International Law Commons^™

The Role Of The U.S. State Department As An Amicus In Foreign Policy Abstention Analysis, Sarah Kurpius

Northwestern University Law Review

Foreign policy abstention is a novel and unsettled doctrine in international litigation. Unlike other established international litigation abstention doctrines, foreign policy abstention permits courts to decline jurisdiction when adjudication implicates significant foreign policy concerns. First invoked in 2004, the doctrine has since appeared sporadically in case law, most recently in the Eighth Circuit’s decision in Reid v. Doe Run Resources. Yet, its analytical framework remains muddy and amorphous, leading to inconsistent judicial application.

This Note examines one critical factor courts consider when determining whether to apply the foreign policy abstention: the strength of U.S. foreign policy interests in the …

Volume 16 Issue 1 Masthead

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Extradition Treaty Between The United States Of America And The Republic Of Colombia: Public International Law And The Judicial Substitution Paradox, Andrés Téllez-Núñez

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor

Notre Dame Journal of International & Comparative Law

No abstract provided.

Roman–Dutch Law, Scottish Civil Procedure And Fusing Of The Common And Civil Jurisprudence, Zia Akhtar

Notre Dame Journal of International & Comparative Law

The range and breadth of Roman law have extended and been assimilated into the distant corners of Europe based on the concept of Jus Commune. Law of Scotland is one of the countries which has adopted Roman legal principles in its substantive law. The Scots law is a non-codified Civil law in which legal principles have been drawn from both the civilian (i.e. Roman law) and common law traditions. It also owes its evolution to the jurists who developed the causes of action in the civil courts of the country. These Roman law foundations still persist in Scottish law and …

Volume 16 Issue 1 – Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Question Of “Territory” In The Wto Jurisprudence: A Critique Of Panel's Decision On Us-Origin Marking Requirement Dispute, Yuanyuan Ren

Notre Dame Journal of International & Comparative Law

This article draws on the US—Origin Marking Requirement case study to critically examine the concept of “territory” under the World Trade Organization (WTO) law, particularly in relation to trade with contested territories among WTO members. It argues that while trade with contentious territories is not explicitly covered in current WTO rules, WTO law does provide a regulatory framework for tackling such issues. Nevertheless, resolving trade disputes involving contested territories at the WTO remains challenging, particularly due to the limited discussion on the notion of “territory” and the national security exceptions in WTO jurisprudence. The US—Origin Marking Requirement case marks the …

Papal Jurisprudence, Chad Marzen, William Woodyard

Notre Dame Journal of International & Comparative Law

No abstract provided.

From Pirates To Corporations: The Evolving Battleground Of The Alien Tort Statute, Marin Larkin

Notre Dame Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of The Rule Of Lenity And National Power Structures, Albert Kwon

Notre Dame Journal of International & Comparative Law

No abstract provided.

Federalism, Treaty Norms, And The U.N. Report On American Education, Jorge Barrera-Rojas

Notre Dame Journal of International & Comparative Law

United Nations Special Rapporteurs assess national compliance with international human rights obligations, including educational rights articulated in treaties such as the International Covenant on Economic, Social, and Cultural Rights ("ICESCR"). These evaluations typically involve treaty-bound states with explicit international commitments. However, the applicability of such assessments is less straightforward in non-ratifying federal states, such as the US, which rely on diverse state-level constitutional provisions rather than federal treaty obligations.

This Article critically examines the 2025 Report of the Special Rapporteur on the Right to Education, following the Rapporteur's first official visit specifically addressing U.S. K-12 education policy. The analysis identifies …

Adversarial Comparativism: The Role Of Emotion In United States–China Comparative Law Projects, Matthew S. Erie

Scholarly Articles in Law Reviews & Journals

Contemporary comparative law operates across a landscape riven by protectionism, nationalism, and securitization, all of which complicate comparative law projects. Nowhere is this more evident than in the U.S-China relationship, the most important bilateral relationship in the world. Despite economic “delinking,” the U.S. and Chinese legal systems are interacting more than ever; however, how this interaction works is poorly understood. This Article proposes “adversarial comparativism” to explain this dynamic. It is an approach to comparative law and politics that includes different modalities: competition, aggressiveness, transactionalism, misunderstanding, opportunism, and gaslighting. Many of these are underpinned by emotion. As such, while this …

Roads To Regulation: A Discussion On Non-State Armed Groups' International Health Law Obligations, Eric Fogle

Journal of Law and Health

Non-state actors can look and operate like governments, yet without formal statehood, they exist in a regulatory gray area. Non state actors play an increasingly influential role in international law, yet they remain largely unregulated. This paper examines non-state actors as a class, with particular attention to non-State armed groups (NSAGs), and analyzes the regulatory gap they occupy specifically within international health law. The paper first surveys the rise, diversity, authority, and legitimacy of non-state actors in relation to States, highlighting their growing involvement in governance functions traditionally reserved for States. This paper then introduces the World Health Organization (WHO) …

Trump’S Venezuela Legal Defense Restson Youngstown ‘Gloss’ Idea, Frank Rosenblatt

Journal Articles

President Donald Trump’s decision to invade Venezuela and oust its president puts a spotlight on a USSupreme Court case that famously blocked President Harry Truman’s seizure of American steel mills. Thecase highlights the tension among presidential aggrandizement, Congress’s war powers, and the (oftensecret) legal opinions undergirding a president’s ambitions

The Stripes Of Glory We Wear: Reflections Of The Legal Role And Intricacies Of Citizenship In The History And Foundation Of The Malaysian State

Washington International Law Journal

Abstract: The meaning of citizenship in Malaysia is a tale as old as the country itself—a thorny triangular relationship between the state; the Bumiputera majority of Malay and indigenous natives; and the non-Bumiputeras minority of Chinese and Indians who primarily migrated when the region was under British colonial rule and influence. In the present, Bumiputeras enjoy a constitutionally stipulated special status—a distinction that bestows many privileges and preferential treatment in all facets of life, from commerce to education, homeownership to government employment, that is off-limits to non-Bumiputeras. Supporters of the system argue it remains necessary—a form of affirmative action …

The Taiwanese Way To Ai Governance: Draft Basic Law On Artificial Intelligence And Future Regulatory Strategies

Washington International Law Journal

Abstract: Despite Taiwan’s significant contributions to the global artificial intelligence (AI) ecosystem, its role remains underexamined in international AI governance discourse. This Article addresses this gap by analyzing Taiwan’s emerging AI regulatory framework, with particular emphasis on the Draft Basic Law on Artificial Intelligence (the “Draft AI Law”). Situating Taiwan’s approach within the broader global regulatory landscape, the Article compares the Draft AI Law with key international models, including the European Union’s AI Act and the United States’ NIST AI Risk Management Framework, while also drawing on regulatory developments in Japan and South Korea. Rather than providing a clause-by-clause analysis, …

Reviving Novorossiya: Russia’S Invasion Of Ukraine Under International Law

Washington International Law Journal

Abstract: For nearly three years, the Eastern European nation of Ukraine has been entangled in a war it did not instigate, did not desire, but was forced into by its more powerful neighbor, Russia. Since the onset of the war, Russia has faced accusations of widespread atrocities, including severe violations of human rights, international humanitarian law, and breaches of other international norms. Following the inauguration of United States (US) President Donald Trump, there has been a renewed effort to bring both parties to the negotiating table and end the conflict. With the ongoing negotiations, there is no better time to …

Allocating Data Protection Duties The Chinese Way

Washington International Law Journal

Abstract: China has been enacting data protection laws with distinctive features at an unprecedented pace, which makes it necessary to update existing studies on the Chinese approach to data protection. Unlike its predecessors, this Article focuses on developing a structured approach to dissecting the Chinese regime, especially the Personal Information Protection Law and latest case law. It analyzes how the laws allocate responsibilities among the three major parties involved in data protection—individual data subjects, data controllers, and regulators—and draws comparisons with European Union (EU) laws that inspired the Chinese laws. It argues that the way Chinese laws allocate data …

De Novo Review For Asylum At The Circuit Court Level: Comparing A Stringent Standard Of Review For Asylum Seekers In The U.S. To The European Court Of Human Rights’ Standard, Dani Gómez

Human Rights Brief

On March 14, 2022, an immigration judge (IJ) denied the asylum applications of Douglas Humberto Urias-Orellana, Sayra Iliana Gamez-Mejia, and their child, ordering them removed to El Salvador. Urias-Orellana and his family had been placed in removal proceedings with

the Executive Office of Immigration Review (EOIR) and filed applications for asylum.  At the individual merits hearing, the IJ ruled that the threats were “insufficiently menacing” to constitute persecution. The Board of Immigration Appeals (BIA) affirmed. On further appeal, the First Circuit denied review, holding that courts may not re-evaluate the conclusions drawn from the factual findings de novo unless “any …

Salay V. Slovakia: A Contemporary Case On Educational Discrimination Against The Romani People, Sara Apostol

Human Rights Brief

In February of 2025, the European Court of Human Rights (ECtHR) ruled in favor of a Roma student who brought an anti-discrimination case against the Slovak government for discriminatory educational placement based on race. The case focused on an unjust system that placed Roma children in classes intended for individuals with disabilities.

Nondo V. Tanzania: Afchpr Signals Its Resolve On Democratic Preservation, Maggie Titus

Human Rights Brief

On September 15, 2025, the African Court on Human and Peoples’ Rights (AfCHPR) reopened the pleadings in Abdul Omary Nondo & Others v. United Republic of Tanzania. Applicants Abdul Omary Nondo, Deusdedit Valentine Rweyemamu, and Paul Revocatus Kaunda each filed separate applications against Tanzania challenging alleged conflicts between the Tanzania’s Constitution and its obligations under the African Charter on Human and Peoples’ Rights (the Charter), the Universal Declaration of Human Rights (UDHR), and the International Covenant on Civil and Political Rights (ICCPR). All three applications were filed on November 19, 2020, and served to the State on December 3, …

Restoring The Organization For The Security And Cooperation In Europe’S Role In Human Rights And Security After Russian Invasion, Roman Nekoliak

Human Rights Brief

This Article diagnoses a systemic erosion of rights-based multilateralism driven by geopolitical realignment, reduced leadership by traditional human rights defenders, the rise of authoritarian coalitions, and the growth of transactional and securitized diplomacy. This Article argues that revitalizing the Organization for the Security and Co-operation in Europe (OSCE) around a rights-centered, cross-dimensional concept of security is essential to restoring both regional stability and the credibility of international human rights commitments. It places the war in Ukraine within broader patterns of democratic backsliding, institutional paralysis, and the rise of authoritarian governance, demonstrating how domestic repression and interstate aggression mutually reinforce one …

Not Eu Enough: The Eu's Proposed Multilateral Investment Court As An Infeasible Replacement For The Intra-Eu Isds Mechanism After The Achmea Decision, Rohit Rakhit

Case Western Reserve Journal of International Law

In the landmark case Slovak Republic v. Achmea BV, the European Union Court of Justice (CJEU) invalidated Article 8 of the 1992 Dutch-Slovak bilateral investment treaty (BIT), holding that it conflicted with EU law. Article 8 included a provision which mandated that any party initiating an investor-state dispute governed under the Dutch-Slovak BIT bring the dispute in front of an arbitration tribunal. Since this form of investor-state dispute resolution was customary in the EU, states and investors became concerned about what the future of investment arbitration would look like in the EU. As a solution, the EU proposed the implementation …

Death Without Discretion: The Legality Of Mandatory Capital Punishment In Tanzania, Kimberly Austin

Human Rights Brief

The African Court on Human and Peoples’ Rights (AfCHPR) recently found that Tanzania’s mandatory death penalty by hanging violates the rights to life and dignity, guaranteed under Articles 4 and 5 of the African Charter on Human and Peoples’ Rights (the Charter). The Court’s judgment on June 26, 2025, in Tembo Hussein v. United Republic of Tanzania demanded rapid reform of Tanzania’s criminal laws in the name of preserving human rights.

T.H. V. The Czech Republic: A Step Forward Or Back For Lgbtq+ Rights And Discourse In Europe With The First Openly Non-Binary Applicant?, Katherine Olsson

Human Rights Brief

On December 9, 2025, the European Court of Human Rights (ECtHR) issued a final judgment in the case of T.H. v. The Czech Republic.  The case concerned a non-binary individual, T.H., who was assigned male at birth and, since May 2012, had repeatedly petitioned to change their sex/gender marker and personal numerical code on their national identity card.  Because the Czech system does not provide for the option of a neutral gender marker, T.H. petitioned to have their registered gender changed to female.

Contested Authority: The Legal Framework For Ultra Vires Sovereign Debt And Its Implications For Public Debt Transparency, Sebastian Grund, Roshak Momtahen

Emory International Law Review

Despite the absence of a dedicated legal or institutional framework governing sovereign debt, the interests of government debtors and their creditors are balanced through a plethora of private and public ordering mechanisms. This Article examines “ultra vires” debt, or debt issued beyond the powers of the issuer, as a crucial element of the debtor-creditor relationship, and a potential source of tension. It describes a situation whereby a sovereign issues a financial obligation in violation of its own domestic laws. As recent high-profile lawsuits involving Venezuela and Ukraine have shown, the legal consequences of ultra vires sovereign debt issuance are …

Consensus Decision-Making: Decision-Making Model Of Chinese Constitutional Review, Songfeng Li

Emory International Law Review

The judgment model of constitutional review in China adopts a consensus-based judgment model involving multiple stakeholders, including review authorities, drafting authorities, relevant interest parties, and the general public. Through multi-level, multi-stage, and multi-round interactive communication and negotiation, consensus is reached on constitutional judgments. This judgment model aligns with the power division political system under the NPC system, reflecting the institutional concept of people’s sovereignty and the cultural foundation of valuing harmony. It is also a result of the decentralization of constitutional review authority leading to insufficient power for actual reviewers, the parallel nature of factual and normative judgments in constitutional …

Corporate Culpability And The Tragedy Of The Commons: Extraction And Enforcement Schemes In Brazil And Nigeria, Jane Ijeoma Onuoha

Emory International Law Review

Natural resources that were abundant decades ago are now at an all-time low. Meanwhile, corporations continue to benefit from using the Earth and its resources for their profit. Rather than enforcing established legal frameworks designed to protect the environment and human rights, governments often allow corruption, control, and competition to create opportunities for gain through complicity. In countries like the Federative Republic of Brazil and in the Federal Republic of Nigeria, the effects of inaction are taking a toll on the natural resources that each country relies on. Multinational corporations are not held accountable for their corrupt and illegal extractive …

From Russia Without Love: A Unique Path Forward For Western Asset Holders Looking To Recover Expropriated Property In Russia, Anthony Liberatori

Northwestern Journal of International Law & Business

Chelsea Football Club, Sean Baker’s Academy Award-winning film “Anora,” and billionaire parties in St. Barth’s: the rapid rise of Russian capital since the collapse of the Soviet Union has permeated international popular culture and underscores the modern global economy. However, Vladimir Putin’s invasions into Ukraine in 2014 and 2022 have caused the international community — particularly the West — to sanction Russia, challenging its place in an increasingly globalized supply chain, and harkening anti-Russian sentiment not seen since the Cold War. In response to sanctions, Russia has begun nationalizing Western assets left behind within its borders, leaving company owners scrambling …

Taxation And The Fair And Equitable Treatment Standard In International Investment Arbitration, Jiangfeng Li

Northwestern Journal of International Law & Business

The recent decade has witnessed an increase of cases in which foreign investors have challenged host states’ taxation measures in international investment arbitrations, arguing that they violated investment treaty protection standards including fair and equitable treatment (“FET”). After conducting a close examination of cases involving taxation-related claims in international investment arbitration, this article reveals that in the cases involving the host states’ taxation measures, the ability of investors to invoke FET claims is very limited, and the chances of foreign investors succeeding in protecting their investment interests through FET claims are much lower compared to other types of non-taxation-related claims. …