Despair Amongst Brazil’S Youth: Does The Hague Convention On International Child Abduction Need More Bite?,
2025
Elisabeth Haub School of Law, Pace University
Despair Amongst Brazil’S Youth: Does The Hague Convention On International Child Abduction Need More Bite?, Ishani Sanyal
Pace International Law Review
For decades, international child abduction by one parent from the legal custody of the other has been a persistent issue which continues to be overlooked by international organizations and countries from around the world. While the Hague Convention on the Civil Aspects of International Child Abduction has helped to initiate certain progress in addressing acts of international child abduction by parents, signatory states including Brazil have failed to enforce rulings and provisions of the convention. This article addresses how the convention does not account for structural inadequacies of Brazilian court systems which prevent thorough enforcement of international custody and visitation …
“Fleeing The Climate: The Need For Protection Of Climate Refugees In The Light Of International Law”,
2025
Pace University
“Fleeing The Climate: The Need For Protection Of Climate Refugees In The Light Of International Law”, Carina Dietmayer
Pace International Law Review
Climate change, which is already making itself felt, poses challenges for international law and the international community. Climate change and its consequences will lead to (involuntary) human mobility and affect many people. This forced migration is not yet specifically addressed by international law. This article addresses climate-induced migration and the protection of climate refugees through international refugee and migration law, international human rights law, international environmental law, climate change law and international disaster law. It analyzes how and, above all, why climate refugees are protected. The core thesis of the article is the justification of a need for protection of …
Conserving Conservation Servitudes: The Role Of The Prior Public Use Doctrine In Protecting Privately Conserved Land In The United States And Australia,
2025
University of Miami School of Law
Conserving Conservation Servitudes: The Role Of The Prior Public Use Doctrine In Protecting Privately Conserved Land In The United States And Australia, Olivia Clausen
Pace International Law Review
Both the United States and Australia would benefit from more conservation of private land, and conservation servitudes can help both countries achieve this. However, in the United States and Australia, the power of eminent domain is a threat to the perpetuity of conservation servitudes. The prior public use doctrine, a common law doctrine in the United States arising out of the public trust doctrine, could limit eminent domain in these cases and provide protection to conservation servitudes. This doctrine states that land devoted to one public use (such as conservation) may not be condemned for another inconsistent public use unless …
Rightly Dividing Jus Ad Bellum And Jus In Bello In The Israel/Hamas War,
2025
St. Mary's University School of Law
Rightly Dividing Jus Ad Bellum And Jus In Bello In The Israel/Hamas War, Jeffrey F. Addicott
Pace International Law Review
No abstract provided.
Remembering Eric E. Bergsten,
2025
Pace University
Remembering Eric E. Bergsten, Jay Carlisle
Pace International Law Review
No abstract provided.
Memories Of Dr. Eric Bergsten From The 2004 International Program,
2025
Pace University
Memories Of Dr. Eric Bergsten From The 2004 International Program, Christopher Boies
Pace International Law Review
No abstract provided.
Tribute To Eric Bergsten From Louise Barrington, Chair, Vis East Moot Foundation,
2025
Pace University
Tribute To Eric Bergsten From Louise Barrington, Chair, Vis East Moot Foundation, Louise Barrington
Pace International Law Review
No abstract provided.
Weaponization Of Taxation: Sovereign Tax Immunity As A National Security Tool,
2025
Brigham Young University Law School
Weaponization Of Taxation: Sovereign Tax Immunity As A National Security Tool, Vinita R. Singh
BYU Law Review
Amidst calls to reconceptualize taxation as a national security tool, legislators are reexamining how the United States taxes foreign governments. Federal income taxation of foreign governments—what this Article terms “the law of immunity from taxation” or “sovereign tax immunity”—strongly influences whether and how foreign governments pursue investment in the United States. This impact on international business transactions indicates sovereign tax immunity has the potential to be a powerful national security tool. Yet, despite its import, the law of immunity from taxation has been underexplored and undertheorized. This Article steps into this gap in discourse by challenging the way recent legislative …
Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations,
2025
University of Miami School of Law
Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations, Christina Frohock
Articles
No abstract provided.
Julien Grisonas Family V. Argentina,
2025
Loyola of Los Angeles International and Comparative Law Review
Julien Grisonas Family V. Argentina, Kamila Knaudt
Loyola of Los Angeles International and Comparative Law Review
This case is about the forced disappearance and murder of a Uruguayan artist and member of the Party for the Victory of the People and his wife by Argentina within the framework of Operation Condor. The case was brought by their children, who had been separated from their parents when they were taken and given up for adoption in Chile. Eventually, the Court found Argentina in violation of several articles of the American Convention but did not find a violation of the Inter-American Convention on Forced Disappearance of Persons.
Standing Before The Icj: A Novel Framework For Erga Omnes Partes,
2025
Loyola Marymount University and Loyola Law School
Standing Before The Icj: A Novel Framework For Erga Omnes Partes, Elson Law
Loyola of Los Angeles International and Comparative Law Review
This paper explores the concept of legal standing before the International Court of Justice (“ICJ” or “the Court”) in contentious cases and the legal theories that states may invoke to establish their entitlement to submit claims relating to specific subject matters. The concept of standing in international law requires a party to demonstrate a sufficient legal interest in the subject matter of their case. Three primary theories potentially provide such an interest for states parties to multilateral treaties: legal injury from the respondent state’s violation of an obligation owed to the applicant state, obligations erga omnes partes created by the …
Economic Sanctions In International Arbitration Proceedings,
2025
Loyola Marymount University and Loyola Law School
Economic Sanctions In International Arbitration Proceedings, Admir Muratović
Loyola of Los Angeles International and Comparative Law Review
The world is witnessing the imposition of new economic sanctions on an every-day basis. After the Russian annexation of the Crimean Peninsula in 2014, and in particular with the invasion of Ukraine in February 2022, the issue of economic sanctions received an upsurge of public scrutiny. Russian investors and companies, a number of which are facing economic sanctions, do substantial businesses in States that imposed sanctions targeting them. At the same time, Russian entities have established business relationships with corporations originating in such States. On the other hand, after the Crimea annexation, Russia adopted certain measures to counter the effect …
Movilla Galarcio Et. Al. V. Colombia,
2025
Loyola of Los Angeles International and Comparative Law Review
Movilla Galarcio Et. Al. V. Colombia, Katrina Karaguzian
Loyola of Los Angeles International and Comparative Law Review
This case is about the forced disappearance of a trade unionist and political militant in Colombia. Colombia partially admitted responsibility. The Court found Colombia in violation of several articles of the American Convention and of the Inter-American Convention on Forced Disappearance of Persons.
García Rodríguez Et Al. V. México,
2025
Loyola of Los Angeles International and Comparative Law Review
García Rodríguez Et Al. V. México, Madeline Prokop
Loyola of Los Angeles International and Comparative Law Review
This case is about the arrest, prosecution, conviction and detention of two suspects of the murder of the mayor of a Mexican municipality. The Court found Mexico in violation of several articles of the American Convention and of the Inter-American Convention to Prevent and Punish Torture.
Maidanik Et Al. V. Uruguay,
2025
Loyola of Los Angeles International and Comparative Law Review
Maidanik Et Al. V. Uruguay, David Randall
Loyola of Los Angeles International and Comparative Law Review
This case is about the forced disappearance and murder of five individuals during the military dictatorship in Uruguay (1973-1985). Eventually, the Court found Uruguay in violation of several articles of the American Convention and of the Inter-American Convention on Forced Disappearance of Persons.
The Enduring Value Of Copyright Harmonization,
2025
Villanova University Charles Widger School of Law
The Enduring Value Of Copyright Harmonization, Stefania Fusco
Villanova Law Review (1956 - )
No abstract provided.
Function Over Form: Why Wipo's Procedural Treaties Are Not Enough,
2025
University of Cincinnati College of Law
Function Over Form: Why Wipo's Procedural Treaties Are Not Enough, Cassidy Serger
University of Cincinnati Law Review
No abstract provided.
Chad Dobson Reflects On The Launch Of The World Bank Reform Campaign,
2025
American University Washington College of Law
Chad Dobson Reflects On The Launch Of The World Bank Reform Campaign, Chad Dobson, Julie Radomski
Perspectives
Chad Dobson is the founder of the Bank Information Center (BIC) and led BIC from 1987 to 1997 and 2007 to 2016. He is widely accredited with developing the global campaign strategies for environmental and social reforms of multilateral development banks (MDB). In this interview, he recounts the early days of BIC and the development of the global campaign.
The Challenges Of International Maritime Treaty Enforcement: Examining Outcomes Of The South Sea And Red Sea Dispute,
2025
Fordham University
The Challenges Of International Maritime Treaty Enforcement: Examining Outcomes Of The South Sea And Red Sea Dispute, Sofia Roshan Hope Gellada
Senior Theses
The challenges of enforcing international treaty obligations are explored through the lens of the United Nations Convention on the Law of the Sea (UNCLOS) and its newly introduced addendum, the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. Through a detailed analysis of two case studies—the South China Sea Dispute and the Red Sea Dispute—this paper highlights the significant obstacles to treaty enforcement, particularly in contexts of power imbalances. Both disputes, arbitrated by the Permanent Court of Arbitration, reveal a troubling pattern of non-compliance by stronger states, such as China and Eritrea, despite legally binding rulings. These findings underscore the limitations of …
Beyond Precedent: Sexual Violence As An Act Of Genocide In The International Criminal Tribunal For Rwanda,
2025
The London School of Economics and Political Science
Beyond Precedent: Sexual Violence As An Act Of Genocide In The International Criminal Tribunal For Rwanda, Ciara Kilroy
Peace and Conflict Studies
Wartime sexual violence (WSV) has been a characteristic of violent conflict throughout recorded history, yet has failed to illicit the same international attention and condemnation as other war crimes. WSV has also been a particularly pervasive method of destruction during genocide, in which women make up the majority of victims and are targeted for both their gender and group membership. However, sexual violence is not enumerated as a crime of genocide in the 1948 Genocide Convention. Despite its absence from the formal genocide convention, legal institutions have still attempted to hold perpetrators responsible for sexual violence during genocide. This paper …
