International Law Commons^™

Discussant Remarks, Hannah L. Buxbaum

American University International Law Review

Through the lens of current crises—including the climate crisis, the crisis of democracy, and of course the COVID-19 pandemic— Professor Daudet examines the role that international law plays in mediating the principle of national sovereignty and the interests of the global community.1 He goes on to inquire whether these crises might in some way create an opportunity to advance the international legal and political order.

International Water Law’S Ability To Address Jordanian Water Insecurity, Jo Young

Upper Level Writing Requirement Research Papers

This comment studies international water law, specifically between Jordan and Israel, by detailing the complex history of Jordan and Israel. The comment analyzes the unique progression of previously feuding states, specifically Jordan and Israel, and looks to a hopeful future. Potential solutions will require an abundance of creativity and cooperation, something historically challenging for the Jordan River Basin region, but which is arguably possible with shared goals and understandings of the inescapable impact of climate change on the Jordan River Basin. Further, this comment hopes to shed light on a more sustainable future that can inspire the international community as …

North American Energy In The Crossfire, Guillermo J. Garcia Sanchez, James W. Coleman

Faculty Journal Articles and Book Chapters

North America is the beating heart of global energy markets undergoing a terrible energy crisis that threatens to upend both the economy and global security. The clearest path out of this global crisis is increasing energy supplies from North America, which can restore energy security and drive a transition to cleaner energy sources. The U.S., Mexico, and Canada have abundant and varied resources to surmount this challenge but are in dire need of stronger cooperation across borders, and between private and public actors to achieve this goal. This Article shows how energy law changes in the U.S. and Mexico present …

China's Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, Thomas D. Grant, F. Scott Kieff

The International Lawyer

No abstract provided.

Endogenous, Exogenous And Existential Risk-New Global Solutions, G. A. Walker

The International Lawyer

No abstract provided.

Engaging With Abdullahi An-Na'im's Philosophy On Islam And Human Rights, Mashood A. Baderin

Emory International Law Review

Abdullahi Ahmed An-Na‘im is one of the leading scholars and contributors on the subject of Islam and human rights. In fact, he remains one of the most cited authorities in the subject area. His contributions on the subject span more than three decades during which he has engaged with almost every topical issue on the subject. He has been described as one of the non-Western jurists from “the South” “who ha[s] made substantial contributions to the theory and practice of human rights” generally.

There can be little doubt that Abdullahi An-Na‘im has been one of the most influential voices on …

Iraq's Constitutional Moments And The Institutionalization Of Ethno-Sectarianism, Jomana Qaddour

Emory International Law Review

What role did Iraq's ethno-sectarian cleavages play in the process of drafting its 2005 Constitution? And what role has that Constitution played in further entrenching those cleavages? The 2003 Iraqi invasion by U.S. and allied forces ultimately resulted in the drafting of two of the country's most important documents: the Transitional Administrative Law and the 2005 Constitution. These two documents—heavily influenced by the United States and Britain, as well as powerful Iraqi stakeholders (both local and exiled)—were approved despite their serious deficiencies, particularly in articles pertaining to power sharing, individual rights, and civil liberties. These deficiencies, some of which were …

Exposure To Family Violence In Hague Child Abduction Cases, Deborah Reece

Emory International Law Review

The Hague Convention on the Civil Aspects of International Child Abduction requires signatory countries to hold prompt hearings for the return of wrongfully removed children back to their habitual residence. There are five defenses to return provided in the Convention. For taking parents escaping domestic violence with their children, the most typical defense offered to defeat a return petition is “grave risk of harm.” Courts vacillate on whether exposure to family violence amounts to a grave risk to a child. Further, some courts require consideration of “ameliorative measures” in an effort to repatriate children to abusive households, instead of denying …

The Implementation Of The Rights To Self-Determination Of Aymara And Quechua Indigenous Peoples: An International Normative Response To The Spanish Conquest Of Tawantinsuyu, Yuri G. Mantilla

Emory International Law Review

Contrary to ethnocentric views of law, this Article proposes an inter-civilizational perspective of international law. This perspective provides an analytical tool to understand the importance of preserving and empowering diverse cultures and peoples. In a globalized world, there is an increasing recognition of the contributions of diverse cultures and nations, including indigenous, to the economic development and the cultural heritage of humankind. The Article focuses on the importance of the resolution of a historical and ongoing ethnic conflict between the people of Tawantinsuyu, especially the Quechua and Aymara, and the descendants of Spanish conquistadores who continue to pursue policies to …

Assessing The Strategic Situation Underlying International Antitrust Cooperation, Weimin Shen

Emory International Law Review

This Article disputes the widely held view that the strategic situations underlying antitrust cooperation among developed antitrust regimes and developing antitrust regimes are similar, particularly the conclusion that the current set of policy options to address private and hybrid public-private restraints of trade is feasible in all situations. This Article utilizes an empirical inquiry into trade flows that affect the general level of antitrust regulations in open economies (here, Japan and China). Based on this empirical foundation, the current set of policy options are explored, including the extraterritoriality of U.S. antitrust law, Section 301’s competition-related clause, the World Trade Organization …

Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Ming Du

Emory International Law Review

No abstract provided.

Clarity About Comity: How Courts Have Attempted Greater Guidance For Chapter 15 Litigants, Sabrina Lieberman

Northwestern Journal of International Law & Business

Abstract

This note explores the development of courts’ refusal to extend comity to foreign representatives who have filed a proceeding under chapter 15 of the U.S. Bankruptcy Code. Congress adopted chapter 15 as part of a comprehensive 2005 bankruptcy reform. It allows foreign entities to receive protection under the U.S. Bankruptcy Code. In most cases, foreign representatives who file a chapter 15 proceeding are involved with ancillary insolvency proceedings outside the United States. There is often a question of how or if a U.S. court overseeing the chapter 15 proceeding will defer to a judgment or process within the foreign …

What Remains Of The Alien Tort Statute After Nestlé Usa, Inc. V. Doe?, Clara Petch

Northwestern Journal of International Law & Business

Abstract

The Alien Tort Statute (ATS), which provides U.S. courts with jurisdiction over violations of the law of nations, has been a crucial mechanism for obtaining redress for international human rights abuses. However, over the past four decades, the Supreme Court has continually chipped away at the jurisdictional reach of the statute. Most recently, in June 2021, the Supreme Court addressed the scope of the ATS in two consolidated cases: Nestlé USA, Inc. v. Doe and Cargill, Inc. v. Doe. Plaintiffs were former trafficked and enslaved children forced to work on cocoa farms in Ivory Coast under grueling conditions. Plaintiffs …

Married To Sustainability: The Sdg Wedding Cake Framework As A Tool For Strategic Corporate Social Responsibility, Jacob Aubrecht

Northwestern Journal of International Law & Business

If anything can be said about the future, it is that nothing is certain. In this acceleratingly dynamic reality, stability and certainty are among the greatest assets a leader can have. The opportunity to secure long term stability is something that few would pass up. Broadly speaking, corporate leaders must be acutely aware of global market forces, government regulation, and their own power in the marketplace to create cogent predictions about the future.

This paper is designed for the burgeoning corporate leader that is looking to craft their strategic position on corporate social responsibility (CSR), or the savvy one looking …

El Control Estatal De La (Des)Informacion En Internet En El Contexto De La Pandemia: Un Analisis De Las Tendencias Regionales Bajo Una Perspectiva De Libertad De Expresion, Paula Roko

American University International Law Review

El 3 de mayo de 2020, en el marco del Día Mundial de la Libertad de Prensa, el secretario general de la Organización de las Naciones Unidas (ONU) afirmó que la desinformación se ha convertido en la “segunda pandemia”. Unos meses antes, el Director General de la Organización Mundial de la Salud (OMS) ya había señalado que “las noticias falsas se difunden más rápido y con más facilidad que el virus, y que son igual de peligrosas”. Estos fueron comentarios recurrentes durante el 2020, un año que será recordado por el estallido de una pandemia mundial sin precedentes. Teorías conspirativas …

Introduction Human Rights And States Of Emergency: Unexpected Crisis And New Challenges, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

We are delighted to present this year’s special issue of the American University International Law Review and the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2021 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics, regarding so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.

Israel's Nation-State Law And The Resulting Violations Of The Convention On The Rights Of The Child, Darlene M. Burker

Loyola University Chicago International Law Review

This article argues that through the institution of the Nation-State law by Israel's parliament, the Knesset, and Israel's Supreme Court subsequently finding the law to be constitutional, Israel has violated the United Nation's ("U.N.") Convention on the Rights of the Child ("Convention"). Specifically, the Nation­ State law violates seven articles of the Convention through two declarations: Is­ raeli settlements shall now be recognized as a national value, and the right of self-determination will be unique to the Jewish people, to the exclusion of Pales­ tinian people. The articles within the Convention that are most blatantly violated are Articles 8, 27, …

Linking Revisions To The Ap I Commentary To Gendered Effects Of Kinetic Operations, Jody M. Prescott

Loyola University Chicago International Law Review

In 2000, UNSCR 1325 on Women, Peace, and Security called on the international community to fully implement international humanitarian law ("THL") that protects the rights of women and girls during armed conflict. Since then, work in this area has largely avoided the parts of IHL that deal with the application of armed force. The International Committee of the Red Cross ("ICRC") is now well along in the process of updating its influential commentaries on the 1949 Geneva Conventions and the 1977 Additional Protocols. To fully implement UNSCR 1325 vis-a-vis IHL, the ICRC should use this opportunity to revise the Commentary …

Persecution And Labor Migrations Due To Corporate “Environmental” Exploitation: Waiting For The Unhrc’S Binding Treaty On Transnational Business Activities?, Riccardo Vecellio Segate

Loyola University Chicago International Law Review

Policy debates on the rights and international status of climate refugees, environmental migrants, or environmentally displaced persons have unleashed detailed scholarly commentaries over the last decade, and virtually all standpoints have been scrutinized in literature already. Nevertheless, one aspect of this debate has gone somewhat off the radar in recent years: the (co-)responsibilities of incorporated subsidiaries of transnational corporations in triggering or exacerbating pseudo-environmentally motivated mass-movements of workers and related strata of the populations domiciled where these corporations operate. Despite such neglect, mentioned exploitative occurrences only increased in recent years, and the trend speaks for their further expansion …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards

Loyola University Chicago International Law Review

The spectrum of misogynistic violence between incels ("involuntary celibates"), non-State armed groups, and armed forces using extreme violence against women is based around the desire to restore "traditional" gender norms of male dominance, maintain systemic inequality between men and women, and often manifest in gender-based hate crimes before escalating into community violence and armed conflict. Governments and policy makers must dismantle structural inequalities and discrimination against women, as well as ensure effective criminal justice responses to gender-based hate crimes and all other forms of violence against women in order to address and prevent violence and armed conflict, as well as …

Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski

Loyola University Chicago International Law Review

Discourse surrounding conflict and terrorism is often confined by gendered binaries which conflate masculinity with violence and femininity with peace and passivity. The social adoption of these archetypes has encouraged policy makers and security officials to paint men as combatants or orchestrators of extremism, while women are thought of as mere collaterals to war. However, the number of women involved in extremist groups is rising both domestically and abroad. As the essentialization of femininity becomes increasingly dangerous, the exigency to reimagine national security initiatives grows. This comment argues that the United States has reached a critical juncture in its counterterrorism …

The Temporality Of Law In Traditional China And Its Contemporary Implications, Tao Wang

Loyola University Chicago International Law Review

Temporality of law is of great significance in traditional Chinese juridicopolitical thought, and its influence plays a crucial role in China's state building and governance. The existing temporal phrases from the West are not sufficient for explaining the symbol-oriented legal system in traditional China. Formalist law overlooks the temporal elements intrinsic to the legal system and results in the failure of governance. This Article applies a historical culture paradigm to analyze the temporality of law in traditional China by using plurality, sociality, and rhetoric as indicators to demonstrate the contestation of temporal categories in penality, socialization of seasonal time, and …

Monasky V. Taglieri: The Supreme Court’S Interpretation Of Habitual Residency And Its Impact On International Child Abduction, Abigail Leann Heeter

Loyola University Chicago International Law Review

The most common form of kidnapping is when a child is taken by a parent from a co-parent. When the kidnapping parent is native to another country, navigating the international family courts can be more than challenging. Because of this, the Hague Convention on the Civil Aspects of International Child Abduction created an order that all signatory countries must return an abducted child to their location of habitual residency. However, the Hague Convention declined to define what habitual residency meant, leaving it up to the determination of the Courts. Recently, the U.S. Supreme Court confronted this issue in the landmark …

The Importance Of Being Earnest: Purpose And Method In Scholarship On International Law, Omri Sender

Case Western Reserve Journal of International Law

No abstract provided.

The Erasure Of Torture In America, Jessica Wolfendale

Case Western Reserve Journal of International Law

No abstract provided.

A Regional Custos Morum? Corporate Liability Under International Law In North America After Nevsun Resources And Nestlé, Caroline Zrinka Dzeba

Case Western Reserve Journal of International Law

No abstract provided.

Hugo Grotius And The Concept Of Grotian Moments In International Law, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

The Peace Corps Is Failing To Keep Volunteers Safe, Marnie Leonard

Human Rights Brief

Nicole Jacobson, an American Peace Corps Volunteer (PCV) in a Zambian village, was “far from home and feeling alone” when the father of the host family that the Peace Corps (“the agency”) placed her with sexually assaulted her. Jacobson reported the assault to Peace Corps staff, who told her it was a cultural misunderstanding and kept Jacobson at the site for more than a year before allowing her to leave in 2018. Unfortunately, Jacobson’s story is not unique. In fact, she is one of many Returned Peace Corps Volunteers (RPCVs) who have come forward in recent years to share stories …

Brazil’S Violence Against Indigenous Peoples, Andre Taylor

Human Rights Brief

Centuries of violence and displacement define the relationship between indigenous peoples and the successive governments of Brazil. As Brazil embarks on a massive expansion of its agribusiness and mining operations, the systemic denial of land rights and illegal economic activity on protected lands has threatened traditional ways of life practiced by indigenous peoples. The most aggressive policy taken by the Brazilian government has involved legitimizing land claims on unregistered ancestral indigenous lands for development, putting 37,800 square miles of territory at risk for exploitation by loggers, ranchers, and farmers.