International Law Commons^™

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

A Faster Way To Yes: Re-Balancing American Asylum Procedures, Michael Kagan

Scholarly Works

The United States asylum system, like many other asylum systems, is under immense pressure to process asylum applications faster. The primary response to this pressure is negative, namely to deny asylum claims quickly by categorizing them as manifestly unfounded. In the United States, this is done through the “credible fear” process. This negative orientation leads to a structural imbalance in which denials can be fast and easy for the system, but approvals take time and extensive effort. Using domestic and international comparative examples, this Article proposes re-balancing the asylum system by establishing a process for expedited approvals of clearly eligible …

A Human Right To A Sustainable Climate?, Ottavio Quirico

William & Mary Environmental Law and Policy Review

Is a fundamental right to a sustainable climate progressively being recognized globally? Climate change is triggering parallel progressive developments in the human rights arena at both the domestic and international levels. Firstly, it is fostering an extensive interpretation of first- and second-generation human rights, protecting collective environmental interests rather than individual entitlements. Secondly, climate change has decisively accelerated the evolution of first and second generation human rights into a third generation right to a sustainable environment. Thirdly, emerging evidence discloses the possibility of conceiving a specific human right to a sustainable climate. This Article explores the trajectory of climate rights …

‘Preventing Births’ As A Gender-Neutral Harm: Making Sense Of Reproductive Violence In South Africa’S Genocide Case Against Israel, Heidi Matthews

Articles & Book Chapters

Abstract In its genocide case against Israel at the International Court of Justice, South Africa alleges that, in the period since October 7, 2023, Israel has imposed measures intended to prevent births within the Palestinian group in Gaza. To the extent that South Africa’s case for ‘preventing births’ relies on the traditional framing of reproductive justice, wherein violations are conceptualized in terms of restrictions on reproductive (read: women’s) health and capacity, it risks advancing the human rights of ‘women and children’ at the expense of a more progressive development of the law of genocide. This article uses the ongoing genocidal …

Reparations For Civilian Victims In Ukraine And Gaza: Legal Frameworks, Normative Debates, And Implementation, Chiara Giorgetti

Law Faculty Publications

Reparations for the victims of armed conflict and mass human rights violations are a cornerstone of international law. Yet, as recent conflicts in Ukraine and Gaza illustrate well, reparations remain a difficult subject and raise important questions regarding the scope of State responsibility, the rights of individual victims, and the availability of appropriate mechanisms for adjudicating claims. [...]

International Claims Commissions As Reparations, Chiara Giorgetti

Law Faculty Publications

Breaches of international law have consequences. Under the Articles on the Responsibility of States for Internationally Wrongful Acts, the international responsibility of a state triggered by its internationally wrongful acts entails specific legal consequences, including the obligation to provide“full reparation” for the injury caused. However, obtaining reparations in the current international legal system often proves difficult. Existing international courts and tribunals often lack the jurisdiction to provide full reparations, especially when there are multiple and complex violations that caused injuries to numerous and diverse parties. International claims commissions can be effective instruments to provide reparations in such circumstances, including in …

Core Skills & "Cool Tools" From The Third Generation Of Fcil Librarians, Meredith Capps, Clement Lin, Devan Orr, Alison A. Shea, Loren Turner, Latia Ward

Library Staff Publications

There have been three generations of foreign, comparative, and international law (FCIL) librarians in the United States (US) in the postwar era. FCIL librarians of the first generation were foreign lawyers who emigrated to the US after World War II. Those of the second generation were American lawyer-librarians who built the infrastructure of FCIL librarianship into what it is today. The third generation of FCIL librarians includes the authors of this article. We perform many of the same research tasks as our predecessors, but we do so primarily online through an ever-evolving array of new and emerging technologies. This article …

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 9, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

Book Review, Rumyana Van Ark Et Al., Children’S Rights, ‘Foreign Fighters’, Counter-Terrorism: Children Of Nowhere (2024), Mark A. Drumbl

Scholarly Articles

The focus of Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism: Children of Nowhere is on foreign fighters who join terrorist groups, ISIS, and other entities engaged in armed conflict in Syria and Iraq. Counterterrorism measures, and the threats of terrorist attacks, have triggered a degradation and distortion of law. I have noted this following the 9/11 attacks and the concomitant refusal to treat children associated with terrorist groups as protected child soldiers. Whereas child soldiers in distant African conflicts are largely seen in the centers of global power as ‘faultless, passive victims’ of a pathological society, child terrorists taken as disruptive of …

Law Library Blog (January 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Crafting An Exception To The Principle Of Non-Intervention To End Military Coups, Ronnie R. Gipson Jr.

Faculty Scholarship

Oftentimes, when a foreign state refuses to get involved when another country is subjected to a military coup, the foreign state uses the principle of non-intervention as the reason for inaction. The principle of non-intervention in those instances takes on the role of becoming a shield against preserving or protecting human rights. Specifically, in Myanmar, the principle of non-intervention is being used as a weapon by the military junta, allowing it to strengthen its grip on the levers of power and crush any fledgling opposition to its rule with unimaginable cruelty and violence. This article advances the premise that a …

Pave Outer Space And Put Up A Parking Lot: Lagrange Points Should Be The Common Heritage Of Mankind, David A. Koplow

Michigan Journal of International Law

Outer space offers a vast array of opportunities, with different locations or regions available for exploitation by diverse users for a growing variety of satellite functions. But not all sectors of space are equally valuable for all applications, and the most desirable venues can become crowded, affording a premium for those who gain access first and impeding the development of a fair and efficient all-inclusive international legal regime.

This article focuses on Lagrange points, a finite series of special locations in space where the gravitational forces from a pair of large celestial bodies interact in unusual ways. These points afford …

Man On Mars: How Can International Space Law Limit The Environmental Consequences Of The Coming Rush For Resources In Space, Elizabeth Anne Henderson

Michigan Journal of International Law

The body of international law governing space has stood at a standstill for decades. The five central treaties regulating this area of law are not only vague, but they have also become a hindrance to the global community’s ability to address the rapidly intensifying second space race. The treaties do not adequately state who space belongs to, who is entitled to take advantage of the natural resources of celestial bodies, or what protections are afforded to celestial environments in the face of impending mining and resource extraction projects. This impasse within international law has not stopped entrepreneurs and corporations from …

Anchoring Digital Sovereignty, Vivek Krishnamurthy

Publications

For a quarter-century, a consensus has prevailed that territorial sovereignty applies online as it does offline. Since practically all the Internet's infrastructure and its billions of users reside on the territory of states, conventional wisdom holds that sovereignty must extend to cyberspace. Such accounts ignore how people experience cyberspace as a distinctive place, and how current international law lacks safeguards to prevent states from exercising their sovereignty to splinter the Internet into a set of national networks. Territorial sovereignty is also hard to square with pledges by the world's democracies to keep the Internet free, open, and global; yet it …

The North American Gap Ungulates Must Migrate Physically And Legally: Elk As A Case Study, Alex Wendlandt

Wyoming Law Review

Humans have tracked elk hoof prints in North America since ancient times, recognizing the significance of these migratory ungulates in culture, mythology, dietary value, and utility. As migratory ungulates, elk respond to changes in their environment by migrating to and from their summer and winter ranges. Today, elk migrations continue across the jurisdictional boundary of the northern United States and southern Canada, spreading ecological and economic benefits with each track they make. Unfortunately, ungulate migration is an “endangered phenomenon” due to loss of connectivity and loss of habitat. While the United States and Canada have acknowledged the importance of, and …

The Transnationalisation Of Civil Society In East Asia’S War Redress Movement, Timothy Webster

Faculty Scholarship

Transnational human rights litigation is commonly associated with developments in Europe and the Americas during the 1990s. But Asian actors have used legal mobilisation to hold corporate actors to account since at least the 1970s. This chapter charts the first usages of transnational litigation in East Asia’s Word War II redress movement, akin to the Holocaust Restitution movement of the West. Korean and Chinese forced labourers liaised with Japanese attorneys, activists and academics to press compensation claims against Japanese corporations for wartime human rights abuses in Tokyo. Legal mobilisation did not succeed in the traditional sense. Yet, the formation of …

Constitutionalizing Climate Rights, Mark Nevitt

FIU Law Review

No abstract provided.

Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval

Graduate Theses/Dissertations

Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …

Medellín Manifesto On Transnational Value Chains And International Law, Diane Desierto

Journal Articles

Global Value Chains (GVCs) have been heralded as the ‘new world of trade’, yet they branch far beyond what has traditionally been considered ‘trade’—they interact with and are informed by multiple legal regimes often in ways unrelated to the theoretical and practical bases of those regimes. Building on the 2016 IGLP Manifesto, which sought to place law at the centre of GVC research, the Medellín Manifesto’s aspiration is to establish a research agenda that is specifically focused on international law: one that treats GVCs as amorphous and transnational legal creatures—they are transnational value chains (TVCs); one that recognises that the …

Pave Outer Space And Put Up A Parking Lot: Lagrange Points Should Be The Common Heritage Of Mankind, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Outer space offers a vast array of opportunities, with different locations or regions available for exploitation by diverse users for a growing variety of satellite functions. But not all sectors of space are equally valuable for all applications, and the most desirable venues can become crowded, affording a premium for those who gain access first and impeding the development of a fair and efficient all-inclusive international legal regime.

This article focuses on Lagrange points, a finite series of special locations in space where the gravitational forces from a pair of large celestial bodies interact in unusual ways. These points afford …

Teitiota And Climate Non-Refoulment: The International Law Obligation To Create Domestic Protection Mechanisms, Helen Kerwin

University of San Francisco Law Review

No abstract provided.

Rights As Remedies: Using Latin American Legal Channels To Halt U.S. Border Externalization, Natalie Lerner

Lewis & Clark Law Review

The first Trump Administration saw intense border crackdowns and a ramping up of restrictions on asylum. While some of these policies shifted under President Biden, many were recreated under new names. The second Trump Administration has functionally closed the border and deported asylum seekers to third countries such as Costa Rica and Panama, leaning heavily on Latin American countries to accept expelled migrants. As U.S. courts fail to preserve asylum law domestically, international law, as integrated into the constitutions of Latin American countries, can provide a valuable litigation tool to block those countries from participating in the U.S. border externalization …

Table Of Contents, Administration, Faculty, Submission Information

South Carolina Journal of International Law and Business

No abstract provided.

Navigating The Seas Of History In International Law, Valentina Vadi

South Carolina Journal of International Law and Business

Inquiries into questions of time, history, and international law have recently come to the fore. So far, however, many studies have only examined developments in international law from a temporally and thematically fragmented, brief, and narrow perspective. Due to international law’s growing normative and institutional fragmentation and emphasis on specific crises, episodes, and events, many analyses focus on transient trends and particular facets of international law. This study suggests an alternative to these constrained viewpoints: a thorough, multilayered, and broad perspective to questions of international law, drawing on Fernand Braudel’s tripartite theory of time.

Braudel’s theory of time provides valuable …

Lambat Asal Selamat: The Slow But Safe Twenty-Five Year Recalibration Of Personal Bankruptcy In Malaysia, Jason J. Kilborn

South Carolina Journal of International Law and Business

A popular Malay proverb advises, “[L]et it be slow, as long as it is safe” (biar lambat asal[kan] selamat),1 combining the sentiments of two similar English proverbs: “haste makes waste,” and “slow and steady wins the race.” These principles certainly seem to have guided Malaysian lawmakers in the quarter-century, multistage development of the most important element of modern bankruptcy law: the discharge. Adopted in 1967,2 Malaysian bankruptcy law has long included a very limited debt discharge, but as it left more and more economically debilitated debtors in perpetual bankruptcy limbo, policymakers became dissatisfied with leaving a huge and growing mass …

Ai Art And U.S. Copyright Decisions: What The U.S. Can Do Differently Than China And The E.U. To Efficiently Promote Balance Between Ai Innovation And Copyright Regulation, Adam Pycior

Loyola University Chicago International Law Review

The rapid development of Artificial Intelligence ("Al") in recent years has spurred a plethora of discussions concerning ethical boundaries, government regulations, and more. Thaler v. Perlmutter highlights a unique one: the challenging question of if, and how, AI generated artworks may be copyrightable. The court denied copyright to plaintiff Stephen Thaler's work "A Recent Entrance to Paradise" generated by his AI system, "The Creativity Machine," holding that autonomously generated works cannot be copyrighted under the existing precedent. However, the court failed to answer, though it acknowledged, the pressing question as to the degree of human input necessary to copyright such …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

The Next Chapter Of Apartheid Is "Gender Apartheid", Naheed A. Farid

University of San Francisco Law Review

No abstract provided.

Setting The Truth Free: The Case For Restoring The Central American University Of Nicaragua Through The Framework Of International Human Rights Law, Samuel Gearing

University of San Francisco Law Review

No abstract provided.