Open Access. Powered by Scholars. Published by Universities.®

International Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2025

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 802

Full-Text Articles in International Law

The Implementation Of An International Treaty Across A Small Island Developing State: The United Nations Convention On The Elimination Of All Forms Of Discrimination Against Women (Cedaw) In Cabo Verde, Lydia Landim Dec 2025

The Implementation Of An International Treaty Across A Small Island Developing State: The United Nations Convention On The Elimination Of All Forms Of Discrimination Against Women (Cedaw) In Cabo Verde, Lydia Landim

Graduate Doctoral Dissertations

The UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) was adopted by the UN General Assembly in 1979. To date, it is the most comprehensive international treaty for women’s rights. Cabo Verde, a small island developing state located off the west coast of Africa, ratified CEDAW in 1980. As an archipelago, Cabo Verde serves as a unique case study for treaty implementation, particularly, as literature on small island developing states has established that these states face unique challenges when it comes to implementation of laws, policy, and to governance overall, all of which heavily intersect …

Go to article

Reassessing Indonesia's In-Kind Benefit Tax Regulation: Insights From Australia, Florencia Irena Gunawan, Maria Na Uli Salsabilah Sabililah Dec 2025

Reassessing Indonesia's In-Kind Benefit Tax Regulation: Insights From Australia, Florencia Irena Gunawan, Maria Na Uli Salsabilah Sabililah

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This research critically assesses Indonesia's in-kind benefit tax regulatory framework based on the principles of equity, certainty, and neutrality, drawing comparative insights from Australia's fringe benefits tax system. Utilizing a normative juridical method, this study finds that integrating in-kind benefits into Indonesia's income tax framework poses several challenges. First, under the equity principle, current valuation methods do not accurately reflect employees' ability to pay, potentially resulting in inequitable tax burdens. Second, under the certainty principle, ambiguities in the exemption rules may create risks of differing interpretations between taxpayers and tax authorities. Third, under the neutrality principle, differential treatment across industries …

Go to article

Achieving Judicial Consistency Through The Establishment Of Civil And Criminal Chambers In Indonesia's District And High Courts, Dwi Bintang Satrio, Efa Laela Fakhriah, Artaji Artaji Dec 2025

Achieving Judicial Consistency Through The Establishment Of Civil And Criminal Chambers In Indonesia's District And High Courts, Dwi Bintang Satrio, Efa Laela Fakhriah, Artaji Artaji

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The Supreme Court of the Republic of Indonesia has implemented the chamber system to achieve judicial consistency and fulfil the fundamental objectives of law, namely legal certainty, justice, and expediency. However, despite this effort, inconsistencies in judicial decisions remain prevalent, particularly in civil and criminal cases at the district and high court levels. This study employed a normative juridical approach supported by case analysis to examine the effectiveness of the current chamber system in achieving judicial consistency and to identify structural weaknesses that hinder its optimal implementation. The results reveal that judicial inconsistencies are found in several court decisions, such …

Go to article

The Death Penalty For Bribery-Related Corruption In Social Assistance During Non-Natural Disasters: A Legal Certainty Perspective, Elly Sudarti, Sahuri Lasmadi, Andi Agus Salim, Riana Devi Lestari, Mohammad Thoriq Bahrie Dec 2025

The Death Penalty For Bribery-Related Corruption In Social Assistance During Non-Natural Disasters: A Legal Certainty Perspective, Elly Sudarti, Sahuri Lasmadi, Andi Agus Salim, Riana Devi Lestari, Mohammad Thoriq Bahrie

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article analyzes the judge's verdict regarding the bribery corruption of social assistance during a non-natural disaster committed by Juliari Batubara. It questions whether such bribery corruption can be punishable by the death penalty. Juliari was not sentenced to death because the law only threatens the death penalty under natural disaster conditions, and COVID-19 is not considered a natural disaster. The death penalty is only threatened for corruption under Article 2, paragraph 2, not for bribery corruption. The judge's decision followed conventional legal norms, resulting in a verdict that was overly normative and failed to address the issue. This article …

Go to article

Reapproaching International Law Through Twail: Reclaiming Marine Sovereignty And Rights Of The Global South Within Law Of The Sea, Ria Wierma Putri, Febryani Sabatira, Orima Melati Davey, Afandi Sitamala Dec 2025

Reapproaching International Law Through Twail: Reclaiming Marine Sovereignty And Rights Of The Global South Within Law Of The Sea, Ria Wierma Putri, Febryani Sabatira, Orima Melati Davey, Afandi Sitamala

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Third World Approaches to International Law (TWAIL), also understood as a theory of decolonizing international law, offers a critical framework for analyzing the historical evolution of international law and its continuing impact on Global South nations. This article examines TWAIL's perspective within the Law of the Sea, with particular attention to the ways in which the dominance of marine resource use by industrialized states perpetuates structural inequities over less powerful states. Since the 1950s, TWAIL scholars have emphasized the importance of amplifying Global South voices to challenge entrenched colonial legacies and reshape the future of international law. The purpose of …

Go to article

Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code, Wendy Kenafiana Assanti, Hendry Julian Noor Dec 2025

Debating Expert Authority In Corruption Cases: The Challenge Of Interpreting State Financial Losses Under The 2023 Indonesian Criminal Code, Wendy Kenafiana Assanti, Hendry Julian Noor

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The 2023 Indonesian Criminal Code revises the formulation of corruption offenses, including rules on proving state financial losses; however, the elucidation of Article 603 raises questions regarding the competent institution and the evidentiary weight of audit results. This study examines how the provision may perpetuate ongoing debates over experts’ authority to determine state financial losses, which are often perceived as affecting legal certainty, and proposes a reformulation to provide clearer legal guidance. This doctrinal study employs statutory and case law approaches, utilizes qualitative methods, and applies Gustav Radbruch’s perspective as an analytical lens. It finds that Article 603’s elucidation uses …

Go to article

Legal Implication And Solution: The Exemption For Apartment And Flat Developer's Bankruptcy Request As Insufficient To Meet Simple Proof Requirements, Veri Antoni, Azka Farrell Razaga Dec 2025

Legal Implication And Solution: The Exemption For Apartment And Flat Developer's Bankruptcy Request As Insufficient To Meet Simple Proof Requirements, Veri Antoni, Azka Farrell Razaga

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Supreme Court Circular (SEMA) 3/2023 states that apartment and/or flat developers do not meet the simple proof requirements referred to in Article 8 paragraph (4) of Law 37/2004. This paper aims to answer what is the legal implication of the exception to the bankruptcy request against apartment and/or flat developers that were considered insufficient to meet the simple proof requirement in SEMA 3/2023? and what the solutions as a recommendation that can be provided? This research is normative legal research that employs legislative, conceptual, and comparative approaches through document studies to obtain secondary data. Simple proof in bankruptcy law refers …

Go to article

Antitrust In Practice: Case-Based Comparative Analysis Of Predatory Pricing Enforcement In Indonesia And The United States, Anna Maria Tri Anggraini, Ahmad Sabirin, Farhandi Himawan Dec 2025

Antitrust In Practice: Case-Based Comparative Analysis Of Predatory Pricing Enforcement In Indonesia And The United States, Anna Maria Tri Anggraini, Ahmad Sabirin, Farhandi Himawan

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Business entities employ predatory pricing as a strategy primarily aimed at eliminating competitors. The regulation and detection of predatory pricing are complex processes, and each country adopts distinct mechanisms to address the issue. The scientific contribution of this study lies in its comparative analysis of two different legal systems—Indonesia’s civil law and the United States’ common law—in addressing predatory pricing practices under competition law. It examines how differing legal frameworks influence the methods of proof, the application of the rule of reason principle, and the pattern of sanctions imposed on business actors. In addition, this study adopts an interdisciplinary approach …

Go to article

Book Review: The Role Of Civil Society In Transitional Justice: The Case Of Russia, Myra Dahgaypaw Dec 2025

Book Review: The Role Of Civil Society In Transitional Justice: The Case Of Russia, Myra Dahgaypaw

Genocide Studies and Prevention: An International Journal

This book review evaluates Selbi Durdiyeva's The Role of Civil Society in Transitional Justice: The Case of Russia as a vital contribution to genocide prevention scholarship, which is particularly timely given Russia's mass atrocity crimes in Ukraine and their connection to domestic repression. The book's theoretical innovation in challenging state-centric transitional justice paradigms through rigorous analysis of Memorial NGO, Orthodox Church activities, and revisionist groups across three decades of post-Soviet Russia is critical for the transitional justice field. It is worth highlighting Durdiyeva's unique postcolonial perspective as someone from a former Soviet territory studying the metropole, and her demonstration that …

Go to article

Transnational Mass Tort Litigation: A Proposal For An International Court Of Civil Justice, Maya Steinitz Dec 2025

Transnational Mass Tort Litigation: A Proposal For An International Court Of Civil Justice, Maya Steinitz

Faculty Scholarship

This chapter argues for the creation of an International Court of Civil Justice for transnational mass tort cases. It considers the challenges of adjudicating cross-border mass torts along with the incentives and feasibility of a new international court. Drawing upon case studies including the Bhopal disaster, litigation surrounding the devastation of the Ecuadorian rainforest, and the attempts to sue over human rights abuses in Nigeria, the chapter demonstrates that the world's legal systems were not designed to solve these kinds of complex cases, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice …

Go to article

Professor Zalman Rothschild Contributes To New York Times Honoring The Legacy Of Rabbi Killed In Australia Terror Attack, Benjamin N. Cardozo School Of Law Dec 2025

Professor Zalman Rothschild Contributes To New York Times Honoring The Legacy Of Rabbi Killed In Australia Terror Attack, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Professor Zalman Rothschild, Horn Family Distinguished Research Scholar in Law and Religion and Assistant Professor of Law, contributed an essay to a New York Times newsletter honoring Rabbi Eli Schlanger, who was killed in a terrorist attack during a Hanukkah celebration in Australia. The essay reflects on Rabbi Schlanger's life, legacy, and personal impact.

Go to article

Despair Amongst Brazil’S Youth: Does The Hague Convention On International Child Abduction Need More Bite?, Ishani Sanyal Dec 2025

Despair Amongst Brazil’S Youth: Does The Hague Convention On International Child Abduction Need More Bite?, Ishani Sanyal

Pace International Law Review

For decades, international child abduction by one parent from the legal custody of the other has been a persistent issue which continues to be overlooked by international organizations and countries from around the world. While the Hague Convention on the Civil Aspects of International Child Abduction has helped to initiate certain progress in addressing acts of international child abduction by parents, signatory states including Brazil have failed to enforce rulings and provisions of the convention. This article addresses how the convention does not account for structural inadequacies of Brazilian court systems which prevent thorough enforcement of international custody and visitation …

Go to article

“Fleeing The Climate: The Need For Protection Of Climate Refugees In The Light Of International Law”, Carina Dietmayer Dec 2025

“Fleeing The Climate: The Need For Protection Of Climate Refugees In The Light Of International Law”, Carina Dietmayer

Pace International Law Review

Climate change, which is already making itself felt, poses challenges for international law and the international community. Climate change and its consequences will lead to (involuntary) human mobility and affect many people. This forced migration is not yet specifically addressed by international law. This article addresses climate-induced migration and the protection of climate refugees through international refugee and migration law, international human rights law, international environmental law, climate change law and international disaster law. It analyzes how and, above all, why climate refugees are protected. The core thesis of the article is the justification of a need for protection of …

Go to article

Conserving Conservation Servitudes: The Role Of The Prior Public Use Doctrine In Protecting Privately Conserved Land In The United States And Australia, Olivia Clausen Dec 2025

Conserving Conservation Servitudes: The Role Of The Prior Public Use Doctrine In Protecting Privately Conserved Land In The United States And Australia, Olivia Clausen

Pace International Law Review

Both the United States and Australia would benefit from more conservation of private land, and conservation servitudes can help both countries achieve this. However, in the United States and Australia, the power of eminent domain is a threat to the perpetuity of conservation servitudes. The prior public use doctrine, a common law doctrine in the United States arising out of the public trust doctrine, could limit eminent domain in these cases and provide protection to conservation servitudes. This doctrine states that land devoted to one public use (such as conservation) may not be condemned for another inconsistent public use unless …

Go to article

Rightly Dividing Jus Ad Bellum And Jus In Bello In The Israel/Hamas War, Jeffrey F. Addicott Dec 2025

Rightly Dividing Jus Ad Bellum And Jus In Bello In The Israel/Hamas War, Jeffrey F. Addicott

Pace International Law Review

No abstract provided.

Go to article

Remembering Eric E. Bergsten, Jay Carlisle Dec 2025

Remembering Eric E. Bergsten, Jay Carlisle

Pace International Law Review

No abstract provided.

Go to article

Memories Of Dr. Eric Bergsten From The 2004 International Program, Christopher Boies Dec 2025

Memories Of Dr. Eric Bergsten From The 2004 International Program, Christopher Boies

Pace International Law Review

No abstract provided.

Go to article

Tribute To Eric Bergsten From Louise Barrington, Chair, Vis East Moot Foundation, Louise Barrington Dec 2025

Tribute To Eric Bergsten From Louise Barrington, Chair, Vis East Moot Foundation, Louise Barrington

Pace International Law Review

No abstract provided.

Go to article

Weaponization Of Taxation: Sovereign Tax Immunity As A National Security Tool, Vinita R. Singh Dec 2025

Weaponization Of Taxation: Sovereign Tax Immunity As A National Security Tool, Vinita R. Singh

BYU Law Review

Amidst calls to reconceptualize taxation as a national security tool, legislators are reexamining how the United States taxes foreign governments. Federal income taxation of foreign governments—what this Article terms “the law of immunity from taxation” or “sovereign tax immunity”—strongly influences whether and how foreign governments pursue investment in the United States. This impact on international business transactions indicates sovereign tax immunity has the potential to be a powerful national security tool. Yet, despite its import, the law of immunity from taxation has been underexplored and undertheorized. This Article steps into this gap in discourse by challenging the way recent legislative …

Go to article

Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations, Christina Frohock Dec 2025

Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations, Christina Frohock

Articles

No abstract provided.

Go to article

Julien Grisonas Family V. Argentina, Kamila Knaudt Dec 2025

Julien Grisonas Family V. Argentina, Kamila Knaudt

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance and murder of a Uruguayan artist and member of the Party for the Victory of the People and his wife by Argentina within the framework of Operation Condor. The case was brought by their children, who had been separated from their parents when they were taken and given up for adoption in Chile. Eventually, the Court found Argentina in violation of several articles of the American Convention but did not find a violation of the Inter-American Convention on Forced Disappearance of Persons.

Go to article

Standing Before The Icj: A Novel Framework For Erga Omnes Partes, Elson Law Dec 2025

Standing Before The Icj: A Novel Framework For Erga Omnes Partes, Elson Law

Loyola of Los Angeles International and Comparative Law Review

This paper explores the concept of legal standing before the International Court of Justice (“ICJ” or “the Court”) in contentious cases and the legal theories that states may invoke to establish their entitlement to submit claims relating to specific subject matters. The concept of standing in international law requires a party to demonstrate a sufficient legal interest in the subject matter of their case. Three primary theories potentially provide such an interest for states parties to multilateral treaties: legal injury from the respondent state’s violation of an obligation owed to the applicant state, obligations erga omnes partes created by the …

Go to article

Economic Sanctions In International Arbitration Proceedings, Admir Muratović Dec 2025

Economic Sanctions In International Arbitration Proceedings, Admir Muratović

Loyola of Los Angeles International and Comparative Law Review

The world is witnessing the imposition of new economic sanctions on an every-day basis. After the Russian annexation of the Crimean Peninsula in 2014, and in particular with the invasion of Ukraine in February 2022, the issue of economic sanctions received an upsurge of public scrutiny. Russian investors and companies, a number of which are facing economic sanctions, do substantial businesses in States that imposed sanctions targeting them. At the same time, Russian entities have established business relationships with corporations originating in such States. On the other hand, after the Crimea annexation, Russia adopted certain measures to counter the effect …

Go to article

Movilla Galarcio Et. Al. V. Colombia, Katrina Karaguzian Dec 2025

Movilla Galarcio Et. Al. V. Colombia, Katrina Karaguzian

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance of a trade unionist and political militant in Colombia. Colombia partially admitted responsibility. The Court found Colombia in violation of several articles of the American Convention and of the Inter-American Convention on Forced Disappearance of Persons.

Go to article

García Rodríguez Et Al. V. México, Madeline Prokop Dec 2025

García Rodríguez Et Al. V. México, Madeline Prokop

Loyola of Los Angeles International and Comparative Law Review

This case is about the arrest, prosecution, conviction and detention of two suspects of the murder of the mayor of a Mexican municipality. The Court found Mexico in violation of several articles of the American Convention and of the Inter-American Convention to Prevent and Punish Torture.

Go to article

Maidanik Et Al. V. Uruguay, David Randall Dec 2025

Maidanik Et Al. V. Uruguay, David Randall

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance and murder of five individuals during the military dictatorship in Uruguay (1973-1985). Eventually, the Court found Uruguay in violation of several articles of the American Convention and of the Inter-American Convention on Forced Disappearance of Persons.

Go to article

The Enduring Value Of Copyright Harmonization, Stefania Fusco Dec 2025

The Enduring Value Of Copyright Harmonization, Stefania Fusco

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Function Over Form: Why Wipo's Procedural Treaties Are Not Enough, Cassidy Serger Dec 2025

Function Over Form: Why Wipo's Procedural Treaties Are Not Enough, Cassidy Serger

University of Cincinnati Law Review

No abstract provided.

Go to article

Chad Dobson Reflects On The Launch Of The World Bank Reform Campaign, Chad Dobson, Julie Radomski Dec 2025

Chad Dobson Reflects On The Launch Of The World Bank Reform Campaign, Chad Dobson, Julie Radomski

Perspectives

Chad Dobson is the founder of the Bank Information Center (BIC) and led BIC from 1987 to 1997 and 2007 to 2016. He is widely accredited with developing the global campaign strategies for environmental and social reforms of multilateral development banks (MDB). In this interview, he recounts the early days of BIC and the development of the global campaign.

Go to article

The Challenges Of International Maritime Treaty Enforcement: Examining Outcomes Of The South Sea And Red Sea Dispute, Sofia Roshan Hope Gellada Dec 2025

The Challenges Of International Maritime Treaty Enforcement: Examining Outcomes Of The South Sea And Red Sea Dispute, Sofia Roshan Hope Gellada

Senior Theses

The challenges of enforcing international treaty obligations are explored through the lens of the United Nations Convention on the Law of the Sea (UNCLOS) and its newly introduced addendum, the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. Through a detailed analysis of two case studies—the South China Sea Dispute and the Red Sea Dispute—this paper highlights the significant obstacles to treaty enforcement, particularly in contexts of power imbalances. Both disputes, arbitrated by the Permanent Court of Arbitration, reveal a troubling pattern of non-compliance by stronger states, such as China and Eritrea, despite legally binding rulings. These findings underscore the limitations of …

Go to article

Next Last