International Law Commons^™

Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam

Indonesia Law Review

Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste …

The Ultimum Remedium Principal Formulation Policy Is Partial In Nature In Corporate Criminality In Indonesia, Ade Adhari, Pujiyono Pujiyono, Sidharta Sidharta, Indah Siti Aprilia

Indonesia Law Review

This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source of criminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in the fields of taxation, customs, excise and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required is fulfilling the obligation to pay off losses to state revenue, …

The Ideal Model For Countermeasures Of Sexual Violence In The Universities Environment, Airlangga Surya Nagara, Elisabeth Ayu Puspita Adi

Indonesia Law Review

This Cases of sexual violence are rife, including in universities. Data compiled by Komnas Perempuan shows that during 2015-2021, out of 67 reported cases of sexual violence against women, 35 cases occurred in universities. To overcome this, the government has issued the PPKS Permendikbud, and the TPKS Law. In fact, the existence of these regulations has not had a significant impact. It is proven that in 2022, there were 49 reports of sexual violence in universities received by the Ministry of Education and Culture's PPKS Working Group. Even as of May 2023, reports regarding sexual violence in universities are still …

What Is The Price Of Withdrawing From Investor-State Dispute Settlement Provisions In An Era Of Climate Conscious Policy? Comparing Latin America's Rejection Of Foreign Investor Control To The Fallout From The Energy Charter Treaty, Carrie Swiggum

Student Scholarship

This article examines Investor-State Dispute Settlements criticisms and intended benefits as it comes up in public law issues such as the Energy Charter Treaty. The treaty is the world’s largest multilateral treaty, with about 50 member countries, and the most litigated, with most cases decided by arbitration. There is criticism against an inability to modernize the treaty due to concerns regarding climate change as well as criticism against the investor-state dispute settlement system itself, because of arbitration’s secrecy and lack of public involvement. This article argues that countries should leave unilaterally as they have begun to do, avoiding the regulatory …

Advisory Opinion On Climate Change: Summary Of Written Observations Submitted To The Inter-American Court Of Human Rights (Part 1), Maria Antonia Tigre

Sabin Center for Climate Change Law

On January 9, 2023, the Foreign Ministers of Chile and Colombia requested an advisory opinion from the Inter-American Court of Human Rights (IACtHR) on the scope of state obligations for responding to the climate emergency under the frame of international human rights law and, specifically, under the American Convention on Human Rights. Within this context, the IACtHR received a total of 255 amicus brief submissions.

This report includes summaries of the amicus briefs submitted to the Court. Due to the number of submissions received and the short timeframe prior to the hearings, the report is divided into parts. This first …

"We Did That": The United States' Role In Preventing The Chagos Archipelago From Exercising The Right To Self-Determination, Diane Orentlicher, Morton H. Halperin

Scholarly Articles in Law Reviews & Journals

When I agreed to participate in a workshop engaging with Philippe Sands’ extraordinary book, The Last Colony, I expected to focus on the dilemmas lawyers confront when considering how to frame the wrongs their clients endured with a view to advancing redress. Inevitably, the choices to be made elevate some dimensions of victims’ experiences while downplaying and potentially sidelining others, however important in their own right. But my plans changed when I reached page forty-one of The Last Colony.

Ukraine V. Russia: A Case For Change In International Enforcement, Katy Malloy

William & Mary Law Review

A scant few territorial violations have occurred in the twentieth and twenty-first centuries, and those that have occurred generally prompted quick and unequivocal condemnation, as well as efforts to return to the status quo. Notable violations—the Six-Days War, the Turkish invasion of Cyprus, the Falklands War, Iraq’s invasion of Kuwait, and Russia’s annexation of Crimea—have prompted a short menu of international responses. The Six-Days War and the invasion of Crimea both prompted years’ worth of political criticism for Israel and Russia, respectively, as both nations have held onto at least parts of the lands seized. The Falklands War prompted almost …

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 7, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

What Figures Lurk On Madame Elysé’S Path? Reflections On Philippe Sands’ The Last Colony, Diane Marie Amann

Scholarly Works

One person’s life forms the core around which Philippe Sands’ The Last Colony explores the events leading up to the advisory opinion on the Legal Consequences of Chagos Archipelago from Mauritius in 1965. That person is Liseby Bertrand Elysé, who was born in 1953 in Chagos, then forcibly removed to Mauritius in 1973. Her efforts to return home eventually brought her to a 2018 hearing at The Hague, where she spoke to the International Court of Justice bench by means of a subtitled video. This essay, which appears in a symposium issue on Sands’ book, investigates the ethics, the effectiveness, …

The Last Colony Of The Mind: Narrative, Legal Advocacy, And The Decolonization Of Legal Knowledge, Ayodeji Kamau Perrin

Faculty Scholarship

Philippe Sands’ The Last Colony¹ tells the story of how Chagos Islanders won the right to return to the lands of their birth through a 2019 Advisory Opinion of the International Court of Justice (ICJ).² In 1965, while the United Kingdom stood in the midst of conceding to the independence claims of myriad anti-colonialists throughout its imperial holdings, it took the anachronistic step of creating a colony—the British Indian Ocean Territory (BIOT).³ In flagrant violation of UN Resolution 1514,⁴ the United Kingdom detached the Chagos Archipelago from the colony of Mauritius. And between 1967 and 1973, …

Holding Aggressors Responsible For International Crimes: Implementing The Unequal Enforcement Doctrine, Nancy Amoury Combs

Faculty Publications

It is a fundamental tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party such as Russia — that illegally launches a war — benefits from all the same rights as a party such as Ukraine — that is forced to defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible because defenders should have more rights and fewer responsibilities than aggressors. Legal scholars continue to support the equal application doctrine, however, because they reasonably fear that applying different rules to …

What's Next: How And Why States Strengthen Treaties Through Deepening Commitments, Joseph Maestas

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

States take many post-ratification actions with most designed to weaken the application of the treaty against the state. However, nearly all treaties offer ways for states to strengthen it: deepening commitments. Deepening commitments are optional post-ratification actions that allow a state to strengthen and shape implementation of the treaty. This dissertation examines deepening commitments through analysis the Convention on the Rights of the Child (CRC), the Rome Statute of the International Criminal Court (Rome Statute), and the Convention on Certain Conventional Weapons (CCW).

In Chapter 2, through a typology and process tracing cases, I argue that states influence international law …

Mitigating Ai’S Harmful Effects In Developing Economies Through Contracting, A.B. Steinberg

The International Law Review Association Student Forum

The global economic community must establish a new organization that helps to create contracting parameters to ensure that AI does not crash economies, namely those in the developing world that are most at risk.

Artificial Intelligence (AI) will revolutionize the global economy. While many debate the ramifications for developed economies, such as the United States, these effects will likely be increased productivity and the loss of jobs across the workforce. This comment argues that these effects will be even more profound in developing nations due to both AI in their direct economies and the downstream effects of automation. The possible …

Raining Hellfire: An Analysis On The Use Of White Phosphorus And Its International Regulation, Shaun Quirk

The International Law Review Association Student Forum

Chemical weapons, biological weapons, nuclear weapons, and substance-infused munitions are not new in the art of war. In fact, accounts of toxins and venoms date back to ancient times when bows and arrows were cutting-edge technology. But the existing frameworks regulating these weapons require immediate and more exacting scrutiny. In late 2023, Hamas reignited a generations-old conflict with Israel through a surprise attack. Shortly thereafter, global headlines reported Israel was deploying white phosphorus—a highly volatile substance—into Gaza. The potential devastation of white phosphorus is shocking, yet the existing legal frameworks governing its use are both ambiguous and overly lenient. This …

Russia And China’S Complicity In North Korea’S Human Rights Violations: Measures The U.S. Should Take To Intervene And Mitigate The Abuse, Cameron Kenyon

The International Law Review Association Student Forum

The complicity of Russia and China in North Korea’s (DPRK) human rights issues is incredibly concerning not only for the safety and well-being of North Korean citizens, but for world-wide security. Both China and Russia facilitate the DPRK human rights abuses by trading with North Korea irrespective of international sanctions, enabling human trafficking of North Koreans who have fled to China, and involuntarily repatriating refugees from the DPRK. Awareness of the DPRK human rights issues and Russia and China’s complicity, as well as active intervention, should be at the forefront of the U.S. human rights policy in order for the …

U.S. International Adoption Subsidies: Shining Light On The Dark History Of The Baby "Black Market", Rachel Briner

The International Law Review Association Student Forum

While international adoption is a beautiful concept in theory, it often leads to dark consequences. From its inception, human trafficking has enabled international adoptions. While the United States alone cannot dismantle the entire baby “black market” and the likely black market for children’s organs intertwined with it, the U.S. can remove its large contribution. By limiting the federal adoption subsidy to only domestic adoptions, the United States can ensure it only aids systems within its control and address the needs of its own children without homes more effectively. Many other authors have also noted various human trafficking and potential organ …

Protection From Warlords & Celebrities: How Anti-Slapp Legislation Is Making International Headway To Protect Free Speech, Olivia Augustat

The International Law Review Association Student Forum

Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly being used by powerful individuals and entities to silence dissent and criticism, posing a significant threat to free speech globally. This misuse of legal systems undermines democratic principles by intimidating those who speak out on matters of public interest. My paper argues for the urgent need for effective Anti-SLAPP legislation, focusing on a comparative analysis of the U.S. and European Union (EU) approaches. While the U.S. has a fragmented but largely pro-defendant framework, the EU is moving toward an arguably vaguer but more unified, cross-border solution. This paper takes a unique approach …

Bounded Entities And (Some Of) Their Discontents, Saurabh Vishnubhakat

Articles

In his new article An Organizational Theory of International Technology Transfer, Professor Peter Lee offers two richly detailed accounts at once. One is a novel theoretical framework of "bounded entities" that generalizes both from the classic theory of the firm and, of more recent vintage, from the knowledge-based theory of the firm to specify a broader notion of organizations that are bounded in the sense of robust internal integration through corporate or contractual means. In short, such entities are not firms but resemble them in consequential ways. The other account is a practical elaboration of bounded entities that are multinational …

Legal Issues In Oceanic Transport Of Carbon Dioxide For Sequestration, Carolina Arlota, Michael B. Gerrard, Pria Deanna Mahadevan

Faculty Scholarship

A number of large facilities intended for the permanent sequestration of carbon dioxide are being developed in the United States. Several of them will be located in Texas and Louisiana on or near the coast of the Gulf of Mexico, making them easily accessible to ships. At the same time, there is substantial interest in Europe in installing equipment to capture carbon dioxide from certain industrial operations before it is emitted into the atmosphere, but currently there are inadequate facilities existing in Europe to sequester much of this carbon dioxide. Therefore, there is interest in the possibility of using ships …

Defrosting Regulatory Chill, Guillermo J. Garcia Sanchez

Faculty Scholarship

In Homer’s Odyssey, King Odysseus asked his men to tie him to the mast of his ship with the hope that he would not jump into the sea after listening to the Sirens. The Odyssey’s hero made a pact to bind himself in the future. He knew that the temptation would be impossible to resist without restraints. Similarly, the creators and advocates of international investment agreements believe that providing rights to foreign investors through international treaties will chill State policies that would harm the interests of investors in the future. The “rope” to tie the State is the threat of …