International Law Commons^™

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster

Seattle University Law Review

For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices.  They press their claims in street protests, legislative hearings, dramatic performances, and other fora.  The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin.  More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …

Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li

Seattle University Law Review

This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …

From Copper To Ashes: Violations Of The Right To A Healthy Environment And Health In Tsumeb, Namibia, Sarah Dávila

Fordham Environmental Law Review

The rights to a healthy environment and health are not new human rights to the African System for Human and Peoples’ Rights. In fact, they have been protected under the African Charter on Human and People’s Rights since 1981. However, outside of the established normative framework, a pressing issue arises in States where the extractive industry maintains a stronghold on the economy. The people of and around Tsumeb, Namibia, have been subjected to egregious human rights abuses and an environmental crisis. Their lives and environment have been historically and continuously destroyed due to the foreign-corporate extractive industry. The mining and …

The U.S. Critical Minerals List: Between A Rock And A Hard Place, Wesley Peebles

Fordham Environmental Law Review

Critical minerals are minerals found essential to economic and national security and vulnerable to supply chain disruptions. Congress and presidents from both political parties have actively promoted critical mineral production, offering up billions of dollars to secure mineral supply chains. The federal government has invested to increase domestic mineral production, grow global partnerships, and reinvigorate U.S. industry in an attempt to reduce the risk of supply disruptions for these valuable minerals. To identify which minerals are critical to the United States, Congress tasked the Secretary of the Interior, acting through the U.S. Geological Survey (USGS), to evaluate and identify a …

Laudato Si’ And The Limits Of Law: Reflections On The Vocation To Protect Integral Ecology, Lucia A. Silecchia

Fordham Environmental Law Review

No abstract provided.

Confinement And Consent: A Comparative Analysis Of Sexual Abuse In Finnish And U.S. Prisons, Madison A. Greico

Binghamton University Undergraduate Journal

The Bangkok Rules and The Basic Principles for The Treatment of Prisoners are a specific outline of protections and rights for individuals( Bangkok specifically about women) within prisons adopted by the United Nations compromising states. While The United States is a leader in the United Nations and adopted this set of rules, their failures of commitment are extremely apparent. Every year, thousands of prison rapes occur behind bars in New York alone by the very guards meant to protect them. In Finland, another United Nations member, however, has virtually no record of sexual abuse within their prisons. In investigation of …

Incarcerated Youths In Canada And The United States: A Comparative Analysis, Grace A. Mastrangelo

Binghamton University Undergraduate Journal

Are children, who commit adult crimes, deserving of adult punishments? According to the United Nations, not if it harms their well-being. Article 3 of the Convention on the Rights of the Child (CRC) adopted by the United Nations in November 1989, states that 1) the best interests of the child should be the primary consideration of all state actions involving children, 2) governments must allot children the protection and care necessary for their well-being, and 3) governmental institutions, services, and facilities that deal with children must uphold adequate standards for the safety, health, and supervision of children. The CRC is …

Weather As A Weapon Of War: The Legality Of Cloud Seeding Under International Humanitarian Law, Fatemah Albader

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Indeterminacy Of Customary International Law, Mohamed Diaa Tawfik

Theses and Dissertations

This thesis explores the judicial formation of customary international law and examines how international courts oscillate between interpretive and law-making functions. It analyzes key theoretical frameworks—including Kelsen’s Pure Theory of Law, Dworkin’s Law as Integrity, Kennedy’s radical indeterminacy, and Koskenniemi’s Descending-Ascending Approach—to understand how courts assert and shape customary norms beyond mere state practice and opinio juris. The work concludes that the International Court of Justice and other tribunals increasingly act as de facto lawmakers under the guise of interpretation, advocating the indeterminacy they try to avoid.

The Mind Has A Firewall: An Attempt To Preserve Human Mind Integrity., Sayed G. Batran

Theses and Dissertations

This thesis argues for the recognition of mind integrity as a distinct human right. It contends that existing protections, such as bodily integrity, privacy, and freedom of thought, are no longer sufficient to shield an individual’s mental domain from new forms of external interference enabled by neurotechnology, artificial intelligence, and pervasive data-driven systems. Mind integrity is defined as the right to govern one’s own mental life—to form, revise, and hold thoughts, beliefs, and desires based on reasons one endorses—free from significant, non-consensual interference or manipulation, regardless of the method used. The thesis first identifies concrete risks and regulatory vacuums by …

Two Decades Since Cms V. Argentina: Concession Contracts, Necessity Doctrine, And The Imf’S Impact On Sovereign Economic Governance, Esraa S. Saied Abdallah

Theses and Dissertations

In the evolving landscape of international trade, particularly within the framework of Bilateral Investment Treaties (BITs), the primary aim has been to promote and protect foreign investment. The 1980s witnessed a notable increase in investment treaties, coinciding with a global shift toward privatization that was significantly influenced by the impact of international financial institutions, including the International Monetary Fund (IMF) and the World Bank. By the 1990s, BITs had evolved to offer specific guarantees aimed at reducing the risks foreign investors faced in host states. However, despite the growth and transformation brought about by foreign investments, disputes arising under investment …

In The Belly Of The Beast:The Struggle For Abortion Rights And Reproductive Freedom In El Salvador, Cho, Karen Hyunbee

Santa Clara Journal of International Law

El Salvador maintains one of the most restrictive abortion regimes globally. Abortion is prohibited in all circumstances, and women who undergo the procedure may face prosecution for aggravated homicide, punishable by sentences of up to fifty years’ imprisonment. Healthcare professionals who assist with such procedures can likewise face criminal liability, with penalties of up to twelve years of imprisonment. This article concerns the case of a woman named Beatriz (surname unlisted) in El Salvador who sought an abortion in 2013 when she was medically diagnosed with a high-risk condition and an anencephalic fetus during her pregnancy. She was denied her …

Seeing Beyond The Words: What Interdisciplinary Methodologies Reveal About International Law, Matthew S. Erie, Mark Pollack, Wolfgang Alschner, Beth Simmons, Katerina Linos

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: On April 24, 2025, the International Law and Social Science Interest Group debuted at the ASIL Annual Meeting with a panel that posed a deceptively simple question: how can social science tools advance the work of international lawyers? Chaired by Chantal Thomas, the session brought together Matthew Erie, Wolfgang Alschner, Beth Simmons, and Katerina Linos— scholars who bridge doctrinal and empirical inquiry—to show how ethnography, computational text analysis, counterfactual inference, and mixed-method design can illuminate legal puzzles that doctrine alone cannot solve. The four short essays in this symposium provide parallel illustrations of this core theme: Erie’s ethnographic approach …

Mapping The Mechanism For Trade Dispute Resolution In The Bilateral Free Trade Agreement Between Indonesia And Partner Countries, Garuda Wiko, Fatma Muthia Kinanti

Indonesian Journal of International Law

Indonesia actively promotes international trade liberalization through various free trade agreements (FTAs) with partner nations. This study focuses on the dispute settlement mechanisms (DSM) within Indonesia’s bilateral FTAs, given that most partners are members of the World Trade Organization (WTO), making this relevant comparison. The research is divided into three main parts: explaining international trade dispute settlement mechanisms, mapping DSMs in Indonesia’s FTAs, and a comparative analysis. It aims to answer how dispute settlement mechanisms are structured in Indonesia’s bilateral FTAs. Based on the mapping, it is found that the majority of Indonesia’s bilateral FTAs align with WTO dispute resolution …

Divorce Of International Mixed Marriage And Marriage Held Abroad And Indonesian Private International Law, Tiurma M. Pitta Allagan

Indonesian Journal of International Law

The unstoppable tide of globalism not only brings an increasing commercial interconnectivity between nations, but also bonds of matrimony, and in turn, the chance of divorce. Indonesian courts entertaining international divorce cases is certainly not a rarity, neither divorce of the international mixed marriage nor the marriage that was held abroad. With two recent divorce cases having a foreign element, Indonesian courts declared having no jurisdiction under grounds of “litis pendentie” and forum non-convenience, including one by the Indonesian Supreme Court. In three other cases, the courts, after addressing the preliminary question of marriage, applied the “lex fori”, or Indonesian …

Investment Arbitration: On The Availability Of The State Counterclaim, Syamsul Maarif, Latif Mustofa, Alfi Husni

Indonesian Journal of International Law

This paper explores the availability and significance of state counterclaims in international investment arbitration, a mechanism typically perceived as favoring investors. While investor-state dispute settlement (ISDS) provides foreign investors with powerful legal recourse, it has led to concerns over the asymmetry in investor-state relations, often perceived as skewed against host states. By allowing states to file counterclaims, a more balanced and sustainable arbitration framework can be achieved, discouraging baseless claims and promoting fairness. The analysis draws on arbitration rules of major tribunals, including the ICSID and UNCITRAL frameworks, and reviews notable cases such as Metal-Tech v. Uzbekistan, Al-Warraq v. Indonesia, …

Emergency War Arrangements In Asean: A Comparative Analysis, Ardi Susanto, Qurrata Ayuni

Indonesian Journal of International Law

The Hague Conventions include a general participation clause and is regarded as customary international law, meaning that ASEAN countries are considered bound by the norms contained within the convention. The declaration of war as stated in the Hague Convention III of 1907 was adopted in Article 11 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which, to date, has not provided further regulations governing the implementation of legislative and executive powers concerning the declaration of war. Therefore, it is necessary to look at the constitutional arrangements for the state of war in ASEAN countries through comparative law …

Legal Implications Of The Mauritius V Maldives Case On The Delimitation Of Archipelagic States, Aishath Ruhsha Nasheed, Mohd Hisham Mohd Kamal

Indonesian Journal of International Law

Maritime boundary delimitation is a complex field of international law characterized by uncertainty and unpredictability. Historically, States have relied on case law to develop and elaborate on the ambiguous provisions stipulated under the United Nations Convention on the Law of the Sea (UNCLOS) concerning maritime boundary delimitation. However, case law related to the maritime delimitation of archipelagic States is limited, leading to conflicting interpretations of the basic principles of maritime delimitation in the context of archipelagic States. This paper aims to examine the legal implications of the latest Mauritius v. Maldives case on the maritime boundary delimitation of archipelagic States. …

The Structural Obligations Approach To Human Rights, David Birchall

Indonesian Journal of International Law

This paper starts from the observations that access to socio-economic rights is retrogressing in many wealthy states and that human rights argumentation is failing to address the causes of this retrogression. The paper locates a core reason for this failure in an imbalance between narrow but forceful claim rights and inclusive but imprecise structural approaches. It builds a form of rights practice that merges the strength of each approach. It is predicated on five key principles: structural obligations should identify discrete rights-based problems that engender specific obligations upon feasibly obligated duty-bearers to make practicable changes to conduct to realise rights …

International Governance Of Ocean Iron Fertilization Research: A Case Study Of The Proposed Exploring Ocean Iron Solutions Field Experiments, Ashwin Murthy, Romany M. Webb

Sabin Center for Climate Change Law

Ocean iron fertilization (OIF) has been a subject of scientific research since the 1980s. The primary international legal instruments regulating OIF are the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention or LC) and the 1996 Protocol to that Convention (London Protocol or LP). To guide regulation of research activities, under the LC and LP, the Assessment Framework was developed.

To demonstrate how domestic regulators might use the Assessment Framework, this paper explores its application to recently proposed OIF field trials advanced by the Exploring Ocean Iron Solutions (ExOIS) research consortium. …

International Arbitration & Artificial Intelligence: Opportunities,Challenges,And Evolving Regulations, Martínez Quintanilla, Javier Antonio

Santa Clara Journal of International Law

This paper provides a comprehensive analysis of the regulatory framework; the opportunities and the challenges associated with the use of artificial intelligence in international arbitration. First, it addresses relevant regulatory instruments such as the Guideline on the Use of AI in Arbitration of the Chartered Institute of Arbitrators (CIARB); the Guidelines on the Use of Artificial Intelligence in Arbitration of the Silicon Valley Arbitration and Mediation Center (SVAMC); the Principles Supporting the Use of AI in Alternative Dispute Resolution of the International Centre for Dispute Resolution(ICDR); the European Union Artificial Intelligence Act; and the New Task Force on AI in …

Trade, Tariffs, Sanctions, And Security: A Framework For Judicial Review, Cory Alexander Evans

UF Law Faculty Publications

National security and international trade, and their intersections, have become critical focuses for recent administrative action. It was once rare to invoke national security as a justification for tariffs and restriction on foreign investment, but it has now become increasingly common. Courts reviewing these measures have largely defaulted to deferential approaches developed in an earlier era—one in which such actions were infrequent and rarely litigated. But in an era where assertions of national security are more common, this dogmatic jurisprudential approach lacks coherence. A new framework is needed to better guide judicial review.

This Article proposes that new framework. It …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

The National Security Internet, Anupam Chander

Georgetown Law Faculty Publications and Other Works

In response to widespread foreign surveillance and growing geopolitical distrust, governments are erecting a national security internet. Pioneered by China, national firewalls have gone global. But where firewalls sought to keep information out, they now seek to keep data in. Governments keen to avoid their citizens’ data from falling into foreign hands demand not only that personal data be stored on local servers, but also require that it be stored on local servers by local companies—what this Article calls “data localization squared.” Enforcing this demand requires a new mechanism of transnational control: immunity from foreign jurisdiction. Artificial Intelligence (AI) systems, …

Between Borders And Bodies: Sovereignty, Universality, And The Crisis Of Enforcement In International Law, Aliaa Riad Hassanien Aliaa Riad

Theses and Dissertations

Atrocities such as genocide and war crimes persist not despite international law, but within its very structure. Although international law is designed to protect humanity, it repeatedly fails to do so due to its inability to enforce its most fundamental norms. In the absence of enforcement, the law exists—but merely stands still. This failure stems from the structural contradictions embedded in the system—specifically, the tension between the principles of sovereignty and universality. As a result, international law has become a selective, politicized, and ineffective framework. Incidents such as the Rwandan genocide and the civil wars in Syria and Sudan demonstrate …

Legal Paradoxes Of Transition: Transitional Justice And The Rule Of Law Between Nürnberg And Saddam Hussein Trials, Rasha Abdelsamea Ahmed Baghdadi

Theses and Dissertations

ABSTRACT

This thesis critically examines the legal paradoxes embedded within transitional justice (TJ) discourse, using the Nürnberg and Saddam Hussein trials as case studies to interrogate the complex relationship between justice and the rule of law in TJ discourse. It highlights the inherent tension between forward-looking societal reforms and the pursuit of backward-looking justice, challenging the foundational assumptions of TJ as a universal tool for justice and peace. It also questions the validity and credibility of "transition" as a phase between the past and the future. It contends that TJ, driven by Western liberal epistemic foundations, functions as an exclusionary …

Reprioritizing International Patent Law, John R. Thomas

Georgetown Law Faculty Publications and Other Works

Over the past half-century, rapid technological change and globalization have reshaped innovation and intellectual property, yet the foundational international agreements anchoring the global patent system have remained essentially unchanged. The drafters of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) viewed these agreements as dynamic instruments that, through procedural coordination, would rationalize international patent administration. The Paris Convention has resisted reform for decades, however, while the PCT has failed to achieve its goals of reducing examination workloads and fostering worksharing among national patent offices. It now exacerbates the very inefficiencies it sought to …

The Role Of The U.S. State Department As An Amicus In Foreign Policy Abstention Analysis, Sarah Kurpius

Northwestern University Law Review

Foreign policy abstention is a novel and unsettled doctrine in international litigation. Unlike other established international litigation abstention doctrines, foreign policy abstention permits courts to decline jurisdiction when adjudication implicates significant foreign policy concerns. First invoked in 2004, the doctrine has since appeared sporadically in case law, most recently in the Eighth Circuit’s decision in Reid v. Doe Run Resources. Yet, its analytical framework remains muddy and amorphous, leading to inconsistent judicial application.

This Note examines one critical factor courts consider when determining whether to apply the foreign policy abstention: the strength of U.S. foreign policy interests in the …