International Law Commons^™

Genocidal Accusation, Steven Arrigg Koh

Faculty Scholarship

To accuse of genocide — what does it mean? Genocidal accusation is ubiquitous today, evident more in the public square than in any courtroom. At first glance, such accusation seemingly relies on a central assumption: genocidal accusation is critical to preventing atrocity. This Article argues that this widespread assumption is incomplete, obscuring genocidal accusation’s dual nature. In fact, genocidal accusation encompasses not only laudable atrocity prevention (for example, the Rwandan genocide), but also problematic punitive, carceral discourse that brands the “other” as morally polluted (such as President Putin’s Ukraine invasion). It is thus challenging to evaluate such accusation in the …

Expanding The Foreign National Prohibition To Combat Russian Interference In U.S. Elections, Hailey Arnett

William & Mary Bill of Rights Journal

In 2016, the Russian government purchased political advertisements from U.S. social media companies like Facebook to sway the U.S. presidential election. These purchases violated the foreign national prohibition (“the Prohibition”), which Congress codified as part of the Federal Election Campaign Act Amendments of 1974 (FECA). This Note explains why Congress should expand the Prohibition to capture the recipients of independent expenditures that violate the Prohibition and fine people who run online platforms that receive independent expenditures or contributions made by foreign nationals in violation of the Prohibition.

Part I describes current U.S. case law on domestic and foreign campaign finance …

Challenging The State To Protect The Right To A Future Healthy Environment, Grace Messimer

Cardozo International & Comparative Law Review (CICLR) Blog

Climate change litigation has been increasingly used in different countries to fight the climate crisis through various judicial systems. As of December 2022, there have been over 2,000 climate-related cases in international courts, federal courts, and more local courthouses, with litigation taking place in 65 different jurisdictions. Climate change litigation includes “cases that raise material issues of law or fact relating to climate change mitigation, adaptation or the science of climate change.”

This post was originally published on the Cardozo International & Comparative Law Review on January 21, 2025. The original post can be accessed via the Archived Link button …

"Reeling In" The Governance Problem: How To Achieve Sustainable Fisheries On An International Scale, Louis Morais-Andrade

Brooklyn Journal of International Law

In 2025, it was estimated that over 35% of international fish stocks were overfished, risking severe depletion of high seas fisheries. In general, countries have control over fisheries within 200 nautical miles of their coastal border. Many countries have established fishery conservation laws to help prevent overfishing. Some examples of the largest domestic fishing laws are the Magnuson-Stevens Fishery Conservation and Management Act and the European Union’s Common Fishery Policy (MSA), which functions as an international policy that governs all of the United States’ fisheries and the European Union’s Common Fisheries Policy (CFP). Concurrently, the United Nations has also opened …

More Than Medals: Protecting The Olympic Brand, Olivia M. Zykoff

Brooklyn Journal of International Law

The enforcement of intellectual property rights is critical for brand protection. When a country is given the power to host an event as grand as the Olympic Games, it takes on immense responsibility to protect all aspects of the Games ahead. Importantly, as an international event that travels to a new host country every two years, the Olympic brand requires centralized protection, to be overseen by a leading body, the International Olympic Committee (IOC). This Note reviews the foundational protections given to the Olympic brand by the IOC and examines the country-specific treatment and protections granted to Olympic properties at …

The Silent Sound Of Drowning: Human Rights Justifications And Complex Intersectionality, Maria Grahn-Farley

Brooklyn Journal of International Law

This Article presents a new concept, “Human Rights Justifications,” which captures instances in which states invoke human rights to defend and legitimize their own actions. Human Rights Justifications stand in contrast to cases in which human rights are activated by an individual holding the state accountable for its actions. The difference between when a state and when an individual is the activating subject is that with the former, human rights risk serving the state in legitimizing its actions, instead of serving the individual as a protection from the state. This occurs because, when the state activates human rights, it also …

United States Counsel Being Used In Order To Serve Foreign Entities: Service On Foreign Entities And The Relationship Between Us Counsel And Foreign Companies, Lucy Gottfried

Brooklyn Journal of International Law

This Note examines the use of alternative service on foreign defendants’ United States counsel under Federal Rule of Civil Procedure 4(f)(3) and USCIT Rule 4(e)(3). A recent challenge in the Court of International Trade has raised the issue of whether this method of service complies with the rule that service be effectuated in a foreign country. Through surveying federal courts decisions addressing motions for alternative service on U.S. counsel, this note demonstrates that courts do not apply a uniform rule. Instead, courts balance different considerations—like due process, international comity, and litigants’ behavior—based on the underlying facts. This Note synthesizes the …

Symbolic Justice: The Continued Limits Of International Criminal Justice Without A Permanent Prison System, Meg Penrose

Faculty Scholarship

Many people misremember Nuremberg, Tokyo, and the subsequent World War II tribunals. These seminal international tribunals gave the world convictions but largely failed to fully enforce the sentences imposed. Most people do not recall the mass clemency following the World War II tribunals. This Article seeks to fill a scholarly void by explaining why international criminal justice has never matured beyond Nuremberg and Tokyo. The modern ad hoc tribunals, as well as the permanent International Criminal Court (“ICC”), have failed to deliver lasting justice. Much like Nuremberg and Tokyo, the modern tribunals fixate on arrests and convictions and then seemingly …

The Icj’S Advisory Opinion On Climate Change, Maria Antonia Tigre, Maxim Bönnemann, Antoine De Spiegeleir

Sabin Center for Climate Change Law

This open-access edited volume offers the first comprehensive analysis of the International Court of Justice’s 2025 Advisory Opinion on the obligations of States in respect of climate change, one of the most consequential developments in international climate law since the adoption of the Paris Agreement. Bringing together leading scholars and practitioners from across public international law, human rights law, environmental law, and global governance, the book examines how the Court reframed climate change as a matter of binding legal obligation rather than political discretion.

The contributions explore the Opinion’s articulation of state duties under treaties, customary international law, and general …

Changing Perspectives In California: A Transformative Culture Exchange For Stockholm University And Sonoma State University Criminology Students, Bryan Burton, Sofie Hellmer, Vida Wåhlmark, Hope Ortiz, Diana Grant

csuglobalaction

From June 13 to 20, 2024, Sonoma State University (SSU) hosted 16 criminology students from Stockholm University (SU) for an educational and cultural exchange. Five SSU undergraduate “student ambassadors” participated, representing California and SSU while assisting the Swedish students. Surveys indicated the exchange was a meaningful academic and cultural experience for all participants. The Swedish students deepened their understanding of the U.S. criminal justice system through presentations by criminologists and discussions with practitioners on issues such as policing and prison reform. They also gained broader perspectives on California and the United States through interactions with SSU ambassadors and visits to …

Access To Healthcare For Irregular Migrants, Jessica Dykes

Journal of Law and Health

Access to Healthcare for Irregular Migrants is an assessment of the right to life, security of the person, and non-discrimination as viewed through the lens of Nell Toussaint's legal battle. It tells the compelling story of an irregular migrant's battle for access to health care. Highlighting a gap in the Canadian healthcare system, this piece raises valuable questions about why that gap exists. Toussaint's experiences with multiple levels of the legal system, both in Canada and internationally, are included. It tells the story from when Ms. Toussaint entered Canada to the present; wherein the matter remains before the court.

This …

Fatf Recommendation And Charitable Organizations Supervision Policy In Indonesia: A Study On The Prevention Of Terrorism Financing, Fithriadi Muslim, Eva Achjani Zulfa

Indonesian Journal of International Law

This research aims to analyze the supervision policies of charitable organisations in Indonesia, particularly in the context of preventing terrorism financing, and comparing them to international provisions, such as the Financial Action Task Force (FATF). It also explores the oversight practices in other countries to identify the best practices that Indonesia can adopt. The research addresses two key questions: (1) How do Indonesia’s supervision policies for charitable organisations prevent terrorism financing? (2) How do Indonesia’s supervision practices compare with international standards in preventing terrorism financing? This study uses a normative juridical approach, focusing on legislative and comparative methods. Primary legal …

Clihhr And Other Institutions Publish Report "Resistance: Mura Struggle Against Canadian Potash Mining In Brazil's Amazon", Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), together with university legal clinics in Brazil, Canada, and the United States, published a report examining the impacts of a proposed Canadian potash mining project in the Brazilian Amazon and its potential risks to Indigenous communities and the environment.

Request For An Advisory Opinion By The State Of Guatemala On Democracy And Its Protection Under The Inter-American Human Rights System: Expert Opinion, Notre Dame Law School Global Human Rights Clinic, Notre Dame Reparations Design And Compliance Lab, Diane A. Desierto, Francisco J. Urbina, Paolo G. Carozza, Anibal Perez-Liñan, Faisal Yamil Meneses, Nicolas Buitrago Rey, Ian Sheppard, Michelle Vasquez, Nick Polk, Carlos Chinchilla Mourra, Jose Cardona Sanchez, Pablo Proaño, Roselis Diaz De Freitas, Zolile Shude, Christian Mikala-Ofori, Rachel Cooper

Court Briefs

From Page 1

Notre Dame Law School Global Human Rights Clinic (NDLS GHRC) In collaboration with Notre Dame Reparations Design and Compliance Lab (ND Reparations Lab)

The undersigned Professors, staff lawyers, and researchers of the NDLS GHRC and the ND Reparations Lab respectfully submit this Expert Opinion for this Honorable Court’s consideration. 

1. The State of Guatemala has requested this Honorable Court to interpret specific provisions of the American Convention on Human Rights (e.g., Preamble first paragraph, Article 1 obligation to respect rights, Article 5 right to humane treatment, Article 8 right to a fair trial, Article 9 freedom from ex …

2025 Lemkin Award, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Institute For The Study Of Genocide

2025–2026 Flyers

Please join the Institute for the Study of Genocide and the Cardozo Law Institute in Holocaust and Human Rights for the biennial Lemkin Award Ceremony, honoring Raphael Lemkin, the originator of the term genocide and leading advocate of the UN Genocide Convention. The award recognizes the best non-fiction work focusing on genocide, crimes against humanity, and other gross human rights violations, as well as strategies for prevention. This year’s award winner is Elyse Semerdjian, for her work, Remnants: Embodied Archives of the Armenian Genocide.

2025 Lemkin Award Ceremony, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Institute For The Study Of Genocide, Elyse Semerdjian

2025 Event Invitations

Please join the Institute for the Study of Genocide and the Cardozo Law Institute in Holocaust and Human Rights for the biennial Lemkin Award Ceremony, honoring Raphael Lemkin, the originator of the term genocide and leading advocate of the UN Genocide Convention. The award recognizes the best non-fiction work focusing on genocide, crimes against humanity, and other gross human rights violations, as well as strategies for prevention. This year’s award winner is Elyse Semerdjian, for her work, Remnants: Embodied Archives of the Armenian Genocide.

Analyzing The Role And Impact Of Energy Resources On The South China Sea Dispute, Adam Opp

Liberty University Journal of Statesmanship & Public Policy

The South China Sea is a critical but contested body of water that has been the source of much international debate and focus. The sea is a strategic maritime route and one of the most important waterways for regional and global trade. The South China Sea features rich natural resources such as fisheries and hydrocarbons, especially unknown amounts of oil and natural gas remaining untapped throughout the sea. Geological surveys estimate extremely lucrative quantities of oil and natural gas in the South China Sea, which drives the conflict, as nations with competing territorial claims seek to control not just the …

Law School News: Rwu Law And University Of Lisbon Forge Academic Partnership To Expand Global Legal Learning 11-9-2025, Helgar Melgar

Life of the Law School (1993- )

No abstract provided.

Arresting Misguided Trends In Treaty Law, Michael P. Van Alstine

Kentucky Law Journal

No abstract provided.

The Greatest Victory: Teaching Strategy And Peace Through Negotiation, W. Chad Austin

Journal of Peace, Conflict, and Security Studies

This article examines how structured negotiation instruction, centered on the Circle of Value framework, enhances the critical and strategic thinking skills of cadets at the United States Air Force Academy (USAFA). Drawing on experiential learning, role-play simulations, and case studies—such as U.S.-China tensions over Taiwan—the article demonstrates how cadets apply integrative negotiation techniques to real-world geopolitical scenarios. The Circle of Value framework emphasizes interest-based negotiation, objective criteria, creative option generation, and the development of mutually beneficial outcomes. Through written analysis, live negotiation exercises, and reflective feedback, cadets build key competencies in communication, decision-making under pressure, and conflict resolution. The paper …