International Law Commons^™

To Trade Or Not To Trade, Joseph Mizrahi

Cardozo International & Comparative Law Review (CICLR) Blog

A free trade policy is one in which there is minimal or no government influence on the import and export of goods and services. Free trade agreements are deals entered into between multiple nations to reduce impediments and barriers on imports and exports between them. Under these agreements commerce in goods and services can occur with reduced or no tariffs, quotas, or other inhibitions. The concept of free trade which these agreements is the opposite of trade protectionism, under which countries work to protect their interests with tariffs.

This post was originally published on the Cardozo International & Comparative Law …

Ceasefires, Proportionality, And International Law Of Armed Conflicts: The Legal Implications Of Israel’S Ground Invasion After Signing A Ceasefire With Palestine, Emma Lee

Cardozo International & Comparative Law Review (CICLR) Blog

Israel signed a ceasefire with Palestine on January 17, 2025, after 15 months of war following Hamas’ attack on Israel on October 7, 2023. During the initial attack, Hamas killed more than 1,200 people and seized 251 Israeli hostages. A key part of the ceasefire involved the return of these hostages.

This post was originally published on the Cardozo International & Comparative Law Review on May 03, 2025. The original post can be accessed via the Archived Link button above.

The Future Of International Ecosystem-Based Conservation, Gwyneth Zinan Chen

Cardozo International & Comparative Law Review (CICLR) Blog

One does not have to search on the internet to conclude that our home, Earth, had greatly changed since its birth approximately 4.6 billion years ago. Perhaps, what is the most obvious is how our Earth went from being blue, green, and brown landscapes to a world of concrete jungles. Inevitably, there will be biodiversity and habitat loss. Biodiversity loss, as defined by United Nations office for Disaster Risk Reduction “refers to the reduction of any aspect of biological diversity (i.e.., diversity at the genetic, species and ecosystem levels) in a particular area through death (including extinction), destruction or manual …

Private Military Contractors: Assessing Their Impact On U.S. Military Effectiveness And Ethical Standards, Otabek Akromov

Undergraduate Research Symposium Lightning Talks

Background & Objectives:

• Scale of outsourcing: >180,000.00 troops
• Major providers: Blackwater and DynCorp •
• Research focus: magnitude of impact

Butterfly Effects: Women And Criminal Law, Pavithra Rajendran

Washington International Law Journal

Through a comparative analysis of the criminal laws of Sri Lanka and the United States, this paper examines how Sri Lanka’s legal framework on sexual offenses often hinders women’s access to justice and reinforces systemic gender discrimination. Recognizing the structural constraints inherited from older common law traditions, it underscores the potential for reform through targeted, gradual changes, drawing on developments in modern common law in the United States and relevant international legal standards. The discussion unfolds in three parts: first, a feminist critique of exiting criminal laws in postcolonial; common law systems such as Sri Lanka’s; second, a comparative analysis …

Taiwan: Legal Status, Legitimacy, And Lawfare, Monica Glenzer

Washington International Law Journal

This paper seeks to offer a fresh perspective into the Chinese Communist Party’s (“CCP”) implementation of lawfare to assert dominance over Taiwan. Rather than viewing lawfare as one doctrine with one outcome, this paper aims to reorganize lawfare in its many uses, identifying the three primary categories that the CCP uses to extend its sovereignty over Taiwan: (1) using law to legitimize a nation’s own goals, (2) using law to delegitimize an adversary’s actions, and (3) weaponizing an adversary’s laws. This paper seeks to analyze and recharacterize current and historical events in terms of these three lawfare categories, demonstrating how …

China's Experiment Of Dual-Class Equity Structures: Regulatory Frameworks And Investor Protection, Sang Yop Kang, Terry Ling

Washington International Law Journal

Mainland China traditionally upheld the one-share-one-vote (OSOV) principle. Since 2019, however, Chinese authorities have introduced the dual-class equity structure (DCES) for innovative enterprises. Due to investor-protection concerns, China’s DCES operates on a “stringent approval system,” with only eight corporations listed under DCES as of December 31, 2024. This Article provides a comprehensive policy analysis of the Chinese DCES system, including empirical analyses of the eight existing cases. It explores legal and economic aspects of investor protection within China’s DCES, examining “three sets of investor safeguard measures”: (1) “three numerically specified rules” (e.g., 10% equity rule, 10-time voting-right rule, and 2/3 …

Justifying The Law Of Unjust Enrichment: A Confucian Perspective, Siyi Lin

Washington International Law Journal

In a wide range of situations, the law in different jurisdictions requires that a person who has been unjustly enriched at another’s expense make restitution to the other. However, what justifies the liability for unjust enrichment? This fundamental question has perplexed unjust enrichment scholars, especially in the common law world, for decades, with various justificatory ideas being proposed while no consensus has been reached. This article explores the justification of the law of unjust enrichment within the context of China’s historical, legal, and social frameworks for the first time. A historical review reveals that the notion of unjust enrichment has …

Fragmentation Of International Cybercrime Law, Mailyn Fidler

Utah Law Review

Cybercrime is global. But legal approaches to combating cybercrime have been fragmented. The first such multilateral legal mechanism, the Budapest Convention on Cybercrime, was launched in 2001 and positioned by its primarily Western drafters as a global instrument. But it has struggled to achieve full international uptake. Instead, many states have used regional organizations to create their own legal mechanisms addressing cybercrime and cybersecurity threats. More recently, the UN Convention on Cybercrime has emerged as an alternative to this fragmented landscape. But the emergence and significance of this “convergent” option cannot be understood without the context of the deep fragmentation …

Population: The Who Of Biodiversity Law, Andrew W. Torrance, Bill Tomlinson

Texas A&M Journal of Property Law

This Article investigates the impacts of human population, including distribution and growth, on biodiversity at every level—the biosphere, ecosystems, communities, populations, and individual organisms. It assesses how legal frameworks around the world address the pressures of human population on biodiversity. This Article explores how factors such as population size and migration contribute to biodiversity loss, with a focus on diverse regions around the globe. This Article offers a comparative overview of population-related laws in regions including North and South America, Europe, Oceania, Asia, and Africa. Key legislation, like the U.S. National Environmental Policy Act, the UK’s Environment Act 2021, …

Comparative Analysis Of Legal Systems: Unraveling The Key Distinctions Between The United States And Spain, Lucy Vanover

Finance Undergraduate Honors Theses

This paper explores the key differences between self-defense laws in the United States and Spain, two countries with distinct legal frameworks. In the U.S., self-defense is governed by a variety of laws that discuss the scope of reasonable force and apply this framework on the basis of precedent. In contrast, Spain, under the Civil Code, applies a more unified approach to self- defense.

Second Report On Immunity Of State Officials From Foreign Criminal Jurisdiction By Claudio Grossman Guiloff, Special Rapporteur, Claudio Grossman

Research Reports & White Papers

In keeping with the approach adopted by the Special Rapporteur in his first report, the purpose of the present report is to make proposals for the modification of the draft articles and commentaries, where necessary, on the basis of the comments made by States. It is also intended to complement the draft articles and commentaries with references to new developments in international law that have taken place since the draft articles were adopted on first reading. The scope of the present report will be limited to the text of draft articles 7 to 18 and the draft annex, as well …

Overharvesting: The Why Of Biodiversity Loss, Andrew W. Torrance, Bill Tomlinson

Texas A&M Journal of Property Law

This Article examines the consequences of overharvesting biodiversity, focusing on its detrimental effects on biodiversity—on the biosphere, ecosystems, communities, populations, and individual organisms. It evaluates legal mechanisms designed to protect biodiversity from overharvesting and also considers legal mechanisms that lead to overharvesting to the detriment of biodiversity. The Article compares regulations and laws from multiple jurisdictions, including Europe, Oceania, Asia, Africa, and the Americas, and analyzes how these regulations and laws seek to curb overharvesting. Examples include the United States’s Endangered Species Act, Canada’s Wild Animal and Plant Protection Act, and the European Union’s Marine Strategy Framework Directive. International conventions …

Pollution: The What Of Biodiversity Loss, Andrew W. Torrance, Bill Tomlinson

Texas A&M Journal of Property Law

This Article examines the damage to biodiversity caused by anthropogenic pollution at all levels—to the biosphere, to ecosystems, to communities, to populations, and to individual organisms. It also analyzes pollution control laws across the globe and their efficacy in mitigating or preventing harm to biodiversity. The analysis covers all forms of pollution—air, water, and land—that threaten biodiversity, noting both improvements and ongoing challenges in different regions. The Article provides a comparative study of diverse jurisdictions, including North America, Europe, Oceania, and Asia. It scrutinizes pivotal legislation such as the United States’ Clean Air Act, the UK’s Environment Act, and the …

Breaking The Black Box: The Impact Of The 2023 Changes To The Japanese Penal Code On Rape, Lee Smith

Washington International Law Journal

In 2017, the Japanese penal code was amended to broaden protections for victims of sexual assault. However, pressure mounted for further protections after several decisions on cases involving rape shocked the nation in 2019. In 2023, the penal code was amended again including to raise the age of consent to 16 and broaden the definition of rape to include nonconsensual sexual acts. This comment examines the history of rape law in Japan, introduces challenges that victims of sexual assault face when trying to seek justice, and analyzes the first cases determined under the amended code. Finally, it looks to the …

Koxinga: The Catalyst Of Taiwan's Current Geopolitical Conflict, Lauren Masterson

Honors College Theses

Taiwan, strategically located in the South China Sea, has long faced challenges in asserting its sovereignty. While much of the existing scholarship focuses on the 20th-century conflict between the Chinese Nationalist Party (Kuomintang) and the Chinese Communist Party, this study turns to the mid-17^th century to trace the roots of the island’s contested status. It centers on Zheng Chenggong (1624–1662), also known as Koxinga, who established the Ming loyalist Kingdom of Tungning in Taiwan (1661–1683) following the fall of the Ming dynasty. By examining Koxinga’s actions and the legacy he left behind, this research draws parallels between his retreat …

The Effectiveness Of International Courts In Contributing To Rebuilding And Resolving Conflicts In Societies Post-Genocide, Garrett Connely

Theses/Capstones/Creative Projects

In the aftermath of mass atrocities, international courts have emerged as key mechanisms for delivering justice and fostering post-conflict reconciliation. Rooted in the precedent set by the Nuremberg Trials after World War II, these institutions aim to prosecute crimes that often go beyond national legal systems. However, their effectiveness remains contested, largely due to their dependence on state cooperation and the complexity of post-conflict environments. This project examines the societal impact of international courts in two significant cases – Rwanda and the former Yugoslavia. Through a comparative analysis of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal …

An International Prosecutor As U.S. Special Counsel, Cody Corliss

Utah Law Review

The appointment of Jack Smith to investigate then-former President Donald Trump brought to the fore the essential qualities for special counsels who act when a conflict of interest precludes investigation by the Department of Justice. Most attention on Smith centered on his domestic work and its correlation with a special counsel’s responsibilities. That emphasis, however, obscured the most salient line on his resume: international investigator and prosecutor. The conclusion of Smith’s tenure as special counsel following the election of Donald Trump to a second term as president provides an opportunity to consider the skills and qualifications that matter most in …

Reframing Genocide, Anjali Mohan

Utah Law Review

Genocide has recently taken center stage in international affairs. Both Israel and Hamas and Russia and Ukraine have accused one another of committing genocide or having genocidal aims, and each side has denounced allegations against themselves. The legal accuracy of these accusations depends, inter alia, upon whether the allegedly genocidal acts were committed with “intent to destroy,” as required by the Genocide Convention. Courts and commentators nearly all assume that the “intent to destroy” describes an individual’s internal mental state and the mens rea of the crime of genocide.

In this Article, I argue that this individualistic interpretation of genocide …

Symbiotic International Law: Combatting Uyghur Forced Labor, Preston Jordan Lim

Utah Law Review

Since 2017, the Chinese government has launched a campaign of repression against the Muslim Turkic minorities of Xinjiang, a region located in China’s Northwest. While most scholars have focused on the mass internment of Uyghurs and other minorities, this Article highlights an under-discussed aspect of China’s campaign: the construction of a sophisticated forced labor system. Minority forced labor supplies key sectors of the global economy—from the automotive to the energy sectors—and allows Chinese companies to outcompete foreign firms. The unprecedented scope and sophistication of what I term the “modern Xinjiang forced labor system” imperils the very future of the international …