International Law Commons^™

Genocide Memorialization Through Law In Bosnia And Herzegovina: Reconciling The Irreconcilable?, Carna Pistan

Genocide Studies and Prevention: An International Journal

This article focuses on the law banning genocide denial and other war crimes and the glorification of convicted war criminals imposed in Bosnia and Herzegovina by the former High Representative Valentin Inzko in mid-2021 to facilitate the country’s reconciliation process. It first positions the genocide denial ban into the vast category of memory laws by examining its content and scope, as well as the reactions and consequences it has provoked up to now. The article maintains that an internationally imposed memory law cannot create reconciliation in a deeply divided society. It shows, on the contrary, that the imposed legislation has …

Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase

Fordham Environmental Law Review

Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …

Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich

Fordham Environmental Law Review

When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …

Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao

Fordham Environmental Law Review

With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …

Windfall Taxes: The New Trend The United States Refuses To Take Part In, Maxwell Sears

Cardozo International & Comparative Law Review (CICLR) Blog

Russia’s invasion of Ukraine in 2022 resulted in a significant burden on Europe in regard to their energy sector. As a result of this conflict and the European Union’s (“EU”) subsequent restriction of oil and coal from Russia to the EU, the prices of the energy supply as a whole increased. However, companies in the EU were responsible for replacing much of the materials and energy that were once imported from Russia.

This post was originally published on the Cardozo International & Comparative Law Review on June 20, 2024. The original post can be accessed via the Archived Link button …

The Need For An International Ai Research Initiative: How To Create And Sustain A Virtuous Research-Regulation Cycle To Govern Ai, Kevin Frazier

Washington Journal of Law, Technology & Arts

This paper explains the need for an international AI research initiative. The current focus of lawmakers at the subnational, national, and international level on regulation over research has created an imbalance, neglecting the critical role of continuous, informed research in developing laws that keep pace with rapid technological advancements in AI.

The proposed international AI research initiative would serve as a central hub for comprehensive AI risk analysis, modeled on successful precedents like CERN and the IPCC. CERN exemplifies a collaborative research environment with pooled resources from member states, leading to significant advancements in particle physics. Similarly, the IPCC has …

“Humanizing” Economic Sanctions? Lessons From International Humanitarian Law, Nathanael Tilahun, Obiora C. Okafor

Articles & Book Chapters

No abstract provided.

That’S No Moon, It’S A Space Station: Determining Ownership Rights On The Moon At The Intersection Of International Treaty And Property Law, Abby Jones

Cleveland State Law Review

The Outer Space Treaty of 1967 asserts in no uncertain terms that no State Party to the Treaty shall claim any part of space, including any part of a celestial body like the moon. Outer space and all its components are the providence of humankind. But how can this be? As states and their private entities continue to expand the outer space market, there are plans for footholds like facilities and stations on the moon that will establish a permanent lunar presence. According to most interpretations of property law, this would establish at least some form of property right at …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

The Importance Of Administrative Appeals As Second Instance Bodies To Strengthen Migration And Asylum Systems, Gabriela Richard Rodriguez

Refugee Law & Migration Studies Brief

According to data from UNHCR's Report, "Global Trends - Forced Displacement in 2022," there were 108.4 million forcibly displaced people worldwide in 2022; in the first half of 2023 alone, there were 110 million displaced people, indicating that 2023 could double the figures of 2022. Based on my experience as an administrative judge in the Administrative Migration Tribunal in Costa Rica— a body of second instance in the migration system— I consider that, in view of the impact that the migration and asylum systems had had in countries of transit and destination, it is essential that there be second instances …

Advancing The Due Process Right To Appointed Counsel In Immigration Removal Proceedings, Chloe Schalit

Refugee Law & Migration Studies Brief

Right now, noncitizens only have the right to an attorney if they can afford one. While courts have grappled with the inherent due process issue accompanying this standard, no court has held that noncitizens have the right to a government- appointed attorney. This paper promotes the provision of government-appointed attorneys to noncitizens in removal proceedings in immigration court under a due process lens. This paper will first briefly examine the difference between criminal and civil matters related to the Sixth Amendment right to an appointed attorney. Next, the paper will engage in a Fifth Amendment due process analysis, ultimately concluding …

Hurricane Katrina: When A Crisis Is An Opportunity In Government Innovation For Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

Barriers Beyond The Border: Addressing The Economic And Racial Disparities Created By Cbp One, Ann-Renee Rubia

Refugee Law & Migration Studies Brief

CBP One is a mobile app that allows asylum seekers to schedule appointments for inspection before entering the United States ("U.S."). First, this paper will discuss the ethical issues posed by CBP One—specifically asylum seekers' unequal access to the app. Second, this paper will examine the equal protection implications posed by CBP One and the application of constitutional rights to noncitizens inside and outside the U.S. Next, it will address the ongoing litigation concerning the extension of constitutional rights to noncitizens arriving at the southern border. Lastly, it will discuss the incompatibility of CBP One with the Immigration and Nationality …

They “Eyeballed” The River And Built The Dam: Lessons From The Hidrotambo Dam Flood Disaster To Guide Improvements In Environmental Impact Assessment Law In Ecuador, Rachel E. Conrad

Pace International Law Review

Ecuador is a trailblazer in human and environmental rights. The country enshrined in its 2008 Constitution the human right to water and the right to live in a healthy and ecologically balanced environment. It was also the first country in the world to recognize nature as a subject of rights in and of itself. However, the Ecuadorian legislature has failed to fully recognize these rights in the country’s civil law codes. This article explores the shortcomings of Ecuadorian law on Environmental Impact Assessments (EIAs) and proposes modifications to better ensure the protection of international and constitutional human and nature’s rights …

The Right To Have Rights Or The Right To Have Life? An Assessment Of Proactive Citizenship-Stripping To Fulfill The State Duty Of Non-Refoulment, Omar Khoury

Pace International Law Review

Especially since the collapse of the Islamic State Caliphate in 2019, a fierce debate has arisen in international legal policy and within domestic governments about what to do with citizens who have committed acts of terror abroad. While repatriation and extradition are possible solutions, many States have refused to repatriate some citizens back and have revoked their nationalities such that those individuals are unable to return to their citizenship-country to face prosecution and/or punishment. Citizenship-stripping, however, may not always be legal. But if a State contends instead that it must deprive the citizen of nationality because, in being repatriated back …

International Criminal Law And The Role Of Narrative In The War In Ukraine, Jonathan Hafetz

Pace International Law Review

This article examines the multiple ways that international criminal law (ICL)—the body of international law that seeks to impose criminal responsibility on individuals for international crimes—has impacted the conflict in Ukraine. Most violations remain unpunished, and ICL’s legal accountability mechanisms continue to face significant obstacles. But even absent prosecutions and trials, which remain contingent on an array of shifting factors, ICL has affected the Ukraine conflict in multiple ways.

The article focuses on how ICL has helped shape narratives about the war in Ukraine. In doing so, the article cautions against a strict law/politics dichotomy and instead focuses on the …

A Global Puzzle: Integrating Iot Jurisprudential Approaches, Colin Savino

Pace International Law Review

While devices in the Internet of Things (hereinafter “IoT”) such as smart appliances, smart watches, and pacemakers are intended to make life easier and safer, they sometimes complicate users’ lives with system failures and expose them to new risks instead. Users suffer the risks stemming from hastily developed cybersecurity in IoT devices, sometimes with serious consequences and without recourse against manufacturers or cybercriminals. Cybercriminals’ ability to exploit gaps in cybersecurity from anywhere makes the IoT especially risk-prone to transnational crime and may make tort claims against multinational manufacturers tenuous on issues of causation and actual harm suffered. Most problematically, the …

40 Years After The Moratorium On Commercial Whaling: Assessing The Competence Of The International Whaling Commission To Confront Critical Threats To Cetaceans, Chris Wold

Pace International Law Review

With Japan’s withdrawal from the International Convention for the Regulation of Whaling (ICRW), no member of the International Whaling Commission (IWC) hunts whales commercially except by objection or reservation, thus intensifying the debate over what the IWC should do and what it may do. For decades, some IWC members have questioned the mandate of the IWC to manage small cetaceans, regulate whaling in coastal State exclusive economic zones, and make recommendations concerning entanglement, bycatch, and other threats to whale conservation. An analysis of the ordinary meaning of the ICRW and the practice of the IWC shows that the IWC has …

Narrating The Effective Law For Foreign Direct Investment, Aurora Jillena Meliala, Adinda Putri Prakasa, Jonathan Andre Woods

Indonesian Journal of International Law

Amidst the inflation phenomenon, the government approach to raising interest rates, and the threat of global recession, Foreign Direct Investment plays a pivotal role in boosting targeted economies. However, investors impugn the investment regulations’ efficacy and alternative dispute resolutions. Specifically, in the case of International State Dispute Settlement, to be claimed as an essential process in the investment regime, it has to guarantee the rights of private parties to sue a sovereign nation under the protection of public international law – usually manifested on BIT clauses. However, this study showed. BITs do not serve to attract additional FDI. While BITs …

Review On Illegal Wildlife Trade Provisions In Indonesia: Cost-Benefit Analysis And Law Enforcement, Adrianus Eryan

Indonesian Journal of International Law

Illegal wildlife trade is a crime that is rarely systematically exposed and difficult to investigate but generates extraordinary profits. As a one of mega biodiversity country in the world, Indonesia is an easy target for illegal wildlife trade. Unfortunately, existing law enforcement practices still need to be improved. There are at least two supporting factors enabling the wildlife crime: inadequate normative legal basis and weak law enforcement resulting from the high cost of crimes. The research is carried out through a series of theoretical frameworks of cost-benefit analysis and criticisms regarding ideal law enforcement practices through various court decisions. At …

European Union’S Approach To Reforming International Investment Law, Iveta Alexovičová

Indonesian Journal of International Law

The European Union (EU) continues to be a firm proponent of the international protection of foreign investments through a web of (mostly bilateral) investment agreements, initially developed and spread all over the world by its Member States. Nonetheless, shortly after acquiring its own competence in this area, the EU has joined efforts to reform the system in order to ensure greater balance between the investment protection and the states’ right to regulate in pursuance of other legitimate policy objectives. The EU has developed its own reform approach covering both substantive and procedural features of the system, and adopted an increasingly …

Legal Instruments On Marine Plastic Litter In The Eu And Asean, Muhammad Insan Tarigan

Indonesian Journal of International Law

Marine plastic litter represents a transboundary and oceanic health concern that has emerged as a collective responsibility of all countries. Consequently, all countries, including regional member states, must collaborate to assume an active role in developing solutions to this challenge. Regional agreements play a pivotal role in facilitating the implementation of policies and initiatives. However, there is currently no comprehensive global treaty in place to address the issue of marine litter and plastic pollution. With regard to the European Union, the European Commission has adopted a legislative framework with the objective of reducing the pollution of the marine environment caused …

Improving Indonesia’S Palm Oil Sustainability Through Financing: A Study On Disconnects And Potential Policy Solutions, Wewin Wira Cornelis Wahid, Kanaya Ratu Aprillia, Deasy Ramatia, Nadya Setiawati, Syukron Subkhi, Abdul Baits Dehana Padma Swastika, Elisabeth Rianawati

Indonesian Journal of International Law

The European Union’s Second Renewable Energy Directive (RED II) has brought significant discourse on Indonesia’s palm oil sector. Following growing global initiatives in sustainable palm oil, Indonesia should focus on improving palm oil sustainability rather than rely on markets that accept the country’s palm oil as is. However, there are still disconnects in  sustainable palm oil, especially in the financial aspects. Therefore, this research aims to identify significant disconnects and propose solutions within a financing context. The disconnects include the absence of mandatory policies for sustainable palm oil financing, limited adoption of sustainability policies by smaller financiers, concerns about ISPO …

Economic Sanctions And Article V(2)(B) Of The New York Convention: A Touchy Interaction Exacerbated By The Ukraine-Russia Conflict, Alberto Pomari

Pepperdine Dispute Resolution Law Journal

States have deployed an unprecedented wave of unilateral sanctions in response to the Russian invasion of Ukraine. They have also escalated the political connotation of economic sanctions by aggressively implementing them extraterritorially. This exercise of lawfare, substituting economic sanctions for armed conflict, raises the question of whether to consider unilateral sanctions elements of public policy within the meaning of Article V(2)(b) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This article seeks to clarify the interplay between Article V(2)(b) and economic sanctions. Explaining the two different approaches that domestic courts implement worldwide, recent court …

Beyond The Borders: The Rise Of Judicial Corruption And Universal Jurisdiction, Rose Mahdavieh

University of Miami Race & Social Justice Law Review

No abstract provided.