International Law Commons^™

Economic Sanctions As Legal Ordering, J. Benton Heath

Michigan Journal of International Law

This article recovers a critical episode in the history of economic sanctions and considers its implications for international legal order. Beginning in 1905, a group of Chinese citizens launched a series of protests targeting American, British, and Japanese goods. These boycotts caused economic damage, disrupted international relations, and at times won significant political victories. At the same time, they captured the imaginations of peace advocates, lawyers, and scholars, who saw in the boycotts either a fundamental threat to legal ordering, a promising avenue for enforcing interstate peace, or, most radically, an engine for new kinds of political organization outside the …

Thc Meets Gnh: Considering Cannabis Policy In Bhutan Through A Gross National Happiness Lens, Jay D. Wexler, Sonam Tshering

Faculty Scholarship

The legal status of cannabis remains a contentious issue globally, with countries adopting divergent approaches to the drug, ranging from strict prohibition to full legalization. In Bhutan, a nation deeply rooted in the holistic philosophy of Gross National Happiness (GNH), cannabis is currently classified as a controlled substance under domestic drug laws. This paper explores the question of whether Bhutan should change its laws regarding cannabis by analyzing decriminalization’s potential impact on Bhutan’s unique justice system, considering GNH principles and the prevalence of wild cannabis growth in the nation. The research will focus on whether Bhutan’s current approach to cannabis …

Extraterritorial Jurisdictions: Implementation Of Foreign Public Officials In United States, United Kingdom, And Indonesia, Jamin Ginting, Raden Febriarto Fadjar, Patrick Talbot

Indonesian Journal of International Law

Cross-border business transactions have the potential to be corrupted, especially in the form of bribery committed by actors from different countries and within different jurisdictions. The Indonesian Corruption Law has not regulated how to criminalize Indonesian public officials or certain private companies who bribe officials in other countries or vice versa. Although Indonesia has ratified the United Nation Convention Against Corruption, it has not adopted provision on bribery of foreign public officials. Among the international community, the regulations for bribery of foreign public officials have been started by the US Foreign Corrupt Practices Act of 1977. The United Kingdom also …

The International Court Of Justice And Clean Hands Doctrine: Shifting Approach With Reference To The Certain Iranian Assets Case, Atul Alexander, Tanay Khanna

Indonesian Journal of International Law

States have often invoked the clean hands doctrine (CHD) before the International Court of Justice (ICJ). The prevailing practice among States is to invoke the CHD with the purpose of deeming the assertions of the opposing State as impermissible or challenging the jurisdiction of the court. While the ICJ has constantly refused to uphold any argument based on the CHD, there are judges whose individual opinions have upheld the validity of the CHD. A common trend that is witnessed in cases where the courts have agreed or rejected the applicability of the CHD is when the application is not based …

The Need For The Enactment Of Prize Law Legislation In Indonesia, Pornomo Rovan Astri Yoga

Indonesian Journal of International Law

Indonesia is a peace-loving nation. However, maintaining independence is more precious than maintaining peace. Therefore, Indonesia will always be ready to maintain its independence at any cost, including war. Indonesia claims itself as a maritime nation. All of those facts disregard the point that Indonesia lacks legislation regarding the law of naval warfare. This is particularly true in the case of the prize law. There are no single laws, statutes, or even procedures that govern the prize law in times of armed conflict at sea. The practice of the prize law has also been lacking since Indonesia’s independence in 1945. …

Persistent Collaboration: Between International And Indonesian National Law On The Utilization Of Earth Orbit, Deden Habibi Ali Alfathimy, Runggu Prilia Ardes

Indonesian Journal of International Law

This paper examines the legal issues surrounding the utilization of Earth orbit as a valuable and finite resource for Indonesia and other countries by exploring the monism-dualism debate in the context space law discourse in Indonesia. The study starts with the discussions on monism and dualism in Earth orbit regulations. Then, the article explains relevant legal matters on space activities and the varying stances of some States before subsequently discusses legal divergences in Indonesia. The analysis of the article discloses both consistency and inconsistency between Indonesian national and international space law. The findings of this paper reveal that under the …

Problems Of Obligation To Use Indonesian As Trademarks Against International Principles Concerning Words As Mark, Hosiana Daniel Adrian Gultom, Agus Sardjono, Henry Soelistyo Budi, Untung Yuwono

Indonesian Journal of International Law

The Paris Convention and Trademark Law Treaty (TLT) have emphasized the importance of distinctive characteristics of words as marks. The TRIPs have stated that trademarks are signs with distinguishing power and one of the elements are words. There are two doctrines related to the distinguishing power of words, namely the likelihood of confusion and dilution. There are also eight categories of words as trademarks with distinctive power that are recognized internationally. Indonesian trademark law has regulated distinctive characteristics of wordmarks in relation to words that cannot be registered as trademarks and words whose application for registration has been rejected. This …

The Implications Of Un Security Council Resolutions In Shaping The Dynamics Of The Palestinian-Israel Peace Process: The Israel-Hamas War As A Case Study, Awara Hussein Ahmed, Hemn Shawkat Ali

Indonesian Journal of International Law

The Israeli war on Gaza on 7 October 2023 has raised questions regarding the effectiveness of international institutions in promoting peace and security. The Security Council (SC) plays an important role in global conflict resolution. The Council's response to the bloody war in Gaza has been the subject of scrutiny, causing many to question its competence and impact on global stability. Therefore, this study aims to examine the participation and influence of the United Nations Security Council (UNSC) in shaping the dynamics of the Israel-Palestinian conflict, with a particular focus on the recent military conflict between Israelis and Palestinians in …

The Potential Escalation Of Strategic Partnership Conflicts In The Indo-Pacific Region From The Aukus Trilateral Defense Pact, Yodia Adriatami Edwina, Yossica Ariatami Edwina

Indonesian Journal of International Law

The aggressiveness demonstrated by China in the South China Sea has caused instability and tension in military conflicts within the Indo-Pacific region. This aggressiveness was specifically demonstrated with the aim of controlling the sea in the region and considered a threat to maritime security, In an effort to balance the Indo-Pacific region against the aggressive attitude of China, the Trilateral Defense Pact agreement was made by Australia, United Kingdom, and United States. Despite the presented advantages associated with the effort, it is important to state that the agreement has raised concerns in Indonesia regarding its implications for maritime stability and …

التجنُّس عن طريق الاستثمار دراسة مقارنة طبقاً للمرسوم بقانون إماراتي رقم (3) لسنة 2020 والتشريعين المصري والأردني

UAEU Law Journal

Abstract

This study deals with nationality by investment in accordance with the Decree by Federal Law No. (3) of 2020, which amends certain provisions of Federal Law No. 17 of 1972 regarding nationality and passports in the UAE, particularly through Article (9) bis. Since naturalization is one of the directions for obtaining citizenship, the above-mentioned article dealt with the permission to grant citizenship to certain categories which includes, investors, entrepreneurs, specialized professionals and talented people in accordance with the terms and conditions set by the executive regulations of this law, our study focuses exclusively on the investor category for whom …

Double Standards? A Comparative Analysis Of Eu And Us Refugee Policies, Jensen Bee

Cardozo International & Comparative Law Review (CICLR) Blog

The disparity in treatment between Ukrainian and Syrian refugees has raised important questions about the consistency and fairness of international refugee protection frameworks. While both the European Union (EU) and United States have established comprehensive legal mechanisms for processing asylum seekers, their practical application reveals concerning inconsistencies in how different refugee populations are treated. This analysis examines these disparities and their implications for international refugee law.

This post was originally published on the Cardozo International & Comparative Law Review on January 21, 2025. The original post can be accessed via the Archived Link button above.

State Obligations To Prevent Torture, Madeline Cohen

Cardozo International & Comparative Law Review (CICLR) Blog

The right to be free from torture is firmly recognized in international law. Freedom from torture has been enshrined in many foundational United Nations (U.N.) documents since it was founded in 1945. In 1948, The United Nations Declaration of Human Rights (UNDHR) was approved by the U.N. General Assembly. Article 5 of UNDHR states that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” All 193 member-states of the U.N. have pledged to comply with this obligation.

This post was originally published on the Cardozo International & Comparative Law Review on January 21, …

Cross-Border Patent Enforcement: Navigating The Evolving International Landscape, Yena Hong

Cardozo International & Comparative Law Review (CICLR) Blog

In our increasingly interconnected world, the enforcement of patent rights across international borders has become a critical issue for innovators, businesses, and legal professionals. Recent developments in global patent law and patent enforcement mechanisms highlight the ongoing challenges and emerging strategies in this complex field. This article examines the current state of cross-border patent enforcement, focusing on key challenges, recent initiatives, and future trends.

This post was originally published on the Cardozo International & Comparative Law Review on January 21, 2025. The original post can be accessed via the Archived Link button above.

Louboutin Lawfare: Exploring Conceptions Of Sanctions' Utility Through Export Controls On Luxury Goods, Vinita R. Singh

Northwestern University Law Review

There is widespread consensus amongst scholars that sanctions—the deliberate withdrawal of customary trade and financial relations—do not work. Despite this perception, states are deploying sanctions at an increasing rate. This Article explains this paradox by arguing the predominant notion of sanctions’ utility employed by scholars is unduly constrained, narrowly focusing on the ability of such measures to modify the behavior of sanctioned parties while disregarding the alternative benefits this instrument can deliver. To support this argument, this Article uses export controls on luxury goods deployed in connection with the Russo–Ukraine War as a case study. Under prevailing perceptions of sanctions’ …

Digital Humanitarianism: An Interview With Fleur Johns, Louis Ravn, Fleur E. Johns

Critical Humanities

In this interview, Fleur Johns elucidates the central themes of her recent book #Help: Digital Humanitarianism and the Remaking of International Order. Situating her research alongside well-established critical analyses of digital platforms and algorithms, Johns elaborates on the distinctive characteristics of digital humanitarianism, how these can be studied through digital interfaces, and the politics of Big Tech’s involvement in this transformation of humanitarianism. Most importantly, the interview sheds light on Johns’s infra-disciplinary theoretical-methodological approach that seeks to transcend traditional disciplinary boundaries, resulting in her unique fusion of critical data/algorithm studies, international legal scholarship, and social theory. Based on this, …

Book Review, Jens Meierhenrich, The Violence Of Law: The Formation And Deformation Of Gacaca Courts In Rwanda (2024)., Mark A. Drumbl

Scholarly Articles

In The Violence of Law, Jens Meierhenrich—currently professor of international relations at the London School of Economics and Political Science—offers a detailed, erudite, and encyclopedic analysis of the gacaca system.

Legalist Realism, Mark A. Drumbl

Scholarly Articles

This essay explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of "legalist realism." Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and …

Fragmentation Of International Cybercrime Law, Mailyn Fidler

Law Faculty Scholarship

Cybercrime is global. But legal approaches to combating cybercrime have been fragmented. The first such multilateral legal mechanism, the Budapest Convention on Cybercrime, was launched in 2001 and positioned by its primarily Western drafters as a global instrument. But it has struggled to achieve full international uptake. Instead, many states have used regional organizations to create their own legal mechanisms addressing cybercrime and cybersecurity threats. More recently, the UN Convention on Cybercrime has emerged as an alternative to this fragmented landscape. But the emergence and significance of this “convergent” option cannot be understood without the context of the deep fragmentation …

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Comprehensive Bibliography On Independent Accountability Mechanisms At International Development Finance Institutions (1993-2024), Reagan Ferris, David Hunter

Bibliography

This bibliography collects published and some non-published material relating to the World Bank Inspection Panel and other independent accountability mechanisms (IAMs) at international development finance institutions (IFIs). Not included are those reports, decisions, action plans, etc., that are generated by the IAMs or IFIs in processing a specific case and made available on the IAM’s website through, for example, a registry of cases. The bibliography is organized according to the following sections:

I. Publications Relating to Independent Accountability Mechanisms, including Books, Chapters, Articles, Working Papers, Dissertations, Reports, Newsletters, Press Releases, Statements, and Comments

II. Publications from International Organizations, including publications …

Ziada V. Netherlands: Accountability Of State Officials In The European Court Of Human Rights, Mckenzie Gallagher

Human Rights Brief

In 2014, a Dutch Palestinian man, Mr. Ismail Ziada, lost six close family members in an Israeli airstrike labeled “Operation Protective Edge,”—a seven weeklong military offensive, waged by the Israeli defense forces (“IDF”) in the Gaza Strip. The family’s home, which was destroyed as a result of the attacks, was situated within the Al-Burej refugee camp. Shortly thereafter, the United Nation General Assembly established these attacks on civilians and civilian infrastructure were orchestrated by senior military officials, and strongly indicated the acts constituted a commission of war crimes in violation of international humanitarian law, international human rights law, and international …

The “Gray Zone”: Safeguarding Diplomatic Premises From Attacks By Third Countries, Tim Streit

Human Rights Brief

Diplomatic inviolability is a key norm in international law which guarantees that a state receiving a diplomatic mission from another state will not intrude on the mission’s physical premises and will protect them from any invasion or damage. The concept predates even Hugo Grotius, the so-called “father of international law,” who in his own works referenced it as established practice in the diplomatic community. The receiving state’s obligations towards diplomatic missions in its territory were solidified in the Vienna Convention on Diplomatic Relations in 1961. The same principles were later reiterated in the Vienna Convention on Consular Relations.4 Both treaties …

The Witchcraft Act And The Cost Of Inaction: Afchpr On The Persecution Of Persons With Albinism, Aly Orvis

Human Rights Brief

On February 5, 2025, the African Court on Human and Peoples’ Rights (“AfCHPR”) issued a landmark ruling in Centre for Human Rights and Others v. United Republic of Tanzania, holding that Tanzania had violated the rights of persons with albinism (“PWA”) by failing to protect them from systematic discrimination, violence, and ritual killings. The applicants, a human rights organization advocating for PWA, argued that the Tanzanian government’s inaction and weak legal framework fostered an environment of impunity for attacks against PWA, including violations of Article 2, the right to non-discrimination, of the African Charter on Human and Peoples’ Rights (“ACHPR”). …

Quota Reform, Repression, And The Fight For Human Rights In Bangladesh, Noreen Tareque

Human Rights Brief

On June 5, 2024, the High Court of Bangladesh ruled against the government’s decision to cancel the country’s quota system, stating that the decision to cancel the system in 2018 was invalid. This meant the country would go back to using the quota system to assign government jobs to students after they had completed their higher education. The quota system established that 30% of Bangladesh’s government jobs were reserved for the children and family members of freedom fighters who lost their lives during the Bangladesh Liberation War of 1971 against Pakistan.  Additionally, the quota system reserved 10% for women affected …

(D)Evolution Of International Commercial Arbitration In Mexico, Edwin N. Á. Román

Arbitration Brief

The 1990s were a time of vibrant international rulemaking in the field of international economic law, during which Mexico transformed from a closed to an open economy. In 1993, Mexico adopted the 1985 UNICITRAL Model Law on International Commercial Arbitration. In 2011, Mexico amended its commercial code by introducing a specific proceeding to enforce and set aside arbitration awards titled “Juicio Especial sobre Transacciones Comerciales y Arbitraje.” Alongside these amendments, Mexico became an internationally relevant jurisdiction for the recognition and enforcement of foreign arbitral awards. This article analyzes the evolution of the Mexican Supreme Court of Justice’s jurisprudence concerning international …

Third-Party Funding In Treaty-Based Arbitration: Towards A More Transparent And Responsible System?, Margie-Lys Jaime R.

Arbitration Brief

Third-Party Funding (“TPF”) has become the “new kid on the block” of long-established stakeholders in international arbitration. However, despite the increasing use of TPF, few countries have undertaken the task of regulating the intervention of funders. Even in countries where the practice of TPF is regulated, it is generally in codes of conduct or non-binding instruments.

Should Decisions Of Independent Accountability Mechanisms Be Binding?, Lalanath De Silva, Giada Giacomini

Perspectives

In this essay, it is argued that IAMs should be empowered with binding decision-making authority to enhance their effectiveness and ensure that justice is served, and remedies delivered. This argument is supported by analyzing the right of access to justice. Further, this essay analyses existing mechanisms with binding decision-making power that have already been created or acknowledged by IFIs; these mechanisms include IFI administrative tribunals for employees, arbitration processes for commercial disputes, integrity related sanctions regimes, and the appeal bodies that hear access to information decisions. The IFIs’ embrace of binding decisions in these contexts demonstrates that nothing prevents IFIs …

Reflections On The Launch Of The Inspection Panel And People-Centered Accountability, David B. Hunter

Perspectives

No abstract provided.

National Security Issues Arising In Anticorruption Enforcement, Anthony J. Lewis, Aisling O'Shea

American University National Security Law Brief

The overlap between national security and corruption has long been recognized; however, the government’s views on the nature of the overlap have shifted over time. For instance, in June 2021, the Biden administration announced an initiative to combat corruption as a core national security interest. The administration ordered a review by fifteen government agencies and offices, including the Central Intelligence Agency and the Office of the Director of National Intelligence. Then, in February 2025, the Trump administration declared that “overexpansive and unpredictable” enforcement of the Foreign Corrupt Practices Act of 1977 (“FCPA”) “actively harms American competitiveness and, therefore, national security.” …

A New "Administrative Law Approach" To Social Rights? Learnings From Environmental Litigation In Colombia, Maria Emilia Mamberti

American University International Law Review

Social rights are at present profusely recognized in international and domestic law. Latin American countries are frontrunners in the field, as virtually all constitutions in the region acknowledge social rights, often in ambitious manners. In many countries, courts have been active and creative in adjudicating social rights cases.

The increasing importance of social rights has led to copious debates in comparative law, which have initially focused on the convenience of constitutionalizing them, and on assessing their nature and core characteristics. With relevant exceptions, more current debates—largely revolving around the decisions of high courts from a handful of jurisdictions—have focused on …