International Law Commons^™

Protection Of Male And Female Sexed Children From Genital Cutting: Making Sense Of Recent Legal Developments, J. Steven Svoboda

Cardozo Journal of Equal Rights & Social Justice

The article critically examines the disparate legal treatment of female genital cutting (FGC) and male genital cutting (MGC), arguing for a more consistent approach that recognizes both practices as violations of bodily integrity. It highlights the ethical and legal inconsistencies in how these practices are viewed and regulated, advocating for a unified legal framework that prioritizes consent and the rights of the individual.

The Abuse Of Neutrality, Rebecca Ingber

Articles

Neutrality law is a musty and obsolete body of international law that nevertheless rears its creaky head now and again in dangerous ways, most recently in the Russia-Ukraine conflict. The law of neutrality is a study in contradictions. It is obsolete yet remains on the books in treaties and military manuals. It purports to keep the peace and protect non-warring states yet today is invoked to expand conflict and protect aggressors. The legal benefits of neutrality have been entirely overtaken by other regimes. And yet neutrality law has not lost its luster despite losing its value. Instead of letting it …

Introduction: In Honor Of Professor Megan A. Fairlie, Antony Page

FIU Law Review

No abstract provided.

Provisional Release At International Criminal Courts And Tribunals – Lessons Learned?, Ava Schuster, Göran Sluiter

FIU Law Review

This article builds on Professor Meghan Fairlie’s earlier critique of pre-trial detention practices at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Fairlie identified significant shortcomings in safeguarding the right to liberty and the presumption of innocence of detainees, arguing that the Tribunal’s approach was inconsistent with international human rights law (IHRL). Fifteen years later, how has the International Criminal Court (ICC) addressed these concerns? While the Rome Statute introduces notable improvements, including an explicit commitment to IHRL, the Court’s practice still heavily favors detention over liberty. A key issue remains the ICC’s reliance on State cooperation for provisional …

Attendant Circumstances: A Reflection On Professor Megan A. Fairlie’S Mentorship, Casey Waldeck

FIU Law Review

No abstract provided.

The Complete Bibliography Of Professor Megan A. Fairlie

FIU Law Review

No abstract provided.

The North American Gap Ungulates Must Migrate Physically And Legally: Elk As A Case Study, Alex Wendlandt

Wyoming Law Review

Humans have tracked elk hoof prints in North America since ancient times, recognizing the significance of these migratory ungulates in culture, mythology, dietary value, and utility. As migratory ungulates, elk respond to changes in their environment by migrating to and from their summer and winter ranges. Today, elk migrations continue across the jurisdictional boundary of the northern United States and southern Canada, spreading ecological and economic benefits with each track they make. Unfortunately, ungulate migration is an “endangered phenomenon” due to loss of connectivity and loss of habitat. While the United States and Canada have acknowledged the importance of, and …

Prof. Peter Hay: Private International Law’S Transatlantic Bridge, Patrick J. Borchers

Emory International Law Review

No abstract provided.

From Litigation To Arbitration: Empirical Insights Into The Dmca Notice-And-Takedown System In Cross-Border E-Commerce Copyright Disputes, Baichuan Huang

Emory International Law Review

In cross-border disputes, the Digital Millennium Copyright Act (DMCA) notice-and-takedown system’s reliance on federal litigation as its final step faces serious procedural obstacles. An empirical analysis of twenty-four lawsuits filed in the Southern District of New York (SDNY) reveals non-appearing defendants, protracted proceedings, and Amazon’s occasional reinstatement of infringing products based on statutorily defective counter-notices. SDNY’s routine approval of email service on foreign defendants raises additional concerns about treaty violations and inconsistent application of legal standards. To address these inefficiencies, this Comment proposes a public, arbitration-like mechanism as an alternative to litigation. While private arbitration models—such as Amazon’s Patent Evaluation …

Table Of Contents, Administration, Faculty, Submission Information

South Carolina Journal of International Law and Business

No abstract provided.

Navigating The Seas Of History In International Law, Valentina Vadi

South Carolina Journal of International Law and Business

Inquiries into questions of time, history, and international law have recently come to the fore. So far, however, many studies have only examined developments in international law from a temporally and thematically fragmented, brief, and narrow perspective. Due to international law’s growing normative and institutional fragmentation and emphasis on specific crises, episodes, and events, many analyses focus on transient trends and particular facets of international law. This study suggests an alternative to these constrained viewpoints: a thorough, multilayered, and broad perspective to questions of international law, drawing on Fernand Braudel’s tripartite theory of time.

Braudel’s theory of time provides valuable …

Lambat Asal Selamat: The Slow But Safe Twenty-Five Year Recalibration Of Personal Bankruptcy In Malaysia, Jason J. Kilborn

South Carolina Journal of International Law and Business

A popular Malay proverb advises, “[L]et it be slow, as long as it is safe” (biar lambat asal[kan] selamat),1 combining the sentiments of two similar English proverbs: “haste makes waste,” and “slow and steady wins the race.” These principles certainly seem to have guided Malaysian lawmakers in the quarter-century, multistage development of the most important element of modern bankruptcy law: the discharge. Adopted in 1967,2 Malaysian bankruptcy law has long included a very limited debt discharge, but as it left more and more economically debilitated debtors in perpetual bankruptcy limbo, policymakers became dissatisfied with leaving a huge and growing mass …

Implementation Of Uniform Competition Protocol In African States: Best Foot Forward In The Optimization Of The Afcfta, Ndubuisi Augustine Nwafor

South Carolina Journal of International Law and Business

Before the emergence of the Protocol to the African Continental Free Trade Area Agreement on Competition (AfCFTA Competition Protocol), there was no unified competition framework to regulate the African Continental Free Trade Area. What existed was a fragmentation of regional competition frameworks created along regional economic ties, characterised by confusing overlaps and multiple memberships. In addition to the fragmented approach, Africa was not represented at the global level when leading competition institutions from other regions made decisions on anticompetitive conduct with worldwide implications. Adopted by the African Union (AU) in 2023, the AfCFTA Competition Protocol challenges the existing situation. It …

Upholding The Absolute Prohibition Of Torture: Afchpr On Detention In Tanzania, Aly Orvis

Human Rights Brief

On September 3, 2024, the African Court on Human and Peoples’ Rights (AfCHPR) rendered its decision in Habyalimana Augustino and Muburu Abdulkarim v. United Republic of Tanzania. The case involved two Burundian nationals who, as refugees in Tanzania, were implicated in a murder-for-hire scheme. This scheme was allegedly orchestrated by Mama Mboya—the wife of a high ranking commanding officer who suspected the victim of having an affair with her husband. Convicted in 2007, the applicants were sentenced to death by hanging. In their petition to the AfCHPR, they argued that they had been subjected to torture and inhumane conditions at …

How Pretrial Detention Deprives A Child’S Access To Education: The Convention On The Rights Of The Child And The Juvenile Justice Reform Act, Abby Groetsch

Human Rights Brief

Although the United States (“U.S.”) has not ratified the Convention on the Rights of the Child, which specifically outlines the rights of juvenile defendants, the Supreme Court’s interpretation of the Fifth and Fourteenth Amendments provides implicit rights for children accused of criminal acts. In 1967, the Supreme Court decided In re Gault, definitively establishing that the Due Process Clause of the Fourteenth Amendment applied to juvenile defendants. The Supreme Court has also stated that children should be treated differently than adults, outlining different sentencing requirements for crimes committed while a person is under the age of eighteen.

Humanitarian Interventions On The Crossroads Of Legality And Legitimacy, Asya Gasparyan

Human Rights Brief

In an era marked by persistent geopolitical conflicts and recurring human rights crises, the discourse surrounding humanitarian interventions (“HI”) and the role of the United Nations in this complex arena is of paramount importance. The pressing need to address mass atrocities, including ethnic conflicts and political unrest, highlights the legal and moral dilemmas associated with humanitarian interventions.

Kobaliya V. Russia: Curtailing Civil Society Through Labels Of Foreign Influence., Alida Blendonohy

Human Rights Brief

In a January 2025 judgment, the European Court of Human Rights (“ECtHR”) held in the case of Kobaliya and Others v. Russia that the application of Russia’s foreign agent legislation violated Articles 8, 9 and 10 of the European Con­vention on Human Rights (“ECHR”) which pro­tect the rights to freedom of expression, freedom of association, and respect for private and family life.

In Kobaliya, the ECtHR assessed Russia’s foreign agent legislation, its evolution since 2012, and its increasing restrictiveness. In its initial 2012 enactment, the law applied to nongovernmental organizations (“NGOs”) that participated in political activity with foreign funding, …

The Icj’S Ineffective Judgment Over Chile And Bolivia Disputes, Go, Rochel

Santa Clara Journal of International Law

No abstract provided.

The 2025 Case For An Iran Nuclear Deal, Rinder, Madison

Santa Clara Journal of International Law

Iran’s nuclear program threatens U.S. national security interests. Despite calls for a revived or new nuclear agreement, recent efforts have been unsuccessful. Without an agreement, the United States, Iran, and other regional states risk escalation beyond the ongoing conflicts in the Middle East. To ameliorate the risks of proliferation and worsening conflict in the region, the United States should revive or conclude a new nuclear agreement with Iran. This Article proposes “incasting” which demonstrates Iran’s receptivity to such an agreement. Ultimately, Congress must also assert its authority over U.S. termination of nonbinding nuclear agreements to ensure their durability long-term.

Realizing Rights To Development And Healthy, Safe, Sustainable Environment In Global And Local Climate Actions Affecting Small Island Developing States, Desierto, Dr. Diane A.

Santa Clara Journal of International Law

This paper presents new empirical research on two fronts: 1) the individual and collective normative and international legal commitments voluntarily assumed by States in the international system to assist in responding to small island developing States’ (SIDS) deeply intertwined ecological vulnerabilities resulting from climate change alongside prevailing socio-economic challenges since decolonization; and 2) the incipient, but also fast escalating record of international, regional, and local jurisprudence on climate change reparative measures that courts, tribunals, and other adjudicative bodies have issued in relation to the vulnerabilities of small island developing States. Based on the interdisciplinary research of both the Notre Dame …