International Law Commons^™

The Political Question Doctrine And The International Court Of Justice, Halil Rahman Basaran

University of San Francisco Law Review

No abstract provided.

Cleaning Our Hands Of Climate Washing: Promoting Corporate Responsibility With The European Union’S Corporate Sustainability Due Diligence Directive, Parker M. Jacobs

University of San Francisco Law Review

No abstract provided.

An International Law Of The Emotions, Emily Kidd White

All Papers

Talk of the emotional or affective turn in international law is relatively recent though it tracks and echoes several other critical methods movements, including the turn to history, in the study of international law and, so too, a two-decade long wave of law and emotions research in several domestic legal systems. The affective turn in international law in several instances aims to critique a post-Cold War optimism that held out the promise that a rules and reason-based international order would work to abate war, and secure peace, prosperity and efficient capital flows. As outlined by the editors of this volume …

An Introduction To U.S. Groundwater Law: Domestic And Transboundary Considerations, Caleb Cook, Gabriel Eckstein

Faculty Scholarship

In light of the scientific and historical factors that have shaped the development of groundwater law and policy, this chapter seeks to provide a primarily descriptive account of its current state in the United States and to lay a foundation for future efforts to address gaps in the regime. Section 8B.02 considers the importance of groundwater in modern American society, with a particular focus on its uses and the threats these resources face. Section 8B.03 describes the U.S. framework for the domestic governance of groundwater resources. Section 8B.04 describes the mechanisms for transboundary governance of groundwater between the United States …

Implementation Of Uniform Competition Protocol In African States: Best Foot Forward In The Optimization Of The Afcfta, Ndubuisi Augustine Nwafor

South Carolina Journal of International Law and Business

Before the emergence of the Protocol to the African Continental Free Trade Area Agreement on Competition (AfCFTA Competition Protocol), there was no unified competition framework to regulate the African Continental Free Trade Area. What existed was a fragmentation of regional competition frameworks created along regional economic ties, characterised by confusing overlaps and multiple memberships. In addition to the fragmented approach, Africa was not represented at the global level when leading competition institutions from other regions made decisions on anticompetitive conduct with worldwide implications. Adopted by the African Union (AU) in 2023, the AfCFTA Competition Protocol challenges the existing situation. It …

Ad Astra Per Aspera: Legal Revision Of Space Laws And Intellectual Property To Cultivate Global Alliance And Innovation, Jaiden E. Haggiag

Honors Undergraduate Theses

This thesis explores the inadequate nature of the current legal space regime and points out the gaps in outer space laws, including the following: Jurisdictional Challenges, Frameworks of Liability, and IP (Intellectual Property) Enforcement, utilizing laws such as the Outer Space Treaty (OST), the Liability Convention, the Registration Convention, the Moon Agreement, the Patent Cooperation Treaty (PCT), and TRIPS, along with national laws like the U.S. Commercial Space Launch Competitiveness Act and The Inventions in Outer Space Act (35 U.S.C. § 105.). Through analysis of current scholarly proposals and treaty evolution and synthesize to provide policy options, the goal of …

But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha

Scholarly Articles in Law Reviews & Journals

Internal displacement, the phenomenon of people who are dislocated from their homes but remain within the border of their countries of origin, was once a forced migratory occurrence interchangeable with cross-border migration. This changed after the Second World War with the promulgation of the 1951 Convention Relating to the Status of Refugees, which was premised on an insistence on drawing a legal line in the sand based on which side of a border displacement transpires upon. Internally displaced persons (IDPs)-both in recent history and in the projected future-far outnumber people displaced across borders. Both rhetorical maneuverings and traditional international legal …

"In This House, We Pull Ourselves Up By Our Bootstraps": The Foundations Of Parliamentary Sovereignty In The United Kingdom, New Zealand, And Sweden, Andrew Hull

Emory International Law Review Recent Developments

This paper considers the legal foundations of parliamentary sovereignty in three states: the United Kingdom, the Realm of New Zealand, and the Kingdom of Sweden. Two of these countries hail from the common law legal family, while Sweden is a civil law country with Nordic legal characteristics. After initial discussion of parliamentary sovereignty and Carl Schmitt’s theory of sovereignty, I will consider each of these states’ examples of parliamentary sovereignty in turn. We shall see the historical development of these three countries’ parliamentary sovereignties deeply implicates the other four of Zweigert and Kötz’s factors for defining legal styles: legal thinking, …

Framing Legal Systems In New And Emerging Statelets: Autonomous Projects Of The Zapatistas Of Chiapas And The Democratic Autonomous Administration Of Northern And Eastern Syria, Samuel Wolff

Emory International Law Review Recent Developments

Autonomous movements within states are disruptions in the normal order and control that a state exerts over its territories. While there are some groups that aim to achieve autonomy and recognition while staying within the structure of the existing state, other groups seek to succeed and establish their own autonomous area completely succeeding and divorcing from the state. For a variety of reasons- from mistrust of a corrupt central government to violent repression of ethnic minorities- movements arise offering an alternative to the existing state. As these movements break, sometimes violently, from the state, they also break from the legal …

"Double-Sided Shareholder Primacy": Even More Powerful Corporate Governance Machine In China Than The United States?, Wenhan Tang

Emory International Law Review Recent Developments

This article examines the emergence of a “double-sided shareholder primacy” in China’s corporate governance, contrasting it with the U.S. “single-sided shareholder primacy”. While the U.S. emphasizes shareholder interests as the corporate purpose but centralizes governance power in boards, China’s system uniquely combines shareholder-centric corporate objectives and concentrated shareholder control, reinforced by a more powerful “Corporate Governance Machine.” This machine integrates legal transplants (e.g., extreme shareholder meeting authority), ternary controllers (state, family, and minority stockholders), cultural ideologies favoring power concentration, and political metaphors likening meetings of shareholders to sovereign bodies. Despite its entrenchment, China’s 2024 Company Law revisions reveal efforts to …

Two Americas, Across Two Americas: A Comparative Analysis Of Indigenous Law In The United States And Guatemala, Thomas Jiwon Lynch

Emory International Law Review Recent Developments

The United States and Guatemala are home to some of the largest indigenous populations on earth. They are also home to some of the worst transgressions against these peoples. Though superficially distinct, the two states share the same violent colonial history and their differing approaches to modern indigenous rights both miss the mark. The question is why. Is it because US judges routinely misinterpret existing case law? Because the rule of law is weaker in Guatemala? Or is there something far more deeply rooted in each state’s shared history that prevents true recognition of indigenous rights? This paper attempts to …

Comparative Federalism In The Us And The Eu — The Winemaker's Legal Perspective, Clement Xu

Emory International Law Review Recent Developments

In our lives, many of us will intersect with wine at some point, be it an aged bordeaux presented in elaborate fashion, or a box of nondescript cooler doled out at a backyard cookout. Beyond analyzing a wine for the complexity of its bouquet, or the strength of its tannins, the wine market as a whole beckons a nuanced study from the perspective of comparative law. The radical differences in business models, consumer base, and even expectations, between the “old world” and the “new world” give rise to a number of topics ranging from authenticity, legal protection, and government regulatory …

Synthetic Media As A Risk Factor For Genocide, Fatemah Albader

Journal of Law, Technology, & the Internet

The rise of artificial intelligence and machine learning has introduced synthetic media—AI-generated images and videos—as a transformative tool in international law. While these technologies can enhance documentation, advocacy, and awareness in conflict zones, they also pose serious risks when misused to incite violence or genocide. This Article explores the dual nature of synthetic media, focusing on its capacity to inflame ethnic tensions, spread disinformation, and manipulate public perception in ways that can catalyze mass atrocities. Drawing on historical examples and recent events, it highlights how synthetic media can function as a risk factor for genocide, especially in volatile environments, and …

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

Faculty Articles

The purpose of this paper is to: (1) review the applicable rule of law as it relates to both the initiation of warfare and the use of armed force in the execution of that warfare; and (2) apply those legal standards to the facts associated with the Israel/Hamas conflict. While this may seem an easy task – to set out unanimity in the international community – it is not. The inability to set bright lines of distinction between aggressors and those acting in self-defense is not just a failure in definition or even understanding, it is a failure to legitimize …

The Time Has Come To Stop The Bloodshed In Myanmar And Restore The People's Democratically Elected Government, Ronnie R. Gipson Jr.

Faculty Scholarship

Although the Myanmar coup occurred in February 2021, the world paid little attention mostly because the citizens were not white, not European, and the country did not hold huge oil reserves. Subsequent to the coup, Russia invaded Ukraine in 2022, and Israel responded to the Hamas attack on its territory by invading Gaza in 2023. Both of these events assured that the international community paid little to no attention to the plight of the people of Myanmar under the thumb of a repressive military dictatorship after having their freely elected democracy ripped away. If Ukraine is worthy of global attention, …

Masthead - Cardozo International & Comparative Law Review, Vol. 8 (2025)

Cardozo International & Comparative Law Review

No abstract provided.

Anticolonial Rights Advocacy, Christopher M. Roberts, Michelle M. Ong

Cardozo International & Comparative Law Review

It is often asserted that human rights discourse and practice principally originated following the Second World War, or as late as the 1970s, and that human rights claims are inherently Western and liberal. None of these assertions are true. In fact, both rights-based critiques and rights claims were frequently articulated prior to the Second World War. They were articulated not only by Western liberals, but also by anticolonial advocates from every part of the world. This article explores anticolonial rights claims advanced between the end of the First World War and 1930. Rights claims were extensively made by numerous groups …

On Emerging Technologies: The Old Regime And The Proactivity, Ran Xi

Cardozo International & Comparative Law Review

Nowadays, emerging technologies are revolutionizing nearly every facet of human life, shaping legal, cultural, political, and technological landscapes. Despite various breakthroughs, emerging technologies have also brought to society legal and regulatory challenges, such as the pacing problem, regulatory silos, and the black box issue. However, existing state-centric regulation on emerging technologies results in fragmented, inconsistent, and ineffective statutes and policies. The traditional regulatory regime, due to its reactive mindset, incremental approaches, and tools of modest efficacy, fails to mitigate associated risks and harms, sometimes even impeding technological innovation. To tackle this dilemma, this Article proposes a proactive law approach with …

Prosecutorial Independence Regained? Mixing The Continental And Anglo-American Styles In South Korea, Neil Chisholm

Cardozo International & Comparative Law Review

The article examines the challenges of achieving prosecutorial independence in South Korea, highlighting the tension between Continental European and Anglo-American models. It explores the reforms aimed at addressing these challenges, including the creation of the Corruption Investigation Office for High-Ranking Officials (CIO) and the decentralization of investigative powers. While these reforms reflect an effort to balance bureaucratic and democratic accountability, concerns persist about politicization, hierarchical control, and the effectiveness of new institutions. The article argues that the success of these reforms depends on structural changes and the ability of new agencies to operate independently.

Masthead - Cardozo International & Comparative Law Review, Vol. 9 (2025-26)

Cardozo International & Comparative Law Review

No abstract provided.

Measuring Location-Specific Rents, David Elkins

Cardozo International & Comparative Law Review

No abstract provided.

Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho

Cardozo International & Comparative Law Review

Insulation produced by the Danish company Rockwool or its Russian subsidiary lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels' operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia's 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights ("UNGPs'). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law ("IHL'). However, …

Information Governance In China: Data, Power, And The Law, Yuping Lin

Cardozo International & Comparative Law Review

Information is central to governance. In China, the State controls information, such as GDP data, to guide policy and shape political narratives. Given the importance of information, relevant parties, such as central and local governments, tend to monopolize its production and dissemination. This monopoly leads to the prolferation of misinformation, which not only undermines the governance but also affects public trust in the State. To address this problem, the first step is to understand the logic behind misinformation generation, followed by identifyingpotential solutions. This article traces the history ofmisinformation production through the lens of the principal-agent tension between central and …

Book Review Of “Nuclear Weapons And International Law: Existential Risks Of Nuclear War And Deterrence Through A Legal Lens”, By Professor Charles J. Moxley Jr., John Kierulf

Cardozo International & Comparative Law Review

No abstract provided.

A Vicious Cycle: An Intersectional Analysis Of Black Women’S Legal And Socio-Economic Vulnerability In The Hiv/Aids Epidemic, Summer Bell

Emory International Law Review

No abstract provided.

Delivery Of Substitute Goods In Unified International And European Sales Law, Justus Meyer

Emory International Law Review

The U.N. Convention on Contracts for the International Sale of Goods (CISG) stipulates that the seller can cure a lack of conformity by supplying a replacement. On the other hand, the buyer can only demand a replacement delivery if the lack of conformity constitutes a fundamental breach of contract. In contrast, according to the European Sales Law Directive, the consumer may, at his choice, require the seller to repair the goods or to replace them “in the first place”. This article traces the developments that have led to these different regulatory approaches.

Who Speaks For The State?, Robert Young, Kristina Daugirdas, Diem Ho, Duncan Pickard, Larry D. Johnson

Articles

Who speaks for the state is a critical question in international relations. Statements by government representatives have normative force—capable of binding the state in numerous ways, from norm formation to staking out a litigation position. Governments choose their representatives carefully, and typically vet positions and even statements in advance. Indeed, the stability of international relations hinges on the assumption that state representatives act with governmental authority. The stakes of disputes over who speaks for the state are thus high.

Several such contestations have emerged in recent years, in a variety of international fora. At the United Nations General Assembly, the …

Recognition Policies, Self-Determination, And Access To Legal Redress For Indigenous Peoples In The United States, Australia, And Canada: A Comparative Study, Christian Zavardino

Cardozo International & Comparative Law Review

The note examines recognition policies and self-determination frameworks for Indigenous Peoples in the United States, Australia, and Canada, arguing that the U.S. federalist system of tribal recognition offers a potential model for addressing Indigenous rights in other countries, particularly Australia. It emphasizes the importance of international law, such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), in guiding domestic policies and promoting Indigenous sovereignty.

Scaling 'Reverse Cfius': A Comparative Review Of Outbound Foreign Investment, Hannah Pérez

Cardozo International & Comparative Law Review

The note examines the evolution of U.S. regulations on outbound foreign investments, particularly under Executive Order 14105, known as "Reverse CFIUS," aimed at mitigating national security risks by restricting investments in critical industries in countries like China. It explores the legal, economic, and geopolitical implications of these regulations and compares them with similar measures in the EU, Japan, and Australia, emphasizing the need for international cooperation to effectively address these security concerns.

Artificial Intelligence And Its Exploitation By The Fashion Industry, Stephanie Solis-Kepes

Cardozo International & Comparative Law Review

The note explores the transformative impact of artificial intelligence (AI) on the fashion industry, highlighting its potential to enhance efficiency, innovation, and customer experience. However, it underscores the critical legal and ethical challenges, including data privacy, intellectual property rights, supply chain transparency, and diversity issues, that must be addressed to ensure responsible and equitable adoption of AI technologies.