International Law Commons^™

Negotiating Environmental Justice In Ukraine, Paul R. Williams, Sindija Beta

Case Western Reserve Journal of International Law

This Article examines the dynamics of negotiating environmental justice in Ukraine amid pressure from certain international actors for an Amnesty-Based Peace in Ukraine. While it is currently unclear how Russia’s war in Ukraine will end, it is likely that there will be significant discussion around forms of justice, including how to address the grave environmental damage Russia has caused in Ukraine. This Article looks at previous precedents of Amnesty-Based Peace in Angola, Haiti, and Uganda and decisions and commentaries by international actors to argue that appeasement has not fostered durable peace and is generally disfavored by judicial and non-judicial bodies. …

Introduction Of The 2023 Klatsky Endowed Lecture In Human Rights, Michael P. Scharf, Bruce Klatsky

Case Western Reserve Journal of International Law

No abstract provided.

"Other Inhumane Acts Of A Similar Character Intentionally Causing Great Suffering." Does Ecocide Fit Within The Bounds Of Crimes Against Humanity, Amanda Price

Case Western Reserve Journal of International Law

No abstract provided.

Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

The story of Russia’s membership in the Council of Europe now has a beginning, a middle, and an end. What can we learn about the values of this international organization, and its preeminent human rights convention, from Russia’s inclusion in them? Was Russia’s membership “worth it”? Any attempted answer must produce more questions: from which perspective – Russia’s, the Council’s, other Member States’ – should the effects of Russian membership be evaluated? How did the Council of Europe change Russia (if Russia was, indeed, changed) and how did Russia change the Council of Europe?

This paper examines the beginning of …

The Chinese Doctrine Of Fundamental Principles Of International Law: Comparison Of Soviet, Euro-American, And Chinese Theories Of International Law, Naoto Mochizuki, Keisuke Minai

American University International Law Review

A number of states in the former communist bloc, such as Russia, have adopted the doctrine of the fundamental principles of international law, which originated from the former Soviet Union. What is the concept of the fundamental principles of international law in China? This study elucidates the uniqueness of the fundamental principles in China by comparing doctrines of international law in the Soviet Union and Western countries with reference to descriptions in contemporary international law textbooks in China.

An Icy Invasion: Russia's Seizure Of The Norwegian Waters In The Arctic, Margaret Turchinski

American University International Law Review

Russia is aiming to expand its power in the Arctic Circle by acquiring unrestricted access to hydrocarbon reserves off the coast of the Norwegian Archipelago of Svalbard. Two bodies of international law govern Svalbard. The Svalbard Treaty of 1920 ascertains Norway’s sovereignty over the archipelago and permits the signatory nations, including Russia, to conduct commercial activities on the land and in the “territorial waters”. The United Nations Convention on the Law of the Sea establishes maritime zones that allow coastal states to claim exclusive rights to their territorial seas and continental shelf. Norway holds that “territorial waters” in the Svalbard …

Bigtechs And The Emergence Of New Systemically Important Financial Institutions: Lessons From The Chinese Experience, Christine M. Wang, Douglas W. Arner

Emory International Law Review

Over the past two decades, the emergence of giant technology firms (Bigtechs) has disrupted the traditional way that financial markets operate. These technology giants have leveraged network effects, massive amounts of data, and extensive customer bases to expand into the financial sector and rapidly achieve economies of scale and scope. The expansion of Bigtechs into finance has reinforced the pre-existing trends of digitalization and datafication in finance, which has evolved into a new era of the platformization. With a substantial presence in financial markets, the development of digital finance platforms has enormous potential for enhancing financial inclusion, efficiency and sustainable …

Under The Golden Arch: Permanent Neutrality And Authoritarian International Law In Turkmenistan, Madison Wall

Emory International Law Review

No abstract provided.

Oecd Two-Pillar Globe Rules: Is It Time To Abandon Hope For International Cooperation On A Global Minimum Corporate Income Tax?, Willem Vandermeulen

Emory International Law Review

No abstract provided.

Class Action Waivers In Arbitration Agreements: The Twenty-First Century Arbitration Battleground And Implications For The E.U. Countries, Linda S. Mullenix

Emory International Law Review

Without doubt the U.S. Supreme Court in the twenty-first century has been obsessed with the problem of corporate attorneys’ inclusion of class action waivers in arbitration agreements. This article traces the emergence of the class action waiver issue, which developed in tandem with the plaintiffs’ embrace and proliferation of class action litigation at the end of the twentieth century. The discussion comments on plaintiffs’ initial attempts to request and secure class arbitration where the arbitration clauses were silent, culminating in Supreme Court’s opinion permitting arbitrators to determine this issue. With the Court opening the door to possible classwide arbitration, corporate …

From Instagram To Infowar: The Weaponization Of Social Media And Its Consequences, Grayson Shade Walker

Emory International Law Review

No abstract provided.

Where Custom Dictates: A Comparison Of The Integration Of Customary Law In Nigeria And South Africa As Applicable To Custody And Family Law Dispute, Madelyn Cameron

Emory International Law Review

No abstract provided.

Minority Indigenous Language Rights Laws: A Comparative Study, Caroline Baltay

Emory International Law Review

No abstract provided.

Prosecutorial Independence Lost: How Prosecutorial Bureaucracy Is Politicized In South Korea, Neil Chisholm

Emory International Law Review

How is prosecutorial independence lost? How does a prosecution system’s design affect its political independence? This Article analyzes the inner workings of South Korea’s Prosecutors’ Office, which adheres to the Continental European style of prosecutorial organization and independence that emphasizes mechanisms of bureaucratic accountability for prosecutors. Based on interviews with prosecutors, police, judges, lawyers, scholars, and activists, it shows how independence is lost in three key areas of prosecutorial activity: personnel policy, investigations, and charging decisions. This article argues that aspects of the Continental tradition make prosecutors vulnerable to politicization.

Personnel policy has selected prosecutors meritocratically at young ages, trained …

The Forty-Seven Years’ War: Identifying The Cold War As An Armed Conflict As A Matter Of International Law, Peter S. Konchak

Emory International Law Review

No abstract provided.

A Combatant Or Not A Combatant That Is The Question: Arguing The Case Of Combatant Status For Non-Military Government Personnel And Private Military Contractors Engaged On The Modern Battlefield, Ilan Fuchs, Shane Owens

Emory International Law Review

No abstract provided.

A New Era Of Accountability? The Holding Foreign Companies Accountable Act’S Pursuit Of Regulatory Equality, Robert Ruelas

Northwestern Journal of International Law & Business

This paper discusses the Holding Foreign Companies Accountable Act (HFCAA) as a response to the long-standing regulatory disparities between U.S. and foreign firms listed on U.S. stock exchanges, with particular regard to foreign firms from China. The HFCAA requires that any firms listed on U.S. stock exchanges be subject to inspections by the Public Company Accounting Oversight Board (PCAOB) or face delisting, aiming to eliminate historic regulatory disparities. The paper begins by highlighting the historic regulatory gap in oversight resulting from China’s lack of cooperation with U.S. regulators and continues by discussing the investor harm from various scandals that could …

Anglo-Saxon Res Judicata Culture For Civil Law Systems, Cesare Cavallini

Northwestern Journal of International Law & Business

One traditional aspect distinguishing the common law system from the civil law one lies in the perceived disparities in the inspiration of the law-making process. The Anglo-Saxon system typically grounds its rules in explicit and discernible policies spanning social, anthropological, and economic realms directly relevant to the circumstances. In contrast, the civil law tradition frequently necessitates a fixed conceptual framework, sometimes detached from the practical needs of society. Or, at least, this dynamic persisted until recent changes prompted by the “doing business” model, which has timidly ascended to the forefront of the State agenda, particularly across Europe, notably in Italy. …

Non-State Actors For Profit: Revisiting Transnational Corporations' Personhood And Responsibility Under International Law, Katayoon Beshkardana, Faraz Shahlaei

Northwestern Journal of International Law & Business

The growing impact of Transnational Corporations (TCs) on international trade, investment, and human rights raises the question of international corporate responsibility. For international responsibility, TCs must be recognized as subjects of international law with legal personality. Apart from states as the primary subjects of international law, such status has been granted to inter-governmental organizations (IGOs). The factors that contributed to the IGOs’ recognition as international law subjects seem to be present for TCs today. While the International Court of Justice granted such legal status to IGOs, for TCs, the best path to recognition would be to establish a global authority …

An Analytical Examination Of The Inefficacy Of China’S Independent Director System: A Comparative Perspective, Nanzhu Wang

Northwestern Journal of International Law & Business

This paper analyzes the effectiveness of China’s independent director (ID) system in listed companies following the 2023 regulatory reforms enacted by the China Securities Regulatory Commission (CSRC). These reforms raised the independence standards for IDs by broadening disqualification criteria and modifying the appointment mechanisms. Despite the establishment of an ID system this century and the recent enhanced standards, empirical evidence indicates persistent shortcomings in China’s ID mechanism. Many of the positive outcomes initially attributed to IDs—such as improved internal control or better firm performance—cannot conclusively isolate IDs’ independence or expertise as the true cause. In contrast, negative evidence, which specifically …

Towards A New Orbit: Addressing The Legal Void In Space Mining, Rebekah Shields

American University International Law Review

As the world’s technologies and capabilities to participate in space mining continue to progress at a rapid rate, the international community must consider what steps are necessary to maintain safety and peace in a largely unregulated field. Accordingly, this Comment will argue that when major spacefaring nations inevitably pass legislation allowing the ownership of space resources, they will be in violation of Article II of the Outer Space Treaty which prohibits the appropriation of celestial bodies by any state.

Part II will begin with an overview of the natural resources that exist in space by highlighting the economic and societal …

Destruction And Discrimination: How France Violated The Fundamental Rights Of Irregular Migrant Children In Mayotte, Molly E. Smith

American University International Law Review

Articles 2 and 3 of the United Nations Convention on the Rights of the Child (UNCRC) guarantee freedom from status-based discrimination in any state action involving children and require states to properly consider children’s best interests. Despite France’s position as a UNCRC state party, its government denied access to housing and conducted improper detention and expulsion procedures based on the irregular migratory status of children in its small overseas department of Mayotte. This Comment argues that France therefore violated international human rights law under UNCRC Articles 2 and 3. Furthermore, this Comment recommends three possible action steps, particularly that France …

The Legal Origins Of Russian Membership In The Council Of Europe And The Seeds Of Russia's Expulsion, Jeffrey Kahn

Notre Dame Journal of International & Comparative Law

No abstract provided.

Developments At The United Nations International Law Commission On Sea-Level Rise, Claudio Grossman Guiloff

American University International Law Review

This article examines some of the challenges presented by the phenomenon of sea-level rise in relation to international law with a focus on the analysis undertaken by the Study Group on Sea-Level Rise (“Study Group”) of the United Nations International Law Commission (“ILC”).

Discussant Commentary On The Twenty-Sixth Annual Grotius Lecture, Julian Aguon

American University International Law Review

Grotius Lecturer Dame Meg Taylor and Distinguished Discussant Julian Aguon provided the Twenty-Sixth Annual Grotius Lecture on Wednesday, April 3, 2024 at 5:00 p.m.

International Issues In Family Law: An Annotated Bibliography, Allen Rostron

Faculty Works

This bibliography addresses international legal issues that may be of special interest or significance for family law attorneys.

Table Of Contents, Luc International Law Review

Loyola University Chicago International Law Review

No abstract provided.

The Stupa Amaravati Of India: Where British Common Law Controls The Repatriation Of Cultural Property, Francesca Zepeda

Loyola University Chicago International Law Review

Repatriation of cultural property currently in the hands of the British Museum has been the topic of intense debate for decades. Activists argue for the return of the cultural art to its country of origin and to abide by international law for the protection of art antiquities. The British Museum and their supporters argue to maintain the status quo. The Amaravati Stupa, an Indian antiquity made of hundreds of pieces from a Buddhist temple excavated by British colonists, is one of the pieces the British Museum continues to possess and own. The Indian government has requested its repatriation. In the …

Masthead, Vol. 56 (2024)

Case Western Reserve Journal of International Law

No abstract provided.

Green Colonialism: Sidelined While On The Front Lines, M. Alexander Pearl

Case Western Reserve Journal of International Law

The United Nations General Assembly recently unanimously adopted a resolution recognizing the “right to a clean, healthy and sustainable environment as a human right.” in July, 2022. ... The resolution was heralded by U.N. Environment Programme (UNEP) Executive Director Inger Andersen as a “victory for people and the planet,” and it was described as a catalyst for action by U.N. Special Rapporteur on Human Rights and the Environment David Boyd. ... Boyd went on to say that the resolution could encourage States “to enshrine the right to a healthy environment in . . . constitutions and regional treaties.”... This short …