International Law Commons^™

The Protection Of Unaccompanied Migrant Minors Under International Human Rights Law: Revisiting Old Concepts And Confronting New Challenges In Modern Migrant Flows, Eirini Papoutsi

American University International Law Review

No abstract provided.

Has President Trump Committed A War Crime By Pardoning War Criminals?, Stuart Ford

American University International Law Review

No abstract provided.

The Cost Of Ensuring Privacy: How The General Data Protection Regulation Acts As A Barrier To Trade In Violation Of Articles Xvi And Xvii Of The General Agreement On Trade In Services, Elisabeth Meddin

American University International Law Review

No abstract provided.

International Financial Institutions And Their Human Rights Silent Agenda: A Forward-Looking View On The “Protect, Respect And Remedy” Model In Development Finance, Antonio Morelli

American University International Law Review

No abstract provided.

From The Editor, Anushri Mehta

UC Law SF International Law Review

No abstract provided.

Reinvigorating The Human Right To Technology, Haochen Sun

Michigan Journal of International Law

The right to technology is a forgotten human right. Dating back to 1948, the right was established by the Universal Declaration of Human Rights (“UDHR”) in response to the massive destruction wrought by technologically advanced weapons in the Second World War. This human right embodies one of the most profound lessons the framers of the UDHR learned from this war: Technology must benefit humanity rather than harm it.

It has been more than seventy years since the adoption of the UDHR, and technology has advanced at a rapid pace and become more important than ever in our daily lives. Yet …

The Need For Thailand To Accede To Conventions On Statelessness, Pattranan Ruamsuk

Maurer Theses and Dissertations

‘Statelessness’ is a global phenomenon that refers to the lack of nationality of an individual. Although the issue of statelessness can be understood as the lack of nationality or the protections based on nationality, the solutions can be complicated because they interfere with the sovereign power of the state. Thailand is home to one of the largest stateless populations in the world. It has been working on solving the problem of statelessness with the help of international organizations, such as the United Nations and the Adventists Development and Relief Agency. However, despite the positive developments in Thailand, there are still …

State Liability For A Mishandled Response: Strategic Remedies On The Heels Of Covid-19, Captain Matthew H. Ormsbee Usaf

Marquette Law Review

In early 2020, as the novel coronavirus (COVID-19) shocked many health experts and world leaders with its ease of transmission and slow but unyielding spread from Wuhan, China, the initial state response centered on how to contain an epidemic and help those who are infected. Many months later, as some states enjoy a flattened curve following austere social distancing measures, many states may turn their attention from health response to legal response for China’s initial mishandling of the COVID-19 outbreak. China is certainly not alone in implementing containment measures that were not maximally prompt or effective. Still, China occupies a …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Copyright Exceptions Across Borders: Implementing The Marrakesh Treaty, Laurence R. Helfer, Molly K. Land, Ruth L. Okediji

Faculty Scholarship

This article reviews state ratification and implementation of the Marrakesh Treaty since its conclusion in 2013. We find that most states have adhered closely to the Treaty’s text, thus creating a de facto global template of exceptions and limitations that has increasingly enabled individuals with print disabilities, libraries and schools to create accessible format copies and share them across borders. The article argues that the Marrakesh Treaty’s core innovation—mandatory exceptions to copyright to promote public welfare—together with consultations with a diverse range of stakeholders, may offer a model for harmonising human rights and IP in other contexts.

King Leopold's Bonds And The Odious Debts Mystery, Joseph Blocher, Mitu Gulati, Kim Oosterlinck

Faculty Scholarship

In 1898, in the wake of the Spanish-American war, Spain ceded the colony of Cuba to the United States. In keeping with the law of state succession, the Spanish demanded that the U.S. also take on Spanish debts that had been backed by Cuban revenues. The Americans refused, arguing that some of those debts had been utilized for purposes adverse to the interests of the Cuban people. This, some argue, was the birth of the doctrine of “odious debts”; a doctrine providing that debts incurred by a non-representative government and utilized for purposes adverse to the population do not need …

Never Waste A Crisis: Anticorruption Reforms In South America, Rachel Brewster, Andres Ortiz

Faculty Scholarship

In the midst of dramatic corruption scandals, South American countries have passed some of the most noteworthy anticorruption legislation in the region’s history. This Article examines the wave of anticorruption reforms and how international law, and in particular anticorruption treaties, has had an important influence on the content of these reforms. Specifically, this Article argues that that the OECD Anti-Bribery Working Group has acted as a political entrepreneur, advocating for specific and meaningful reforms. The influence of international law was critical in ensuring that the reforms adopted during these corruption scandals were robust and that the opportunity presented by these …

The Failed Transparency Regime For Executive Agreements: An Empirical And Normative Analysis, Oona A. Hathaway, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

The Constitution specifies only one process for making international agreements. Article II states that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” The treaty process has long been on a path to obsolescence, however, with fewer and fewer treaties being made in each presidential administration. Nevertheless, the United States has not stopped making international agreements. Even as Article II treaties have come to a near halt, the United States has concluded hundreds of binding international agreements each year. These agreements, known as …

Bigtech, Stabletech, And Libra Coin - New Dawn, New Challenges, New Solutions, G. A. Walker

The International Lawyer

No abstract provided.

Ranking For Good?: A Comparative Assessment Of The Performance Of French Corporations In Human Rights Rankings

The International Lawyer

In recent years, greater attention has been given to developing metrics that measure more than a country’s gross domestic product (GDP). Similarly, greater consideration has been given to more than just the financial performance of commercial enterprises; corporations are now expected to conduct business in ways that are responsible and sustainable, giving attention to a triple bottom line where the planet and people are prioritized along with profits. Taking French government policy and the performance of French multinational corporations as a case in point, this article explores the ways in which emerging indicators and instruments on business and human rights …

The Morals Of The Women On Boards Story: Global Board Gender Diversity Efforts Still Need Fairness-Based Arguments To Move Regulation To The Next Chapter

The International Lawyer

The number of women on boards of public companies in the United States and Canada is still staggeringly low despite the fact that both of these jurisdictions have implemented disclosure-based regulation relating to board diversity. Typically, arguments in support of regulation aimed at increasing women's participation on public boards fall into two categories: the business case and the fairness-based (or normative) case. The business case is essentially the idea that women bring some instrumental benefit to the board which leads to improvements in firm functioning or performance overall. While politically attractive, the business case for justifying regulation has yet to …

Sovereign Exception No More: The Impact Of Israel's Potential Annexation Of The Jordan River Valley On Israel's Obligations Under The International Covenant On Civil And Political Rights, Dana Busgang

American University Law Review

On July 1, 2020, the international community released a collective breath as embattled Israeli Prime Minister Benjamin Netanyahu announced a temporary halt to his election promise to formally annex (or, in his words, apply sovereignty to) the occupied Jordan River Valley. Just forty-three days later, a victorious Netanyahu announced that as part of a peace accord with the United Arab Emirates, he agreed to drop his annexation plans. While Israel’s flirtation with official annexation appears to be over for the moment, the momentum gained over the last two years is unlikely to disappear. Further, many, including Palestinians, argue that Israel’s …

The Urbanization Of International Law And International Relations: The Rising Soft Power Of Cities In Global Governance, Chrystie Swiney

Michigan Journal of International Law

This article examines the rising influence of cities in global governance and on international law, despite the existing international legal and political framework, which is designed to exclude them. It explores the various strategies and tools utilized by city leaders to leapfrog over their national counterparts in order to autonomously access the international policymaking and law-making world. These include (1) coalescing together to form large networks, which engage in city or “glocal” diplomacy; (2) allying with well-connected and well-resourced international organizations; (3) gaining inclusion in UN multilateral agendas; (4) mirroring state-based coalitions and their high-profile events; (5) harnessing the language …

The Possibility Of Prosecuting Corporations For Climate Crimes Before The International Criminal Court: All Roads Lead To The Rome Statute?, Donna Minha

Michigan Journal of International Law

Due to rapid developments in climate science, scientists are now able to quantifiably link significant greenhouse gas emissions caused by major oil and gas corporations to specific climate impacts. These scientific advances have been accompanied by the publication of documents and studies suggesting that the oil and gas industry allegedly had knowledge of climate change as early as sixty years ago, and yet it actively worked to promote climate change denial and to delay governmental regulation on this matter. Though climate-related litigation is proceeding against the industry in different jurisdictions, proceedings brought against oil and gas corporations mainly focus on …

Curbing (Or Not) Foreign Influence On U.S. Politics And Policies Through The Federal Taxation Of Charities, Johnny Rex Buckles

Maryland Law Review

No abstract provided.

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

The Space Between Grand Optimism And Grim Determination: Finding A Pathway Forward In International Climate Change Law, Cinnamon P. Carlane

Loyola University Chicago International Law Review

No abstract provided.

Rethinking The Role Of Nonstate Actors In International Climate Governance, Jason Maclean

Loyola University Chicago International Law Review

No abstract provided.

Study On Legal Systems For Transboundary Ccs Implementation And Transboundary Environmental Liability Regarding Ccs, Moonsook Park

Loyola University Chicago International Law Review

No abstract provided.

What Is A "Grave" International Crime? The Rome Statute, Durkheim And The Sociology Of Ruling Outrages, Nikolas M. Rajkovic

Loyola University Chicago International Law Review

No abstract provided.

The Kimberley Process' Legacy: How The 2000 Certification Process For Conflict-Free Diamonds Can Help Solve Contemporary Human Rights Violations Within The Cobalt & Coltan Mining Industries, Claire Henleben

Loyola University Chicago International Law Review

No abstract provided.

The Future Of Cryptocurrency: An Unregulated Instrument In An Increasingly Regulated Global Economy, D. Towne Morton

Loyola University Chicago International Law Review

No abstract provided.

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Protection Of Religious And Ethnic Minorities Before The Genocide Convention, Mustafa Aijazuddin

Loyola University Chicago International Law Review

No abstract provided.