International Law Commons^™

Drone Attacks And The Failure Of Securitisation In Pakistan, Satvinder S. Juss, Sahib S. Juss

Notre Dame Journal of International & Comparative Law

No abstract provided.

Deep Seabed Mining: What Is To Be Done About The Regulatory Lacuna?, Katherine Reece Thomas

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 14, Issue 3 - Full Issue, Notre Dame Journal Of Int'l & Comparative Law Volume 14

Notre Dame Journal of International & Comparative Law

No abstract provided.

Religious Courts And Tribunals In Africa: An Overview, Mark Hill Kc

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Barrett Cole

Notre Dame Journal of International & Comparative Law

No abstract provided.

Global Guidance For Just Transition Policy: Policy Brief, Anna Dell'amico, Martin Dietrich Brauch, Lara Wallis, Alexandra A.K. Meisea

Columbia Center on Sustainable Investment

In 2015, the International Labour Organization (ILO) adopted Guidelines for a Just Transition Towards Environmentally Sustainable Economies and Societies for All, providing authoritative and valuable international guidance for just transitions. CCSI has conducted a comparative analysis of the application of the ILO Guidelines in South Africa and Germany and examined the extent to which the ILO Guidelines address energy transition challenges facing developing countries.

This CCSI Policy Brief summarizes the comparison between South Africa’s and Germany’s just transition policies and the ILO Guidelines. It also summarizes CCSI’s findings and recommendations to shape further guidance on just energy transition policymaking from …

Global Guidance For Just Transition Policy, Anna Dell'amico, Martin Dietrich Brauch, Lara Wallis, Alexandra A.K. Meisea

Columbia Center on Sustainable Investment

In 2015, the International Labour Organization (ILO) adopted Guidelines for a Just Transition Towards Environmentally Sustainable Economies and Societies for All, providing authoritative and valuable international guidance for just transitions. CCSI has conducted a comparative analysis of the application of the ILO Guidelines in South Africa and Germany and examined the extent to which the ILO Guidelines address energy transition challenges facing developing countries.

The CCSI report, Global Guidance for Just Transition Policy, provides detailed context on South Africa’s and Germany’s national socio-political and energy conditions and policies, and comprehensively examines the legal and policy instruments adopted by both countries …

A Nuremberg Woman And The Hague Academy, Diane Marie Amann

Scholarly Works

This article, which forms part of the journal's special review series marking the centenary of the Hague Academy of International Law, draws from the author's ongoing research into the roles that lawyers and other women professionals played at post-World War II trials. The article focuses on the life of one “Nuremberg woman,” Dr. Aline Chalufour, who attended the Academy in 1937 and again in 1957. In between, she worked in what is now Vietnam as a colonial schoolteacher, in Canada as a Free French propagandist for de Gaulle, at Nuremberg and Hamburg as a war crimes prosecutor, and in France …

Criminalizing Ecocide, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Amid widespread acknowledgment that we live on a planet in peril, the term “ecocide” packs a powerful rhetorical punch. Extant regulatory approaches to environmental protection feel insufficient in the face of the triple threat of climate change, pollution, and biodiversity loss. International criminal prosecution for ecocide, by contrast, promises to meet the moment, and a recent proposal to introduce ecocide into the canon of core international crimes is gaining traction. Assuming the push to criminalize ecocide continues to gain momentum, this Article argues that the primary (and perhaps, sole) benefit that international criminal law can offer in this context is …

Questionable Arbitrator Habits, Robert H. Smit

Faculty Scholarship

International arbitrators do some things in conducting arbitrations, that tend to go without saying, but that I struggle to accept without question. I speak not of major procedural missteps that run afoul of principles of due process or of procedural “best practices” codified in soft law instruments like the IBA Rules on the Taking of Evidence. Rather, I speak of some of the smaller, uncodified procedural behaviors — procedural habits, I call them — that international arbitrators adopt within the confines, and between the interstices, of those codified due process and soft law “best practice” parameters. I speak of widely …

Balancing Local Community Interest And International Responsibilities In The Context Of The Expulsion Of Rohingya Refugees In Aceh, Muhammad Havez, Ninin Ernawati, Diva Pitaloka, Ahmad Rosidi, Joko Jumadi

Indonesian Journal of International Law

At the end of 2023, a group of refugees that came to the Aceh region committed several acts of misconduct that shocked Indonesia. Such acts included throwing away rice that was given to them by the Acehnese residents, who did so as an act of kindness. However, the refugees disappointed the Acehnese residents with their response. Due to this, the Acehnese residents insist on expelling the refugees from their area, but the local government needed clarification in order to determine their position. On one hand, it is important to take note of the concerns of the Indonesian people, however, there …

Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin

Indonesian Journal of International Law

This study aimed to address the causes of systematic and repeated violence, extortion, torture, and persecution of Rohingya minority in Myanmar. Rohingyas were forcibly displaced from their land several times starting in 1978 to the border of Bangladesh by the Tatmadaw and the Buddhist majority. According to the United Nations (UN), within one and a half months after the exodus on 25, August 2017, Rohingyas had fled across the border, which was the largest refugee migration from Myanmar to Bangladesh. A total of 104 Rohingyas were surveyed using a structured questionnaire to investigate the causes of the mass violence. The …

Climate Change Refugees: Striving For An Established Definition For Broader And Better Management, Ayub Torry Satriyo Kusumo, Anugerah Adiastuti

Indonesian Journal of International Law

According to the Inter-governmental Panel for Climate Change (IPCC) 2021, The increase in global warming has accelerated the pace at which glaciers melt, thereby leading to a mass migration of people. The United Nations High Commissioner for Refugees (UNHCR) reported that approximately 21.5 million people migrated to more decent places due to climate or geographical conditions. This category of people are often called climate refugees and when the apply for international refugee status, it is declined due to the inability to meet the established criteria outlined by the International Refugees Convention. Unfortunately, the phenomena associated with climate refugee have not …

'Othering' Of Refugees: An Anti-Thesis To Right Against Discrimination, Jasmeet Gulati

Indonesian Journal of International Law

The process of ‘othering’ and the basis of ‘otherness’ separates marginal from the mainstream and is generally construed as discrimination amongst different social groups. The paper discusses the concept of ‘othering’ with specific reference to the rights of refugees, their plight in the country of refuge, and the attitude of national governments while dealing with the rights of refugees in compliance of international obligations. The process of characterizing refugees as ‘others’ in the host country directly affects their basic rights, which would otherwise be granted to them being refugees under international refugee law. Thus, discrimination stems from the very perspective …

Singapore Convention: Should Indonesia Ratify It?, Ahmad Rifa'i, Dimas Ramadhansyah

Indonesian Journal of International Law

As cross-border trading develops, there is an increasing need for an effective dispute resolution system to solve disputes on business transactions. Mediation is a well-established method of efficient alternative dispute resolution that was recently internationally recognized under a specific treaty. The United Nations General Assembly took a resolution to adopt the United Nations Convention on International Settlement Resulting from Mediation (“Singapore Convention”). The Indonesian government has tried to boost foreign investment, but such efforts have been delayed due to a legal enforcement issue, which requires a legal reform to provide certainty for investors by providing a seamless and internationally recognized …

Implementation Of Iso 14001 Standard By World Trade Organization (Wto) Based On Technical Barriers To Trade (Tbt) Agreement And Its Practices In Indonesia, Ferdi Ferdi

Indonesian Journal of International Law

The implementation of the ISO 14001 standard by the World Trade Organization (WTO) has been regulated in the Technical Barriers to Trade (TBT) Agreement (Annex 1A WTO). ISO 14001 is an Environmental Management Standard (EMS) issued by the International Organization for Standardization (ISO). ISO is one of the organizations that determine the international standard. The standard set by ISO has been utilized to equalize the standard of the WTO members in world trade (Preamble TBT Agreement). The WTO is an international organization regulating world trade to ensure it flows smoothly. TBT oversees that the technical regulations and standards, including packaging, …

Collective Attribution In Cyberspace: A Rebranded Version Of Attribution Does Not Make It More Effective, Dan Efrony

International Law Studies

The international community has been unsuccessful in establishing an effective legal framework for holding States accountable for cyber wrongdoing. Instead, official political attribution—collectively denouncing States for irresponsible conduct in cyberspace—has become a common substitute to encourage compliance with voluntary non-binding international norms. Since December 2017, the United States and United Kingdom, along with their closest allies, have embraced and implemented collective attributions and responses. They thereby seek to shape “rules of the road” for responsible State behavior in cyberspace and to enhance accountability and deterrence. However, these attributions rely primarily on the outcomes of American and British attribution processes that …

Consulting To Avoid Kessler, Madison Walker

Space and Defense

The consultation obligation of Article IX from the Outer Space Treaty may be used to create a framework for sharing space situational awareness data, globally, with the intention of facilitating enduring coordination agreements for collision avoidance.

Protecting The Cosmos: Defining Celestial Bodies In The Outer Space Treaty, David Epstein

Space and Defense

Lack of a clear definition of the term “celestial bodies” as used in the 1967 Outer Space Treaty risks exporting legal and political conflict into the cosmos. *This essay is updated from a previously published version and appears here by permission of the Journal of Space Law at Ole Miss.

Masthead, Table Of Contents & Introduction, Genevieve Renard Painter, Liam Mchugh-Russell

Dalhousie Law Journal

The short reflections in this Dalhousie Law Journal symposium, “Thinking With and Against Pierre Schlag,” run in many directions. Somewhere in these pages, readers will find knowledge, provocation, distraction, and humour. Above all, though, the collection brings together five legal scholars to celebrate Pierre’s oeuvre, reflect on the ways it has inspired their own work, and examine how Pierre’s scholarship embodies the limits that it was pushing against. Pierre has graciously provided a response to round out the issue and set us all straight.