

Escalating Conflict-Related Sexual And Gender Violence In The Ongoing Sudan Conflict, Agnes Poplawski

Cardozo International & Comparative Law Review (CICLR) Blog

Since its independence from Great Britain and Egypt in the late 1950s, Sudan has been in a state of perpetual internal conflict. When Omar al-Bashir seized power and became Sudan’s president in 1989, the state had split into northern and southern Sudan, resulting in South Sudan’s secession. Sudan’s economy began to deteriorate, mass street protests erupted, and the military-civilian government was soon created and overthrown in 2021 when General Abdel Fattah al-Burhan took over. Since this time, the country had been run by a council of generals led by two military figures from opposing groups, bringing us to Sudan’s current …

Existing Challenges And Possible Pathways For Case Success In Climate Litigation With Human Rights Claims, Daniel Ziebarth

St. Mary's Law Journal

No abstract provided.

The World Health Organization Was Born As A Normative Agency: Seventy-Five Years Of Global Health Law Under Who Governance, Lawrence O. Gostin, Benjamin Mason Meier, Safura Abdool Karim, Judith Bueno De Mesquita, Gian Luca Burci, Danwood Chirwa, Alexandra Finch, Eric A. Friedman, Roojin Habibi, Sam F. Halabi, Tsung-Ling Lee, Brigit Toebes, Pedro Villarreal

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were …

Gender Quotas For Boards Of Directors: Norway And The United States, Lucy Paiste

Cardozo International & Comparative Law Review (CICLR) Blog

Despite unprecedented progress for women in the workplace, at the highest rung of the corporate ladder, the status quo remains. Women now account for more than half of the college-educated workforce in the United States and more than half of all currently enrolled law students. Looking further up, however, progress is slower. In 2023, for the first time in history, female CEO’s outnumbered CEO’s named John. Globally, women only occupy twenty percent of seats on corporate boards. More educated women participate in the corporate world at higher rates than ever, but what explains deficient representation at the top?

This post …

Cardozo International And Comparative Law Review Presents: Disability Justice Under International Human Rights Law, Cardozo International And Comparative Law Review, Benjamin N. Cardozo School Of Law

2023–2024 Flyers

No abstract provided.

Aligning United States Law With International Norms Would Remove Major Barriers To Protection In Gender Claims, Karen B. Musalo Prof.

Faculty Scholarship

The protection of women and girls fleeing gender-based harms has been controversial in the United States (US), with advances followed by setbacks. The US interpretation of particular social group and its nexus analysis, both of which diverge from guidance by the United Nations High Commissioner for Refugees (UNHCR), is the most significant barrier to protection. It has become almost impossible for women and girls to rely upon the particular social group ground because of current requirements that social groups not only be defined by immutable or fundamental characteristics, but also be socially distinct and have particularity. Establishing nexus is also …

Protecting Humanity's Cradle Of Civilization: Advancing The Right To Self-Determination For Indigenous Peoples In The Middle East & South Caucasus, Lisabelle Panossian

Northwestern Journal of Human Rights

During this paper’s drafting, an indigenous people’s independent government collapsed. For over thirty years, the Republic of Artsakh was a de facto independent region inside the internationally-recognized borders of Azerbaijan. The region comprised of an indigenous Armenian majority—until September 2023. In December 2022, Azerbaijani authorities blocked the only road that connected Nagorno-Karabakh to the outside world. This blockade resulted in shortages of food, medical supplies, and fuel, the severity of which was especially felt during a harsh winter.

After experiencing starvation and preventable medical complications under a nine month-long blockade, the Azerbaijani government launched a military incursion on the Republic …

International Space Law In A New Space Age: What Laws Will Regulate Space Mining And Nasa’S Gateway Program?, Hannah Kirby

The International Law Review Association Student Forum

Since the late 1960s, international space law has promoted the peaceful use of outer space between countries. But international space law is insufficient to effectively govern novel outer space activities like space mining and NASA’s Gateway Program (a program between several countries to build an international space station that will orbit the moon and conduct missions to Mars). International space law is general, lacks enforceable repercussions, and leaves the door open for countries to create national laws which could result in the commercialization and destruction of celestial bodies like the Moon and Mars. This Comment explores the history of international …

Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, C. John Cox

SLU Law Journal Online

In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.

International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb

Sabin Center for Climate Change Law

With the impacts of climate change intensifying, and progress in reducing the greenhouse gas emissions that cause it continuing to lag, the parties to the Paris Climate Agreement have emphasized the need to accelerate efforts to remove carbon dioxide from the atmosphere, while simultaneously curbing emissions. As the parties have recognized, the ocean is already a major carbon sink, and could play an important role in future carbon dioxide removal (“CDR”) efforts. Scientists have proposed a variety of ocean-based CDR approaches, but most require further research to fully evaluate their efficacy, benefits, and risks. In-ocean testing of the approaches, and …

Noncompete Agreements In A Rigid Labor Market: The Case Of Italy, Lorenzo G. Luisetto, Tito Boeri, Andrea Garnero

Law Faculty Articles and Essays

Noncompete agreements limiting the mobility of workers have been found to be widespread in the United States, a flexible and lightly regulated labor market. We explore the use of noncompete agreements in a rigid and highly regulated labor market, where labor mobility is low, and the labor market is highly regulated via legislation and collective bargaining. Based on a novel survey of Italian workers and an analysis of the regulatory framework, our study shows how trends and patterns in the use of noncompete agreements are not specific to a flexible labor market. Even in a rigid and highly regulated labor …

A Psa On The Csaa: How The Child Soldiers Accountability Act Should Guide The United States’ Approach To Criminalizing The Recruitment Of Minors Into Gangs, Chandler Marshall

Washington and Lee Journal of Civil Rights and Social Justice

The use and recruitment of child soldiers in situations of armed conflict has been widely documented over the past century, discussed in the media and in academia, and condemned by prominent members of the international community. Beginning in the 20th century, international legal frameworks were developed to protect children in vulnerable communities across the globe and punish those responsible for their recruitment in regions of armed conflict. While the international community and the United States have taken great strides to protect children from recruitment and militarization, the United States lacks any effective domestic laws to protect vulnerable children on American …