International Law Commons^™

How The U.S. Constitution Shapes International Tax Law: Instrument Choice In Tax Agreements, Noam Noked, Young Ran (Christine) Kim, Reuven Avi-Yonah

Articles

The U.S. Constitution’s Treaty Clause, which requires Senate approval by a two-thirds vote for treaties, has significantly influenced the development of international tax law. This Article examines the implications of Senate supermajority requirements on bilateral and multilateral tax treaties and agreements, alternative instruments, relevant international tax standards, and global tax governance.

Historically, tax treaties have been approved exclusively as Article II treaties requiring Senate approval. The difficulty of entering into treaties with the United States has influenced the instrument choice and design of U.S. and international tax standards. To address this challenge, several U.S. and international tax reforms have employed …

Foreword, Veronica Degennaro

Emory International Law Review

No abstract provided.

Being Accountable To Our Grandchildren: Generational Accountability And The Eccc”, Alexandra A.K. Meise

Emory International Law Review

No abstract provided.

Private Military And Security Contractors And The Challenge Of Accountability Under International Humanitarian Law: Remarks From Laura A. Dickinson, Laura A. Dickinson

Emory International Law Review

No abstract provided.

Remarks From Brian Frenkel, Brian Frenkel

Emory International Law Review

No abstract provided.

Two Heads Are Better Than One: Integrating International Law And Global Public Health Approaches To Firearm Violence To Promote Public Safety And Human Rights, Arturo J. Carrillo, Jonathan Lowy

Emory International Law Review

No abstract provided.

Foreign Official Immunity And The Future Of International Criminal Law, Derek Jinks

Emory International Law Review

No abstract provided.

The Impact Of Digital Surveillance On Workers In Conflict Zones: A Case Study Of Kashmir, Sana Paul

Emory International Law Review

No abstract provided.

From Crime To Constitutional Crisis: The Legality Of El Salvador’S State Of Exception, Alex Jacobs

Emory International Law Review

No abstract provided.

Monopolizing The Harvest: Corporate Influence And Regulatory Gaps In Global Seed Governance, Mia Mahmudur Rahim

Vanderbilt Journal of Transnational Law

No abstract provided.

Voyage Of Injustice: The Socioeconomic Exploitation In The Cruise Industry, Tarissa L. Peterson

Vanderbilt Journal of Transnational Law

No abstract provided.

Beyond Digital Pessimism: How A Focus On Trust Can Enhance Eu Digital Law, Neil M. Richards, Woodrow Hartzog, Claire Boine, Lea Despotis

Scholarship@WashULaw

Lawmakers looking to foster technological innovation on the European market are adopting laws they hope will promote consumer trust in digital products. Their strategy can be broken down into three components. First, they aim to empower consumers to choose how much data they want to share with companies through an express consent framework. Second, they seek to avoid harms from digital products through product safety law such as adapting the Product Safety Regulation to digital products or adopting the AI Act. Third, they endeavor to prevent manipulation of consumers through digital means.

In this essay, we argue that while laudable, …

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Faculty Scholarship

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

The Reception Of International Human Rights Law In Charter Litigation: "Not A Box Of Chocolates" But You Still "Never Know What You're Gonna Get", Karinne Lantz

Articles, Book Chapters, & Popular Press

This article explores the reception of international human rights law(IHRL)in Canada. Focusing on the Charter context, it demonstrates that how IHRL applies in Canada continues to lack clarity despite repeated (and recent) efforts by the Supreme Court of Canada to provide it. This article argues that this lack of clarity is an important matter for the Court to address, particularly as IHRL is increasingly being invoked before courts and other tribunals around the world. It argues that the Court should adopt a methodology that: (i) endorses the “Dickson Doctrine,”according to which the “minimum protection approach”is robustly applied for international human …

Measuring Effective Labour Regulation In The Less Developed World: Recent Advances And Challenges Ahead, Lucas Ronconi, Steven Raphael

Comparative Labor Law & Policy Journal

This article critically reviews the literature on labour enforcement with a focus on less developed countries. Despite measurement limitations, the evidence indicates that enforcement is quite low in poorer countries; there are fewer inspectors and inspections, lower penalties, and less trust in the judiciary compared to richer countries. The lower level of enforcement contributes to higher rates of violations of workers’ rights. More controversial are the effects of enforcement on employment. Moreover, it is unclear how to prompt less developed countries to increase enforcement. This article discusses the scant evidence about the role of trade agreements, labour unions, international organizations, …

Corporatism For The Informal Economy: Democratising The Potential Of The Mathadi Tripartite Board Model, Shelley Marshall, Hila Shamir, Babu P. Remesh, Anjali Sharma

Comparative Labor Law & Policy Journal

This article examines the Mathadi Boards in Pune, India, as a pioneering example of corporatist regulation adapted to the informal economy. These tripartite institutions — comprising workers, employers, and the state — negotiate legally binding agreements on wages and working conditions for informal labourers, offering social protections and formalization without relying on traditional employment contracts. Drawing on extensive fieldwork and interviews, the study explores the Boards’ structure, governance, and impact, highlighting their potential as scalable models for informal labour regulation globally. It also identifies challenges related to representation, enforcement, and social exclusion, offering insights into how corporatist frameworks can be …

Collective Labour Dispute Resolution In Vietnam: The Evolution Of Rules And Institutions And Workers’ Strategic Deployment Of State Regulation, Trang T.K. Tran

Comparative Labor Law & Policy Journal

While Vietnam has established a legal system for labour disputes that largely mirrors those in developed countries, empirical evidence reveals these formal mechanisms are rarely, if ever, used to resolve collective disputes. The persistent failures of the formal mechanisms have, paradoxically, created an environment where workers and trade unions have developed innovative, informal strategies to leverage the state’s legal framework. Workers in Vietnam mobilize around the very existence of labour laws to exert pressure on employers and state institutions to intervene on their behalf, even if not directly following each labour laws’ procedure. This strategic deployment of state regulation, often …

Odious Debt And The Legal Mechanisms Of Imperialism, Jaylen Spears

Emory International Law Review

No abstract provided.

Broken Lands And Trusts: The Omnipresence Of The Natives’ Land Act Of 1913 And The Persistence Of Its Inequity, Emily Venkatesan

Emory International Law Review

The hallmark of all colonial and ex-colonial states is the preservation of racial hierarchy where a minority of white colonizers reserve complete control over the political, social, and economic landscape of a colonized nation. One of the most powerful exercises of this colonial oversight is the use of western property law to strip native landowners of their property interests and redistribute that land to white colonizer for economic and social power. Access and ownership of land is crucial for maintaining the colonial state. Land provides social and economic leverage in the hands of the indigenous nation, but strengthens the colonial …

Treating Social Media Corporations As Quasi-State Actors To Address The Use Of Artificial Intelligence In Content Moderation, Michael T. Tiu Jr.

Emory International Law Review

Corporations have become powerful actors in the international system. They have the potential to disrupt the protection of values that states have been performing for decades. One of these values–freedom of expression–has been the recipient of impact of emerging technologies owned by corporations. Social media platforms have become new governors of expression. Content moderation rules cause adverse impacts on freedom of expression. The vagueness of certain criteria and the inconsistency of their application have led to censorship of speech which would have been protected offline. This situation is exacerbated by the use of artificial intelligence in content moderation, owing to …

Developing A Framework For The Direct International Responsibility Of Nonstate Armed Groups: A Model From Africa, Andrew Feinstein

Emory International Law Review

No abstract provided.

Keynote Speaker Remarks From Ambassador Clint Williamson, Clint Williamson

Emory International Law Review

No abstract provided.

Building A Web Of Accountability: Learning From Ukraine’S Efforts To Bring Russian State Actors To Justice, Jane Stromseth

Emory International Law Review

No abstract provided.

Remarks Of Professor Jennifer Trahan, Jennifer Trahan

Emory International Law Review

No abstract provided.

International Human Rights Intervention: Collective Self-Defense Of Humanity, Anthony J. Colangelo

Emory International Law Review

No abstract provided.

Outsourcing War: Wagner, Private Military Actors, And The Accountability Gap In Modern Conflicts, Dr. Jelena Aparac

Emory International Law Review

No abstract provided.

Remarks From Professor Robert C. Blitt, Robert C. Blitt

Emory International Law Review

No abstract provided.

Privatising International (Organizations) Law, Melissa (M.J.) Durkee

Scholarship@WashULaw

This essay explores the increasing role of private commercial actors within international organizations (IOs) and the implications for international law. Once conceived as state-centred institutions, IOs now routinely involve corporations, trade associations, and philanthropic foundations in lawmaking, policy-setting, financing, and implementation. These actors participate through multiple channels: as observers, delegates, stakeholders, funders, and partners. While private involvement has historical precedents, its contemporary scale and formalization mark a significant transformation in global governance. International law, however, offers little guidance on the boundary between public and private authority, leaving legitimacy concerns unresolved. To evaluate privatization, the article identifies two competing logics: a …

Seeing International Organizations In A Shifting Landscape: Law, Practice, And Authority, Melissa (M.J.) Durkee

Scholarship@WashULaw

This book review symposium comes at a moment of visible strain in the postwar legal order. As of this writing, Canadian Prime Minister Mark Carney has described a "rupture" in the rules-based world order, warning that multilateral institutions and the architecture of collective problem-solving are under threat. Notably, Carney issued that warning at the World Economic Forum in Davos, before an audience of "companies and countries." The setting underscores a broader shift in global governance, in which states, firms, and philanthropic actors increasingly occupy shared institutional spaces, unsettling assumptions about law and power at the international level. The books under …

Space Enterprises As International Lawmakers: Nudges, Pledges, And Other Bottom-Up Modalities, Melissa (M.J.) Durkee

Scholarship@WashULaw

Private entities are influencing the development of international space law. Space enterprises need regulatory certainty and consistent standards to attract capital and develop their plans for space. Yet, states have lagged in their capacity to make multilateral international space law in traditional public fora. Private entities have responded to this legal lag by attempting to create, develop, and nudge international space law in commerce-friendly ways. This chapter surveys a variety of modalities by which commercial actors can affect the development of international law, offers several examples of how commercial lawmaking efforts