International Law Commons^™

The Allure Of Trade And Sustainable Development Chapters, Jeesae Kim

Michigan Journal of International Law

Beginning in 2011, the European Union (“EU”) began to include independent Trade and Sustainable Development (“TSD”) chapters in its trade agreements. These chapters seek to protect international labor standards, environmental laws, and corporate social responsibility practices within the scope of the EU’s trade agreements. Trading states that sign onto TSD chapters are meant to engage in ongoing dialogue regarding the substantive commitments outlined in the chapters. If one of the states fails to uphold its substantive commitments, the other state may invoke a unique enforcement mechanism contained within TSD chapters. But unlike arbitration proceedings for non-TSD trade disputes, the TSD …

Rewriting Precedent: How International Adjudicators Influence Compliance, Jeffrey Kucik, Lauren Peritz, Sergio Puig

Michigan Journal of International Law

International cooperation depends on adaptation to changing conditions. International dispute settlement bodies can play a key role in maintaining cooperation over time. Evidence suggests that when legal bodies successfully adapt the law through the reinterpretation of rules, they can promote state compliance. However, this process is incremental and may not happen quickly enough, which can lead to backlash against international courts. In this article, we analyze these dynamics at the World Trade Organization (“WTO”), the global institution regulating international trade. Relying on data and case studies, we show how the Appellate Body modified its interpretations to promote compliance. Because this …

Economic Sanctions As Legal Ordering, J. Benton Heath

Michigan Journal of International Law

This article recovers a critical episode in the history of economic sanctions and considers its implications for international legal order. Beginning in 1905, a group of Chinese citizens launched a series of protests targeting American, British, and Japanese goods. These boycotts caused economic damage, disrupted international relations, and at times won significant political victories. At the same time, they captured the imaginations of peace advocates, lawyers, and scholars, who saw in the boycotts either a fundamental threat to legal ordering, a promising avenue for enforcing interstate peace, or, most radically, an engine for new kinds of political organization outside the …

Thc Meets Gnh: Considering Cannabis Policy In Bhutan Through A Gross National Happiness Lens, Jay D. Wexler, Sonam Tshering

Faculty Scholarship

The legal status of cannabis remains a contentious issue globally, with countries adopting divergent approaches to the drug, ranging from strict prohibition to full legalization. In Bhutan, a nation deeply rooted in the holistic philosophy of Gross National Happiness (GNH), cannabis is currently classified as a controlled substance under domestic drug laws. This paper explores the question of whether Bhutan should change its laws regarding cannabis by analyzing decriminalization’s potential impact on Bhutan’s unique justice system, considering GNH principles and the prevalence of wild cannabis growth in the nation. The research will focus on whether Bhutan’s current approach to cannabis …

Extraterritorial Jurisdictions: Implementation Of Foreign Public Officials In United States, United Kingdom, And Indonesia, Jamin Ginting, Raden Febriarto Fadjar, Patrick Talbot

Indonesian Journal of International Law

Cross-border business transactions have the potential to be corrupted, especially in the form of bribery committed by actors from different countries and within different jurisdictions. The Indonesian Corruption Law has not regulated how to criminalize Indonesian public officials or certain private companies who bribe officials in other countries or vice versa. Although Indonesia has ratified the United Nation Convention Against Corruption, it has not adopted provision on bribery of foreign public officials. Among the international community, the regulations for bribery of foreign public officials have been started by the US Foreign Corrupt Practices Act of 1977. The United Kingdom also …

The International Court Of Justice And Clean Hands Doctrine: Shifting Approach With Reference To The Certain Iranian Assets Case, Atul Alexander, Tanay Khanna

Indonesian Journal of International Law

States have often invoked the clean hands doctrine (CHD) before the International Court of Justice (ICJ). The prevailing practice among States is to invoke the CHD with the purpose of deeming the assertions of the opposing State as impermissible or challenging the jurisdiction of the court. While the ICJ has constantly refused to uphold any argument based on the CHD, there are judges whose individual opinions have upheld the validity of the CHD. A common trend that is witnessed in cases where the courts have agreed or rejected the applicability of the CHD is when the application is not based …

The Need For The Enactment Of Prize Law Legislation In Indonesia, Pornomo Rovan Astri Yoga

Indonesian Journal of International Law

Indonesia is a peace-loving nation. However, maintaining independence is more precious than maintaining peace. Therefore, Indonesia will always be ready to maintain its independence at any cost, including war. Indonesia claims itself as a maritime nation. All of those facts disregard the point that Indonesia lacks legislation regarding the law of naval warfare. This is particularly true in the case of the prize law. There are no single laws, statutes, or even procedures that govern the prize law in times of armed conflict at sea. The practice of the prize law has also been lacking since Indonesia’s independence in 1945. …

Persistent Collaboration: Between International And Indonesian National Law On The Utilization Of Earth Orbit, Deden Habibi Ali Alfathimy, Runggu Prilia Ardes

Indonesian Journal of International Law

This paper examines the legal issues surrounding the utilization of Earth orbit as a valuable and finite resource for Indonesia and other countries by exploring the monism-dualism debate in the context space law discourse in Indonesia. The study starts with the discussions on monism and dualism in Earth orbit regulations. Then, the article explains relevant legal matters on space activities and the varying stances of some States before subsequently discusses legal divergences in Indonesia. The analysis of the article discloses both consistency and inconsistency between Indonesian national and international space law. The findings of this paper reveal that under the …

Problems Of Obligation To Use Indonesian As Trademarks Against International Principles Concerning Words As Mark, Hosiana Daniel Adrian Gultom, Agus Sardjono, Henry Soelistyo Budi, Untung Yuwono

Indonesian Journal of International Law

The Paris Convention and Trademark Law Treaty (TLT) have emphasized the importance of distinctive characteristics of words as marks. The TRIPs have stated that trademarks are signs with distinguishing power and one of the elements are words. There are two doctrines related to the distinguishing power of words, namely the likelihood of confusion and dilution. There are also eight categories of words as trademarks with distinctive power that are recognized internationally. Indonesian trademark law has regulated distinctive characteristics of wordmarks in relation to words that cannot be registered as trademarks and words whose application for registration has been rejected. This …

The Implications Of Un Security Council Resolutions In Shaping The Dynamics Of The Palestinian-Israel Peace Process: The Israel-Hamas War As A Case Study, Awara Hussein Ahmed, Hemn Shawkat Ali

Indonesian Journal of International Law

The Israeli war on Gaza on 7 October 2023 has raised questions regarding the effectiveness of international institutions in promoting peace and security. The Security Council (SC) plays an important role in global conflict resolution. The Council's response to the bloody war in Gaza has been the subject of scrutiny, causing many to question its competence and impact on global stability. Therefore, this study aims to examine the participation and influence of the United Nations Security Council (UNSC) in shaping the dynamics of the Israel-Palestinian conflict, with a particular focus on the recent military conflict between Israelis and Palestinians in …

The Potential Escalation Of Strategic Partnership Conflicts In The Indo-Pacific Region From The Aukus Trilateral Defense Pact, Yodia Adriatami Edwina, Yossica Ariatami Edwina

Indonesian Journal of International Law

The aggressiveness demonstrated by China in the South China Sea has caused instability and tension in military conflicts within the Indo-Pacific region. This aggressiveness was specifically demonstrated with the aim of controlling the sea in the region and considered a threat to maritime security, In an effort to balance the Indo-Pacific region against the aggressive attitude of China, the Trilateral Defense Pact agreement was made by Australia, United Kingdom, and United States. Despite the presented advantages associated with the effort, it is important to state that the agreement has raised concerns in Indonesia regarding its implications for maritime stability and …

التجنُّس عن طريق الاستثمار دراسة مقارنة طبقاً للمرسوم بقانون إماراتي رقم (3) لسنة 2020 والتشريعين المصري والأردني

UAEU Law Journal

Abstract

This study deals with nationality by investment in accordance with the Decree by Federal Law No. (3) of 2020, which amends certain provisions of Federal Law No. 17 of 1972 regarding nationality and passports in the UAE, particularly through Article (9) bis. Since naturalization is one of the directions for obtaining citizenship, the above-mentioned article dealt with the permission to grant citizenship to certain categories which includes, investors, entrepreneurs, specialized professionals and talented people in accordance with the terms and conditions set by the executive regulations of this law, our study focuses exclusively on the investor category for whom …

Double Standards? A Comparative Analysis Of Eu And Us Refugee Policies, Jensen Bee

Cardozo International & Comparative Law Review (CICLR) Blog

The disparity in treatment between Ukrainian and Syrian refugees has raised important questions about the consistency and fairness of international refugee protection frameworks. While both the European Union (EU) and United States have established comprehensive legal mechanisms for processing asylum seekers, their practical application reveals concerning inconsistencies in how different refugee populations are treated. This analysis examines these disparities and their implications for international refugee law.

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 above.

State Obligations To Prevent Torture, Madeline Cohen

Cardozo International & Comparative Law Review (CICLR) Blog

The right to be free from torture is firmly recognized in international law. Freedom from torture has been enshrined in many foundational United Nations (U.N.) documents since it was founded in 1945. In 1948, The United Nations Declaration of Human Rights (UNDHR) was approved by the U.N. General Assembly. Article 5 of UNDHR states that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” All 193 member-states of the U.N. have pledged to comply with this obligation.

This post was originally published on the Cardozo International & Comparative Law Review on January 21, …

Cross-Border Patent Enforcement: Navigating The Evolving International Landscape, Yena Hong

Cardozo International & Comparative Law Review (CICLR) Blog

In our increasingly interconnected world, the enforcement of patent rights across international borders has become a critical issue for innovators, businesses, and legal professionals. Recent developments in global patent law and patent enforcement mechanisms highlight the ongoing challenges and emerging strategies in this complex field. This article examines the current state of cross-border patent enforcement, focusing on key challenges, recent initiatives, and future trends.

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 above.

Louboutin Lawfare: Exploring Conceptions Of Sanctions' Utility Through Export Controls On Luxury Goods, Vinita R. Singh

Northwestern University Law Review

There is widespread consensus amongst scholars that sanctions—the deliberate withdrawal of customary trade and financial relations—do not work. Despite this perception, states are deploying sanctions at an increasing rate. This Article explains this paradox by arguing the predominant notion of sanctions’ utility employed by scholars is unduly constrained, narrowly focusing on the ability of such measures to modify the behavior of sanctioned parties while disregarding the alternative benefits this instrument can deliver. To support this argument, this Article uses export controls on luxury goods deployed in connection with the Russo–Ukraine War as a case study. Under prevailing perceptions of sanctions’ …

Digital Humanitarianism: An Interview With Fleur Johns, Louis Ravn, Fleur E. Johns

Critical Humanities

In this interview, Fleur Johns elucidates the central themes of her recent book #Help: Digital Humanitarianism and the Remaking of International Order. Situating her research alongside well-established critical analyses of digital platforms and algorithms, Johns elaborates on the distinctive characteristics of digital humanitarianism, how these can be studied through digital interfaces, and the politics of Big Tech’s involvement in this transformation of humanitarianism. Most importantly, the interview sheds light on Johns’s infra-disciplinary theoretical-methodological approach that seeks to transcend traditional disciplinary boundaries, resulting in her unique fusion of critical data/algorithm studies, international legal scholarship, and social theory. Based on this, …

Book Review, Jens Meierhenrich, The Violence Of Law: The Formation And Deformation Of Gacaca Courts In Rwanda (2024)., Mark A. Drumbl

Scholarly Articles

In The Violence of Law, Jens Meierhenrich—currently professor of international relations at the London School of Economics and Political Science—offers a detailed, erudite, and encyclopedic analysis of the gacaca system.

Legalist Realism, Mark A. Drumbl

Scholarly Articles

This essay explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of "legalist realism." Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and …

Fragmentation Of International Cybercrime Law, Mailyn Fidler

Law Faculty Scholarship

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 …