Transforming The World With Reparations?,
2025
Vanderbilt Law School
Transforming The World With Reparations?, Ingrid Brunk, Monica Hakimi
Faculty Scholarship
Claims for reparations in international law commonly reflect two competing visions--one transformative, the other corrective. The transformative vision looks to reparations to end the long tail of injustices that are associated with large-scale historic harms. The corrective vision is more confined; it focuses on repairing specific, legally cognizable harms and returning the agents or entities involved as closely as possible to the status quo ante. We argue in this Essay that these two visions have distinct conceptual logics, even though they often overlap in practice, and that the transformative vision cannot carry the burdens that are placed on it.
Burying The Burden: A Sovereign’S Duty Of Investigation Post-Republic Of Turkey V. Christie’S Inc.,
2025
Benjamin N. Cardozo School of Law
Burying The Burden: A Sovereign’S Duty Of Investigation Post-Republic Of Turkey V. Christie’S Inc., Caitlin H. French
Cardozo Law Review
This Note explores the intersection of cultural heritage law and U.S. property law through the lens of Republic of Turkey v. Christie’s Inc., a significant case involving the contested ownership of the ancient Anatolian “Stargazer” figurine. The Note explores how longstanding doctrines of property and the equitable defense of laches interact with international legal frameworks and patrimony laws aimed at preserving cultural heritage material. The case underscores tensions between cultural nationalism and internationalism, sovereign ownership claims under foreign patrimony laws, and the protections afforded to good-faith purchasers under U.S. law. The Note identifies two key legal issues at play: (1) …
Defending U.S. Citizenship-Based Taxation In Theory And In Practice: An Essay On Fiscal Citizenship In A Fatca World,
2025
Benjamin N. Cardozo School of Law
Defending U.S. Citizenship-Based Taxation In Theory And In Practice: An Essay On Fiscal Citizenship In A Fatca World, Edward A. Zelinsky
Cardozo Law Review
For some Americans, a surprising aspect of the saga of Meghan Markle, also known as the Duchess of Sussex, was learning that, as a U.S. citizen living in the United Kingdom, the Duchess was obligated to pay U.S. income taxes on her worldwide income.[1] President Donald Trump has echoed concerns raised in this controversy about the United States’ worldwide income taxation of its citizens living abroad. In particular, during his 2024 presidential campaign, President Trump called for “ending the double taxation of overseas Americans.”[2] I found myself drawn into this debate about the United States’ citizenship-based taxation by virtue of …
The Procedural Architecture Of Climate Justice: Comparative Lessons From Regional Human Rights Courts,
2025
Glasgow Caledonian University
The Procedural Architecture Of Climate Justice: Comparative Lessons From Regional Human Rights Courts, Indira Boutier
National Law School Journal
Climate change, once narrated through scientific data and economic costs, is now unavoidably framed as a question of rights and justice. This article examines how litigation before the African, European, and Inter-American human rights courts makes the procedural dimensions of climate justice visible. Procedural justice here is understood capaciously and includes not only rules of access, standing, and evidence, but also the recognition of corporations as duty bearers in transnational accountability regimes. A comparison of the three regions shows how colonial legacies, institutional architectures, and political economies shape the channels through which communities can contest climate harm. Litigation emerges less …
Five Things You Think You Know About International Arbitration That You Do Not Know (Nlsiu-Siac Annual Arbitration Lecture 2025),
2025
Singapore International Arbitration Centre Court
Five Things You Think You Know About International Arbitration That You Do Not Know (Nlsiu-Siac Annual Arbitration Lecture 2025), Lucy Reed
National Law School Journal
In the second NLSIU-SIAC Annual Arbitration Lecture delivered in April 2025, Lucy Reed takes a practice- or procedure-focused approach. Specifically, she addresses some misconceptions about international arbitration held by students and practitioners alike. She also introduces some of the new procedures in the 7th Edition of the SIAC Arbitration Rules, in effect from 1 January 2025.
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3,
2025
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3
Cardozo International & Comparative Law Review
No abstract provided.
Benjamin Ferencz In The Cold War,
2025
McGill University
Benjamin Ferencz In The Cold War, Noah Weisbord
Cardozo International & Comparative Law Review
The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression,
2025
NYU Center for Global Affairs
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan
Cardozo International & Comparative Law Review
The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law,
2025
NYU Center for Global Affairs
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin
Cardozo International & Comparative Law Review
The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.
Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law,
2025
Yeshiva University, Cardozo School of Law
Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko
Cardozo International & Comparative Law Review
The article examines the tension between head of state immunity and the pursuit of justice in international criminal law. It argues that while some nations and regional bodies, like the African Union, assert immunity for heads of state, international institutions such as the International Criminal Court (ICC) reject this principle, emphasizing the rule of law and accountability. The ICC's jurisdiction, particularly through UN Security Council referrals, overrides state consent, challenging traditional notions of immunity. The article posits that states must adhere to their treaty obligations, such as the Rome Statute, and cannot unilaterally opt out for political expediency, reinforcing the …
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform,
2025
Peking University School of Transnational Law
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon
Cardozo International & Comparative Law Review
The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.
From One Stolen Generation To Another: Replicating Trevorrow In American Courts,
2025
Benjamin N. Cardozo School of Law
From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman
Cardozo International & Comparative Law Review
The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.
Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict,
2025
Benjamin N. Cardozo School of Law
Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug
Cardozo International & Comparative Law Review
The note examines the ongoing conflict over Western Sahara, focusing on Morocco's claims of sovereignty and the international legal framework upholding the Sahrawi people's right to self-determination. It critiques Morocco's historical arguments and advocates for increased U.N. intervention to prevent escalation, while also suggesting political compromises, such as Morocco's autonomy plan, to resolve the dispute.
Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study,
2025
Benjamin N. Cardozo School of Law
Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale
Cardozo International & Comparative Law Review
The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.
Masthead & Table Of Contents,
2025
Schulich School of Law, Dalhousie University
Methane Removal Under The Paris Agreement,
2025
Columbia Law School, Sabin Center for Climate Change Law
Methane Removal Under The Paris Agreement, Romany M. Webb
Sabin Center for Climate Change Law
In the 2015 Paris Agreement, the international community agreed to “strengthen the global response to climate change” by limiting the “increase in global average temperatures to well below" 2 degrees Celsius above pre-industrial levels, and ideally to 1.5 degrees Celsius. As recognized in the Agreement, to stay within these limits, global greenhouse gas emissions must be rapidly reduced, “so as to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century” — a situation commonly described as “net zero.” The need to reach net zero has prompted growing …
Bonehead Non-Proliferation Redux,
2025
Georgetown University Law Center
Bonehead Non-Proliferation Redux, David A. Koplow
Georgetown Law Faculty Publications and Other Works
Since the publication of my 1993 Fletcher Forum article “Bonehead Non-Proliferation,” three vitally important international developments regarding nuclear weapons have materialized. First, the 1968 Nuclear Non-Proliferation Treaty, an essential linchpin for global security, was extended by its parties in 1995 into a permanent agreement—a tremendous outcome that was not certain when my original article was published. Second, the Comprehensive Test Ban Treaty, globally prohibiting all nuclear explosions, was concluded in 1996—my article focused on the imperative for crafting such an instrument. Third, a group of distinguished senior U.S. government security officials succeeded in reviving the concept of the complete abolition …
Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach,
2025
Singapore Management University
Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article examines the intricate dynamics of community representation and stakeholder influence in the realm of international investment law. More specifically, it considers the most effective method by which to operationalise the concept of the ‘social licence to operate’ when attempting to resolve investor-state disputes. By utilising disputes relating to China’s Belt and Road Initiative as a case study, it is shown that the social impact of foreign investment projects is often a catalyst for arbitration claims. Community interests are insufficiently represented at the stage of procurement or admission of investment, which has led to violent clashes between investors and …
Friction Points Between The Eu Data Act And Wto Law,
2025
PhD Candidate, KU Leuven, Institute for International Law
Friction Points Between The Eu Data Act And Wto Law, Pedro R. Borges De Carvalho
Indian Journal of International Economic Law
It has been noted that many of the provisions of the EU Data Act are protectionist in character, seemingly designed to guard data as a national resource to be explored by EU actors first and foremost, and not to be exported, to the detriment of third-country companies. To international trade treaty partners, most notably the United States, it may seem as though the EU’s policy of digital sovereignty, in its current contours, risks violating WTO Law, which is premised on ideals of global free trade and comparative advantage. This essay analyses the most problematic provision of the Data Act in …
The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward,
2025
Ministry of Foreign Affairs of the Republic of Indonesia
The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra
Indonesian Journal of International Law
On 19 July 2024, the International Court of Justice (ICJ) rendered a historic ruling which declared that Israel’s presence in the Occupied Palestinian Territory (OPT) is unlawful. While this historic Advisory Opinion on the Legal Consequences Arising from Israel’s Policies and Practices in the OPT, including East Jerusalem (Advisory Opinion) should be celebrated, much more needs to be done in order to fully realize the decisions contained therein. This article presents an overview of the Republic of Indonesia’s legal arguments submitted to the ICJ concerning the request for an Advisory Opinion. Indonesia, a staunch supporter of the Palestinian cause, contends …
