International Law Commons^™

Reinterpreting Article 9 Of Japanese Constitutional Law From The International Law Perspective, Hiroshi Saito

Japanese Society and Culture

This essay aims to demonstrate that the right of collective self-defense complements that of individual self-defense. Moreover, by exercising both rights of self-defense together, the ideals of the United Nations (UN) Charter and Japanese constitutional law can be implemented as stipulated.

However, this essay focuses on ensuring better consistency with the present time (synchronicity) rather than historical facts (historicity). Additionally, I have cited cases wherein the ideas and theories presented are controversial in academic circles. I cannot discuss them individually in this essay owing to space limitations, but I will consider them in a future opportunity. Finally, I would like …

The 2024 International Advocate For Peace Award Ceremony Honoring Dr. Richard Haass, Cardozo Journal Of Conflict Resolution

2023–2024 Flyers

No abstract provided.

The 2024 International Advocate For Peace Award Ceremony Honoring Dr. Richard Haass, Cardozo Journal Of Conflict Resolution

2024 Event Invitations

The Cardozo Journal of Conflict Resolution will present this year’s award to Dr. Richard Haass, President Emeritus of the Council on Foreign Relations and Senior Counselor with Centerview Partners. Dr. Haass chaired the multiparty negotiations in Northern Ireland that provided the 2014 Stormont House Agreement, earning him the 2013 Tipperary International Peace Award. Dr. Haass also served as the Director of Policy Planning of the U.S. Department of State under Secretary Powell from 2001 to 2003 during which he played a pivotal role in shaping U.S. foreign policy and addressing global challenges. He is the author or editor of fourteen …

Financing Reforms To Meet A Pivotal Moment In Global Health, Kevin A. Klock, Alexandra Finch, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

2024 will be the most important moment for global health since the World Health Organization’s founding in 1948, but only if states give major reforms their full political and financial backing. Bold new commitments in disease surveillance, capacity building, and more equitable access to health products cannot be achieved without ample and sustainable funding. In this essay, we discuss major reforms found in the emerging pandemic agreement and reformed International Health Regulations and then explore the significant challenges and opportunities for financing them.

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Editor's Note, Shade Streeter, Reagan Ferris

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

El Salvador’S Bitcoin Bond Is Finally Here!, Douglas Notaris

Cardozo International & Comparative Law Review (CICLR) Blog

In 2021, President Nayib Bukele of El Salvador had a bold vision for the nation. He aspired for El Salvador to transform into a “bitcoin haven.” Now, what does this mean, you may be wondering? Well, it all traces back to the enactment of the “Bitcoin Law” on September 7, 2021. With the passage of this law, El Salvador became the first, and still the only, country to designate Bitcoin as legal tender.This meant that every Salvadoran business was obligated to adopt Bitcoin for transactions, taxes could be settled using Bitcoin, and the government had the capacity to disburse subsidies …

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2023–2024 Flyers

No abstract provided.

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2024 Event Invitations

On January 26, the International Court of Justice (ICJ) issued a provisional measures order in the case of South Africa v. Israel. This case has been the focus of significant attention.

Join legal scholars with extensive backgrounds in international humanitarian and human rights law in discussing the legal implications of the ICJ’s role in the ongoing conflict.

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2024 Event Invitations

On January 26, the International Court of Justice (ICJ) issued a provisional measures order in the case of South Africa v. Israel. This case has been the focus of significant attention.

Join legal scholars with extensive backgrounds in international humanitarian and human rights law in discussing the legal implications of the ICJ’s role in the ongoing conflict.

Comment On Otp Environmental Crimes Policy, Frank Rosenblatt, Shruti Bedi, Philip D. Cave, Giovanni Chiarini, Anne Dienelt

Journal Articles

This letter transmits the views of the National Institute of Military Justice (NIMJ) regarding the ICC Office of the Prosecutor’s Environmental Crimes Policy.

Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Case Of The "Caracazo" V. Venezuela, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Contreras Et Al. V. El Salvador, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Duque V. Colombia, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

García Asto And Ramírez Rojas V. Peru, Celene Afari

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Moya Chacón Et Al. V. Costa Rica, Gursimran Bhullar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Pavez Pavez V. Chile, Rachana Reddi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Corruption And Competition: The Wrong Goal In Football, Melody Mohammadi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Future Of Transnational Surrogacy: Where Do Italy And The Uk Stand Now?, Elleme Ko

Cardozo International & Comparative Law Review (CICLR) Blog

The images of thousands of abandoned babies around the world gave the transnational commercial surrogacy market a global spotlight in 2020 when COVID-19 travel bans hit. As borders closed, intended parents or “fertility tourists” were unable to claim newborns born to surrogate mothers in Russia, Ukraine, the United States, and elsewhere. Babies were left for months in hospitals, orphanages, or in the hands of surrogacy agencies. “‘The image’—of the [commercial surrogacy] industry— ‘was really bad.’” Much attention has been paid to the effects of abortion regulation and access to contraception on women’s reproductive freedom. However, the politics of pregnancy through …

Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks

Arkansas Law Review

This Note will offer a plan for how Indian country can move forward in the wake of what anti-tribal sovereignty entities want to be a devasting decision. This Note advocates for a judicial remedy plan. Specifically, it calls upon lower courts to narrow Castro-Huerta from below to limit the effects of the decision. Part II provides a brief introduction to federal Indian law, a general overview of criminal jurisdiction in Indian country, and concludes with a summary of Castro-Huerta. Part III outlines two approaches to limiting that lower courts can use to narrow Castro-Huerta from below: textual limiting and fact-to-fact …

Unpacking Brazil’S Amendment To The Bankruptcy And Reorganization Act, Aaron Hemmings

Cardozo International & Comparative Law Review (CICLR) Blog

Brazil recently enacted significant amendments to its Bankruptcy and Reorganization Act through Federal Law No. 14,112/2020, which introduced substantial changes to the provisions laid out in Federal Law No. 11,101/2005. This legislation was initially crafted to facilitate the restructuring of insolvent businesses under court supervision, taking inspiration from the United States' Chapter 11 Bankruptcy. Chapter 11 serves as a blueprint for Brazil's Bankruptcy and Reorganization Act, focusing on the reorganization of a debtor's business affairs, debts, and assets. The primary objective of companies filing Chapter 11 bankruptcy is to secure time for debt restructuring and initiate a fresh start. The …

The Insidious War Powers Status Quo, Rebecca Ingber

Articles

This Essay highlights two features of modern war powers that hide from public view decisions that take the country to war: the executive branch’s exploitation of interpretive ambiguity to defend unilateral presidential authority, and its dispersal of the power to use force to the outer limbs of the bureaucracy.

South Asia/Oceania & India, Kavita Mohan, Aseem Chawla, Kriti Jaiswal, Tushar Rustgi, Jonathan Blank, Namrata Patodia Rastogi, Arshad Paku Khan, Ebaad Nawaz Khan, Arunabh Choudhary, Aditi Joshi, Rishabh Rela, Amit Gupta, Katherine Maddox Davis

The Year in Review

No abstract provided.

Middle East, Kelly Blount, Howard L. Stovall, Mamoun Aidoud, Tania Tossa, Hassan Radhi, Noor Radhi, Nicolas Bremer, Joseph Busa Arop, Seyed Mohsen Rowhani, Jeremy Benjamin, Elad Sharabi, Sam Habbas, Ibrahim Sattout, Fouad Debs, Michela Cocchi, Ravinder Singh, Mansoor Malik, Khalid Rehman, Frank Lucente, Yessine Ferah, Anne Bodley

The Year in Review

No abstract provided.

Mexico, Oliver Fernando Buenrostro Figueroa, Bárbara Ávalos García, Matías Medina Sánchez, Susan Burns, Eduardo Sánchez Madrigal, Luis Armendariz, Alan Zamarripa, Ana Sofía Villa Hernández, Enrique García

The Year in Review

No abstract provided.

European Law, James Henry Bergeron, Serj Kiyasov, Matthew Soper, Konstantinos Tsimaras, Harry Stamelos, Valeria Camboni Miller, Willem Den Hertog

The Year in Review

No abstract provided.