International Law Commons^™

Understanding Disputes Over Digitalization: A Perspective Of Cross-Border Central Bank Digital Currencies, Heng Wang

Emory International Law Review

In a rapidly digitalizing world, complex disputes arise due to technological, regulatory, and other complexities. Public and private actors—including central banks, financial institutions, tech firms, and law firms—need to understand the complexity of these disputes before determining whether and how to engage with ongoing digitalization.

Given the fundamental role of currency in the world economy, this article examines central bank digital currency (CBDC) as a pivotal case study. CBDCs, representing the digitalization of central bank money, are a novel digital form of national currency issued by central banks. Various central banks, including those of the Eurozone, Switzerland, the United …

A Taste Of Armageddon: Legal Considerations For Lethal Autonomous Weapons Systems, Paul R. Williams, Ryan Jane Westlake

Case Western Reserve Journal of International Law

Lethal Autonomous Weapons Systems (LAWS) represent a profound shift in the nature of warfare, where machines, not humans, make life-or-death decisions on the battlefield. While these weapons offer strategic advantages, such as reducing human casualties and increasing operational efficiency, they also introduce significant legal, ethical, and accountability challenges. This Article explores the complexities surrounding the proliferation and use of LAWS, arguing that a total ban is unlikely due to the widespread accessibility and benefits these technologies offer to those who deploy them. Rather, this Article proposes the application of strict liability—traditionally a tort law concept—to the developers of LAWS as …

"Old" Law For A "New" Frontier: The Sufficiency Of International Humanitarian Law In Outer Space, Christian Jorgensen

Case Western Reserve Journal of International Law

As military capabilities and activities continue to expand into outer space, questions arise as to whether new legal frameworks are necessary to govern armed conflict beyond Earth. This Article argues that existing international humanitarian law (IHL) principles, including distinction, proportionality, necessity, and humanity, remain sufficient to regulate military operations in space. Rather than drafting new black-letter rules, states should focus on interpreting and applying current law in light of the unique characteristics of space warfare, including the enduring dangers of space debris and the widespread civilian reliance on satellite infrastructure. This Article examines the applicability of IHL in outer space, …

Cyberbullying As A Contemporary Human Rights Violation Of Youth In Digital Media: A Study Of India, Brazil, And South Africa, Laura Ferla Tuma

American University International Law Review

The COVID-19 pandemic facilitated a technological migration not only among adults but also among children and adolescents. Digital media became the alternative for young individuals to maintain their activities, especially school-related ones. They shared virtual classrooms, used the internet for entertainment, and were forced to socialize exclusively in digital environments for months. Connected time increased, and the world witnessed a new phenomenon: hyperconnectivity.

Holding Out For Better Weather: Foreign Aid And The Principle Of Humanity In Armed Conflicts And Natural Disasters, Nicholas Schwartz

American University International Law Review

This Comment examines the doctrines of international humanitarian law and international disaster response law, two different sets of rules that govern the same situation: humanitarian concerns in the wake of a large-scale cataclysm. International humanitarian law is as old as history itself and has a stout body of law, both in terms of treaties and recognized customary international law. International disaster response law has only crystallized as a concept over the last two decades and is underdeveloped and largely unacknowledged.

Foreign aid, implored by the principle of humanity, is critical to assisting the plight of populations when a domestic government …

La Interculturalidad Como Estrategia Para Contribuir A La Igualdad Y No Discriminacion De Los Pueblos Originarios En El Derecho A La Educacion Superior: El Caso De Argentina, Julian Ariel Madrid Moreno

American University International Law Review

Argentina es un país que se ha comprometido a cumplir diferentes tratados internacionales de derechos humanos, sin embargo, desde hace muchos años, y con mayor intensidad en el presente, existe desigualdad y discriminación racial en la educación superior Argentina. En un reciente informe elaborado por la Organización de las Naciones Unidas para la Educación, la Ciencia y la Cultura (UNESCO) demuestra que el mencionado país no está garantizando ni fomentando herramientas suficientes para que los pueblos originarios puedan acceder a la educación superior de manera igualitaria y sin discriminación, menoscabando gravemente sus derechos fundamentales.

In The Shadows Of Sovereignty: An Analysis Of The Legality Of The Memorandum Of Understanding Between Ethiopia And Somaliland, Nathan Yost

American University International Law Review

This Comment examines the legality of the Memorandum of Understanding (MoU) between Ethiopia and the unrecognized territory of Somaliland. It analyzes whether Somaliland satisfies the criteria for statehood under the Montevideo Convention and argues that the MoU is valid despite Somaliland’s lack of formal recognition. The Comment also evaluates Ethiopia’s obligations under customary international law and its commitments to the United Nations and African Union, addressing concerns about Somalia’s territorial integrity while affirming Somaliland’s right to self-determination. The Comment will begin by providing an overview of Somaliland’s bid for statehood and the strategic motivations behind the MoU. It will then …

No Right To Exclude: The European Union’S Reparative Migration Obligations, Steffi Colao

American University International Law Review

In this article, I unify the diverse but related ways that scholars, activists and people on the move have demanded migration as a form of reparations. I first compare (mostly U.S.-based) theoretical arguments for migration as a form of reparations for colonization, military occupation, and climate harm. I then turn to international legal traditions of reparations to highlight the ways that reparative migration might be actualized in response to human rights violations. 

Looking at EU and international legal standards on remedies, I show how these arguments are not necessarily radical but, in fact, could be at least partially possible under …

On Blockchain As A Tool Against Corporate Corruption, Yannis Normand

Northwestern Journal of International Law & Business

Over the last decades domestic and international legal frameworks have successfully coalesced to limit corrupt behavior worldwide. However, despite their success, current regulatory tools are not sufficiently well-equipped to address corruption in modern economic settings. These mechanisms can often be too costly to implement, too cumbersome to induce compliance, politically manipulatable, and may disincentivize foreign investment and internal corporate monitoring efforts. To address such drawbacks, policymakers should consider the introduction of blockchain-based tools in developing future anti-corruption efforts.

Blockchain can serve as a foundation for structures that can make it more attractive, easier and cost-efficient to monitor economic transactions, to …

The Independence And Impartiality Of The Court Of Arbitration For Sport, Gianna Flammini

Northwestern Journal of International Law & Business

This paper discusses the structure of the Court of Arbitration for Sport (CAS) and its process for adjudicating disputes by looking through the lens of the recent Jordan Chiles case. The intertwined history of CAS and the International Olympic Committee, CAS’s lack of structural independence, its policies that strongly favor one side in disputes, and its lack of sufficient conflict of interest procedures demonstrate that CAS is a flawed arbitral body that does not properly safeguard the interests of athletes. The landmark European Court of Human Rights case, Case of Mutu and Pechstein v. Switzerland, ruled that CAS was sufficiently …

Does It Take Four To Tango In The Regulatory Competition For Global Listings? Comparing Regulations On Dual Class Shares Among Singapore, Hong Kong, Mainland China, And Taiwan, Chang-Hsien Tsai, Luke Hung-Yu Chuang, Hui Wang

Northwestern Journal of International Law & Business

We provide a comparative analysis of regulatory competition among Singapore, Hong Kong, Mainland China, and Taiwan regarding the process, purpose, and actual results of deregulating Dual-Class Share (“DCS”) structure. The comparative analysis focuses on the role of regulatory competition in the convergence or divergence of DCS-structure regulations. To attract unicorn companies and China Concept Stock (“CCS”) companies to choose public offerings in regional exchanges, Hong Kong, Singapore, and Mainland China sequentially announced their amendments to listing rules, particularly in 2018, to allow public offerings of DCS-structure companies while considering their preference for the ownership structure of unicorns. We employ theories …

“There Is No Fashion On A Dead Planet:”1 How A Mandatory Reporting Directive Shared By The Us And The Eu And Centered On Transparency Could Be The First Step To Increased Sustainability In The Fashion Industry, Adrienne Redman

Northwestern Journal of International Law & Business

The fashion industry hangs on self-expression and individualism, yet our methods of consumption and their resulting environmental impacts are far from an individualistic concern. This paper examines the global fashion industry’s substantial contribution to pollution, resource-depletion, and waste as evidence that the self-regulation model is insufficient to curb the environmental footprint of the industry. Self-regulation presumes that consumer awareness and the desire to purchase sustainably will be enough to limit the industry’s environmental impact. However, this presumption is undermined by a lack of standardized and enforceable regulations necessary for consumer-decision making. Instead, greenwashing and deceptive environmental claims have pervaded the …

The Failings Of Post-War Japanese Antitrust Reforms, Gregory Hayes

Northwestern Journal of International Law & Business

This paper discusses the antitrust reform measures taken during the occupation of Japan following the end of World War II. These antitrust reforms included the dissolution of the zaibatsu business groups and the adoption of the Antimonopoly Act. However, the trust-busting and antitrust measures taken by Japan failed to prevent the eventual rise of keiretsu business groups and lower the concentration of corporate ownership in Japan. The primary reasons behind this failure were the inability of the reformers to fully dismantle the zaibatsu business groups and the changing priorities of the reformers due to the growing threat of the spread …

The Ai Act Manipulation Gap, Claire Boine

Emory International Law Review

The European Union’s Artificial Intelligence Act (AI Act) represents a significant step in regulating AI technologies, but this paper argues that its provisions on manipulation are critically under-inclusive. Through a comprehensive analysis of AI-enabled manipulation and the current EU legal framework, this paper offers an account of how the AI Act’s narrow focus on subliminal techniques and purposeful manipulation fails to address the full spectrum of AI-driven manipulative practices.

The paper develops its argument in four parts. First, it provides an overview of AI-enabled manipulation, highlighting its unique characteristics and the structural changes it introduces to democratic processes. Second, it …

Determining The Content And Meaning Of Foreign Law: The Approach Of The New Third Restatement Of Conflict Of Laws, Christopher A. Whytock

Emory International Law Review

No abstract provided.

Agency And Private International Law – An Exercise In Comparative Law, Dennis Solomon

Emory International Law Review

No abstract provided.

Talking Foreign Policy: "75th Anniversary Of The Geneva Conventions", Talking Foreign Policy (Radio)

Case Western Reserve Journal of International Law

"Michael Scharf: Welcome to “Talking Foreign Policy,” the quarterly radio show and podcast produced by Case Western Reserve University and Ideastream Public Media.2 I’m your host Michael Scharf, Dean of Case Western Reserve University School of Law.3 Today we’re going to be talking about the need to update the seventy-five-year-old Geneva Conventions on the Law of War in light of the twenty-first century developments related to autonomous weapons, cyber warfare, and space war, as well as responding to modern-day terrorist groups. I’ve assembled an allstar panel of experts for today’s conversation."

The 1949 Geneva Conventions At 75: Examining The Place Of Non-State Armed Groups, Ezequiel Heffes

Case Western Reserve Journal of International Law

When the 1949 Geneva Conventions were adopted seventy-five years ago, the armed conflict landscape was very different from the one we currently observe. Back then, although non-State armed groups (NSAGs) existed, their regulation was considered to fall (almost exclusively) under the relevant territorial State’s internal laws. Nowadays, on the contrary, every time the international community discusses the application of international law to armed conflict, questions emerge about the role, status, and behaviors of NSAGs. Due to their involvement in the majority of armed conflicts, NSAGs have become immovable actors of the international humanitarian legal scene. Many of these queries arise …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

An International Law Of The Emotions, Emily Kidd White

All Papers

Talk of the emotional or affective turn in international law is relatively recent though it tracks and echoes several other critical methods movements, including the turn to history, in the study of international law and, so too, a two-decade long wave of law and emotions research in several domestic legal systems. The affective turn in international law in several instances aims to critique a post-Cold War optimism that held out the promise that a rules and reason-based international order would work to abate war, and secure peace, prosperity and efficient capital flows. As outlined by the editors of this volume …