International Law Commons^™

The Urgency In Legal Protection Of The Internment In Non-International Armed Conflict Between The Ethiopian Government And The Tigray People’S Liberation Front, Ika Ningtyas, Maheswari Trinanda Putri, Yasniar Rachmawati, Fransiska A. Susanto, Patricia Audrey Ruslijanto

Indonesian Journal of International Law

The issue of a legal vacuum in international humanitarian law related to administrative internment in non-international armed conflicts has been a concern addressed in Article 3 of the Geneva Convention and Articles 5-6 of Additional Protocol II. Due to this deficiency, many countries establish their domestic laws. One such example is the non-international armed conflict between the Ethiopian government and a non-state armed group, the Tigray People’s Liberation Front. The issue in this case began with the government's emergency statement for a six-month period, granting broad authority to arrest individuals based on “impossible judgment” and cooperation with a “terrorist group” …

Artificial Intelligence, Cyberspace And International Law, Tripti Bhushan

Indonesian Journal of International Law

Artificial Intelligence (AI) has become a significant technology that has transformed different sectors, including cyberspace. As AI continues to advance, it poses complex challenges to the existing international legal frameworks that govern cyberspace. This research paper examines the relationship between AI, cyberspace, and international law. It explores the impact of AI on the development of cyberspace and its potential consequences for international law. It also examines the existing international legal frameworks that regulate cyberspace and the challenges posed by the development of AI. This paper investigates the legal implications of AI and cyberspace on international law, specifically in the context …

International Tribunals Approach Toward Maritime Boundaries Delimitation Of An Archipelagic State, Gulardi Nurbintoro

Indonesian Journal of International Law

One of the most prominent features of the United Nations Convention on the Law of the Sea (UNCLOS) is the recognition of the archipelagic State concept, embodied under Part IV of the Convention. Since the entry into force of the Convention, more than 20 countries have claimed archipelagic State status, all of which are developing countries. Despite the considerable number of archipelagic States and a universal recognition of the concept, judicial jurisprudence remains very limited, if not non-existent, with respect to practices of archipelagic States pertaining to maritime boundaries delimitation. Up to the writing of this abstract, only two maritime …

Conceptions Of Legitimacy Under International Human Rights Law And Islamic Rights Law, Raas Nabeel

Indonesian Journal of International Law

Islamic law, or the shariah, is a rich body of legal rules and obligations that aims to protect individuals from wrongs committed to each other and wrongs committed to God. However, Islamic law is often considered to be at odds with international human rights law, particularly in certain domains such as gender rights, the freedom of expression, the freedom of religion, and the right to dignity. Muslim-majority States have criticized the Universal Declaration of Human Rights, the International Bill of Rights, as well as other international human rights conventions for the seeming incompatibility of their obligations with the rules, practices, …

Ukraine’S Supreme Court: Upholding Justice Amid War, Olena Kibenko, Cristobal Diaz

Judicature International

No abstract provided.

Masthead

UC Law SF International Law Review

No abstract provided.

Injustice Anywhere: A Comparative Law Analysis Of Saudi Arabia’S Criminal Justice System, Cooper C. Millhouse

UC Law SF International Law Review

A narrow understanding of other nations’ judicial systems begets unsupported assumptions about the way a justice system should operate. While many western commenters have publicized the failures of Middle Eastern societies to protect individual rights, much of the existing literature fails to analyze the legal structures which perpetuate injustice and the motivations that keep the institutions in place. This article illuminates the goals Saudi Arabia’s justice system, inspects how those goals parallel the goals of other common law and civil law systems, and evaluates whether Saudi Arabia’s system is able to effectively accomplish its aims.

This article argues that Saudi …

The Origins And Future Of International Data Privacy Law, Julian Schneider

UC Law SF International Law Review

Data privacy law varies widely across jurisdictions worldwide. Amidst sophistries and jurisdictional conflicts between lawmakers in Europe and the United States, a largely unregulated cross-border data industry emerged, prepared to exploit an unaware or overwhelmed general public. Without governmental support, privacy itself is in grave danger. The people, as true bearers of the fundamental right to privacy, must be put back in control of their data by governments that are aware of their ever-conflicting roles as protectors and aggressors. Scholars like Ari Ezra Waldman, in its book “Industry Unbound,” have criticized the common notice and consent approach to privacy as …

Billion-Dollar Exposure: Investor-State Dispute Settlement In Mozambique’S Fossil Fuel Sector, Lea Di Salvatore, Maria Julia Gubeissi

Columbia Center on Sustainable Investment

Alongside preparing for climate change, Africa should invest in the zero-carbon future, avoiding locking itself into the declining fossil fuel–based economy while taking advantage of the opportunities presented by decarbonization. However, investment treaties and investor–state dispute settlement (ISDS) hinder, rather than catalyze, the transition to climate-friendly investment opportunities. This report shows how Mozambique’s international investment agreements and publicly available oil, gas, and coal contracts allow foreign investors to bypass the national judicial system and bring multi-billion-dollar ISDS claims against Mozambique. Such claims can result in significant costs for the country, and they also have a chilling effect on new public-interest …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

European Union/Oecd/International - Klaus Vogel Lecture 2023: The Past, Present And Future Of Destination-Based Income Taxation., Reuven S. Avi-Yonah

Articles

A significant obstacle to the unilateral adoption of the OECD’s Pillar One are tax treaties since many countries cannot override tax treaties unilaterally. In his Klaus Vogel Lecture for 2023, Professor Reuven Avi-Yonah asks what are the chances for adopting a true multilateral convention for income taxation?

Normative Impacts And Legitimacy Dimensions In The Intersection Of Trade And Agile Regulation Within Comprehensive Free Trade Agreements, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

The article revisits the rationale of regulatory policy commitments in FTAs and assesses their normative impact considering the emerging paradigm of regulatory agility. It argues that commitments on best regulatory practices and regulatory cooperation can lead to more efficient, effective, and flexible regulations thereby preparing countries to implement future-proof and agile regulation to tackle current challenges stemming from technology and sustainability. Moreover, by promoting international regulatory cooperation activities, comprehensive FTAs further evolve into open-ended, living agreements, which are prone to establish dynamic bilateral or plurilateral regulatory relationships. However, the article also shows that the functionalist rationale perspective on the trade-(agile)regulation …

Applicable Law And The Civil And Common Law Divide, George A. Bermann

Faculty Scholarship

In examining the relevance of civil law and common law synergies in international arbitration, we often dwell on aspects of arbitral practice and procedure. This should occasion no surprise. Our attention turns to arbitral practice and procedure, for that is what we do, as arbitrator and counsel, and on a daily basis. Leaving aside investor-State arbitration, in which substantive public international law looms large, international arbitration is very much a procedural endeavor.

But it should not be forgotten that the differences between the civil law and the common law manifest themselves not only, and not even primarily, in practice and …

The Role Of Human Rights Indicators In Assessing Compliance With The Un Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Georgia Law Review

In recent years, international human rights treaties have come under attack for failing to fulfill their promise. While it may be true that human rights treaties have not realized their full potential in every case, there is little discussion about how to measure the impact of treaties. This Article explores the ways in which we measure compliance with human rights treaties, focusing on the Convention on the Rights of People with Disabilities (CRPD). The CRPD entered into force in 2008. Since then, 188 States Parties have ratified it. In addition, the Office of the High Commissioner for Human Rights recently …

Identifying A Finacial Footprint Of Human Trafficking, Cardozo International Law Society (Cils)

2023–2024 Flyers

No abstract provided.

Ukraine, Urban Warfare, And Obstacles To Humanitarian Access: A Predicament Of Public International Law, Harriet Norcross Eppel

BYU Law Review

Humanitarian assistance is not carried out in a vacuum. As urban warfare historically complicates humanitarian aid’s access to civilians in war zones, Ukraine, having suffered and still facing highly publicized violence in civilian-dense areas, has encountered dire obstacles in acquiring necessary resources for civilians’ survival, including both direct and incidental attacks on humanitarian access. Thus, it is vital the international legal community take measures to mitigate current and future dangers of urban warfare, as well as design new solutions, such as strengthening current international law under which obstructing humanitarian access constitutes a violation of jus cogens principles, attempting to induce …

Human Rights Without Borders, Christian Gonzalez Chacon

Northwestern Journal of Human Rights

In the current global context, millions of people are forced to migrate

yearly for reasons ranging from persecution and violence, internal armed

conflicts, and forced displacement, to lack of employment and climate

change. In the Americas, we recently witnessed the phenomenon of the

“migrant caravans,” where thousands of people, mostly from the Northern

Triangle of Central America—El Salvador, Honduras, and Guatemala—

were willing to walk hundreds of miles to enter the U.S.-Mexico border to

escape poverty and violence in their countries. Another caravan of close to

10,000 migrants from the Northern Triangle of Central America including

Guatemala, El Salvador and …

Pillar 2 And The United States: What's Next, Reuven S. Avi-Yonah

Articles

January 1 marked the official effective date of the 15 percent global corporate minimum tax imposed by pillar 2 as part of the G-20/OECD/ inclusive framework base erosion and profitshifting 2.0 project. Pillar 2 went into effect in Australia, Canada, the EU, Japan, Norway, South Korea, and the United Kingdom, with more countries expected to adopt it soon, including low-tax countries like Barbados, Ireland, Luxembourg, the Netherlands, and Switzerland. Critics have argued that pillar 2 violates tax treaties, customary international law, or bilateral investment treaties. But it seems unlikely that legal challenges against it will succeed. Most of the countries …

Digital Terror Crimes, Cody Corliss

Law Faculty Scholarship

Terror actors operating within armed conflict have weaponized social media by using these platforms to threaten and spread images of brutality in order to taunt, terrify, and intimidate civilians. These acts or threats of violence are terror, a prohibited war crime in which acts or threats of violence are made with the primary purpose of spreading terror among the civilian population. The weaponization of terror content through social media is a digital terror crime.

This article is the first to argue that the war crime of terror applies to digital terror crimes perpetrated through social media platforms. It situates digital …

The Status Of The Icj Case Of Ukraine V. Russia, Anne Harper

Cardozo International & Comparative Law Review (CICLR) Blog

When Russia launched its full-scale invasion of eastern Ukraine on February 24, 2022, Russia claimed that the use of force in Ukraine was justified since Ukraine was committing genocide. Within a few days, Ukraine filed a petition with the International Court of Justice (ICJ). Ukraine evoked the ICJ’s jurisdiction under Article IX of the Genocide Convention, which provides the ICJ with jurisdiction to resolve “[d]isputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in …

The International Criminal Court And International Court Ofjustice: Similarities And Differences, Frank Rosenblatt

Journal Articles

Two international courts, the International Criminal Court (ICC) and the International Court of Justice (ICJ), have been in the news recently for theirroles in addressing allegations that Israel committed genocide in Gaza. This post explains these courts’ similarities and differences and describestheir distinct roles in this and other international crises.

Seizure Of Russian Corporate Assets: Prosecution Of Russian Corporations For War Crimes In Ukraine As A Precursor To Seizure Of Frozen Corporate Assets In Foreign Jurisdictions, Milena Sterio, Federica D’Alessandra, Michael J. Kelly, Lydia Korostelova, Dmytro Koval

Law Faculty Reports and Comments

This White Paper proposes a criminal litigation pathway within a broader rule of law context for legally securing those assets, which Ukraine can then utilize to begin the rebuilding process without having to wait through more years of depredation and harsh winters. Doing so through a legal process such as that outlined in this White Paper is going to be key to Ukraine’s future as a democracy, as a candidate to join the European Union, as a candidate to join NATO, and as a rule of law society that is trusted and safe enough to attract substantial foreign direct investment.

Zero-Option Defendants: United States V. Mclellan And The Judiciary's Role In Protecting The Right To Compulsory Process, Wisdom U. Onwuchekwa-Banogu

JCLC Online

How does one obtain evidence located outside the United States for a criminal trial? For prosecutors, the answer is an exclusive treaty process: Mutual Legal Assistance Treaties (MLATs). Defendants, on the other hand, may only use an unpredictable, ineffective, non-treaty process: letters rogatory. The result is a selective advantage for law enforcement at the expense of the defendant. Though this imbalance necessarily raises Sixth Amendment Compulsory Process Clause concerns, MLATs have remained largely undisturbed because defendants still have some form of process, albeit a lesser one. But what happens when the letters rogatory process is also closed off to the …

30 Years Removed, Oil-Spill Liability Insurance's Evolution Since The 1989 Exxon Valdez Incident, Rejo Mathew

Ocean and Coastal Law Journal

In the thirty years since the Exxon Valdez incident, much has changed. This article looks back at the events of the accident and the subsequent changes to the marine pollution insurance industry, from the statutes regulating oil tankers in 1989 to the Oil Pollution Act of the 1990. The regulatory framework resulting from the Exxon Valdez is examined and compared to the litigation deriving from the spill.

Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer School of Law and its Indiana Journal of Global Legal Studies are hosting scholars from around the country Friday and Saturday (Jan. 19-20) for an interdisciplinary discussion on one of the world’s most prevalent problems—food insecurity.

Data from the World Bank estimate more than 780 million people around the world suffered from chronic hunger in 2022. As climate change affects agricultural production and water accessibility, the problem could worsen in coming years.

“A Fragile Framework: How Global Food Systems Intersect with the International Legal Order, the Environment, and the World’s Populations” will bring together legal, policy, …

The Failure Of Australia's Voice Referendum: A Lost Opportunity For Progress?, Jennifer Grubman

Cardozo International & Comparative Law Review (CICLR) Blog

On October 14, 2023, Australia held its first constitutional referendum of the twenty-first century. Had the referendum succeeded, a section would have been added to the Australian Constitution not only recognizing First Nations as the “First Peoples of Australia,” but also establishing a body known as the Aboriginal and Torres Strait Islander Voice, or the Voice. This was not Australia’s first constitutional referendum concerning First Nations. In 1967, Australians voted in favor of an amendment to the Australian Constitution that granted “state and National parliaments … concurrent power” to legislate for the First Nations. However, unlike the 1967 referendum, the …

Introduction To The Symposium, Julian Arato, Jonathan Bonnitcha, Mavluda Sattorva

Other Publications

This symposium explores the interrelation and juxtaposition of private and public registers in the logics and practices of private international law, public international law, and foreign relations law. It is inspired by the scholarly work of a brilliant scholar and much-missed friend: Karen Knop, Professor and Cecil A. Wright Chair at the University of Toronto Faculty of Law (1960–2022).

Global Brand Protection In Web 3.0: Blockchain Domain Names And New Legal Challenges, Vera Glonina

Cardozo International & Comparative Law Review (CICLR) Blog

The development of blockchain technologies is changing the world by introducing new systems and opportunities. In particular, blockchain technologies are a key component of so-called Web 3.0, a new generation of the Internet, which incorporates “the idea of a new, decentralized internet built on blockchains, which are distributed ledgers controlled communally by participants.”

This post was originally published on the Cardozo International & Comparative Law Review on January 11, 2024. The original post can be accessed via the Archived Link button above.

Constitutional Constraint: The United States Should Follow In New Zealand’S Gun Reform Footsteps, Jillian Fantuzzi

Cardozo International & Comparative Law Review (CICLR) Blog

The Second Amendment to the United States Constitution protects “the right of the people to keep and bear arms.” The United States is one of three countries worldwide that provide a constitutional right to bear arms, but the only country where this right is not accompanied by a restrictive condition. Despite the apparent gun crisis that increasingly characterizes the United States, legislators struggle to implement regulation due to the Supreme Court’s classification of the Second Amendment as a right to self-defense. However, where the initial purpose of the Second Amendment was to equip civilians as members of the militia to …

Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino

Cardozo International & Comparative Law Review (CICLR) Blog

In recent years, the Indigenous peoples of Brazil have fought a host of legal obstacles to maintain sovereignty over their traditional ancestral lands, in large part owing to the policy imperatives of successive presidential administrations and Congresses that have favored agribusiness interests and commercial development of Brazil’s interior regions at the expense of the Indigenous peoples who live in these areas. The Brazilian Constitution of 1988 guarantees Brazil’s Indigenous peoples legal recognition of their ancestral lands via the “land demarcation” or “official land recognition” process, providing that the federal government shall recognize “their original rights to the lands they traditionally …