International Law Commons^™

Despair Amongst Brazil’S Youth: Does The Hague Convention On International Child Abduction Need More Bite?, Ishani Sanyal

Pace International Law Review

For decades, international child abduction by one parent from the legal custody of the other has been a persistent issue which continues to be overlooked by international organizations and countries from around the world. While the Hague Convention on the Civil Aspects of International Child Abduction has helped to initiate certain progress in addressing acts of international child abduction by parents, signatory states including Brazil have failed to enforce rulings and provisions of the convention. This article addresses how the convention does not account for structural inadequacies of Brazilian court systems which prevent thorough enforcement of international custody and visitation …

“Fleeing The Climate: The Need For Protection Of Climate Refugees In The Light Of International Law”, Carina Dietmayer

Pace International Law Review

Climate change, which is already making itself felt, poses challenges for international law and the international community. Climate change and its consequences will lead to (involuntary) human mobility and affect many people. This forced migration is not yet specifically addressed by international law. This article addresses climate-induced migration and the protection of climate refugees through international refugee and migration law, international human rights law, international environmental law, climate change law and international disaster law. It analyzes how and, above all, why climate refugees are protected. The core thesis of the article is the justification of a need for protection of …

Conserving Conservation Servitudes: The Role Of The Prior Public Use Doctrine In Protecting Privately Conserved Land In The United States And Australia, Olivia Clausen

Pace International Law Review

Both the United States and Australia would benefit from more conservation of private land, and conservation servitudes can help both countries achieve this. However, in the United States and Australia, the power of eminent domain is a threat to the perpetuity of conservation servitudes. The prior public use doctrine, a common law doctrine in the United States arising out of the public trust doctrine, could limit eminent domain in these cases and provide protection to conservation servitudes. This doctrine states that land devoted to one public use (such as conservation) may not be condemned for another inconsistent public use unless …

Rightly Dividing Jus Ad Bellum And Jus In Bello In The Israel/Hamas War, Jeffrey F. Addicott

Pace International Law Review

No abstract provided.

Remembering Eric E. Bergsten, Jay Carlisle

Pace International Law Review

No abstract provided.

Memories Of Dr. Eric Bergsten From The 2004 International Program, Christopher Boies

Pace International Law Review

No abstract provided.

Tribute To Eric Bergsten From Louise Barrington, Chair, Vis East Moot Foundation, Louise Barrington

Pace International Law Review

No abstract provided.

Weaponization Of Taxation: Sovereign Tax Immunity As A National Security Tool, Vinita R. Singh

BYU Law Review

Amidst calls to reconceptualize taxation as a national security tool, legislators are reexamining how the United States taxes foreign governments. Federal income taxation of foreign governments—what this Article terms “the law of immunity from taxation” or “sovereign tax immunity”—strongly influences whether and how foreign governments pursue investment in the United States. This impact on international business transactions indicates sovereign tax immunity has the potential to be a powerful national security tool. Yet, despite its import, the law of immunity from taxation has been underexplored and undertheorized. This Article steps into this gap in discourse by challenging the way recent legislative …

Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations, Christina Frohock

Articles

No abstract provided.

Julien Grisonas Family V. Argentina, Kamila Knaudt

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance and murder of a Uruguayan artist and member of the Party for the Victory of the People and his wife by Argentina within the framework of Operation Condor. The case was brought by their children, who had been separated from their parents when they were taken and given up for adoption in Chile. Eventually, the Court found Argentina in violation of several articles of the American Convention but did not find a violation of the Inter-American Convention on Forced Disappearance of Persons.

Standing Before The Icj: A Novel Framework For Erga Omnes Partes, Elson Law

Loyola of Los Angeles International and Comparative Law Review

This paper explores the concept of legal standing before the International Court of Justice (“ICJ” or “the Court”) in contentious cases and the legal theories that states may invoke to establish their entitlement to submit claims relating to specific subject matters. The concept of standing in international law requires a party to demonstrate a sufficient legal interest in the subject matter of their case. Three primary theories potentially provide such an interest for states parties to multilateral treaties: legal injury from the respondent state’s violation of an obligation owed to the applicant state, obligations erga omnes partes created by the …

Economic Sanctions In International Arbitration Proceedings, Admir Muratović

Loyola of Los Angeles International and Comparative Law Review

The world is witnessing the imposition of new economic sanctions on an every-day basis. After the Russian annexation of the Crimean Peninsula in 2014, and in particular with the invasion of Ukraine in February 2022, the issue of economic sanctions received an upsurge of public scrutiny. Russian investors and companies, a number of which are facing economic sanctions, do substantial businesses in States that imposed sanctions targeting them. At the same time, Russian entities have established business relationships with corporations originating in such States. On the other hand, after the Crimea annexation, Russia adopted certain measures to counter the effect …

Movilla Galarcio Et. Al. V. Colombia, Katrina Karaguzian

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance of a trade unionist and political militant in Colombia. Colombia partially admitted responsibility. The Court found Colombia in violation of several articles of the American Convention and of the Inter-American Convention on Forced Disappearance of Persons.

García Rodríguez Et Al. V. México, Madeline Prokop

Loyola of Los Angeles International and Comparative Law Review

This case is about the arrest, prosecution, conviction and detention of two suspects of the murder of the mayor of a Mexican municipality. The Court found Mexico in violation of several articles of the American Convention and of the Inter-American Convention to Prevent and Punish Torture.

Maidanik Et Al. V. Uruguay, David Randall

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance and murder of five individuals during the military dictatorship in Uruguay (1973-1985). Eventually, the Court found Uruguay in violation of several articles of the American Convention and of the Inter-American Convention on Forced Disappearance of Persons.

The Enduring Value Of Copyright Harmonization, Stefania Fusco

Villanova Law Review (1956 - )

No abstract provided.

Function Over Form: Why Wipo's Procedural Treaties Are Not Enough, Cassidy Serger

University of Cincinnati Law Review

No abstract provided.

Chad Dobson Reflects On The Launch Of The World Bank Reform Campaign, Chad Dobson, Julie Radomski

Perspectives

Chad Dobson is the founder of the Bank Information Center (BIC) and led BIC from 1987 to 1997 and 2007 to 2016. He is widely accredited with developing the global campaign strategies for environmental and social reforms of multilateral development banks (MDB). In this interview, he recounts the early days of BIC and the development of the global campaign.

The Challenges Of International Maritime Treaty Enforcement: Examining Outcomes Of The South Sea And Red Sea Dispute, Sofia Roshan Hope Gellada

Senior Theses

The challenges of enforcing international treaty obligations are explored through the lens of the United Nations Convention on the Law of the Sea (UNCLOS) and its newly introduced addendum, the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. Through a detailed analysis of two case studies—the South China Sea Dispute and the Red Sea Dispute—this paper highlights the significant obstacles to treaty enforcement, particularly in contexts of power imbalances. Both disputes, arbitrated by the Permanent Court of Arbitration, reveal a troubling pattern of non-compliance by stronger states, such as China and Eritrea, despite legally binding rulings. These findings underscore the limitations of …

Beyond Precedent: Sexual Violence As An Act Of Genocide In The International Criminal Tribunal For Rwanda, Ciara Kilroy

Peace and Conflict Studies

Wartime sexual violence (WSV) has been a characteristic of violent conflict throughout recorded history, yet has failed to illicit the same international attention and condemnation as other war crimes. WSV has also been a particularly pervasive method of destruction during genocide, in which women make up the majority of victims and are targeted for both their gender and group membership. However, sexual violence is not enumerated as a crime of genocide in the 1948 Genocide Convention. Despite its absence from the formal genocide convention, legal institutions have still attempted to hold perpetrators responsible for sexual violence during genocide. This paper …

International Law, Adam Chilton, Weijia Rao

Faculty Scholarship

International law has, historically, been best understood as a body of principles and rules that govern the interactions between sovereign states and regulate how sovereign states can behave outside their borders. Over time, international law has evolved to regulate a broader range of subjects than just exterritorial activities—including the treatment of citizens or migrants within a country’s borders—and to regulate a greater range of actors than just sovereign states—including private individuals, corporations, and other nonstate actors. This body of principles and rules comes from several sources, including treaties and conventions, customary international law, judicial opinions, and academic articles and treatises …

Tracing The Truth: The Case For The United States To Adopt Eu-Style Supply Chain Transparency In Global High-Risk Industries, Daniel Assor

University of Miami International and Comparative Law Review

Have you ever looked in your closet and wondered where your clothing came from? Or stared into the black mirror of your phone and questioned how it was made? Certainly, you know where you bought it, but are you sure of where it was before then? Unless you sew your own clothes or communicate by carrier pigeon, these questions may not have crossed your mind. However, I urge everyone to look around their home—you will find objects with questionable origins. This shift has brought increased focus to supply chains, elevating transparency as a critical element of corporate environmental, social, and …

The Criminal Responsibility Of Russia For War Crimes In The Russo-Ukrainian War, Nicolas R. Obabko

Honors Capstones

This Honors Capstone Thesis serves as an independent research study to verify the authenticity of allegations of Russian war crimes and violations of international humanitarian and criminal law in Russian conduct during the Russo-Ukrainian War. This research study primarily focuses on Russian war crimes and violations of international law that occurred after the beginning of the full-scale war on February 24, 2022, while acknowledging that allegations of similar violations have been occurring since 2014. This Honors Capstone Thesis uses international law sources such as the Geneva Conventions and the Convention on the Prevention and Punishment of the Crime of Genocide …

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Law School News: Coming Full Circle: A Career With The Hague 12-3-2025, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Beyond Judicial Dialogue: Reference To Domestic Law By The Inter–American Court Of Human Rights, Soledad Bertelsen

University of Miami Inter-American Law Review

The recent freeze of U.S. funding to the Inter–American Commission on Human Rights serves as a reminder of how fragile the Inter–American System of Human Rights truly is. The effectiveness of the Inter–American institutions largely depends on their legitimacy in the eyes of the member states. This article argues how the legitimacy of the Inter–American Court can be enhanced by the language used in its judgments. The paper focuses on how references to domestic law in the case–law of the Inter–American Court can persuade states to comply with its decisions. Citations transcend the much–discussed judicial dialogue since they also reference …