International Law Commons^™

The Oberlin Saga: Integrating North America’S Pipeline System And Potential Impacts On Hydrogen, Samuel Stephens

University of Miami Inter-American Law Review

This Article explores how the D.C. Circuit’s decision in City of Oberlin, Ohio v. FERC (2022) (Oberlin II) will impact future natural gas pipelines and potentially even future hydrogen infrastructure. While the decision reinforced support for integrating North American natural gas infrastructure, given uncertainties in how the United States will regulate the emerging hydrogen industry, there is a chance that the decision could be more expansive than what initially meets the eye. By continuing down the path of supporting North American energy integration, Congress, federal courts, and administrative agencies will help prepare the United States for an uncertain energy future. …

Shareholders’ Agreements In Public Corporations In Chile: What Are We Missing Out?, Gonzalo Islas, Osvaldo Lagos, Iván Cerda

University of Miami Inter-American Law Review

Shareholders’ agreements are quite common in many jurisdictions. Theory and empirical evidence suggest that they may have a positive or a negative impact on corporate governance structures depending on companies’ characteristics and on the goals that these contracts pursue. Shareholders’ agreements may be used as Control Enhancement Mechanisms (CEM) allowing controllers to circumvent rules that favor minority investors. However, comparing to other CEM, in many countries information regarding them is scarce. Is it necessary that shareholders’ agreements in public corporations be fully informed?

We examine the case of Chile (a country that only requires to inform that a shareholder agreement …

The Holocaust's Legacy: Influencing Jewish Political Identity, Jordan Eskew

Undergraduate Honors Theses

This thesis addresses the intricate relationship between the historical persecution of the Holocaust and its enduring influence on contemporary Jewish political engagement, a subject of significant contemporary relevance in political and international relations. Despite broad recognition of the Holocaust’s impact, the specific ways in which its memory affects Jewish political attitudes and actions around the world in the modern day have not been sufficiently thoroughly examined. Utilizing qualitative methods, including interviews with 20 individuals—public figures, Holocaust survivors, their descendants, and broader members of the Jewish diaspora— this study focuses on understanding the interplay between historical trauma, community cohesion, and the …

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Courthouse Doors Are Closed To Foreign Citizens For International Law Torts Committed By American Corporations, Gisell Landrian

University of Miami Inter-American Law Review

This Note examines the intersection of corporate accountability, human rights violations, and legal recourse for victims of child slavery in the cocoa industry inspired by the Court’s decision Nestle USA, Inc. v. Doe. This decision further limited the scope of the Alien Tort Statute, hindering the plaintiffs’ quest for justice for international human rights violations. The Note analyzes the decision in Nestle USA, Inc. v. Doe through (1) an examination of the Court’s limitations on the Alien Tort Statute and (2) an analysis of the Canadian Supreme Court’s decision in Nevsun.

A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe

Minnesota Journal of Law, Science & Technology

No abstract provided.

Dispossession Is Nine-Tenths Of The Law: Understanding How Property Law Is A Tool Of Dispossession Of Fundamental Human Rights, Kathryn Schulte

Immigration and Human Rights Law Review

The United States government’s systemic dispossession of Native peoples’ land and resources violates international law under the United Nations Declaration of Rights of Indigenous Peoples’ (UNDRIP). It is not a coincidence that the U.S. government has failed to adopt UNDRIP as binding domestic legislation, but a means to maintain the racist status quo upon which the country’s property laws were created. It is imperative that the United States legally recognizes the rights of Native People in order to provide justice for the millions wronged by the violence of settler colonialism. This article will begin with an introduction to the history …

Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, Lauren Schwab

Immigration and Human Rights Law Review

Universal jurisdiction is a tool that allows States to prosecute perpetrators of heinous crimes, even when the crimes are seemingly unrelated to the prosecuting country. While the principles of universal jurisdiction are not a new concept, the frequency at which universal jurisdiction is used has rapidly increased. The explanation for this explosion in the use of universal jurisdiction is a direct product of the extradition of Chilean dictator Augusto Pinochet to Spain for war crimes and genocide. While Pinochet’s case ended long ago, the impact it left on the international legal community will live on for decades to come. This …

Advancing Human Rights Education In The United States: A Call For Action In The Public Education System, Shannon M. Conroy

Immigration and Human Rights Law Review

Human rights education is education about, through, and for human rights. In 2004, the United Nations General Assembly implemented the World Programme for Human Rights Education. The World Programme provides global coordination for human rights education and promotes a common understanding of human rights education. Over the last twenty years, the United States failed to implement either federal or state human rights education programs. This article examines the academic and international discussion about human rights education for students in the United States, and argues for the need for stronger human rights education in public primary, secondary, and higher education institutions …

Decriminalization Of Sex Work In The United States: Protecting The Right To Bodily Autonomy And Health, Taiylor Ryan

Immigration and Human Rights Law Review

Despite the legalization and reluctant acceptance of pornography and sites like OnlyFans, the United States continues to criminalize sex work. While the work that sex workers perform is similar to that of pornography or OnlyFans, sex workers are not afforded the same protections under the law. As a result of criminalization, sex workers are forced to work in unsafe conditions. Fear of facing criminal charges keeps sex workers from turning to the police when they need help or need to report a crime. Criminalization also adds to the stigma surrounding sex work, creating barriers that prevent sex workers from receiving …

Gender Pay Gap: Human Rights Violations Against Mexican Women Under The Cedaw And Udhr, Valerie M. Garcia

Immigration and Human Rights Law Review

The gender pay gap is an ongoing reality for women in Mexico, where domestic human rights commissions have reported it to be 76.5% as of 2023. As one of the Latin American countries with the highest gender pay gap, this paper analyzes the extent of government efforts to narrow the gap throughout different presidential administrations. Contemporaneously, the role of cultural machismo in Mexican society was examined to determine its impact on legal drafting and application for the benefit of women. The findings showed that cultural machismo and a passive government have impeded the closing of the gender pay gap and …

Brotherhood Or Bloodshed?: The Deprivation Of Human Rights Through Hazing Rituals, Emma Kalucki

Immigration and Human Rights Law Review

Hazing has claimed the lives of hundreds of victims and is inflicted upon thousands more each year. Governments worldwide have worked to create laws prohibiting hazing and punishing those who inflict abuse upon others. But they have not worked hard enough.This article explores the human rights violations normalized through the continued, widespread practice of hazing. It first dives into the history of hazing practices within the United States, Portugal, and Thailand, focusing on hazing occurring within universities and affiliated organizations. Next, through an examination of national and international laws, this article criticizes the lack of each respective government’s action to …

Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese

Genocide Studies and Prevention: An International Journal

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of …

25 (2024) Masthead

San Diego International Law Journal

No abstract provided.

Has Russia Killed Article 2(4)? Evaluating The Effectiveness Of The Prohibition Of The Use Of Force In The Conduct Of International Affairs, Dr. Graham Melling

San Diego International Law Journal

The February 24, 2022 invasion of Ukraine by Russia represents an unambiguous breach of the United Nations Charter´s prohibition of the use of force. The significance of the prohibition of the use of force between States cannot be overstated and is recognised in practice and legal doctrine as being “one of the core values of the international community”. However, argument has been made that the United Nations Charter´s rules prohibiting the use of force are no longer relevant to the conduct of international affairs, especially involving major powers. It could be argued that by their conduct States have repudiated the …

Is Organized Gambling A Threat To The Integrity Of Transnational Individual Sport Competitions?, Ilias Bantekas

San Diego International Law Journal

Match-fixing is egregious at the mid and lower tiers of professional and semi-professional individual sports, particularly, if not exclusively, where the relevant governing body allows real time gambling of matches and tournaments at these lower tiers. Evidence demonstrates that in sports such as tennis and badminton, the bulk of the prize money is distributed to a small minority of athletes at the top tier and instances of match-fixing there are rare as a result. There are, however, many thousands of athletes at the lower tiers that are unable to make ends meet and whose expenses far outweigh any meagre prize …

Equity And Sustainable Development Under Climate Regime Of Bangladesh, Mahatab Uddin

San Diego International Law Journal

Equity and Sustainable Development are two important guiding principles of the international climate regime formed under the umbrella of the United Nations Framework Convention on Climate Change (UNFCCC) 1992. All international legal instruments concluded under the climate regime, including the recently adopted Paris Agreement, have acknowledged these two principles as their guiding principles. Consequently, all countries or parties to the UNFCCC and Paris Agreement require integrating these two principles with their national level climate change related laws and policies. Bangladesh, as a party to the UNFCCC and all other subsequent instruments including the Paris Agreement, is also required to incorporate …

Outsmarting Smart Devices: Preparing For Ai Liability Risks And Regulations, Kathryn Bosman Cote

San Diego International Law Journal

As AI technology continues to advance rapidly, establishing a new model for AI regulation will be crucial to protect both companies and consumers. The U.S. must consider consumer safety as well as innovation-conducive policies when assigning liability to AI. By using EU regulatory guidance as a starting point, this paper argues that a multi-tiered liability scheme coupled with a Uniform AI ethical framework and the creation of an independent AI regulatory agency would aid the U.S. in striking the right balance to effectively combat the risks posed by AI and IoT.

Help The People Help The Governments Help The Planet: Using Markets To Meet The Goals Of The Paris Agreement, Rachel Braby

San Diego International Law Journal

The urgency of the climate challenge requires that we address it in every way we can. Yet, current domestic regulations are insufficient to rise to the occasion, and there appears to be no plan geared toward harnessing the power of collective consumer action to supplement government efforts and push industries in the private sector to engage in greener practices. A majority of developed nations have mixed market-driven economies, and in such economies, consumers have immense power to drive change. Paris Agreement nations with mixed market-driven economies should incorporate a strategic plan in their next NDCs that “represent[s] a progression” beyond …

Free Speech Censorship In The Philippines: The Push To Decriminalize Libel, Carter Cordura

San Diego International Law Journal

Philippine criminal libel law is unjustly being used to suppress and censor the media and press; libel should be decriminalized and redefined to uphold the ideals of due process and freedom of expression enumerated in the Philippine Constitution.

This Comment takes a deep dive into Philippine libel law and argues for its decriminalization and redefining from an international perspective.