International Law Commons^™

Sdilj V. 26-2 Masthead

San Diego International Law Journal

No abstract provided.

Labor Rights Under The Usmca: Progress, Shortcomings, And The Road Ahead, Ruby Carlon

San Diego International Law Journal

The United States-Mexico-Canada Agreement (USMCA) introduced the Rapid Response Labor Mechanism (RRLM) to strengthen labor rights enforcement in North American trade. While the mechanism marks a significant departure from NAFTA’s weaker labor provisions, its implementation has revealed systemic shortcomings. The RRLM relies on voluntary compliance, lacks binding remediation requirements, and has an underutilized panel review process, limiting its effectiveness. Economic asymmetry between the United States and Mexico further complicates enforcement, as Mexico bears a disproportionate burden despite having fewer resources to uphold labor standards. Additionally, corporate accountability remains elusive, with companies facing no direct obligations to integrate USMCA labor commitments …

Breaking The Vial: Leveraging North American Regulatory Models And Market Practices To Reform Insulin Pricing In The United States, Chloe Mietzel

San Diego International Law Journal

The high cost of insulin in the United States is driven by restrictive patent protections, trade secret barriers, regulatory inefficiencies, and anticompetitive practices that limit biosimilar competition. While Canada and Mexico have adopted policies that facilitate market entry and government price negotiations, the United States remains constrained by a regulatory framework that prioritizes exclusivity over affordability. Incremental reforms—such as limiting patent extensions, expediting biosimilar approval, increasing pricing transparency, and strengthening antitrust enforcement —could significantly lower costs and expand access. Previous legislative efforts, including the Inflation Reduction Act, have taken steps toward reform, but broader regulatory restructuring is necessary to ensure …

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …

Irreparable Harm: How The United States Fails To Remedy Unjust Deportations, Joe Colley

Georgia Journal of International & Comparative Law

When the United States wrongfully deports individuals, the harm is often irreversible. This piece explores the systemic gaps that leave those unjustly deported without meaningful remedies or recourse.

Peach State To Global Debate: Election Technology And Voter Faith, Laura Starling

Georgia Journal of International & Comparative Law

The Coffee County voting data breach highlights vulnerabilities in U.S. election technology—prompting a comparison with global voting systems to identify best practices for restoring public trust in democratic processes.

K-Popopoly: Navigating Antitrust Terrain In South Korea’S Music Markets, Elise Joffe

Georgia Journal of International & Comparative Law

South Korea’s unique blend of Chaebol dominance and a booming K-Pop industry contrasts sharply with U.S. antitrust norms, raising key questions about how competition law adapts across cultures.

Child Rights: Bangladesh’S Obligations Under The Worst Forms Of Child Labor And Minimum Age Conventions, Ella Jones

Georgia Journal of International & Comparative Law

Despite international prohibitions, millions of children in Bangladesh endure exploitative labor in violation of ILO conventions, highlighting the country’s enforcement failures and urgent need for reform.

Will Green Mean “Stop”? Exploring How Combatting The Climate Crisis Impacts On Wto Relevance, Sean Stacy

Georgia Journal of International & Comparative Law

The WTO faces a legitimacy crisis as climate change demands leadership it may be structurally unfit to provide, raising doubts about its future role in global governance.

The Local Impact Of The International Standardization Of Transitional Justice: Lessons From The Ugandan Case, Thomas Hansen

Georgia Journal of International & Comparative Law

This Article examines how international transitional justice (TJ) standardization has influenced Uganda's TJ processes, exploring stakeholder perceptions, local implementation, and its implications for academics, policymakers, and practitioners.

Countries As Laboratories: Reflections On Sierra Leone’S Amended Anti-Human Trafficking Law, Andrea Dennis

Georgia Journal of International & Comparative Law

Sierra Leone’s improved anti-trafficking laws align with global norms, but enforcement remains weak due to socio-economic realities and Western deterrence mismatches, limiting effective prosecution despite recent legislative reforms.

Nourishing The Living Tree: Vincent Macdonald And His Constitutional Thought, Preston Jordan Lim

Faculty Publications

Since the enactment of the Canadian Charter of Rights and Freedoms, Canadian judges have increasingly approached the Constitution through a living constitutionalist lens, adapting the Constitution to contemporary realities and treating the text as but one interpretive modality alongside purpose and context. The Supreme Court has rooted this living constitutionalism in the Judicial Committee of the Privy Council’s judgment, Edwards v Attorney General of Canada, wherein Lord Sankey introduced the metaphor of the “living tree.” Justice Robert Sharpe and Professor Patricia McMahon have suggested that the “living tree metaphor remained a forgotten footnote until 1982.” Indeed, more formalist approaches towards …

Mixed Review Of Constitutional Rights In Cuba, Ngoc Son Bui

Northwestern Journal of Human Rights

Cuba’s 2019 Constitution and the 2022 Law on the Process of Protection of Constitutional Rights create a mixed model of review. Accordingly, the legislature and the executive review the constitutionality of legislation and regulations, while the courts review the constitutionality of state actions. Synthesizing comparative constitutional law and new institutionalism in political science, this article argues that the mixed constitutional review in Cuba is shaped by different historical influences; competing socialist and liberal ideas and discourse; competing political interests; and competing socialist and universal values. The Cuba experience presents a new hope for other socialist countries like China and Vietnam …

A History Of Post-Roe America And Canada: From Intertwined Abortion Battles To Dobbs, Mugambi Jouet

Northwestern Journal of Human Rights

The changing landscape on abortion following Dobbs has not only sparked a vigorous debate in the United States, but also abroad. Its recriminalization in America led to an outcry in peer Western democracies, whose leaders widely condemned the U.S. Supreme Court’s decision. Yet the social and historical reasons for this international divide are poorly understood.

This Article sheds light on the question through an in-depth comparison of America and Canada from Roe to Dobbs, as the neighboring nations’ abortion histories have been intertwined in intriguing and overlooked ways. When the U.S. Supreme Court decided Roe v. Wade in 1973, …

Re-Envisioning Nuclear Deterrence, Raul (Pete) Pedrozo

International Law Studies

This article examines whether the U.S. nuclear umbrella provided to allies is currently viable and whether it is time for the United States to share nuclear weapons technology with its allies in the Asia-Pacific to counter the growing nuclear threat posed by China, North Korea, and Russia. The article discusses the current capabilities and nuclear doctrine of States possessing nuclear weapons, as well as Iran’s nascent nuclear weapons program. It then discusses the current international law and regulatory regime applicable to nuclear weapons. It analyzes the threats posed by China’s and Russia’s nuclear capabilities, and how they affect U.S. nuclear …

The Play’S The Thing: Hamlet And The Rule Of Law, Aaron Graham Sr.

Ohio Northern University International Law Journal

No abstract provided.

Are All Criminals The Same? The ‘Ndrangheta & The Penitentiary Law System, Andrea Miceli

Ohio Northern University International Law Journal

No abstract provided.

Striking A Balance: Teachers’ Strikes In Guyana And The United States, Camilla Leonard, Claire O'Brien

Ohio Northern University International Law Journal

No abstract provided.

The Housing Crisis In The Republic Of Ireland With A Comparison To Spain’S Housing Crisis, Claire O'Brien

Ohio Northern University International Law Journal

No abstract provided.

Oil Exploration In Guyana And Its Impact: A Closer Look At The Labor Sector & The Environmental Policies, Camilla Leonard

Ohio Northern University International Law Journal

No abstract provided.

Why Legalism Failed, Aaron J. Walayat Esq.

Ohio Northern University International Law Journal

No abstract provided.

Global Experiments In Transnational Justice: Examining The Case Of East Timor And Sri Lanka In Asia, Nishandeny Ratnam

Ohio Northern University International Law Journal

No abstract provided.

Negotiating Migration In The Mediterranean: A Comparative Study Of Morocco And Italy’S Border Policies And Their Humanitarian Impact On Irregular Migrants, Shennel Ep Henries

Master's Theses

Serving as both a barrier and a bridge that connects Africa and Europe, the Mediterranean is today the focal point of global controversies around migration, where humanitarian interests balance against border policing and meet securitization policies. This thesis examines the questions: How do irregular migrants adapt, interpret, and maneuver around securitized Moroccan and Italian migration policies, and what do their strategies tell us about the relationship between humanitarianism and securitization in Mediterranean bordering processes? Drawing on qualitative evidence, including expert interviews with organization employees and volunteers in Morocco and Italy (Fondazione Solidarietà Caritas, Nosotras Onlus, and Caritas Maroc), field observation, …

Landaeta MejíAs Brothers Et Al. V. Venezuela, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Miguel Castro Castro Prison V. Peru, Celene Afari

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

When Poison Is On The Menu: Proposing The Adoption Of Ireland’S Stricter Allergen Regulations In America’S Food Establishments, Katherine Fitzgerald

Journal of Law and Policy

In the modern era, a growing number of children and adults have been diagnosed with deadly food allergies. For the approximately 33 million Americans who have at least one food allergy, restaurants, aside from the home, are the most likely place where deadly reactions could occur. In order to adapt to this expanding and sensitive population, the federal government should pass legislation that protects these citizens from suffering a preventable, untimely death. Luckily, the legislators of the European Union, and specifically Ireland, have already put food labeling legislation in place that serves to protect those with food allergies. This Irish …

Shaping A More Equitable Election System: A Canadian Approach To Solving The Voting Rights Crisis In America, Michelle Gutowski

Journal of Law and Policy

In 1965, the Voting Rights Act was passed, ushering in a new era of voting freedom. The Act brought an end to many of the overtly discriminatory practices that had persisted for nearly two centuries. Over time, however, states began to introduce more subtle and complex voting regulations that gradually undermined the gains achieved through the civil rights movement. In 2021, the Supreme Court dismantled an essential safeguard for voters, significantly weakening the protections the Act once guaranteed. This erosion of protections is largely attributable to a single doctrinal standard within the Act, known as the totality of the circumstances …

Canales Huapaya Et Al. V. Peru, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Reconceptualization Of Corporate Governance For Fintech Firms, Isa Alade

Loyola of Los Angeles International and Comparative Law Review

The scandals involving some major fintech firms/platforms such as FTX, Wirecard, Celsius, TerraLuna and Lending Club raise questions about the efficacy of the current corporate governance architecture for fintech firms. Comparing some of the factors that contributed to these recent scandals in the fintech industry against the weaknesses in the corporate governance arrangements for traditional financial firms in the period leading to the global financial crisis (GFC), this paper argues that the unique characteristics of fintech firms amplify some of the weaknesses in the corporate governance arrangements in the financial services industry that contributed to the GFC. The ubiquitous nature …

Fontevecchia And D’Amico V. Argentina, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.