International Law Commons^™

A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen

Global Tides

This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.

Intersectional Feminist Practice In International Justice: Sexual & Gender-Based Grimes In Ongwen, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Cardozo International And Comparative Law Review

2022–2023 Flyers

No abstract provided.

The Constitutional Crisis In Israel, Floersheimer Center For Constitutional Democracy, Israeli Supreme Court Project

2023 Event Invitations

In the 1990s, Israel underwent a "constitutional revolution." Israel is now in the midst of a heated debate over the proper balance of powers between the judiciary and the legislature in a democracy. Our speakers will address the legal, social, and political aspects of the current crisis and place it in the context of Israel's complex history of constitutionalism.

Damar Hamlin: Legal Implications Of An Nfl Injury, Evan Feder

Cardozo International & Comparative Law Review (CICLR) Blog

On January 2nd, 2023, in an NFL game played between the Cincinnati Bengals and the Buffalo Bills, Damar Hamlin, a Bills safety, tackled Bengals receiver Tee Higgins. After the collision, Hamlin stood up and began to walk, but after two steps he collapsed to the ground. He went into cardiac arrest and was given CPR and was later taken to the University of Cincinnati Medical Center in critical condition. On the following Monday, January 9th, Hamlin was released from the ICU, and he has continued to improve since then. It was an extremely rare injury; in fact, there has only …

Bearing Witness: Testimony And Transitional Justice In The Aftermath Of Mass Violence, Stephen Cody, Eric Stover

Suffolk University Law School Faculty Works

The act of telling one’s story in a post-conflict setting—whether as a witness testifying in a criminal trial, recounting events before a truth commission, or speaking up at a community meeting—demands resolution and courage. This chapter explores the role testimony plays in transitional justice processes after mass violence. Psychological, social, and political factors, as well as the nature of the violence itself, influence witness testimony and memorialisation. Collective memories of violence evolve as societies pass through processes of social reconstruction and community reckoning. The chapter provides guidance to court investigators and researchers about the complexities of survivors’ testimonies and the …

Rescaling City Property, Amnon Lehavi

Arkansas Law Review

This Article seeks to identify the growing tension between the contemporary physical and digital reality of cities across the world and the formal, often archaic, body of norms that governs city powers and duties vis-à-vis different types of persons and corporations: locals, non-local residents of the same nation-state, and foreigners. The nation-state’s continuing dominance, both in the domestic division of power across various legal systems and in the international arena, often results in a systemic mismatch.

A Canadian Perspective On Fifty Years Of International Economic Law, J. Anthony Van Duzer

Dalhousie Law Journal

In 1970, “international economic law” (IEL) was not a distinct academic subject. Fifty years later, IEL has become an important and well-recognized field of legal enquiry, though its boundaries remain unclear. Globalization of trade and investment activity and the concomitant proliferation of trade and investment treaties over the last 50 years have been key drivers of academic interest in IEL and its transformation. The impacts of trade and investment on the protection of the environment and health, Indigenous, labour, and human rights, development, and other policy priorities have become significant subjects of academic discourse and are increasingly addressed in trade …

Police-Generated Evidence In Bail Hearings: Generating Criminality And Mass Pretrial Incarceration In Canada, Jillian Rogin

Dalhousie Law Journal

Systemic racism in policing impacts many aspects of the criminal legal system including the system of judicial interim release. This paper traces the ways in which reliance on police-created evidence at bail hearings might contribute to mass pretrial incarceration in Canada which is disproportionately felt by Indigenous, Black, and marginalized people. The police synopsis and police-created criminal records are state knowledge created for state purposes. This state-created evidence in fact generates race and racialization; all of the structural inequalities built into the system of policing become relied on at bail hearings through police-created evidence which contributes to mass pretrial incarceration …

What Doesn’T Kill You Makes You Stronger: The Shifting Strategies Of Japan’S Yakuza In Response To Economic Globalization And Securitization, Benjamin P. Murkison

Honors College Theses

The Yakuza in Japan is a deeply traditional and infamous ethnic mafia, which has historically based their profits off of the protection of gambling rings and street vendors, but have developed into one of the most sophisticated and wealthy criminal institutions in the world. Reaching their peak in the 1960’s with around 200,000 members, the Yakuza has been in a slow decline ever since. However, the past decade has seen the most dramatic drop in Yakuza numbers in recorded history, as a result of increasing securitization by the Japanese state. As their power has declined within Japan, they have only …

Legislative Interpretation No. 748: Examining The History And Future Of Taiwan’S Same-Sex Marriage Law, Chang, Cara

Santa Clara Journal of International Law

Taiwan has always had two advantages that increased the odds of passing a same-sex marriage law: the political empowerment of women, and a strong economy characterized by balanced development. However, Taiwan is also part of the conservative Confucian cultural milieu of East Asia, a force that has often made it hard for the gender equality movement to gain traction — although interestingly, Confucius believed and taught that it is marriage that lies at the foundation of government.

This paper examines the history leading up to the 2017 and 2019 legalization of same-sex marriage in Taiwan, a “first in Asia,” as …

Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellee, Evan J. Criddle

Briefs

No abstract provided.

Waking Sleeping Beauty? Exploring The Challenges Of Cyber-Deterrence By Punishment, Thibault Moulin

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Getting Away With Murder: Why U.S. Courts Should Incorporate The Vclt In The Interpretation Of International Tax Treaties, Schroeder, Helen

Santa Clara Journal of International Law

There is a growing trend in the United States for the adoption of the VCLT in analyzing international tax treaties.1 This trend is positive and should be continued. By looking at how the VCLT could have been applied to the tax treaty interpretation in dispute in Xerox Corp. v. U.S., I assert both that it should be seen as a legitimate source of international tax law and that it should continue to be used moving into the future.

Law Of Art, Law Of War: The Legacy Of The Law Of War In International Cultural Property Law, Richard G. De Schweinitz

Cardozo International & Comparative Law Review (CICLR) Blog

Issues of international art law tend to center on the restitution of lost works of art to their owners across borders. Wars today engender many disputes over rightful ownership; but historically, these conflicts were decided rather simply by the law of nations. Per one Judge Croke, “all property belonging to the enemy shall be liable to confiscation”. However, one of the earliest principles of just war in the modern era was the extension of special protections to works of culture. This principle, developed in the international conflict context, evolved through a lineage of international agreements into the basis for modern …

Bolsonaro: Extradition And The Limits Of The Political Exception Doctrine, Allison Herstic

Cardozo International & Comparative Law Review (CICLR) Blog

Former Brazilian President Jair Bolsonaro’s recent move to Florida represents a potential clash between the immunity afforded to former political leaders and the notion of extradition – a treaty-based obligation to return individuals charged with offenses to their home country.

This post was originally published on the Cardozo International & Comparative Law Review on April 3, 2023. The original post can be accessed via the Archived Link button above.

Checking The President’S Sanctioning Power In The New Age Of Economic Warfare, Jaden Mcquivey

Brigham Young University Prelaw Review

The United States President has nearly unlimited sanctioning power. This paper agrees with presidential authority over sanctions, which has been firmly established by the Trading With the Enemy Act of 1917, International Emergency Economic Powers Act in 1977, United States v. Curtiss-Wright Export Corp., and INS v. Chadha. However, this paper does not agree with unchecked sanctioning power. By simply declaring a national emergency, the President can legally justify most economic sanctions on foreign countries. Over the last few decades, the United States has entered a new state of “sanctioning madness” and is known for its particularly destructive unilateral sanctions. …

Kukin Program Newsletter – Spring 2023, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Spring 2023 highlights significant events and achievements in Cardozo Law's Alternative Dispute Resolution (ADR) initiatives. Key features include Gloria Steinem receiving the 22nd International Advocate for Peace Award, presentations by Securities Arbitration Clinic students to the SEC, and global representation at the ICC International Commercial Mediation Competition and other ADR competitions. The newsletter also covers impactful symposiums, such as "Negotiation Strategies for War by Other Means," and showcases the activities of the Cardozo Dispute Resolution Society and the Cardozo Journal of Conflict Resolution. Alumni achievements, faculty contributions, and new publications further demonstrate the program's dedication …

Promoting Women's Advancement In The Judiciary In The Midst Of Backlash: A Comparative Analysis Of Representation And Jurisprudence In Key Domestic And International Fora, Shruti Rana

Faculty Publications

Women's advancement in the judiciary of the United States has been slow and uneven, and has long lagged behind other nations. Parity in representation remains distant, and the gains to date vulnerable to changes in administrations and fluctuating levels of state commitment to gender equality, with the recent global backlash to gender equality and international norms and institutions providing a critical example of this fragility. In this light, this Article argues that gender parity in the judiciary should not be viewed as merely a laudable goal. Rather, representation and parity should be viewed as fundamental state legal obligations under international …

The Latin American Union? Lessons For Latin America From The European Union And The International Monetary Fund On The Promises, Challenges, And Need For Regional Economic Integration, Jaime Andrés Collazo

The International Law Review Association Student Forum

The concept of a Latin American union has been a long-standing idea, but recent advocacy from the continent's leading political figures for economic and political integration has reignited a debate in the region as to its feasibility and desirability. The impetus behind such advocacy includes bolstering economic connections, enhancing global standing, increasing regional autonomy, and collaboratively addressing modern challenges such as pandemics, climate change, and social inequality. This comment will explore the history of efforts to integrate the region, analyze the promises, challenges, and implications of establishing a common market and a common currency as documented in the creation of …

Philanthropic Justice: The Role Of Private Foundations In Transitional Justice Processes, Julia Emtseva

Michigan Journal of International Law

In recent years, political transitions have become a major area of interest to private actors, including philanthropies. More and more philanthropic foundations have chosen to donate money to support transitional justice processes across the globe. However, philanthropies often take on not only the role of a funder but also the role of an active participant in transitional justice (TJ) mechanisms. They push for the building of long-lasting partnerships with state authorities and international organizations, and, sometimes, take over and administer certain transitional justice processes. As a result, philanthropic foundations wield considerable power in transitional justice, especially when the state cannot …