International Law Commons^™

A Woman’S Body Is Not Her Husband’S: Marital Duty And The Right To Refuse At The Ecthr, Dionejala Muhammad

Human Rights Brief

The European Court of Human Rights (“ECtHR”) issued a decision in H.W. v. France on January 23, 2025, ruling that under the Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”), specifically Article 8(1), a woman is not required to provide sex to her husband to fulfill marital duty.

Comparative Lessons For Enhancing Representation In The U.S. Judiciary - And Countering Democratic Decline, Shruti Rana

Faculty Publications

At this precarious moment for democratic institutions and the rule of law in the United States, this Essay draws upon efforts to build more representative judiciaries in other countries and in international fora to identify promising strategies for enhancing representation in the U.S. judiciary, particularly with respect to gender and parity. 23 It argues that efforts to enhance judicial representation and parity in the United States could benefit from incorporating and building upon international legal principles and the practices of international courts, institutions, and organizations with respect to parity and representation. Crucially, at the same time, efforts to ensure greater …

Double Standards In The Drug Trade: How European Nations Escape Sanctions While Senegal May Bear The Burden, Erin Soro

American University International Law Review

The focus of international drug control policies on sanctioning transit countries like Senegal for drug trafficking overlooks the significant role played by drug-consuming nations such as France and Spain. Despite a notable decrease in local drug consumption due to democratic progress and strong religious roots, Senegal remains a major transit hub for narcotics destined for Europe. This Comment argues that drug-consuming countries are equally culpable under international law and should face comparable sanctions to effectively address the global drug trade. This Comment highlights the imbalance in sanction implementation and advocates for a more equitable approach, recommending minimal sanctions for Senegal …

Crippled By War: Arguing Russia’S Actions In Ukraine Constitute Disability Persecution Under Article 7(1)(H) Of The Rome Statute, Davis Hayman

American University International Law Review

During the ongoing conflict between Russia and Ukraine, Russia implemented a “humanitarian aid” program which moved Ukrainian people with disabilities to Russia or Russian-controlled areas. The Prosecutor for the International Criminal Court issued arrest warrants under the theory that this program constitutes war crimes.

This Comment argues this program further qualifies as the crime of persecution against Ukrainians with disabilities. This piece first analyzes the crime of persecution, its relationship with other crimes and how non-enumerated groups can receive its protection. Next, this piece analyzes international human rights developments related to people with disabilities to show they qualify for such …

Digital Sovereignty And Ai: New Threats To Corporate Participation In Internet Governance?, Michael J. Kelly, David E. Satola

Case Western Reserve Journal of International Law

Authoritarian regimes have long challenged the multistakeholder model of Internet governance in pursuit of more state-centered controls. Recent assertions of digital sovereignty, coupled with dramatic advancements in artificial intelligence (AI), present twin threats that those regimes may now deploy to advance that challenge. This Article argues that corporations, which currently have a seat at the governance table, must engage with this debate on the side of Western liberal democracy and Internet human rights or risk losing those seats. (Abstract from authors.)

Cyber Operations And The Crime Of Aggression, Jennifer Trahan

Case Western Reserve Journal of International Law

The Article examines how the crime of aggression could be committed through cyber operations, analyzing the definition of the crime contained in the Rome Statute of the International Criminal Court. The Article also examines the restrictive jurisdictional regime that the ICC has over the crime of aggression, which States Parties must fix so that the ICC can have meaningful jurisdiction over the crime. The Article briefly also considers the topic of gravity and cyber-operations. (Abstract from author.)

Human Rights In Technology -- A Need For A New Norm, Els De Busser

Case Western Reserve Journal of International Law

The field of cyber security has relied on norms quite heavily to govern the behavior of states and non-state actors in cyberspace. However, existing norms do not offer guidance on integrating attention to human rights into the design and development of digital consumer products. This Paper introduces a way to foresee the human rights impact of new technology combined with a form of governance that regulates problems we do not know exist yet. (Abstract from author.)

The Geneva Conventions At 75: An Argument That New Legal Authority Is Needed To Fill Critical Gaps, Sandra Hodgkinson

Case Western Reserve Journal of International Law

For seventy-five years, the Geneva Conventions have served as the gold standard of treatment for military forces that take part in hostilities. However, modern developments on the battlefield, including the rise of non-state actors in today’s conflicts, have exposed gaps in the Geneva Conventions that require new legal authority. States should pursue avenues to fill these gaps with binding new legal authority, as well as continue the development of customary international law, and soft-law projects. (Abstract from author.)

A Taste Of Armageddon: Legal Considerations For Lethal Autonomous Weapons Systems, Paul R. Williams, Ryan Jane Westlake

Case Western Reserve Journal of International Law

Lethal Autonomous Weapons Systems (LAWS) represent a profound shift in the nature of warfare, where machines, not humans, make life-or-death decisions on the battlefield. While these weapons offer strategic advantages, such as reducing human casualties and increasing operational efficiency, they also introduce significant legal, ethical, and accountability challenges. This Article explores the complexities surrounding the proliferation and use of LAWS, arguing that a total ban is unlikely due to the widespread accessibility and benefits these technologies offer to those who deploy them. Rather, this Article proposes the application of strict liability—traditionally a tort law concept—to the developers of LAWS as …

Autonomous Weapons Systems And The Need To Update International Humanitarian Law?, Milena Sterio

Case Western Reserve Journal of International Law

This Article discusses whether the relevant rules of International Humanitarian Law (IHL), and in particular, the 1949 Geneva Conventions and their 1977 Additional Protocols should be updated in order to develop a clearer framework regarding the permissibility and legality of the use of Autonomous Weapon Systems (AWS) in armed conflict. This Article first discusses the existing Geneva Conventions and Additional Protocols’ rules applicable to the use of all weapons, including AWS. Next, this Article discusses possible ways of reshaping and reconceptualizing IHL in order to adapt its current rules or to develop new rules that would better regulate the use …

Talking Foreign Policy: "75th Anniversary Of The Geneva Conventions", Talking Foreign Policy (Radio)

Case Western Reserve Journal of International Law

"Michael Scharf: Welcome to “Talking Foreign Policy,” the quarterly radio show and podcast produced by Case Western Reserve University and Ideastream Public Media.2 I’m your host Michael Scharf, Dean of Case Western Reserve University School of Law.3 Today we’re going to be talking about the need to update the seventy-five-year-old Geneva Conventions on the Law of War in light of the twenty-first century developments related to autonomous weapons, cyber warfare, and space war, as well as responding to modern-day terrorist groups. I’ve assembled an allstar panel of experts for today’s conversation."

"Old" Law For A "New" Frontier: The Sufficiency Of International Humanitarian Law In Outer Space, Christian Jorgensen

Case Western Reserve Journal of International Law

As military capabilities and activities continue to expand into outer space, questions arise as to whether new legal frameworks are necessary to govern armed conflict beyond Earth. This Article argues that existing international humanitarian law (IHL) principles, including distinction, proportionality, necessity, and humanity, remain sufficient to regulate military operations in space. Rather than drafting new black-letter rules, states should focus on interpreting and applying current law in light of the unique characteristics of space warfare, including the enduring dangers of space debris and the widespread civilian reliance on satellite infrastructure. This Article examines the applicability of IHL in outer space, …

2024 Klatsky Endowed Lecture In Human Rights, Andrew Cayley

Case Western Reserve Journal of International Law

No abstract provided.

A Taking Or Public Interest Intent: Launching A Universal Standard For Indirect Expropriation, Naomi Matthusen

Case Western Reserve Journal of International Law

Outstanding note of the year 2025

In 2023, the Russian government announced drastic measures to take control over the management of specific foreign investments located in Russia in response to sanctions imposed on Russian assets abroad. These measures affected nearly onefourth of the largest 200 companies in the world. Expropriation clauses in bilateral investment treaties between nations exist to prevent the usurpation of foreign investments by host state governments, yet the standards for what constitutes indirect expropriation remain unclear and unpredictable and fail to adequately balance government and investor interests. This Note proposes and rationalizes a new definition for indirect …

From One Prison To Another: The Inordinate Criminalization Of Women Who Kill Abusive Partners And A Proposed U.N. Response, Annalie Buscarino

Case Western Reserve Journal of International Law

Paradoxically, criminal justice systems around the world punish women who kill abusive partners with inordinate sentences despite explicitly recognizing the victimization that led them to homicide. This Note examines how universally entrenched gender stereotypes lead to such overcriminalization and amount to a violation of women’s rights to equality before the law. This Note then proposes a U.N. resolution offering guidelines for criminal justice systems to craft appropriate judicial responses to women’s survival strategies.

The 1949 Geneva Conventions At 75: Examining The Place Of Non-State Armed Groups, Ezequiel Heffes

Case Western Reserve Journal of International Law

When the 1949 Geneva Conventions were adopted seventy-five years ago, the armed conflict landscape was very different from the one we currently observe. Back then, although non-State armed groups (NSAGs) existed, their regulation was considered to fall (almost exclusively) under the relevant territorial State’s internal laws. Nowadays, on the contrary, every time the international community discusses the application of international law to armed conflict, questions emerge about the role, status, and behaviors of NSAGs. Due to their involvement in the majority of armed conflicts, NSAGs have become immovable actors of the international humanitarian legal scene. Many of these queries arise …

New Treaty Law On Autonomous Weapons? An Opportunity To Reframe The Discourse, Laurie R. Blank

Case Western Reserve Journal of International Law

Calls for a new treaty for autonomous weapons—or for any other new technology—stem from a concern at the most basic level: the concern that LOAC’s existing treaties are not sufficient to fulfill their core purposes of protecting civilians and other vulnerable persons and regulating the conduct of hostilities. Could treaties drafted in 1949—when air power was new and space a distant dream, when the first operational computer ran its first program and navigation relied on the compass and sextant—be sufficient for the complexities and challenges of the electromagnetic spectrum, artificial intelligence, quantum mechanics, machine learning, cyber, anti-satellite weapons, and other …

Autonomous Weapons Systems And Proportionality: The Need For Regulation, Craig Martin

Case Western Reserve Journal of International Law

This Article examines the question of whether International Humanitarian Law (IHL) requires modification to effectively govern autonomous weapons systems (AWS). Given that the imminent development and deployment is unlikely to be prohibited, and that AWS may not comply with IHL in certain circumstances, the question of why and how IHL needs to be adjusted is important, and not sufficiently studied. The analysis focuses on the principle of proportionality—a principle whose implementation demands complex, contextual, and sophisticated judgment—as a means of exploring and illustrating the issue. The Article explains why the operationalization of the principle of proportionality would present challenges for …

Denile On The Nile: Balancing Ethiopia's Equitable And Reasonable Utilization Of The Nile And Egypt's Desire To Maintain The Status Quo, Tyler Tipton

Case Western Reserve Journal of International Law

For nearly one hundred years, Egypt has maintained complete control and utilization of the Nile River under the 1929 Nile Agreement signed by Egypt and the United Kingdom. This agreement was amended in 1959, making Sudan a party but alienating the remaining Nile Basin States. Ethiopia has now posed the greatest challenge to the validity of these Agreements by constructing the Grand Ethiopian Renaissance Dam. This Note argues that the longstanding bilateral 1929 and 1959 Nile Agreements can no longer maintain their enforceability against the rest of the Nile Basin because they violate customary international water law and infringe on …

“There Is No Fashion On A Dead Planet:”1 How A Mandatory Reporting Directive Shared By The Us And The Eu And Centered On Transparency Could Be The First Step To Increased Sustainability In The Fashion Industry, Adrienne Redman

Northwestern Journal of International Law & Business

The fashion industry hangs on self-expression and individualism, yet our methods of consumption and their resulting environmental impacts are far from an individualistic concern. This paper examines the global fashion industry’s substantial contribution to pollution, resource-depletion, and waste as evidence that the self-regulation model is insufficient to curb the environmental footprint of the industry. Self-regulation presumes that consumer awareness and the desire to purchase sustainably will be enough to limit the industry’s environmental impact. However, this presumption is undermined by a lack of standardized and enforceable regulations necessary for consumer-decision making. Instead, greenwashing and deceptive environmental claims have pervaded the …

Does It Take Four To Tango In The Regulatory Competition For Global Listings? Comparing Regulations On Dual Class Shares Among Singapore, Hong Kong, Mainland China, And Taiwan, Chang-Hsien Tsai, Luke Hung-Yu Chuang, Hui Wang

Northwestern Journal of International Law & Business

We provide a comparative analysis of regulatory competition among Singapore, Hong Kong, Mainland China, and Taiwan regarding the process, purpose, and actual results of deregulating Dual-Class Share (“DCS”) structure. The comparative analysis focuses on the role of regulatory competition in the convergence or divergence of DCS-structure regulations. To attract unicorn companies and China Concept Stock (“CCS”) companies to choose public offerings in regional exchanges, Hong Kong, Singapore, and Mainland China sequentially announced their amendments to listing rules, particularly in 2018, to allow public offerings of DCS-structure companies while considering their preference for the ownership structure of unicorns. We employ theories …

The Independence And Impartiality Of The Court Of Arbitration For Sport, Gianna Flammini

Northwestern Journal of International Law & Business

This paper discusses the structure of the Court of Arbitration for Sport (CAS) and its process for adjudicating disputes by looking through the lens of the recent Jordan Chiles case. The intertwined history of CAS and the International Olympic Committee, CAS’s lack of structural independence, its policies that strongly favor one side in disputes, and its lack of sufficient conflict of interest procedures demonstrate that CAS is a flawed arbitral body that does not properly safeguard the interests of athletes. The landmark European Court of Human Rights case, Case of Mutu and Pechstein v. Switzerland, ruled that CAS was sufficiently …

Existential Threats And Deterrence: Japan's Legal Pathway To Enhanced Collective Security In Asia, Nobuhisa Ishizuka

American University International Law Review

With the Japanese Cabinet’s decision in December 2022 to comprehensively upgrade Japan’s security posture, and its rapid build-up of its defense capabilities, Japan’s role in Asia’s security architecture has been undergoing a fundamental shift. This article places Japan’s 2015 Peace and Security Legislation in the context of the U.N. collective security system and argues that its most significant achievement has been to expand Japan’s power to engage more proactively in the Asian collective security order. To date, commentators have focused on the legislation’s role in expanding the Japanese constitution’s limitations on the use of force to permit collective self-defense. This …

Protection And Guarantee Of Human Rights In Digital Environments, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

We are delighted to present this year’s special issue of the American University International Law Review and the Academy on Human Rights and Humanitarian Law, which includes the best essays in English and in Spanish recognized in the 2024 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics, regarding so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.

Can Prior Censorship Be A Necessary Tool For The Protection Of Human Rights?, Leandro Leo Rebelo

American University International Law Review

Prior censorship is unequivocally interpreted by the Inter-American Human Rights System (“Inter-American System”) as a step too far in moderating expression. Except in the quite narrow circumstances allowed for under Article 13(4) of the American Convention on Human Rights (“ACHR”), the Inter-American System has reiterated that prior censorship is forbidden. However, prior censorship is widely used in social media platforms as a tool of content moderation. Should such techniques be banned, or should more exceptions be allowed in the regulation of speech?

Article Iii Standing For Cercla Private Cost Recovery Actions: How The Test's Strained Logic Belies Its Authority, Jonathan M. Palacios

Fordham Environmental Law Review

This Note examines how Article III standing doctrine applies to

private plaintiffs’ cost recovery actions under § 107(a)(4)(B) of the

Comprehensive Environmental Response, Compensation, and

Liability Act. A review of judicial decisions reveals inconsistencies

in the analysis of injury in fact and traceability, and suggests that

current Article III standing doctrine is misaligned with its purported

objectives. In response, this Note proposes a structured framework

for assessing injury in fact and a refined approach to analyzing

traceability that distinguishes between different forms of causal

uncertainty. These doctrinal adjustments should better align case

outcomes with Article III standing doctrine’s constitutional and …

The Inevitability Of Adaptability – Comparative Contributions To Understanding Originalism, Anna Conley

Emory International Law Review

What can comparative law teach us about originalism as a constitutional interpretation method? After synthesizing existing comparative analyses, this article seeks to redefine comparative law’s role in understanding originalism. When defining originalism strictly to require adherence to fixed original meaning, originalism is not used by courts anywhere in the world. Instead, courts use history purposively to understand the intent behind constitutional text as one of many methods of interpretation. Comparative works suggest historical constitutional interpretation has a complex relationship with rights, politics and culture.

Comparative law can provide not only descriptive understandings of originalism but also interrogate its mandate that …

One Year Of The Clean Vehicle Provisions: International Law And Trade, Yongei Jeong

Emory International Law Review

No abstract provided.

War Crime Or Ecocide? Ukraine’S Prosecution Of Environmental Crimes Committed By Russian Forces, Michael J. Kelly

Emory International Law Review

No abstract provided.

Tik Tok! Tiktok: Escalating Tension Between U.S. Privacy Rights And National Security Vulnerabilities, Lawrence J. Trautman

Marquette Law Review

Vastly popular short-form video provider TikTok employs personalized content algorithms for each consumer. Because TikTok is controlled by the Chinese Communist Party (CCP) of the People’s Republic of China, a legitimate question exists whether TikTok constitutes a national security risk to the West like a number of influential and successful high growth social media platforms that have been used by nation-states during recent years for propaganda and disinformation purposes. Cyberattacks upon American interests have been attributed to China, Iran, North Korea, Russia, and others. Well-documented examples of foreign activity and exploitation resulting from disruption of the U.S. elections since 2016 …