International Law Commons^™

The International Copyright System And Development: The Role Of The World Intellectual Property Organization, Faith O. Majekolagbe

Vanderbilt Journal of Transnational Law

No abstract provided.

Cross-Border Cyber Operations: Targeting Healthcare As Unlawful Intervention In The Affairs Of States, Priya Urs

Vanderbilt Journal of Transnational Law

No abstract provided.

Ultra-Slow Responses To The Ultra-Fast Fashion Problem: Combatting Forced Labor In The Global Apparel Industry With Due Diligence And Customs Regulations, Cameron Watts

Vanderbilt Journal of Transnational Law

No abstract provided.

Legal Instrument Under The “Asean Way”: The Case Of Asean Convention Against Trafficking In Persons, Made Wirawan, Dian Novikrisna

Indonesian Journal of International Law

This study was mainly raised because of the contradictory situation between ASEAN’s informal practices, embodied in the ASEAN Way, and the emergence of the ASEAN Convention against Trafficking in Persons (ACTIP) as a legal instrument for the basis of formal cooperation. Hence, it is important to understand the current situation of the ASEAN Way on a legal instrument by examining how ACTIP conforms with the ASEAN Way principles and influences its compliance. Drawing on the concept of legalization as discussed by Abbott et al. (2000), the research employs a qualitative method and a case study approach to analyze ACTIP’s provisions …

Assessing Inclusivity Vs. Exclusivity: Impacts On Asean Trade Facilitation And Human Security, Ika Riswanti Putranti, Hardi Warsono, Valeria Paganizza, Dedi Abdul Hadi, Muhammad Faizal Alfian, Muhammad Subhan, Anjani Tri Fatharini, Maula Hudaya, Muhammad Arief Zuliyan, Dewi Setiyaningsih

Indonesian Journal of International Law

The ATIGA (Association of Southeast Asian Nations Trade in Goods Agreement) is an evolution of economic cooperation among ASEAN member countries which began in 1977 with the PTA (Preferential Trade Agreement) embryonic concept and was developed in the 1990s with the CEPT (Common Effective Preferential Tariff). It has driven a significant increase in intra-trade and external trade in the Southeast Asian region. The agreement was to establish a free trade zone that provides the concept of “preferences” by reducing tariff and non-tariff barriers for member countries in order to encourage regional economic growth through trade creation and trade diversion is …

De-Centrality Of Asean Law To Address Us-China Rivalry In The South China Sea, Salawati Mat Basir, Saidatul Nadia Abd Aziz

Indonesian Journal of International Law

Evolving Southeast Asian geopolitics offer opportunities and risks. Central to the global East-West sea route of communication and rich in land and sea resources, this region has been a geopolitical hub since ancient times. The key question is whether China's strategic actions weaken US-ASEAN relations and has an impact on regional powers. This highlights the Association of Southeast Asian Nations’ (ASEAN) importance in regional stability. This study employs qualitative research that collected data through descriptive, analytical, and case studies. ASEAN is facing challenges in effectively handling the rivalry in the Indo-Pacific area. It also has the capability to manage uncertainty …

Analysis Of The Implications Of The Water Convention And Protocols For Water And Health, Ester Indahyani Jusuf, Tiurma Mangihut Pitta Allagan, Tris Eryando

Indonesian Journal of International Law

Many international conventions contain positive values for humanity, which are in line with the human rights values guaranteed by our country’s constitution. The Indonesian state constitutionally guarantees the right of every Indonesian citizen to live a healthy and prosperous life, including providing water for every Indonesian citizen. However, it turns out that the Indonesian State has so far chosen not to ratify or access the Water Convention and the Water and Health Protocol, the contents of which are the good intentions of the countries participating in the convention to maintain the availability and quality of world water. This article provides …

Single Maritime Boundary And Dual Maritime Regimes: Case Study Of Indonesia, Bebeb Abdul Kurnia Nugraha Djundjunan, Huala Adolf, Achmad Gusman Siswandi, Damos Dumali Agusman

Indonesian Journal of International Law

Various judgements of international tribunals have shown a trend of the use of Single Maritime Boundary (SMB) in solving maritime boundary disputes. The application of SMB by international tribunals are based on the submission of the parties in dispute, typically to simplify the maritime boundary delimitation process. The concept of the SMB line, which puts the Exclusive Economic Zone and Continental Shelf boundaries into one line, has grown into a deceptive perspective when taking into account that the provisions under the 1982 UNCLOS, particularly Articles 74 and 83, are the same. The application of SMBs is likely to be disadvantageous …

Domestic Implementation Of International Law In Indonesia And Thailand, Retno Kusniati, Prasit Aekaputra, Nhonlaphat Pitpiboonpreeya

Indonesian Journal of International Law

This study aimed to examine the challenges related to domestic implementation of international law by comparing practices in Indonesia and Thailand. When both countries participated as State Parties to international treaties, this participation had legal consequences not only in the relationship with other states but also in implementing obligations under the relevant treaties through a transformation process governed by the Constitutions. Although most countries regulate the transformation of international treaties within the constitutions, Indonesia does not have the provisions. In contrast, Article 178 of the Thai Constitution provided a process for transforming international treaties into Thailand domestic law despite certain …

Nuclear Weapons And International Law: Existential Risks Ofnuclear War And Deterrence Through A Legal Lens, Kukin Program For Conflict Resolution, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2024–2025 Flyers

No abstract provided.

Book Talk: Nuclear Weapons And International Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Kukin Program For Conflict Resolution

2024 Event Invitations

Please join Visiting Clinical Instructor Brett Jones for an engaging book talk with Charles J. Moxley Jr., author of Nuclear Weapons and International Law: Existential Risks of Nuclear War and Deterrence Through a Legal Lens. Explore the critical legal challenges posed by nuclear weapons and the urgent need to reassess deterrence strategies through a legal perspective. This book talk offers a unique opportunity to hear from an expert in international law and gain insights into the legal pathways to reducing the risks of nuclear conflict in our time.

The U.N. Framework Tax Convention: Can It Bridge The North-South Divide?, Assaf Harpaz

Scholarly Works

The United Nations recently concluded the second session of negotiations on terms of reference for a framework convention on international tax cooperation. The framework convention presents an opportunity to multilaterally address pressing global tax issues. Its goal is to “strengthen international tax cooperation and make it fully inclusive and more effective.” The extensively negotiated terms of reference make several substantive commitments, including the fair allocation of taxing rights; tax evasion and avoidance by high-net worth individuals; sustainable development; mutual administrative assistance in tax matters; tax-related illicit financial flows; and prevention and resolution of tax disputes. The ongoing multilateral effort brings …

Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari

International Law Studies

China has sought to extend its control over the South China Sea at the expense of neighboring countries. In pursuing its goals, Beijing adopts a “power and law” approach, claiming extensive territorial and maritime rights in contravention of the UN Convention on the Law of the Sea and asserting these rights through coercive action in disputed waters. A key element of China’s strategy involves the use of coast guard and maritime militia vessels in an effort to portray its operations as measures of law enforcement, rather than displays of coercive power.

This article argues that the Chinese narrative of law …

Review Of Dialogue & Dissent: A Constitution In Search Of A Country Kenya, Robert M. Press

The Journal of Social Encounters

No abstract provided.

Neutral Business Assistance And The Limits Of Complicity Under International Criminal Law, Nikola R. Hajdin

Michigan Journal of International Law

Business transactions between corporations and actors involved in grave human rights violations present significant challenges for the assessment of corporate criminal liability. This is particularly evident in cases of “neutral business assistance,” which refer to business conduct that appears legitimate on the surface and falls within day-to-day business operations but nonetheless contributes to the crime. An example of neutral business assistance is selling generic goods (for example, computer technology) legally at market rates, without the explicit intent to aid criminal activity, that increases the perpetrator’s capacity to carry out human rights violations. In such cases, discerning the point at which …

Aggressor State, Aggressor Individual, And What International Law Does/Should Protect, Nurbanu Hayır

Michigan Journal of International Law

This note examines the measures taken against Russian citizens in the context of the Russo-Ukrainian War in positive international law and analyzes the rationale for sanctioning individual citizens of an aggressor state. It questions whether the gravity of state aggression by Russia enables measures targeting individuals based solely on their Russian citizenship by investigating whether the blanket denial of asylum and imposition of travel bans for Russian citizens constitutes a breach of norms of international law. It further tests this citizenship link by turning to the legality of denationalization of pro-Russian Ukrainian citizens under international law. Building on this foundation, …

China In Global Digital Trade Governance: Towards A Development-Oriented Agenda?, Yujia He, Ka Zeng

Patterson School of Diplomacy and International Commerce Faculty Publications

Existing literature on the behaviour of rising powers in global trade governance has yielded inconclusive evidence about their role and impact. This article contributes to this literature by examining China's role in global digital trade governance, an issue area which so far has not received sufficient scholarly attention. Specifically, it addresses the following question: as a self-proclaimed leader of the developing world in digital development, to what extent do its preferences and negotiation approach align with the interests of other developing countries? Analysing China's participation in three sets of negotiations using process tracing, the article argues that China's dual identity …

Taking The Lead On Climate Action And Sustainable Development: Recommendations For Strategic National Transition Planning At The Centre Of A Whole-Of-System Climate Response, Mark Manning, Riona Bowhay, Megan Bowman, Peter Knaack, Lisa E. Sachs, Agnieszka Smolenska, Fiona Stewart, Thomas Tayler, Perrine Toledano, Harald Walkate

Columbia Center on Sustainable Investment

As the global economy transitions to a just, low-emissions, climate-resilient, and nature-positive future, we can expect every sector to transform. However, systemic transformation requires strategic transition planning, effective coordination, and communication across the economy. To facilitate this, governments can play a decisive role by managing change and setting incentives and constraints for private actors. Similarly, private sector actors can enhance their corporate strategies and financing decisions to support this transition. Transition plans serve as a roadmap to transformation by outlining a strategic vision and identifying capital needs, external factors, and dependencies.

CCSI is collaborating with experts at CETEx, King’s College, …

The Evolution Of International Communications Technology And Foreign Intelligence Surveillance Regulation, Shaun B. Spencer

Nevada Law Journal

In October 2022, the Biden administration issued an Executive Order imposing limits on its interception of foreign citizens’ communications. This self-imposed limitation came nearly a decade after the Snowden disclosures and the resulting European Union opposition to transferring EU data to the United States. But prior disclosures of U.S. surveillance practices in the 1970s and 1980s had not produced enough international pressure to prompt the United States to impose restrictions on itself. This Article examines why the outcome was different after the Snowden disclosures. The Article returns to the origins of modern U.S. surveillance law in the 1970s and traces …

Child-Taking, Diane Marie Amann

Michigan Journal of International Law

A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done, and the children are lost. But that may be changing, as the International Criminal Court (“ICC”) is seeking …