International Law Commons^™

South Asia/Oceania & India, Namrata P. Rastogi, Aseem Chawla, Soniya Dodeja, Sanjay Notani, Naghm Ghei, Amit Gupta, Vidhi Goel, Hari Sankar Mahapatra, Katherine Maddox Davis, Alisa Rukbankerd

The Year in Review

No abstract provided.

China, Yanling Zheng

The Year in Review

No abstract provided.

Mexico, Kelsey Quigley, Josè Luis Lizárraga, John Walsh, Danielle Morris, Maria Camila Hoyos, David Ross, Lauren Mandell, Noah Guiney, Carlo Cannizzo, Enrique García, Vanessa Romero

The Year in Review

No abstract provided.

Canada, Jacob Mantle, Danny Yeo, Peter Jarosz, Tayler Farrell, Gannon Beaulne, Megan Steeves, Adam Mauntah, Salma Kebeich

The Year in Review

No abstract provided.

International Legal Developments Year In Review: 2021, Jason S. Palmer, Kimberly Y. W. Holst

The Year in Review

No abstract provided.

Front Matter

The Year in Review

No abstract provided.

Navigating The Eu’S Corporate Sustainability Due Diligence Directive: Strategic Implications For Us Companies, Silvia Ciacchi, Michael Faure, Sharon Oded

Michigan Business & Entrepreneurial Law Review

The European Union’s (“EU”) Corporate Sustainability Due Diligence Directive (“CSDDD” or the “Directive”) introduces new human rights and environmental obligations that reshape global corporate governance. This paper explores its impact on US companies, with a particular focus on compliance strategies under both direct and indirect applicability. It contrasts tactical compliance, which emphasizes risk mitigation while meeting minimum legal requirements, against strategic compliance, where companies use sustainability to gain a competitive edge in the market.

This paper highlights how varying enforcement levels across EU Member States may incentivize companies to “forum shop” or choose jurisdictions with more relaxed enforcement. It also …

International Law And Power Politics: On Koskenniemi's Perceptions Of Justice, Monica Hakimi

Faculty Scholarship

Martti Koskenniemi wrote ‘Perceptions of Justice’ against the backdrop of the 2003 Iraq War. The piece draws a stark distinction between American and European conceptions of justice – and approaches to international law. Over twenty years later, his distinction might still (or again) resonate. This retrospective analyses it in light of his other work and more contemporary events, arguing that it is a mix of misguided and confused. The United States and Europe have for decades, if not centuries, been profoundly entwined; each has significantly shaped and been shaped by its relationship with the other. The urgent question now is …

Decolonial Human Rights Practice: Tactics, Obstacles, And Futures, Sarah Knuckey, Anjli Parrin, Gulika Reddy

Faculty Books

Human rights advocacy takes place within a deeply unequal world. As activists seek to protect rights, they struggle against the global economic and political power imbalances that drive violations. Movements for human rights are engaged in an internal struggle as well: against a human rights ecosystem that has long favored Global North organizations at the expense of civil society in the Global South. Decolonial Human Rights Practice: Tactics, Obstacles, and Futures explores the ongoing struggle of human rights organizations to confront and dismantle the coloniality of human rights advocacy.

Through a granular study of everyday advocacy practice which builds upon …

The Normative Status Of States' Obligations To Mitigate The Climate Crisis: Implications For The Right To Adequate Housing, Erna Dyah Kusumawati, Sasmini Sasmini

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The convergence of the global climate crisis, pursuant to the UNFCCC Paris Agreement and its implementing protocols as well as the fundamental right to housing has fundamentally disrupted established legal paradigms, necessitating a rigorous re-examination of the normative status of state obligations. This paper examines the scope of governmental responsibility to mitigate climate-induced threats to housing security. Drawing upon international human rights frameworks and contemporary legal discourse, the study interrogates the complex friction emerging at the intersection of environmental mandates and housing protections. Through a systematic analysis of the existing literature and recent developments in the international climate change framework, …

Territorial Representation In Fiscal Governance: A Comparative Constitutional Analysis Of Indonesia's Regional Representative Council And South Africa's National Council Of Provinces, Endah Yuniningsih, Deden Rafi Syafiq Rabbani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article examines the institutional role of territorial chambers in fiscal governance through a comparative constitutional analysis of Indonesia's Regional Representative Council (DPD) and South Africa's National Council of Provinces (NCOP). While the DPD was established to strengthen regional representation following Indonesia's decentralization reforms, its legislative role in fiscal policymaking remains institutionally constrained. Existing scholarship has primarily focused on the DPD's constitutional status in debates on bicameralism, with comparatively little attention to how constitutional design shapes the role of territorial chambers in fiscal governance and intergovernmental fiscal relations. Using a normative legal research method that combines statutory, conceptual, and comparative …

Geoengineering And Criminal Liability Comparative Lessons For Penal Reform, Zico Junius Fernando, Deviana Yuanitasari, Chairul Huda, Muhammad Yamani, Arimbi Fajari Furqon

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Geoengineering has emerged as a controversial climate technology involving large-scale interventions such as cloud seeding, weather modification, and unregulated carbon capture. While these practices are promoted as solutions to climate change, they also generate significant ecological risks that remain largely unaddressed within criminal law frameworks. This article examines the absence of explicit criminal liability for geoengineering-related harms and explores how comparative legal experiences can inform future penal reform. This research uses normative research methods with several approaches, including comparative, conceptual, and futuristic approaches. The collected legal materials are analysed qualitatively, and content analysis is employed to classify and interpret relevant …

The Expansive Power Of The House Of Representatives As A Precondition For Constitutional Rot, Isnawati Isnawati, Adam Setiawan

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study examines how the expansive powers of the Indonesian House of Representatives have contributed to constitutional rot because those powers no longer operate effectively or proportionately. It identifies dysfunction in the House of Representatives through weak legislative performance, inadequate oversight of the executive branch, and transactional political practices in appointment processes. Using a doctrinal legal method and contemporary constitutional theory as its analytical framework, this study argues that the expansive powers of the House of Representatives constitute a precondition for constitutional rot, evidenced by the poor exercise of legislative authority and institutional intervention through amendments to the Rules of …

Reconstructing Legal Certainty In Legacy Oil Well Management: A Systemic Model For Resource Governance, Azhar Azhar, Bagaskara Sagita Wijaya, Siti Darwinda Mohamed Pero, Cynthia Azhara Putri

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Legacy oil wells present persistent legal and institutional challenges in resource-dependent regions, where ageing infrastructure, informal extraction, environmental risk, and fragmented public authority intersect. This article examines how legal certainty is weakened in the management of legacy oil wells and how it may be reconstructed through a systemic model for resource governance. Using interdisciplinary socio-legal research, the study combines doctrinal legal analysis of Indonesia's oil and gas regulatory framework with qualitative field insights from Musi Banyuasin, a subnational setting in which formally recognised legacy wells coexist with community-operated wells. The analysis shows that legal uncertainty does not arise merely from …

Bank Indonesia's Floating Rate Notes (Bi-Frn) And Federal Reserve Instruments: A Comparative Analysis From An Institutional-Legal Perspective, Abdul Madjid Podungge

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This paper analyses the legal validity of Bank Indonesia's Floating Rate Notes (BI-FRN) following the Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) from a public law viewpoint. Doctrinal legal research utilises statutory, conceptual, and comparative methodologies, augmented by literature network visualisation, to pinpoint structural deficiencies. The network analysis reveals a significant divide between technical financial transactions and administrative legal oversight. The findings indicate that Article 11 of the P2SK Law enforces a stringent priority clause that centres monetary policy solely on Rupiah stability. This legal barrier prohibits abuse of power by …

Arming The Conflict: United States’ Complicity In Mexico’S War On Drugs, Jesus Oliveros

Pace International Law Review

Mexico’s ongoing human rights crisis during the war on drugs has been driven not only by domestic factors, such as political corruption and organized crime, but also by decades of United States (U.S.) policy and strategy. The U.S. has played a central role in shaping the policy framework governing the drug war, often unilaterally, while overlooking significant drivers of the crisis within its own control. Through sustained support for militarized strategies and permissive domestic firearm regulations, the U.S. has exercised significant influence over the conditions under which violence and human rights abuses have proliferated in Mexico. Against this backdrop, this …

Non-State Actors And The Due Diligence Obligation To Protect Healthcare Facilities In Cyberspace: Is The World Prepared For The Next Pandemic?, Dr. Ardit Memeti

Pace International Law Review

This article presents a novel approach by developing a lex specialis due diligence framework based on the elements identified in the ICJ Advisory Opinion on Climate Change, which by analogy, establishes sector-specific elements to protect healthcare facilities from cyberattacks by Non-State Actors (NSAs). Cyberattacks by NSAs during the COVID-19 pandemic exposed the risks, including the disruption of essential healthcare services and hindrance of positive obligations to ensure the rights to health, life, and privacy, among others. Existing instruments, including the Budapest Convention, the Tallinn Manuals, and the Oxford Statements, offer an important but incomplete framework. Meanwhile, the recent UN Convention …

Do The Members Of The Un Security Council Have An Absolute Right To Veto A Un Security Council Resolution?, Asif H. Qureshi

Pace International Law Review

The focus of this article is the exercise of the UN Security Council “veto.” This is done through an examination of the question whether members of the UN Security Council have an absolute right to veto? The author comes to this query against the background of different arguments that have been proffered thus far in the recent contemporary discourse on the issue and then presenting the author’s findings on this, including suggesting a strategic way of uncovering an authoritative answer to this vexed question that has thwarted the work of the UN Security Council in times of international crisis.

Manual Alignment—A Comparison Of The Law Of Armed Conflict Manuals Of The United States And Its Allies: How Reading Manuals Helps Military Lawyers Speak The Same Language When Planning Combined Operations, Jacob M. Fisch

Pace International Law Review

This article helps military lawyers work with allies.  By comparing the Law of Armed Conflict (LOAC) Manuals printed by the United States, the United Kingdom, France, Germany, and Australia, this article identifies consequential differences in the interpretation of LOAC between these five countries.  The article discusses four such differences: definitions of foundational principles, incursion into a neutral or nonparticipating State during a conflict, the role of doubt in making targeting decisions, and the degree of protection accorded to the environment from the effects of attacks.  While these differences point to possible challenges for cooperation between the United States and its …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

The Gleneagles Communique Climate Change, Energy And Sustainable Development

Law and Business Review of the Americas

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Introduction To The Oral History Project Of The World Trading System: The Story Of John H. Jackson And His Unique Role, Jennifer A. Hillman

The Oral History Project of the World Trading System

Georgetown Law has been fortunate to have so many pathbreaking professors teaching, researching, and writing here. For those in the international trade arena, none stands taller than Professor John H. Jackson, who came to Georgetown in 1998 after a storied teaching career at the University of Michigan and immediately set to work with his singular ability to bring together scholars, students, government officials, and practitioners to examine the trade challenges of the day from every angle—always looking to develop innovative ideas and practical solutions.

Immediately upon arrival at Georgetown, Professor Jackson created the Institute of International Economic Law (IIEL)—one of …

Postcolonial Private Law, Debadatta Bose

Brooklyn Law Review

This Article provides the missing normative foundation by linking dynamic due process and rigorous rational basis to deliberative democracy. Rigorous rational basis, in essence, requires that majorities offer what deliberative democracy calls publicly accessible reasons—those capable of engaging fellow citizens across lines of difference—for restrictions on liberties. Courts, from this perspective, legitimately referee inevitable democratic conflicts in our pluralistic society. A Court that helps restore reasoned and productive politics cannot come soon enough.

Commercial Space Mining: From Competitive Secrecy To Transparency, Sustainability, And Governance Challenges In The New Race For Extraterrestrial Resources, Frányerson R. López Ochoa

Discovery Day - Daytona Beach

Commercial space mining is becoming integral to the space economy, driven by the need for resources such as water, metals, and platinum-group metals (PGMs) from asteroids and the Moon. It should be noted that these resources have the potential to support long-duration space missions through in-situ resource utilization (ISRU) and Earth-based economic activities. Companies such as AstroForge and TransAstra are leading this transition, from government-led exploration to commercial activity. The paper examines the environmental, technological, and legal implications of asteroid mining, using these companies as case studies. While AstroForge has progressed to in-space demonstrations with its Odin spacecraft in 2025 …

Recommendations For An International Regulatory Regime For Commercial Space, Margaret O'Brien

Discovery Day - Daytona Beach

The rapid advancement of space technologies in both governmental and private sectors presents a significant challenge for existing space law frameworks. Emerging activities such as space mining are gaining international attention, yet lawmakers struggle to craft regulations for an industry that is still in development. Innovators and investors often hesitate to assume risk in the absence of clear international guidelines. This research explores the complex legal and policy considerations surrounding space resource utilization, including the lack of consensus with existing treaties, the unpredictability of potential hazards, and the widening technological gap between industrialized and developing nations. Historical frameworks, such as …