International Law Commons^™

Dismantling The Dogma Of Dot: A Human Rights-Based Review Of Directly Observed Therapy For Tuberculosis, Brian Citro, Dr. Jennifer Furin, Rhea Lobo, Ingrid Schoeman, Timur Abdullaev, James Malar

Northwestern Journal of Human Rights

The global tuberculosis (TB) response is at a crossroads. In recent years, new ideas, technologies, and political commitments have reinvigorated the fight against this age-old disease that kills more people each year than HIV and malaria combined. But with key indicators just beginning to recover after moving in the wrong direction during the COVID-19 pandemic, hard-earned gains are at stake. In this rejuvenated yet challenging context, we critically review an idea and practice at the heart of the TB response—directly observed therapy or DOT. First, we explore DOT’s controversial method and history as a component of the World Health Organization’s …

The Off-Grid Revolution And The "Promise" Of Energy Equality Under The Paris Climate Change Agreement, Ilias Bantekas

Northwestern Journal of Human Rights

A key thesis of this article is that since renewable energy is quintessentially a public good both in constitutional and macroeconomic terms, its availability without restrictions to all people is a true manifestation of economic self-determination, ultimately entailing what this author calls “energy equality.” Although this equality is dictated by the nature of renewable energy as a public good, it risks being eroded by the rush to implement the Paris Agreement. This is certainly one of the shortcomings of the Paris Agreement. With nation states eager to meet their targets and energy concessionaires given unprecedented financial and other incentives, we …

A Delicate Balance: Adopting The French Court Of Cassation's Dual Criminality Interpretation, Matthew Hosler

Et Cetera

This Note recommends potential language to be added to various States’ criminal codes to incorporate the French Court of Cassation’s interpretation of the Dual Criminality requirement for prosecutions under universal jurisdiction. This recommendation stems from research into the concept of universal jurisdiction, leading to the discovery of the May 2023 Court of Cassation’s decision that created a pathway for countries to have jurisdiction over specific international crimes despite the crime being committed in another country. Specifically, this Note details the history of universal jurisdiction and its dual criminality requirement from the 17th century to modern times. Next, the Note details …

The Arrest Of Telegram Ceo Pavel Durov & What It Says About Europe’S Approach To Privacy, Soraya Mazarei

Cardozo International & Comparative Law Review (CICLR) Blog

On August 24, 2024, Pavel Durov, the CEO of the messaging app Telegram, was arrested in Paris. French authorities have charged him with various crimes, including complicity in the distribution of child pornography, the sale of illegal drugs, and the distribution of hacking software. Durov is banned from leaving France and must check in at a police station twice a week. If convicted, Durov faces a ten-year prison sentence. French prosecutors are holding Durov criminally liable for permitting criminal activity to go unchallenged on Telegram. This indictment is possible under France’s LOPMI law, which was passed in January 2023. Under …

Arrest The President, Hypothetically, Leo Lombardi

Cardozo International & Comparative Law Review (CICLR) Blog

By what authority does one dare direct that famous phrase, “j’accuse!” at the state’s supreme executor of law? Is there a mechanism, through which a citizen can hold a national government to account? Can the citizen's arrest serve as a symbolic insistence that international humanitarian law be enforced? International humanitarian law is coming to be defined by the dereliction of duty. Where a rules-based international order once stood as a lofty ideal, the reality of a nuclear-armed world now looms over the field’s failures.

This post was originally published on the Cardozo International & Comparative Law Review on November 14, …

Shadows Of The Crown: The Virtue Of Equilibrium In American Sovereign Immunity, William T. Olmstead

Cleveland State Law Review

Under the doctrine of sovereign immunity, the federal and state governments of the United States cannot be sued or prosecuted unless they voluntarily waive their own impunity. In recent decades, the Supreme Court has expanded the scope of the sovereign immunity of the state governments. This Note argues that such an expansion is a profound and shortsighted mistake. It proposes that the most effective way to balance governmental functionality with civic accountability is to pass and ratify a constitutional amendment that solidifies national sovereign immunity and abolishes state sovereign immunity. It argues that such action is necessary to ensure the …

Violations Of Human Rights And Available Remedies Under International Law: The Case Of The United Arab Emirates (Uae), Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Cardozo International Law Society (Cils)

2024–2025 Flyers

No abstract provided.

Environmental Law And Economic Law Review: Is Green Economy And Environmental, Social, And Governance (Esg) Green Economy Or Greenwashing?, Birkah Latif, Mohammad Qadam Shah, Aidir Amin Daud, Marthen Napang, Padma D. Liman, Indah Camelia, La Ode M. Syarif, Andi Tenri Famauri Rifai, Aldi Yusa Ali, Adelin Yohana Gloria

Indonesian Journal of International Law

In implementing the SDGs according to the principle of green economy, countries are competing to apply the ESG concept which aims to identify all non-financial risks and opportunities related to the company's routine, especially those related to Environment (E), Social (S), and Governance (G), to achieve sustainability development in business through corporate actions. Such well-founded implementation within a company will generate a positive impact and increase the appeal for investors amid today's fierce business competition. The ESG is expected to be the key in promoting economic improvement without sacrificing environmental aspects.

Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck

Articles

At the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to …

Financial Footprint Of Human Trafficking, Cardozo International Law Society (Cils), Business Law Society, Barry Koch

2024–2025 Flyers

No abstract provided.

Ukraine/Russia And Israel/Palestine: What's Law Got To Do With It?, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2024–2025 Flyers

No abstract provided.

Taxation's Limits, Luís C. Calderón Gómez

Northwestern University Law Review

Countless pages have been devoted to the question of why everyone should pay tax, yet its opposite has gone largely unnoticed: why should some people and organizations not pay tax? Our tax system exempts from ordinary income taxation a wide and diverse array of people and organizations engaged in significant economic activity—from parents providing childcare services for their family to consular activities and charities operating animal shelters—seemingly without a convincing explanation. Perhaps because of the dizzying diversity of tax-exempt activities, scholars and policymakers have avoided comprehensively or coherently justifying our exemption regimes.

This Article develops a novel normative theory that …

Covid-19 And The Populist Governments Approach To Pandemic Management: A Nuanced Analysis, Fozia Nazir Lone, Anthony Carty

Buffalo Human Rights Law Review

This article addresses international law discourse in the post- COVID-19 era. The first part engages with questions about China, its liability, and the complex legal discourse on causation. The present position of the WHO is that COVID-19 is a zoonotic virus like SARS. The nature of the spillover event remains unclear, but the first human case was identified at some point in Wuhan, China, in December 2019. For the reasons outlined in Part I, the scholarly consensus has been that claims against China appear unjustifiable. The two case studies in Part II demonstrate the factors involved in local pandemic management …

A Critical Examination Of "Decoupling": An Introduction, Dongsheng Zang, Miles Lee

Washington International Law Journal

No abstract provided.

Japan's Response To The Trade Conflict Between The United States And China, Rikako Watai

Washington International Law Journal

Abstract: Decoupling refers to the strategy of separating and disconnecting economies and markets between different nations. However, in the contest of the ongoing trade conflict between the United States and China, decoupling primarily refers to determining economic dependence on a specific nation as a national security risk, thereby reinforcing vulnerabilities in one’s supply chain. Japan views the United States as its primary partner in national security policy and China as a significant market because of its geographic proximity. As a result, ensuring economic security became a pressing concern for Japan.

Japan refers to the United States’ idea of economic …

Is India The "New China" In U.S. Foreign Policy?, Sital Kalantry

Washington International Law Journal

Abstract: The University of Washington International Law Journal’s timely symposium explores the strains in the U.S.-China political and economic relationship. As China and the United States become estranged, or “decoupled,” this essay explores the United States’ relationship with India in light of this trend. The U.S.-India foreign relations are stronger today than they have been in India’s 75-year history as an independent nation.[1] To understand why this is the case, we have to examine both the U.S. and Indian foreign policy perspectives. The United States’ interest in India has grown in part due to the United States’ own …

Bidenomics Versus Maganomics: Pick Your Poison, Thomas Schoenbaum

Washington International Law Journal

Abstract: This essay compares the international trade policies of the two candidates for U.S. President in 2024, Joseph Biden[1] and Donald Trump, and argues in favor of a “third way” alternative to promote free trade in 2025 and onward. I first analyze the trade law revolution effected by the Trump presidency from 2017-2021. During these years the Trump administration adopted a protectionist policy rooted in nationalism and populism. As a direct result of Trump administration trade policy there occurred: (1) a significant retreat from globalization; (2) paralysis of the World Trade Organization; (3) a revival of U.S. unilateralism …

Decoupling Defined: Four Theories And Four Illustrations From The Sino-American Trade War, Raj Bhala

Washington International Law Journal

Abstract: This article seeks to bring clarity to a much used, yet ill-defined, term “decoupling.” The article explores the theory and practice of “decoupling” in the context of the Sino-American Trade War, which, launched in March 2018, shows no sign of a ceasefire. As to theory, this article argues that conceptually, “decoupling” takes (at least) four forms. There is efficiency, jurisprudential, security, and values decoupling. As to practice, this article shows these four theoretical typologies of decoupling are obvious today. This theory and practice are illustrated (respectively) with respect to labor-intensive industries, commercial transactions in rule-of-man jurisdictions or …

Imperial Collision: Future Of China's Relations With Russia, Dongsheng Zang

Washington International Law Journal

Abstract: In April 2024, Biden Administration officials revealed that in the year 2023, about 90% of Russia’s microelectronics came from China, which Russia has used to make missiles, tanks, and aircraft. Nearly 70% of Russia’s approximately $900 million in machine tool imports in the last quarter of 2023 also came from China.[1] U.S. Secretary of State Antony Blinken recently stated at the G7 meeting that “[w]e see China sharing machine tools, semiconductors, [and] other dual-use items that have helped Russia rebuild the defense industrial base.”[2] This demonstrates how far China is willing to go in defiance of the …

China's Response To The U.S. Call For Decoupling: The Foreign Investment Law Of 2020, Daniel C. Chow

Washington International Law Journal

Abstract: In response to the U.S.’s calls for U.S.-China decoupling by repatriating U.S. business operations and eschewing new investments in China, China introduced the Foreign Investment Law (“FIL”) in 2020. The FIL marks a new era of foreign investment in China. It eliminates the requirement of prior government approval for all foreign-funded enterprises, including joint ventures consisting of U.S. companies and domestic Chinese state-owned enterprises. Many U.S. companies found the approval process under the previous legal regime to be time consuming, arduous, and oppressive. This process has now been replaced by a simple registration process under the FIL and the …

Confronting The War On International Law In The United States, Rebecca Ingber

Online Publications

Harold Hongju Koh’s The National Security Constitution in the 21st Century is a code red threat assessment of the state of public law in America today. True to Koh’s nature, he does not leave us without hope; rather he devotes a sizeable portion of the book to calls for reform, from the legal frameworks governing war powers and intelligence to the division of labor in the national security legal bureaucracy plodding away within the deepest (secure) chambers of the executive branch itself.

West V. Multibanco Comermex, S.A.: Application Of The Securities Laws To Foreign Certificates Of Deposit, Peter J. Stocks

Maine Law Review

The persistent debate concerning which investment instruments constitute "securities" for purposes of the Securities Act of 1933 and the Securities Exchange Act of 1934 is as old as the Securities Acts themselves. The Supreme Court has addressed the issue eight times without putting the debate to rest. In Marine Bank v.Weaver, the Court held that a certificate of deposit (CD) issued by a bank regulated under "the federal banking laws" is not a "security" within the meaning of the Securities Exchange Act of 1934. The Court of Appeals for the Ninth Circuit has twice, since Weaver, addressed the issue of …

The Adr Movement: Theoretical Aspects And Practical Potential, Craig A. Mcewen

Maine Law Review

My mission in this paper is to draw upon what we know from the active and lively domestic dispute resolution movements in the United States, Canada, and beyond to identify some of the prospects for and potential problems in developing a dispute resolution system for Canadian-United States trade disputes. Alternative dispute resolution (ADR) is flourishing in the 1980's. Increasing numbers of individuals as well as public and private programs identify their work as alternative dispute resolution. These include private mediation practitioners, ADR partners in major law firms, private organizations such as EnDispute, which will arrange mini-trials and other dispute resolution …

Privatizing Dispute Resolution Under The Free Trade Agreement: Truth Or Fancy?, Leon E. Trakman

Maine Law Review

Replete with evidence of extensive forum shopping, unending discovery procedures, and countless delays in the formal adjudicatory process, the case for an alternative, more specialized medium for the resolution of trade disputes between the United States and Canada has grown more pressing. The problem, however, is in being convinced that the alternative, embodied in the proposed Canada-United States Free Trade Agreement, addresses the deficiencies in the existing medium for dispute resolution without introducing greater social and personal costs of its own. A government, in distancing itself from dispute resolution, also separates itself from the process through which social problems are …

Dispute Resolution Provisions Of The Canada-United States Free Trade Agreement, David P. Cluchey

Maine Law Review

Dispute resolution is a major focus of the recently signed Canada-United States Free Trade Agreement. This focus was heavily influenced by two factors. The first is a significant continuing concern about the dispute resolution procedures and mechanisms under the General Agreement on Tariffs and Trade (GATT). The second factor is the general Canadian perception that trade proceedings under United States law are substantially influenced by political concerns and that under a trade agreement, Canadian businesses would need some protection from United States trade regulation. The general dispute resolution provisions of the Free Trade Agreement, which are found primarily in Chapter …

Dispute Settlement Mechanisms Under The Free Trade Agreement, Ton J.M. Zuijdwijk

Maine Law Review

The purpose of this paper is to review the dispute settlement mechanisms that are contained in the Canada-United States Free Trade Agreement. The two countries reached agreement on the main features of the Free Trade Agreement on October 3, 1987. Thereafter, the elements of the Agreement were converted into the legal text of the Free Trade Agreement and signed by Prime Minister Mulroney and President Reagan on January 2, 1988. Legislation implementing the Free Trade Agreement has been introduced in the Parliament of Canada and in the United States Congress. In Canada the ordinary rules for legislative enactments will apply. …

Canadian Acceptance Of International Commercial Arbitration, John E.C. Brierly

Maine Law Review

A few years ago it would have been impossible to speak of Canadian "acceptance" of international commercial arbitration. Canada had not adhered to any international convention on arbitration, and Canadian legislation did not specifically regulate arbitration in commercial dealings or when it involved some non-national element. There was no federal enactment on the subject. Canadian provincial legislation, whether the civil law of Quebec or the common law of the rest of Canada, had not greatly evolved from the 19th century position expressed in legislation based upon the legal traditions of France and the United Kingdom of the same period. No …

A Canadian Perspective On U.S. Administered Protection And The Free Trade Agreement, Alan M. Rugman

Maine Law Review

The negotiation of the Canada-United States Free Trade Agreement over the 1986-1988 period builds upon over 130 years of bilateral trade and investment policy. With Canada's economy being roughly one-tenth the size of that of the United States, the negotiation of commercial arrangements to govern the bilateral trade and investment relationship assumes great importance in the smaller partner. The size asymmetry means that Canada, as the smaller nation, needs to secure a rules-based system rather than a power-based system in its trading relationship with the United States, which accounts for nearly 80% of its exports. Canada is also the largest …

The Reception Of Arbitration In United States Law, Thomas E. Carbonneau

Maine Law Review

The willingness of any national legal system to endorse the process of arbitral adjudication can be measured by whether its governing statutory law and accompanying case law sustain the validity of arbitration agreements and limit judicial supervision of arbitral proceedings and awards—in effect, whether the laws of a nation establish a cooperative relationship between the courts and the arbitral process. On both scores, United States law on arbitration evinces a clear determination to support the process. The development of the law has given the framework of arbitral adjudication its necessary systemic autonomy. Since 1970, when the United States ratified the …

Alternative Dispute Resolution In International Trade And Business, Thomas E. Carbonneau

Maine Law Review

This workshop, which was held at the University of Maine School of Law on May 27, 1987, consisted of an informal discussion among an interdisciplinary group of experts. The purpose of the workshop was to generate ideas and recommendations regarding the utility of alternative dispute resolution (ADR) in international trade and business, with special reference to Canadian-United States trade relations. The discussion also explored the possible commonalties of domestic and international dispute resolution in the hope of developing a basis for a generic alternative dispute resolution methodology.