International Law Commons^™

Striking The Balance Between Contractual Rights And Obligations: Restructured Contract Law In The Newly Enacted Chinese Civil Code, Mo Zhang

Cardozo International & Comparative Law Review

Contract legislation in China experienced a significant change as a result of the Civil Code's enactment in 2020. With a focus on civil rights and private interests, contract law and other areas of law are expected to help promote the development of a rights-based society under the Civil Code-a much wanted shift from the traditionally obligation-based society. In this context, the Civil Code is hailed in China as a milestone in the country's legal landscape.

The Civil Code consolidated the 1999 Contract Law with judicial practices and restructured the legal framework governing contracts by modifying or adding provisions aimed at …

Transforming Affirmative Action Jurisprudence: Applying Eidelson's Theory On The Supreme Court Of India, Sawinder Singh

Cardozo International & Comparative Law Review

This paper compares the affirmative action jurisprudence developed by the Indian Supreme Court with United States affirmative action jurisprudence in the context of the philosophy of equality developed by Harvard Law School Professor Benjamin Eidelson. It evaluates the potential of Eidelson's claim that if the U.S. Supreme Court accepts his philosophy, it may incrementally allow the Court to adopt a more favorable attitude towards the affirmative action policies. The question raised here is whether Eidelson's approach can provide a constitutionalfoundation capable of giving us a consistently benevolent interpretation of affirmative action policies, as he hoped. This article concludes that, at …

The Ministerial Exception: Our Lady Of Guadalupe School And Antidiscrimination Employment Laws, Shelly A. Yeini

Vanderbilt Journal of Transnational Law

The Ministerial Exception (ME) is a legal doctrine providing that antidiscrimination employment laws do not apply to the relationship between religious institutions and their ministers. Such a notion appears in various democracies, as it aims to confront a shared problem: the attempt to solve the clash between antidiscrimination employment laws and religious autonomy. Liberal democracies strive to protect employees from discrimination, as well as to accommodate freedom of religion, which cannot be fulfilled without the existence of religious organizations. While being able to choose their staff is at the heart of the existence of religious institutions, the fulfillment of such …

The Fighting's Done, Now Pay Me: Investment Treaties, War And State Liability, Thomas C. Hildebrand, Iii

Vanderbilt Journal of Transnational Law

Where major conflict erupts, major state liability follows. Sri Lanka, Zaire, Libya, and Syria have all found themselves subject to extensive liability to investors under bilateral investment treaties for harms incurred in the midst of armed conflicts raging within their borders. This Note argues that war-loss clauses, present in nearly every bilateral investment treaty, should be interpreted to create a lex specialis regime limiting investor compensation following armed conflicts. Arbitral tribunals, however, have consistently refused to apply war-loss clauses in this manner. This has lead to an over-extension of state liability to foreign investors in the wake of armed conflict. …

Solving The Unsolvable? How A Joint Development Zone Could Extinguish The Natural Gas Conflict In The Eastern Mediterranean, Kimberlyn Hughes

Vanderbilt Journal of Transnational Law

Recently, the Cyprus conflict has manifested itself in the competing claims of Greek Cyprus, Turkish Cyprus, and Turkey over their maritime jurisdictions. During the past decade, the discovery of natural gas exacerbated these preexisting claim disputes. Solutions have been nonexistent due to the unwillingness of the parties to conduct multilateral negotiations or use international courts and are complicated by the fact that not all parties are signatories to the United Nations Convention on the Law of the Sea, an instrument most countries defer to in comparable disagreements. While prior publications have proposed mechanisms that could solve maritime disputes in this …

Climate Reparations: Moral, Historical, And Legal Justifications For United States Reparations Payments To Female Population Groups In Developing Countries, Kate Belsito

Cardozo International & Comparative Law Review

The note advocates for a community-based reparations program targeting women in rural, developing countries most affected by climate change. It asserts that the United States, as a major historical emitter of greenhouse gases, bears significant responsibility for these harms and has failed to meet its international treaty obligations. The proposed program would address past injustices while promoting future adaptation, emphasizing moral accountability and systemic change.

The Right To Dine: Why New York City's Restaurant Culture Is Worth Saving, Evelyn Baert

Cardozo International & Comparative Law Review

The note argues that New York City's restaurant culture, akin to Paris's, holds significant cultural and economic value and should be preserved through comprehensive government relief measures. It advocates for adopting a French-inspired approach to economic aid, emphasizing the importance of restaurants as social and cultural hubs beyond mere economic entities.

Title Vii Prohibits Employment Discrimination... Except When It Doesn't: Eliminating The Small Firm Exemption, Hayley Bronner

Cardozo International & Comparative Law Review

The note argues that the small firm exemption in Title VII of the Civil Rights Act of 1964, which excludes employers with fewer than fifteen employees from coverage, undermines the law's purpose of eradicating employment discrimination. The exemption, initially a political compromise, lacks an evidence-based foundation and disproportionately affects vulnerable groups such as women and minorities. The analysis suggests that eliminating this exemption is essential to achieve universal protection and align Title VII with broader state and international laws, proposing measures like damage caps to mitigate potential burdens on small businesses.

Hamiltonian Shifts In State Aid And The Coming Breakdown Of The Internal Market: Can The European Union Survive Its Covid-19 Response?, Richard Dacher

Cardozo International & Comparative Law Review

This Note analyzes the consequences of the COVID-19 pandemic to the legal structure of the EU and its path forward. The EU's and the member states' actions to combat the pandemic have brought the political and economic union to the precipice of a breakdown of the Internal Market. Fiscal policies mirroring those of the United States will likely rise in its place. Recent tax court decisions, acquiescence to federal debt-sharing schemes, and deregulated state aid policies highlight the federalization of the EU as a unified economic structure, and also foreshadow its diminished influence over the member states' state aid policies. …

The Impact Of Separate Opinions On International Criminal Law, Nancy Amoury Combs

Faculty Publications

Dissents have had a tumultuous history in national and international courts throughout the world. Initially reviled, dissents have come to be a well-accepted, even praiseworthy, component of the American judicial system, and they have traversed the same trajectory in other countries as well as in international courts and tribunals. Particularly noteworthy among international courts are those created to prosecute perpetrators of mass atrocities, such as genocide, crimes against humanity, and war crimes. And nowhere are dissents more common than in these mass atrocity courts. Yet, as prevalent as these dissents are, they have received virtually no scholarly or practical attention. …

Disrespect As The Essence Of Constitutional Right Violations, R. George Wright

Cardozo Journal of Equal Rights & Social Justice

The article posits that disrespect is a fundamental concept in understanding constitutional rights violations. It argues that the underlying logic and limits of constitutional rights are rooted in considerations of respect and disrespect, particularly respect for persons. The author contends that both intentional and unintentional disrespect can lead to constitutional violations, affecting various rights such as equal protection, free speech, and due process. The analysis draws on philosophical frameworks, including those of Kant and Rawls, to emphasize the centrality of respect in constitutional jurisprudence.

A Clarified Standard? A Case Note On Monasky V. Taglieri, Rebecca Jacobson

Cardozo Law Review

No abstract provided.

Palestinian Nationality And “Jewish” Nationality: From The Lausanne Treaty To Today, Susan M. Akram

Faculty Scholarship

This chapter assesses the legal foundations of Zionist and Palestinian national claims over the land of Palestine since the British Mandate. It explores the legal basis and implications of the claim of Jewish nationality in Palestine and compares it with the claim of Palestinian nationality. The question of national rights, and who can claim them, is central to rethinking the statehood and residency rights of those living today in the area of historic Palestine. The law of nationality is at the core of the protections of peoples’ right to self-determination, and understanding the principles underlying nationality law is essential to …

Environmental Protection And Human Rights In The Pandemic, Maria Antonia Tigre, Sarah C. Slinger, James R. May

Scholarly Works

The Covid-19 outbreak in 2020 took the world by surprise. The virus spread quickly around the globe and death tolls were constantly on the rise at early stages of the pandemic. Although vaccine rollouts have helped halt the number of deaths, inequality in accessing vaccines and effective treatments is still a major issue. From the onset, Covid-19 negatively impacted global well-being and myriad human rights. The present report examines how environmental protection and related human rights have been affected by the Covid-19 pandemic. Based on link between environmental and human health, this report focuses on ecological human rights. The report …

Firing Employment At Will And Discharging Termination Claims From Employment Discrimination: A Cooperative Federalism Approach To Improve Employment Law, William R. Corbett

Cardozo Law Review

No abstract provided.

Schrems's Slippery Slope: Strengthening Governance Mechanisms To Rehabilitate Eu-U.S. Cross-Border Data Transfers After Schrems Ii, Edward W. Mclaughlin

Fordham Law Review

In July 2020, the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield Framework, the central data governance mechanism that once governed cross-border data transfers from the European Union (EU) to the United States. For the second time in five years, Europe’s top court invalidated the primary method of cross-border data transfers. Both times the CJEU found that the United States’s surveillance laws were, and remain, overbroad and fail to provide EU citizens with protections that are essentially equivalent to those guaranteed under the EU’s General Data Protection Regulation (GDPR) in light of the Charter of Fundamental …

Arguing About The Jus Ad Bellum, Monica Hakimi

Book Chapters

In January 2020, the United States conducted a targeted airstrike against Iranian General Qasem Soleimani, who at the time was on official business in Iraq. Soleimani had commanded an Iranian military unit that supported armed groups throughout the region, including in Iraq. He likely was involved, directly or indirectly, in countless incidents of low-level violence against the United States and its allies. Nevertheless, the US attack on him was especially brazen and seemed to up the ante. It raised the possibility, or at least created some chatter, that the two countries were heading toward all-out war.

Most analysts who assessed …

Enhancing Environmental Protection In Relation To Armed Conflict: An Assessment Of The Ilc Draft Principles, Daniëlla Dam-De Jong, Britta Sjöstedt

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

A Cielo Abierto: Constellations For Extraterritorial Multinational Corporate Accountability For Environmental Damage In Human Rights Law, Astghik Hairapetian

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Lieber Code: A Historical Analysis Of The Context And Drafting Of General Orders No. 100, Alexander H. Mindrup

The Cardinal Edge

During the American Civil War, the United States changed in dramatic fashion. The national crisis of the Civil War encompassed all aspects of the United States. In 1862, a forward-thinking German American intellectual named Francis Lieber lobbied the Lincoln administration to update the United States laws of war. On April 24, 1863, President Lincoln issued General Orders No. 100 or “Instructions for the Government of the Armies of the United States in the Field.” General Orders No. 100, better known as the Lieber Code, modernized the United States laws of war. Not only that, but the Lieber Code traveled across …