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Articles 181 - 210 of 802
Full-Text Articles in International Law
Child/Youth Climate Litigation: Tracking Children’S Rights And Children’S Impact, Aoife Daly, Liesl Muller
Child/Youth Climate Litigation: Tracking Children’S Rights And Children’S Impact, Aoife Daly, Liesl Muller
Washington and Lee Law Review
Children and youth have been engaging extensively in climate action around the world. They have been doing this by protesting in the streets, talking with governments, and most recently by taking climate litigation against governments and companies. In this Article, these climate cases are considered from a children’s rights perspective. Using the Youth Climate Justice database, fifty cases are analyzed to consider two aspects of climate litigation—the children’s rights involved in the case, and the significance of the outcomes of the cases. It is concluded that climate cases are a new form of child participation in society, and that child …
Bonehead Non-Proliferation Redux, David A. Koplow
Bonehead Non-Proliferation Redux, David A. Koplow
Georgetown Law Faculty Publications and Other Works
Since the publication of my 1993 Fletcher Forum article “Bonehead Non-Proliferation,” three vitally important international developments regarding nuclear weapons have materialized. First, the 1968 Nuclear Non-Proliferation Treaty, an essential linchpin for global security, was extended by its parties in 1995 into a permanent agreement—a tremendous outcome that was not certain when my original article was published. Second, the Comprehensive Test Ban Treaty, globally prohibiting all nuclear explosions, was concluded in 1996—my article focused on the imperative for crafting such an instrument. Third, a group of distinguished senior U.S. government security officials succeeded in reviving the concept of the complete abolition …
Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach, Mark Mclaughlin
Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article examines the intricate dynamics of community representation and stakeholder influence in the realm of international investment law. More specifically, it considers the most effective method by which to operationalise the concept of the ‘social licence to operate’ when attempting to resolve investor-state disputes. By utilising disputes relating to China’s Belt and Road Initiative as a case study, it is shown that the social impact of foreign investment projects is often a catalyst for arbitration claims. Community interests are insufficiently represented at the stage of procurement or admission of investment, which has led to violent clashes between investors and …
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3
Cardozo International & Comparative Law Review
No abstract provided.
Benjamin Ferencz In The Cold War, Noah Weisbord
Benjamin Ferencz In The Cold War, Noah Weisbord
Cardozo International & Comparative Law Review
The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan
Cardozo International & Comparative Law Review
The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin
Cardozo International & Comparative Law Review
The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.
Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko
Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko
Cardozo International & Comparative Law Review
The article examines the tension between head of state immunity and the pursuit of justice in international criminal law. It argues that while some nations and regional bodies, like the African Union, assert immunity for heads of state, international institutions such as the International Criminal Court (ICC) reject this principle, emphasizing the rule of law and accountability. The ICC's jurisdiction, particularly through UN Security Council referrals, overrides state consent, challenging traditional notions of immunity. The article posits that states must adhere to their treaty obligations, such as the Rome Statute, and cannot unilaterally opt out for political expediency, reinforcing the …
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon
Cardozo International & Comparative Law Review
The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.
From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman
From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman
Cardozo International & Comparative Law Review
The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.
Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug
Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug
Cardozo International & Comparative Law Review
The note examines the ongoing conflict over Western Sahara, focusing on Morocco's claims of sovereignty and the international legal framework upholding the Sahrawi people's right to self-determination. It critiques Morocco's historical arguments and advocates for increased U.N. intervention to prevent escalation, while also suggesting political compromises, such as Morocco's autonomy plan, to resolve the dispute.
Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale
Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale
Cardozo International & Comparative Law Review
The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.
The Procedural Architecture Of Climate Justice: Comparative Lessons From Regional Human Rights Courts, Indira Boutier
The Procedural Architecture Of Climate Justice: Comparative Lessons From Regional Human Rights Courts, Indira Boutier
National Law School Journal
Climate change, once narrated through scientific data and economic costs, is now unavoidably framed as a question of rights and justice. This article examines how litigation before the African, European, and Inter-American human rights courts makes the procedural dimensions of climate justice visible. Procedural justice here is understood capaciously and includes not only rules of access, standing, and evidence, but also the recognition of corporations as duty bearers in transnational accountability regimes. A comparison of the three regions shows how colonial legacies, institutional architectures, and political economies shape the channels through which communities can contest climate harm. Litigation emerges less …
Five Things You Think You Know About International Arbitration That You Do Not Know (Nlsiu-Siac Annual Arbitration Lecture 2025), Lucy Reed
National Law School Journal
In the second NLSIU-SIAC Annual Arbitration Lecture delivered in April 2025, Lucy Reed takes a practice- or procedure-focused approach. Specifically, she addresses some misconceptions about international arbitration held by students and practitioners alike. She also introduces some of the new procedures in the 7th Edition of the SIAC Arbitration Rules, in effect from 1 January 2025.
Transforming The World With Reparations?, Ingrid Brunk, Monica Hakimi
Transforming The World With Reparations?, Ingrid Brunk, Monica Hakimi
Faculty Scholarship
Claims for reparations in international law commonly reflect two competing visions--one transformative, the other corrective. The transformative vision looks to reparations to end the long tail of injustices that are associated with large-scale historic harms. The corrective vision is more confined; it focuses on repairing specific, legally cognizable harms and returning the agents or entities involved as closely as possible to the status quo ante. We argue in this Essay that these two visions have distinct conceptual logics, even though they often overlap in practice, and that the transformative vision cannot carry the burdens that are placed on it.
Burying The Burden: A Sovereign’S Duty Of Investigation Post-Republic Of Turkey V. Christie’S Inc., Caitlin H. French
Burying The Burden: A Sovereign’S Duty Of Investigation Post-Republic Of Turkey V. Christie’S Inc., Caitlin H. French
Cardozo Law Review
This Note explores the intersection of cultural heritage law and U.S. property law through the lens of Republic of Turkey v. Christie’s Inc., a significant case involving the contested ownership of the ancient Anatolian “Stargazer” figurine. The Note explores how longstanding doctrines of property and the equitable defense of laches interact with international legal frameworks and patrimony laws aimed at preserving cultural heritage material. The case underscores tensions between cultural nationalism and internationalism, sovereign ownership claims under foreign patrimony laws, and the protections afforded to good-faith purchasers under U.S. law. The Note identifies two key legal issues at play: (1) …
Defending U.S. Citizenship-Based Taxation In Theory And In Practice: An Essay On Fiscal Citizenship In A Fatca World, Edward A. Zelinsky
Defending U.S. Citizenship-Based Taxation In Theory And In Practice: An Essay On Fiscal Citizenship In A Fatca World, Edward A. Zelinsky
Cardozo Law Review
For some Americans, a surprising aspect of the saga of Meghan Markle, also known as the Duchess of Sussex, was learning that, as a U.S. citizen living in the United Kingdom, the Duchess was obligated to pay U.S. income taxes on her worldwide income.[1] President Donald Trump has echoed concerns raised in this controversy about the United States’ worldwide income taxation of its citizens living abroad. In particular, during his 2024 presidential campaign, President Trump called for “ending the double taxation of overseas Americans.”[2] I found myself drawn into this debate about the United States’ citizenship-based taxation by virtue of …
Friction Points Between The Eu Data Act And Wto Law, Pedro R. Borges De Carvalho
Friction Points Between The Eu Data Act And Wto Law, Pedro R. Borges De Carvalho
Indian Journal of International Economic Law
It has been noted that many of the provisions of the EU Data Act are protectionist in character, seemingly designed to guard data as a national resource to be explored by EU actors first and foremost, and not to be exported, to the detriment of third-country companies. To international trade treaty partners, most notably the United States, it may seem as though the EU’s policy of digital sovereignty, in its current contours, risks violating WTO Law, which is premised on ideals of global free trade and comparative advantage. This essay analyses the most problematic provision of the Data Act in …
The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra
The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra
Indonesian Journal of International Law
On 19 July 2024, the International Court of Justice (ICJ) rendered a historic ruling which declared that Israel’s presence in the Occupied Palestinian Territory (OPT) is unlawful. While this historic Advisory Opinion on the Legal Consequences Arising from Israel’s Policies and Practices in the OPT, including East Jerusalem (Advisory Opinion) should be celebrated, much more needs to be done in order to fully realize the decisions contained therein. This article presents an overview of the Republic of Indonesia’s legal arguments submitted to the ICJ concerning the request for an Advisory Opinion. Indonesia, a staunch supporter of the Palestinian cause, contends …
Grundnorm, Pure Theory Of Law, And Monism In The Dynamics Of International Law, Fx Adji Samekto, Muh. Afif Mahfud, Adya Paramita Prabandari
Grundnorm, Pure Theory Of Law, And Monism In The Dynamics Of International Law, Fx Adji Samekto, Muh. Afif Mahfud, Adya Paramita Prabandari
Indonesian Journal of International Law
The Grundnorm is Hans Kelsen’s teaching that was integrated into his theory known as the Pure Theory of Law. The Grundnorm is the highest source of legal imperative, which is accepted by every individual human being, based on his free will to submit orders that are no longer debated because they are accepted as truth. The Grundnorm being the source of the validity of legal imperatives, it means that is the highest source of the validity of regulatory law within the scope of national and international law. This is the background of the justification of the Monism school, which is …
Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”, Harun Halilović
Thirtieth Aniversary Of The Srebrenica Genocide: Revisting The Judgment In The “Bosnian Genocide Case”, Harun Halilović
Indonesian Journal of International Law
The year 2025 marks the thirtieth anniversary of the Srebrenica genocide. This article aims to revisit and give an overview of the critical points of the judgment in the case of Bosnia and Herzegovina v Serbia and Montenegro (Judgment), related to the application of the Convention on the Prevention and Punishment of the Crime of Genocide that was conducted before the International Court of Justice. The case (also known as the Bosnia v Serbia case) was brought to an end by the Judgment in 2007, drawing a mixed response. The main points of contention in the Judgment are related to …
Compatibility Between The Indonesian Competition Law And Indonesia’S Climate Change Mitigation Policy Under The Unfccc Paris Agreement 2016: Quo Vadis?, Satya Arinanto, Dian Parluhutan, Louise Shania Sabela
Compatibility Between The Indonesian Competition Law And Indonesia’S Climate Change Mitigation Policy Under The Unfccc Paris Agreement 2016: Quo Vadis?, Satya Arinanto, Dian Parluhutan, Louise Shania Sabela
Indonesian Journal of International Law
To overcome the global climate change crisis, the Government of Indonesia (GoI) ratified the United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement on Climate Change on 22 April 2016, imposing quasi-legal obligations on contracting states to reduce greenhouse gas (GHG) emissions based on Nationally Determined Contribution (NDC) until 2030. As a contracting party of the Paris Agreement, Indonesia has submitted an Enhanced Nationally Determined Contribution (ENDC), increasing its GHG emission reduction target from 31.98 percent to 43.20 percent by 2030. Pillar II of the Golden Indonesia Vision 2045, Indonesia has also reaffirmed its commitment to climate change mitigation …
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam
Indonesian Journal of International Law
The multilateral frameworks governing the recognition and enforcement of arbitral awards, such as the 1958 New York Convention, along with the domestic laws of most states, are generally designed to promote the efficient enforcement of foreign arbitral awards. However, practical experience reveals inconsistencies in its application. While many states adhere to international principles, some - despite being signatories to the Convention - have exploited the broad concept of public policy to unjustifiably refuse enforcement within their jurisdictions. Conversely, other states have adopted a more restrictive approach, limiting the public policy exception to ensure predictability in enforcement. This article focuses on …
Challenges In The Enforcement Of International Legal Framework Against Child Soldiering, Shedrack Ekpa, Daniel Friday Atidoga
Challenges In The Enforcement Of International Legal Framework Against Child Soldiering, Shedrack Ekpa, Daniel Friday Atidoga
Indonesian Journal of International Law
The war crime of child soldiering has contagiously blossomed, necessitating the application of several prohibitive legal standards for its extermination. As the impact of this heinous and atrocious crime soars, the multi-dimensional scope for the protection against child soldiering becomes more sternly entrenched. This article aims to interrogate this global and worrying phenomenon in the light of existing international legal framework. Alhough doctrinal in nature, this article relies on both primary and secondary sources of data. It was found that despite the high retinue of prohibitive norms as stipulated in various legal instruments, the war crime of child soldiering has …
Caught In Citizenship Limbo: Lessons From The 2025 International Student Visa Crisis In The U.S, Jinke He
Caught In Citizenship Limbo: Lessons From The 2025 International Student Visa Crisis In The U.S, Jinke He
Critical Internationalization Studies Review
No abstract provided.
The Jurisdiction Of The International Criminal Court Over The Killing Of The Reporter Of Al-Jazeera Shereen Abu Aqleh, Rezeq Salmoodi, Mahmoud Al-Qarem, Ibrahim Khalid Yahya
The Jurisdiction Of The International Criminal Court Over The Killing Of The Reporter Of Al-Jazeera Shereen Abu Aqleh, Rezeq Salmoodi, Mahmoud Al-Qarem, Ibrahim Khalid Yahya
Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث
This research dealt with the issue of the jurisdiction of the International Criminal Court over the murder of the journalist Shireen Abu Aqleh in Jenin on Wednesday morning, May 11, 2022. In this regard, the research addressed the various and possible scenarios in the issue of criminal jurisdiction in both its formal and objective aspects in terms of overlap, parallelism and separation between national and international criminal jurisdiction as well as the International Criminal Court’s jurisdiction on the case in question. All of this was derived from the research problem represented by the conflict of criminal jurisdiction in the case …
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali
Theses and Dissertations
This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …
The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid
The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid
Theses and Dissertations
The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …
Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong
Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong
Indonesian Journal of International Law
Asian Values promoted significant economic growth to Asian societies in 1990s but were challenged by the 1997-1998 financial crisis. Engaging in regional trade agreements (RTAs) can enhance market access and keep regulatory cooperation, the number of RTAs has grown explosively in Asian countries. Most of these RTAs may include more far-reaching form of dispute settlement provisions distinct from or parallel to the World Trade Organization (WTO). Historical analysis is employed to examine the applicable principles of Asian Values and their influences on economic growth and dispute settlement. Additionally, the article also conducts case study analysis of several trade disputes with …
Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective, Shelby Jones
Sex Offender Prison Treatment Programs: Outdated Science Masquerading As A Legitimate Penological Objective, Shelby Jones
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.