International Law Commons^™

Public International Air Lawfare: China’S Use And Abuse Of The Skies., Major Emily K. Johnson

American University National Security Law Brief

Following World War II, China entered a years-long period of civil war between the Kuomintang government, which was then in power as the government of the Republic of China, and the Chinese Communist Party. After years of conflict, the Kuomintang was forced to retreat to the island of Taiwan in 1949, effectively and reluctantly ceding the Chinese mainland to the Chinese Communist Party. Despite its best efforts, the Kuomintang never regained control of mainland China in the ensuing years; however, it never dissolved and instead remained in place on Taiwan.

As a result, Taiwan, which lies a mere 80-100 miles …

Cumulative Environmental Impacts In Thailand : A Legal Appraisal Of The Eia Regime Under Neqa, Leila Kenza Cherkaoui

Chulalongkorn University Theses and Dissertations (Chula ETD)

This Research examines the limitations of Thailand’s Environmental Impact Assessment (EIA) framework under the Enhancement and conservation of National Environmental Quality Act B.e. 2535 (1992) (NEQA), with a focus on its failure to address cumulative environmental impacts in tourism-intensive regions such as Phuket, Koh Samui, and Chiang Mai. While EIA was originally introduced to ensure that environmental risks are considered before project approval, in practice Thailand’s system remains narrowly projectbased, overlooking the combined effects of multiple small and medium scale development that together exceed ecological carrying capacity. This has contributed to serious environmental degradation, including coral reef decline, freshwater depletion, …

Introduction: In Honor Of Professor Megan A. Fairlie, Antony Page

FIU Law Review

No abstract provided.

Introduction To Perspectives On The International Criminal Court And International Criminal Law And Procedure: A Symposium In Memory Of Megan Fairlie, Howard Wasserman

FIU Law Review

No abstract provided.

Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann

FIU Law Review

Conventional narratives tend to represent the post-World War II international criminal proceedings as a men’s project, thus obscuring the many women who participated, as lawyers, journalists, analysts, interpreters, witnesses, and defendants. Indeed, two women stood trial before Nuremberg Military Tribunals. This article examines the case of the only woman found not-guilty: Inge Viermetz, who had been an administrator at Lebensborn, the Nazi SS adoption and placement agency. The article outlines the prosecution’s child-taking case against Viermetz, as well as her successful gendered self-portrayal as a conventionally feminine caregiver. With references to Professor Megan A. Fairlie, at whose memorial symposium it …

The Ai Act Manipulation Gap, Claire Boine

Emory International Law Review

The European Union’s Artificial Intelligence Act (AI Act) represents a significant step in regulating AI technologies, but this paper argues that its provisions on manipulation are critically under-inclusive. Through a comprehensive analysis of AI-enabled manipulation and the current EU legal framework, this paper offers an account of how the AI Act’s narrow focus on subliminal techniques and purposeful manipulation fails to address the full spectrum of AI-driven manipulative practices.

The paper develops its argument in four parts. First, it provides an overview of AI-enabled manipulation, highlighting its unique characteristics and the structural changes it introduces to democratic processes. Second, it …

Common Article 2 And Non-State Reciprocity In The Law Of Armed Conflict, Eric Talbot Jensen, J. Stone Wilson

Emory International Law Review

The majority of today’s armed conflicts are waged between States and non-State actors. Because these conflicts are not between States, they do not fall under the coverage of Common Article 2 (CA2) of the 1949 Geneva Conventions which invokes the full corpus of international humanitarian law. However, the third paragraph of CA2, the “Reciprocity Clause”, was written to provide a mechanism for non-Parties to the Geneva Conventions to invoke the provisions of the Conventions in a conflict with a Party. State Parties agreed to be bound by the Conventions, even in conflicts with non-Parties, as long as those non-Parties agreed …

Islamic Finance, Commercial Law, And Economic Justice: Apocalyptic Challenges To The Global Order, Ali Rod Khadem

Emory International Law Review

This Article engages with the heated debates about the Islamic finance industry, which range from praise as an ethical model of ESG principles to sharp criticism as a vehicle for financing terrorism. Offering a novel lens, this Article examines several case studies of Islamic thinkers and movements that have disrupted global politics, exploring how they deploy apocalyptic ideology to promote vastly different visions of future economic orders. Some of these case studies reinterpret key concepts from Islamic commercial law—like unjust enrichment, limited liability partnerships, insurance, almsgiving, and inheritance—while others call for a return to abandoned practices, such as slavery, discriminatory …

Accommodating Disabilities During Arrests: Toward A Model Law To Improve Police Response To Mental Health Crisis, Michael Harel

Emory International Law Review

Policing people with mental illness (PWMI) presents a persistent global challenge. Although PWMI do not have a greater propensity for violence, they are disproportionately killed during police encounters. Using Australia as a case study, this Comment argues that use-of-force laws are inadequate in these situations because they defer excessively to officer discretion—failing to account for how officers often escalate encounters with PWMI by neglecting appropriate crisis-response tactics or by misperceiving PWMI behavior as violent, even when that behavior reflects mental health symptoms rather than actual threats. Current legal standards often excuse such perceptions, but properly trained officers should be expected …

Dedication And Acknowledgements, Staff And Editors Of Volume 39

Emory International Law Review

No abstract provided.

Determining The Content And Meaning Of Foreign Law: The Approach Of The New Third Restatement Of Conflict Of Laws, Christopher A. Whytock

Emory International Law Review

No abstract provided.

The Public Policy Exception In Choice Of Law, Symeon C. Symeonides

Emory International Law Review

No abstract provided.

Agency And Private International Law – An Exercise In Comparative Law, Dennis Solomon

Emory International Law Review

No abstract provided.

Dedication: Josephine Hardin Memorial, Volume 40 Staff & Previous Editors-In-Chief

Emory International Law Review

No abstract provided.

Crimes Of The Past, Present, And Future: Considering The Global Problem Of Microplastic Pollution And The Potential For Success Within The Public Trust Doctrine, Rose Heppner

Emory International Law Review

Microplastic pollution is a global and transboundary issue—one that international states have failed to properly address through regulatory bodies, multilateral treaties, and nonbinding conventions. Despite efforts by the international community to reduce plastic pollution, the problem has been exacerbated exponentially year over year by an ever-expanding plastic industry. The U.N. Intergovernmental Negotiating Committee on Plastic Pollution is currently leading discussions for the most promising solution: a binding treaty targeting the full lifecycle of plastic. Unfortunately, pro-plastic industry groups and lobbyists have been granted a seat at the table, and negotiations have yet to produce a final treaty draft.

Although legislation …

Understanding Disputes Over Digitalization: A Perspective Of Cross-Border Central Bank Digital Currencies, Heng Wang

Emory International Law Review

In a rapidly digitalizing world, complex disputes arise due to technological, regulatory, and other complexities. Public and private actors—including central banks, financial institutions, tech firms, and law firms—need to understand the complexity of these disputes before determining whether and how to engage with ongoing digitalization.

Given the fundamental role of currency in the world economy, this article examines central bank digital currency (CBDC) as a pivotal case study. CBDCs, representing the digitalization of central bank money, are a novel digital form of national currency issued by central banks. Various central banks, including those of the Eurozone, Switzerland, the United …

Sacrifice Zone: Conciliating Racial Discrimination In Louisiana's "Cancer Alley" Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Ellen Buerk

Case Western Reserve Journal of International Law

In June 2023, the Environmental Protection Agency (EPA) abandoned its civil rights investigation into racially discriminatory practices by Louisiana state agencies in Cancer Alley. It did so after issuing initial findings which indicated those agencies had operated in a racially discriminatory manner, subjecting predominately Black communities to adverse health outcomes resulting from air pollution. This action is one in a long line of violations by the United States of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) in Cancer Alley. In light of U.S. inaction in Cancer Alley, other parties to ICERD …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Beyond A Boundary Of Systemic Anti-Black Racism In The Workplace In Canada, Adelle Blackett

Dalhousie Law Journal

In this lecture, I will, however, focus on one of the legacies of slavery, that is, the largely untold story of racial segregation in the world of work in Canada. We have come so effectively, and rightly, to focus on the effects of discrimination, that we may have inadvertently walked past the history. Reclaiming this history will comprise the first part of my talk.

The second part of my talk will reference the emergence of the duty of fair representation. I will seek to illustrate the weight of the erasure of anti-Black racism through this duty. In other words, far …

Under New Management?: Sovereign Wealth Funds And Their Ownership Of U.S. Sports Teams, Benjamin K. Moyer

Dickinson Law Review (2017-Present)

In October 2021, Saudi Arabia’s sovereign wealth fund (“SWF”) successfully purchased the English Premier League soccer team Newcastle United F.C. for $400 million. With this transaction, Saudi Arabia joined fellow Gulf countries, Qatar and the United Arab Emirates, in owning a major European soccer team through one of its state’s SWF. States have long used their SWFs to invest in foreign markets, but recent trends have transformed these originally strictly financial vehicles into political tools. Since the 2007–2008 financial crisis, many states have used their SWFs not only to produce financial gains but also to generate soft power through political …

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

A Faster Way To Yes: Re-Balancing American Asylum Procedures, Michael Kagan

Scholarly Works

The United States asylum system, like many other asylum systems, is under immense pressure to process asylum applications faster. The primary response to this pressure is negative, namely to deny asylum claims quickly by categorizing them as manifestly unfounded. In the United States, this is done through the “credible fear” process. This negative orientation leads to a structural imbalance in which denials can be fast and easy for the system, but approvals take time and extensive effort. Using domestic and international comparative examples, this Article proposes re-balancing the asylum system by establishing a process for expedited approvals of clearly eligible …

A Human Right To A Sustainable Climate?, Ottavio Quirico

William & Mary Environmental Law and Policy Review

Is a fundamental right to a sustainable climate progressively being recognized globally? Climate change is triggering parallel progressive developments in the human rights arena at both the domestic and international levels. Firstly, it is fostering an extensive interpretation of first- and second-generation human rights, protecting collective environmental interests rather than individual entitlements. Secondly, climate change has decisively accelerated the evolution of first and second generation human rights into a third generation right to a sustainable environment. Thirdly, emerging evidence discloses the possibility of conceiving a specific human right to a sustainable climate. This Article explores the trajectory of climate rights …

‘Preventing Births’ As A Gender-Neutral Harm: Making Sense Of Reproductive Violence In South Africa’S Genocide Case Against Israel, Heidi Matthews

Articles & Book Chapters

Abstract In its genocide case against Israel at the International Court of Justice, South Africa alleges that, in the period since October 7, 2023, Israel has imposed measures intended to prevent births within the Palestinian group in Gaza. To the extent that South Africa’s case for ‘preventing births’ relies on the traditional framing of reproductive justice, wherein violations are conceptualized in terms of restrictions on reproductive (read: women’s) health and capacity, it risks advancing the human rights of ‘women and children’ at the expense of a more progressive development of the law of genocide. This article uses the ongoing genocidal …

Reparations For Civilian Victims In Ukraine And Gaza: Legal Frameworks, Normative Debates, And Implementation, Chiara Giorgetti

Law Faculty Publications

Reparations for the victims of armed conflict and mass human rights violations are a cornerstone of international law. Yet, as recent conflicts in Ukraine and Gaza illustrate well, reparations remain a difficult subject and raise important questions regarding the scope of State responsibility, the rights of individual victims, and the availability of appropriate mechanisms for adjudicating claims. [...]

International Claims Commissions As Reparations, Chiara Giorgetti

Law Faculty Publications

Breaches of international law have consequences. Under the Articles on the Responsibility of States for Internationally Wrongful Acts, the international responsibility of a state triggered by its internationally wrongful acts entails specific legal consequences, including the obligation to provide“full reparation” for the injury caused. However, obtaining reparations in the current international legal system often proves difficult. Existing international courts and tribunals often lack the jurisdiction to provide full reparations, especially when there are multiple and complex violations that caused injuries to numerous and diverse parties. International claims commissions can be effective instruments to provide reparations in such circumstances, including in …

Core Skills & "Cool Tools" From The Third Generation Of Fcil Librarians, Meredith Capps, Clement Lin, Devan Orr, Alison A. Shea, Loren Turner, Latia Ward

Library Staff Publications

There have been three generations of foreign, comparative, and international law (FCIL) librarians in the United States (US) in the postwar era. FCIL librarians of the first generation were foreign lawyers who emigrated to the US after World War II. Those of the second generation were American lawyer-librarians who built the infrastructure of FCIL librarianship into what it is today. The third generation of FCIL librarians includes the authors of this article. We perform many of the same research tasks as our predecessors, but we do so primarily online through an ever-evolving array of new and emerging technologies. This article …

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 9, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

Book Review, Rumyana Van Ark Et Al., Children’S Rights, ‘Foreign Fighters’, Counter-Terrorism: Children Of Nowhere (2024), Mark A. Drumbl

Scholarly Articles

The focus of Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism: Children of Nowhere is on foreign fighters who join terrorist groups, ISIS, and other entities engaged in armed conflict in Syria and Iraq. Counterterrorism measures, and the threats of terrorist attacks, have triggered a degradation and distortion of law. I have noted this following the 9/11 attacks and the concomitant refusal to treat children associated with terrorist groups as protected child soldiers. Whereas child soldiers in distant African conflicts are largely seen in the centers of global power as ‘faultless, passive victims’ of a pathological society, child terrorists taken as disruptive of …