International Law Commons^™

Penanganan Kasus International Child Abduction Di Indonesia: Studi Kasus Penculikan Ezekiel Gionata Purba & Penculikan Enrico Johannes Susanto Carluen, Dhani Ershiano, Ari Wahyudi Hertanto, Benedetto Setyo Satrio Utomo

Jurnal Hukum & Pembangunan

Child protection, particularly in preventing and addressing cases of international child abduction, is an obligation of all states. This phenomenon frequently occurs in Indonesia when a foreign-national parent, following divorce, unilaterally takes their biological child abroad in violation of court-granted custody, guardianship, and/or access rights of the other parent. Currently, Indonesia lacks adequate legal provisions to prevent and resolve cases of international child abduction. Moreover, Indonesia has not yet acceded to the Hague Convention on the Civil Aspects of International Child Abduction 1980 (“the 1980 Hague Convention”). This convention establishes a legal mechanism to ensure the prompt return …

Affording Oral Tradition Evidence Due Weight Before The International Court Of Justice, Terrence Neal

Faculty Scholarship

Oral traditions are irreplaceable sources of historical information, particularly with regard to Indigenous Peoples’ histories and cultures. However, when states have submitted oral traditions as evidence of historical practices, events, and circumstances in cases before the International Court of Justice (“Court”), the Court has been reluctant to afford them significant weight. This Article, which is the first detailed study on the Court’s treatment of oral traditions, examines whether the Court is failing to provide them due or appropriate weight. Based on historical, archaeological, and anthropological research, it establishes that oral traditions can be as reliable as written documents for reconstructing …

Interplanetary Risk Regulation, Jonathan B. Wiener, Charles (Chase) Hamilton

Faculty Scholarship

Space exploration promises new opportunities but also new risks. After centuries of national settlements and international conflicts on Earth, and the Cold War era of two great power states racing to the Moon, today we see a rapidly proliferating arena of actors, both governmental and non-governmental, undertaking bold new ventures off-Earth while posing an array of new risks. These multiple activities, actors, and risks raise the prospects of regulatory gaps, costs, conflicts, and complexities that warrant reconsideration and renovation of legacy legal regimes such as the international space law agreements. New approaches are needed, beyond current national and international law, …

The Dangerous Rise Of Dual-Use Objects In War, Oona A. Hathaway, Azmat Khan, Mara R. Revkin

Faculty Scholarship

Each day, the news brings stories of military attacks on schools, hospitals, apartment buildings, electrical facilities, and other critical civilian infrastructure. The militaries attacking these objects often seek to justify the attacks by claiming that the civilian objects are being used by militants. Objects that are believed to have both military and civilian use are often referred to as “dual-use” objects. Even though the term has become common, international law does not recognize a “dual-use” object as a legally meaningful category. Rather, the postwar Geneva Conventions that lie at the core of modern international humanitarian law establish a bright line …

What We Can Learn From The Notorious P&Id V. Nigeria, Emily Granja

Arbitration Brief

On October 23, 2023, England’s High Court of Justice ruled in favor of the Federal Republic of Nigeria in Nigeria v. Process & Industrial Developments Ltd. (P&ID). Reviewing the case, the High Court vacated P&ID’s $10 billion arbitral award after finding significant evidence of fraud and bribery. While the High Court’s decision marked a victory for Nigeria, it also shook the international arbitration system. This case exposed some of international arbitration’s flaws and generated new concerns regarding the confidentiality inherent in the arbitration process.

Cultural Conquest: Russia's Strategic Assault On Ukrainian Heritage As Both A Catalyst For And A Casualty Of Conflict, Brittan Harrell

American University International Law Review

Vladimir Putin and his government have disseminated fabricated claims about Ukraine’s history, language, and sovereignty as a rationalization for the 2022 invasion of Ukraine. Not only has the war resulted in grave human loss, but it has also caused widespread destruction throughout Ukraine. Nongovernmental organizations, foreign governments, academics, and Ukrainian citizens have collected robust evidence that Russian forces are purposefully targeting repositories of Ukrainian identity. The intentional destruction of this protected property is considered a war crime under the Rome Statute. Following the International Criminal Court’s (“ICC”) first successful prosecution for the destruction of protected property in 2016, there has …

In Violation Of Diplomatic Treaties: A Look Into Ecuador's Forced Extraction, Josie C. Tarin

American University International Law Review

In December 2023, former Vice-President of Ecuador, Jorge Glas, sought political asylum in the Mexican Embassy located in Quito, Ecuador. On April 5, 2024, following a week of political discourse between the Ecuadorian and Mexican governments, the Mexican government granted Glas political asylum. In their announcement, Mexico reminded Ecuador that the 1954 Caracas Convention on Diplomatic Asylum and the 1961 Vienna Convention on Diplomatic Relations protected both Glas and the employees within the Mexican embassy. On the evening of Mexico’s announcement, Ecuadorian agents operating under executive authority entered the Mexican embassy without consent, injured an employee of the Mexican embassy …

Improper Use Of Tax Treaties And Source Taxation: Policy, Practice And Beyond, Eivind Furuseth, Jinyan Li

Conference Papers

The question of improper use of tax treaties (or treaty shopping) defies a simple or straightforward answer. The line between “proper use” and “improper use” a tax treaty depends on the determination of the intended use of a treaty provision by Contracting States (i.e. the common intention as well as the object and purpose of the treaty provision). As a treaty interpretation issue, that determination varies from country to country. Furthermore, the extent of taxpayers’ right to tax planning and expectation of tax certainty also varies across countries. Finally, the effect of domestic general-anti-avoidance rules (GAARs) and the new principal …

Applicability Of Multilateral Environmental Agreements During International Armed Conflicts, Beatrice L. Hamilton

Loyola University Chicago Law Journal

Armed conflicts increasingly contribute to environmental damage and climate change, yet, as proven by recent and ongoing conflicts, the legal framework for the protection of the environment under the law of armed conflict (LOAC) fails to effectively mitigate these damages. With rising temperatures, already diminishing resources, the counter-acting of mitigation and adaptation efforts due to warfare and geo-political tensions on the rise, there is a strong case for considering the potential for enhancing the protection of the environment during armed conflicts.

This Article examines the terms of applicability of multilateral environmental agreements (MEAs) during international armed conflicts. The article draws …

Fairness Writ Large Or Writ Small In International Criminal Justice, Nancy Combs

FIU Law Review

This article highlights the various, sometimes competing conceptions of fairness in international criminal law.

Beyond Policy: Overcoming Challenges In Prosecuting Gender Persecution At The International Criminal Court, Yvonne M. Dutton, Milena Sterio

FIU Law Review

No abstract provided.

Legalist Realism, Mark A. Drumbl

FIU Law Review

This article 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 …

Provisional Release At International Criminal Courts And Tribunals – Lessons Learned?, Ava Schuster, Göran Sluiter

FIU Law Review

This article builds on Professor Meghan Fairlie’s earlier critique of pre-trial detention practices at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Fairlie identified significant shortcomings in safeguarding the right to liberty and the presumption of innocence of detainees, arguing that the Tribunal’s approach was inconsistent with international human rights law (IHRL). Fifteen years later, how has the International Criminal Court (ICC) addressed these concerns? While the Rome Statute introduces notable improvements, including an explicit commitment to IHRL, the Court’s practice still heavily favors detention over liberty. A key issue remains the ICC’s reliance on State cooperation for provisional …

Professor Megan A. Fairlie's Scholarship On The Relationship Between The United States And The International Criminal Court, Jennifer Trahan

FIU Law Review

No abstract provided.

Attendant Circumstances: A Reflection On Professor Megan A. Fairlie’S Mentorship, Casey Waldeck

FIU Law Review

No abstract provided.

Harvesting Humans, Joanmarie Ilaria Davoli

Belmont Law Review

This Article examines allegations of systematic forced organ harvesting by the People’s Republic of China and argues that existing U.S. federal criminal law provides an underutilized mechanism to deter American participation in that industry. Tracing the historical development of China’s transplant system—from the use of executed prisoners to the alleged targeting of prisoners of conscience, including Falun Gong practitioners and Uyghurs—the Article situates organ procurement practices within broader human rights and genocide concerns. It contends that despite congressional hearings, resolutions, and proposed sanctions, meaningful deterrence has been limited. The Article advances a novel enforcement theory: prosecution of U.S. persons under …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

An Almighty Influence: Catholicism's Hand In Divergent Abortion Protection Outcomes From The Philippine And Mexican Judicial Systems, Maris Medina

Loyola University Chicago International Law Review

Since Spain introduced Catholicism in Mexico and the Philippines by way of violent colonization, the religious institution has fulfilled an enormous role in the two countries' governance. When considering reproductive justice, it is evident that the Mexican and Philippine governments' relationships with Catholicism have shaped the way political and judicial structures grant access to, interpret, and govern the right to abortion. With Catholicism's influence in government, how has one country decriminalized abortion and the other continues to levy criminal prosecution against it?

The 2023 decision from Mexico's Suprema Corte de Justicia de la Nación decriminalizing abortion nationwide tracks a greater …

Standing Up To China: How The Exclusive Economic Zone Of The Philippines And A Looming Alliance Will Challenge Relations With China In The South China Sea, Graham Colombo

Loyola University Chicago International Law Review

China has consistently asserted its jurisdiction throughout the South China Sea for approximately 40 years, but recent events illustrate a critical juncture in the area's longstanding conflicts. On August 5, 2023, a Chinese coast guard vessel deployed a water cannon against a Philippine boat in Philippine territory in the South China Sea. Following the incident, multiple countries in close proximity to the South China Sea have questioned their threshold for tolerance for China's aggressive actions. If these countries do not halt China's assertion of jurisdiction, China will keep advancing and claiming territory as their own.

The nine-dash line ruling, the …

Agoa In The New Context Of The Affcfta: The Need For Renewal And Reform, Melissa Zindel

Loyola University Chicago International Law Review

The African Growth and Opportunity Act (AGOA) ("Act") (19 U.S.C. § 3701) was signed into law on May 18, 2000, to promote "stable and sustainable economic growth and development" in sub-Saharan African countries through a system of enhanced trade preferences. Congress extended the Act in 2015, and it is currently set to expire in September 2025. The economic climate on the African Continent has changed substantially since AGOA's 2015 renewal, in large part due to the ratification of the African Continental Free Trade Agreement (AfCFTA), which went into effect on May 30, 2019. Nearly every African nation has now signed …

"Not A Victimless Crime": A Comparison Of Global Regulatory Frameworks And The Future Of The International Community's Response To Artificial Intelligence Crime, Blake Morrow

Loyola University Chicago International Law Review

The international community continues to implement regulations on artificial intelligence (Al). Fueled by AI's burgeoning generative ability, the technology's growth presents a heightened risk that bad actors will use Al systems to facilitate crimes or produce harmful content, including the production of child sex abuse materials (CSAM).

Despite this heightened risk, countries and other regulatory bodies struggle to balance the benefits of Al innovation against limiting any potential dangers. Moreover, with no uniform international regulations on Al and very little guidance from international leaders, the global Al regulatory landscape remains a fragmented patchwork of domestic approaches that limit international cooperation. …

Fair Play Or Fraud: The Disparity Of Wada's Enforcement Of International Anti-Doping Laws In Russia And China, Ashleigh Kaosombat

Loyola University Chicago International Law Review

This note examines the World Anti-Doping Agency's ("WADA") disparate enforcement of its Code in doping cases involving Russian and Chinese athletes, highlighting inconsistencies in sanctioning and examining the consequences of these deviations. This disparate application of WADA's Code provisions frustrates the agency's mission to promote fair competition in international sport by diluting the legitimacy and authority of its enforcement. In both WADA v. RUSADA (2020) and WADA v. RUSADA (2024), WADA launched full investigations into Russian athlete doping in international sporting competition.

WADA v. RUSADA (2020) demonstrates WADA's condemnation of Russian state-sponsored doping practices, while WADA v. RUSADA (2024), Kamila …

Who Do We Think We Are? Human Rights In A Time Of Ecological Change, Usha Natarajan

Loyola University Chicago International Law Review

This article explores the relationship between international human rights law and the environment. It begins with asking “who do we think we are” to understand the forms of subjecthood and subjectivity produced by human rights. It argues that human rights normalize a series of false conceptions about our collective self that have detrimental social and ecological consequences. The article next examines the question of “where we think we are”, probing the ontological rift between humans as subjects of rights and “the environment” as the repository of resources with which to satisfy human entitlements. The article challenges human rights as a …

Between Penal Code And Mob Justice: Pakistan's Violations Of The Iccpr Through Blasphemy-Driven Violence, Natasha Ali

Loyola University Chicago International Law Review

Blasphemy in Pakistan is not merely a legal offense—it is an allegation that can ignite a mob. For decades, the country’s blasphemy laws have been the subject of international scrutiny, particularly as they intersect with civil society and fuel the rise of extrajudicial violence perpetrated under a collective mob-justice mentality. The killing of Tahir Ahmed Naseem, a fifty-seven-year-old American citizen, shot in a courtroom while awaiting trial on blasphemy charges, is not an anomaly but a chilling illustration of a system where an accusation alone can become a death sentence.

The continued existence of these blasphemy laws has entrenched a …

The Emerging Framework For The Recognition & Enforcement Of Annulled Arbitral Awards In U.S. Jurisprudence, Sarah Klim

Articles

The recognition and enforcement of foreign awards are governed almost universally by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"). However, this recognition and enforcement necessarily invokes national judicial power. The New York Convention does not devise a harmonized set of rules for courts to follow when faced with a request to recognize and enforce an annulled award. This has resulted in divergent approaches by national courts, which derive "not from any perversity of judges but from good faith variants in perspectives on how to construe the treaty."  This paper seeks …

The Haitian Revolution, Anti-Haitianism, And The Evolution Of Exclusionary Immigration Policy In The United States, Joseph M. Frengel

Student Articles and Papers

No abstract provided.

Charting The Course : The Role Of Imo Within The Unclos Legal Framework In Tackling Challenges Of Contemporary Shipping, M. C. Romero, R. Beckman, T. Nguyen, J. Ong, G. Theocharidis

Reports

This report documents the proceedings of the two-day workshop, "Charting the Course: The role of IMO within the UNCLOS legal framework in tackling challenges of contemporary shipping," jointly organized by the World Maritime University (WMU) and the Centre for International Law (CIL) of the National University of Singapore (NUS). The event took place in Malmö, Sweden, from June 9 to 10, 2025.

The central theme was the complementary relationship between the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and IMO regulations, with an emphasis on the flag State’s duties under UNCLOS Article 94. The workshop’s core …

The Complete Bibliography Of Professor Megan A. Fairlie

FIU Law Review

No abstract provided.

The Need To Explore The Potential Of Marine Cdr With A One-Earth Strategy: A Guide For Policy-Makers, Philip W. Boyd, Jean-Pierre Gattuso, Minhan Dai, Louis Legendre, Terre Satterfield, Romany M. Webb

Sabin Center for Climate Change Law

Rapid, deep and sustained reductions in carbon dioxide (CO₂) emissions are essential to achieve the goals of the Paris Climate Agreement of keeping the long-term global average surface temperature increase well below 2°C above pre-industrial levels and pursue efforts to limit it to 1.5°C . In addition, the 2021 IPCC Report explains that carbon dioxide removal (CDR) will be needed to offset residual CO₂ emissions from activities and sectors that are difficult to decarbonize by 2050. The objective of CDR is removal of atmospheric CO2 from residual emissions and its durable storage in reservoirs, which is an additional critical element …

The Singapore Convention On Mediation: A New Framework For International Settlement Enforcement, Peter Phillips, Zachary Calo, Harold I. Abramson

Scholarly Works

The Singapore Convention on Mediation undeniably represents a landmark development in the field of international dispute resolution, providing a long-awaited and much-needed international enforcement framework that has the significant potential to substantially enhance the credibility, attractiveness, and overall effectiveness of mediated settlement agreements in cross border commercial disputes. By establishing a more predictable and reliable mechanism for the enforcement of these voluntarily reached agreements, the Convention directly addresses a critical gap that had long existed in the international dispute resolution landscape, particularly when compared to the well-established regime for the enforcement of international arbitral awards under the New York Convention. …