International Law Commons^™

The Last Colony Of The Mind: Narrative, Legal Advocacy, And The Decolonization Of Legal Knowledge, Ayodeji Kamau Perrin

Faculty Scholarship

Philippe Sands’ The Last Colony¹ tells the story of how Chagos Islanders won the right to return to the lands of their birth through a 2019 Advisory Opinion of the International Court of Justice (ICJ).² In 1965, while the United Kingdom stood in the midst of conceding to the independence claims of myriad anti-colonialists throughout its imperial holdings, it took the anachronistic step of creating a colony—the British Indian Ocean Territory (BIOT).³ In flagrant violation of UN Resolution 1514,⁴ the United Kingdom detached the Chagos Archipelago from the colony of Mauritius. And between 1967 and 1973, …

Ogoni Activism And Access To Remedy: Business And Human Rights From The Bottom Up, Ayodeji Kamau Perrin

Faculty Scholarship

Do court victories result in social change? Can victories in court result in losses outside of court? If victories in court are no guarantee of victory outside of court, how much worse are court defeats? This Article explores these questions in part through analyzing Ogoni litigation against Royal Dutch/Shell. In 2002, Esther Kiobel and several co-plaintiffs tried to hold Royal Dutch/Shell accountable for its role in the death of Kiobel’s husband and for wider corporate abuses and related state human rights violations in Ogoniland. But in 2013, a unanimous United States Supreme Court held that the Alien Tort Statute (ATS) …

Freedom Of Movement: How The Constitutional Right To Asylum Paired With The Right To Life & The Right To A Healthy Environment Opens The Door For Environmental Migrants, Avery E. Aulds

Connecticut Journal of International Law

Migration has occurred for as long as mankind has been on earth and has been triggered by environmental factors for just as long. However, as the threat of climate change increases, more and more people are migrating from their homes due to these environmental disasters. With this new influx of border-crossings, governments and policymakers must grapple with what to do. As it stands, the rights of asylum seekers expressed in international treaties focus on migrants fleeing conflict and violence. This has left a gaping hole for environmental migrants who are left without international protection. Despite the lack of protections under …

Bordering Secrecy: An Empirical Study On Cross-Border Trade Secret Misappropriation In The Semiconductor Sector, Tzu-I Lee

Connecticut Journal of International Law

Nation-states take steps to prevent the theft of domestic entities' trade secrets and other intellectual property ("IP"). The United States has issued complaints, passed laws, and implemented initiatives and sanctions targeting China's unfair and illegal economic practices, which include trade-secret theft. Although China has responded by amending its civil, criminal, and administrative trade-secret regime, foreign companies still routinely struggle with thefts connected to China. The semiconductor industry- essential to daily-life, commercial, and military needs-is one of the most brutal battlegrounds of today's IP and tech wars. A leader in the industry is the Taiwanese semiconductor sector, which, along with the …

Liability In Medical Travel For Organ Donation Euthanasia, Sukriti Thomas

Connecticut Journal of International Law

Data from the U.S. Census, Center for Disease Control, the federal court system, and the Commonwealth Fund, a private foundation that promotes access, quality and efficiency in the health-care system, estimated that the inability to pay medical bills will lead 1.7 million American households to declare bankruptcy by the end of 2013.1 With the rise in hospital costs and the significant impact of COVID-19, the number of Americans who have fallen into debt due to medical bills has since jumped to 137 million.2 Medical tourism has allowed patients to benefit from access to cheaper treatments abroad and those that may …

International Space Law In A New Space Age: What Laws Will Regulate Space Mining And Nasa’S Gateway Program?, Hannah Kirby

The International Law Review Association Student Forum

Since the late 1960s, international space law has promoted the peaceful use of outer space between countries. But international space law is insufficient to effectively govern novel outer space activities like space mining and NASA’s Gateway Program (a program between several countries to build an international space station that will orbit the moon and conduct missions to Mars). International space law is general, lacks enforceable repercussions, and leaves the door open for countries to create national laws which could result in the commercialization and destruction of celestial bodies like the Moon and Mars. This Comment explores the history of international …

Mitigating Ai’S Harmful Effects In Developing Economies Through Contracting, A.B. Steinberg

The International Law Review Association Student Forum

The global economic community must establish a new organization that helps to create contracting parameters to ensure that AI does not crash economies, namely those in the developing world that are most at risk.

Artificial Intelligence (AI) will revolutionize the global economy. While many debate the ramifications for developed economies, such as the United States, these effects will likely be increased productivity and the loss of jobs across the workforce. This comment argues that these effects will be even more profound in developing nations due to both AI in their direct economies and the downstream effects of automation. The possible …

Russia And China’S Complicity In North Korea’S Human Rights Violations: Measures The U.S. Should Take To Intervene And Mitigate The Abuse, Cameron Kenyon

The International Law Review Association Student Forum

The complicity of Russia and China in North Korea’s (DPRK) human rights issues is incredibly concerning not only for the safety and well-being of North Korean citizens, but for world-wide security. Both China and Russia facilitate the DPRK human rights abuses by trading with North Korea irrespective of international sanctions, enabling human trafficking of North Koreans who have fled to China, and involuntarily repatriating refugees from the DPRK. Awareness of the DPRK human rights issues and Russia and China’s complicity, as well as active intervention, should be at the forefront of the U.S. human rights policy in order for the …

Due Process In Anti-Doping Proceedings Within The International Olympic Committee And Professional Tennis Associations, Katherine Jakeway

The International Law Review Association Student Forum

Today, professional athletes across the globe are subjected to rigorous drug testing in an attempt to eradicate the use of performance enhancing substances in sports. Many professional sports tours, including tennis, work closely with the International Olympic Committee and World Anti-Doping Agency to monitor and address doping violations. Although anti-doping rules are important to the safety of professional athletes, the current enforcement of anti-doping rules creates due process concerns for athletes that test positive for banned substances. This article specifically argues that the strict scrutiny sanction which bans athletes from professional play for even an unknowing or accidental doping violation …

Raining Hellfire: An Analysis On The Use Of White Phosphorus And Its International Regulation, Shaun Quirk

The International Law Review Association Student Forum

Chemical weapons, biological weapons, nuclear weapons, and substance-infused munitions are not new in the art of war. In fact, accounts of toxins and venoms date back to ancient times when bows and arrows were cutting-edge technology. But the existing frameworks regulating these weapons require immediate and more exacting scrutiny. In late 2023, Hamas reignited a generations-old conflict with Israel through a surprise attack. Shortly thereafter, global headlines reported Israel was deploying white phosphorus—a highly volatile substance—into Gaza. The potential devastation of white phosphorus is shocking, yet the existing legal frameworks governing its use are both ambiguous and overly lenient. This …

Protection From Warlords & Celebrities: How Anti-Slapp Legislation Is Making International Headway To Protect Free Speech, Olivia Augustat

The International Law Review Association Student Forum

Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly being used by powerful individuals and entities to silence dissent and criticism, posing a significant threat to free speech globally. This misuse of legal systems undermines democratic principles by intimidating those who speak out on matters of public interest. My paper argues for the urgent need for effective Anti-SLAPP legislation, focusing on a comparative analysis of the U.S. and European Union (EU) approaches. While the U.S. has a fragmented but largely pro-defendant framework, the EU is moving toward an arguably vaguer but more unified, cross-border solution. This paper takes a unique approach …

Quo Vadis Eksistensi Rancangan Undang-Undang Pengelolaan Ruang Udara Di Indonesia, Elisabeth Sihaloho

Jurnal Hukum & Pembangunan

The law draft of Air Space Management, which has been proposed by the Government since 2019, has not received clarity regarding time of ratification. The Problem of air space has become an important issue that cannot be avoided along with the rapid development of the times which makes it possible to degrade the sovereignty of a nation and state through air space. This legal research will examine the urgency of establishing the airspace management law and the positive implications or benefits obtained through the formation of this legal issue. With this type of normative juridical research, this research focuses on …

Reinterpreting Article 9 Of Japanese Constitutional Law From The International Law Perspective, Hiroshi Saito

Japanese Society and Culture

This essay aims to demonstrate that the right of collective self-defense complements that of individual self-defense. Moreover, by exercising both rights of self-defense together, the ideals of the United Nations (UN) Charter and Japanese constitutional law can be implemented as stipulated.

However, this essay focuses on ensuring better consistency with the present time (synchronicity) rather than historical facts (historicity). Additionally, I have cited cases wherein the ideas and theories presented are controversial in academic circles. I cannot discuss them individually in this essay owing to space limitations, but I will consider them in a future opportunity. Finally, I would like …

Providing Community Protection From Sex Offenders – At What Cost?, Jessica Novick

Cardozo International & Comparative Law Review (CICLR) Blog

With the release of The Ken and Barbie Killers: The Lost Murder Tapes mini-series documentary on HBO’s Max recently, a renewed focus can be put on the “dangerous offender” status that murderer and serial rapist Paul Bernardo has who is one of the two central figures of the docuseries. Sexual offenders are some of the most feared types of criminals in our current society. Law & Order: SVU just began airing its 25th season, and the enduring legacy of this show and others similar to it has enriched the cultural fear of sex offenders. Now is an important time culturally …

The 2024 International Advocate For Peace Award Ceremony Honoring Dr. Richard Haass, Cardozo Journal Of Conflict Resolution

2023–2024 Flyers

No abstract provided.

The 2024 International Advocate For Peace Award Ceremony Honoring Dr. Richard Haass, Cardozo Journal Of Conflict Resolution

2024 Event Invitations

The Cardozo Journal of Conflict Resolution will present this year’s award to Dr. Richard Haass, President Emeritus of the Council on Foreign Relations and Senior Counselor with Centerview Partners. Dr. Haass chaired the multiparty negotiations in Northern Ireland that provided the 2014 Stormont House Agreement, earning him the 2013 Tipperary International Peace Award. Dr. Haass also served as the Director of Policy Planning of the U.S. Department of State under Secretary Powell from 2001 to 2003 during which he played a pivotal role in shaping U.S. foreign policy and addressing global challenges. He is the author or editor of fourteen …

Financing Reforms To Meet A Pivotal Moment In Global Health, Kevin A. Klock, Alexandra Finch, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

2024 will be the most important moment for global health since the World Health Organization’s founding in 1948, but only if states give major reforms their full political and financial backing. Bold new commitments in disease surveillance, capacity building, and more equitable access to health products cannot be achieved without ample and sustainable funding. In this essay, we discuss major reforms found in the emerging pandemic agreement and reformed International Health Regulations and then explore the significant challenges and opportunities for financing them.

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Editor's Note, Shade Streeter, Reagan Ferris

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

El Salvador’S Bitcoin Bond Is Finally Here!, Douglas Notaris

Cardozo International & Comparative Law Review (CICLR) Blog

In 2021, President Nayib Bukele of El Salvador had a bold vision for the nation. He aspired for El Salvador to transform into a “bitcoin haven.” Now, what does this mean, you may be wondering? Well, it all traces back to the enactment of the “Bitcoin Law” on September 7, 2021. With the passage of this law, El Salvador became the first, and still the only, country to designate Bitcoin as legal tender.This meant that every Salvadoran business was obligated to adopt Bitcoin for transactions, taxes could be settled using Bitcoin, and the government had the capacity to disburse subsidies …

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2023–2024 Flyers

No abstract provided.

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2024 Event Invitations

On January 26, the International Court of Justice (ICJ) issued a provisional measures order in the case of South Africa v. Israel. This case has been the focus of significant attention.

Join legal scholars with extensive backgrounds in international humanitarian and human rights law in discussing the legal implications of the ICJ’s role in the ongoing conflict.

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2024 Event Invitations

On January 26, the International Court of Justice (ICJ) issued a provisional measures order in the case of South Africa v. Israel. This case has been the focus of significant attention.

Join legal scholars with extensive backgrounds in international humanitarian and human rights law in discussing the legal implications of the ICJ’s role in the ongoing conflict.

Comment On Otp Environmental Crimes Policy, Frank Rosenblatt, Shruti Bedi, Philip D. Cave, Giovanni Chiarini, Anne Dienelt

Journal Articles

This letter transmits the views of the National Institute of Military Justice (NIMJ) regarding the ICC Office of the Prosecutor’s Environmental Crimes Policy.

Pavez Pavez V. Chile, Rachana Reddi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Case Of The "Caracazo" V. Venezuela, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Duque V. Colombia, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.