International Law Commons^™

287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers

Immigration and Human Rights Law Review

Section 287(g) of the Immigration and Nationality Act authorizes the United States Immigration and Customs Enforcement (ICE) to form agreements with local law enforcement departments; deputizing them for ICE’s objectives while they continue to serve their local municipalities. This program has resulted in racial profiling, the stripping of liberties, and wrongful detentions. In recent years, municipalities have signed 287(g) agreements at a staggering rate. The UN Committee on the Elimination of Racial Discrimination issued a report pleading for the US to end this practice, yet there seems to be no end in sight. In this essay, I hope to explain …

Judicial Ethics: Everyone Can Learn, Tamerick Gilyard

Cardozo International & Comparative Law Review (CICLR) Blog

The success of international courts, and our domestic courts, depends to a large extent upon the integrity and impartiality of those who decide the cases that come before them. For the institutional integrity of all courts, judicial ethics is of the utmost importance and vital for both the international and domestic courts. Most recently, the United States Supreme Court has come under fire because of the lack of ethical rules to guide or govern the justices’ behavior. The Supreme Court members are granted lifetime appointments, but are not subject to mandatory ethical rules. Alternatively, lower federal court judges do have …

The Need To Speed: The U.S. Interstate And The German Autobahn, Jacob Weinstein

Cardozo International & Comparative Law Review (CICLR) Blog

Were it not for the Interstate Highway System (IHS), driving to, from, and within regions of the continental United States would be a challenging endeavor. The pavement of the IHS was first laid when President Eisenhower signed the Federal Highway Act of 1954. According to the lore, Eisenhower first envisioned the IHS as a strategic military asset during his reign in Europe as the commander of the Allied Forces. However, in reality, it is slightly more complicated.

This post was originally published on the Cardozo International & Comparative Law Review on February 9, 2024. The original post can be accessed …

The 2024 Cardozo Colloquium On Global And Constitutional Theory: How The Supreme Court Lost The American Public, Floersheimer Center For Constitutional Democracy

2023–2024 Flyers

No abstract provided.

Blue Carbon, Red States, And Paris Agreement Article 6, Adam D. Orford

Scholarly Works

Coastal U.S. states, including many that have opposed proactive U.S. climate policies, are contemplating entrance into the supply side of the international carbon credit markets by, among other things, hosting revenue-generating blue carbon projects on their submerged lands. The voluntary carbon credit markets already facilitate private investment in such activities, and the emerging Paris Agreement Article 6 framework is poised to generate investment interest at the national level as well. Reviewing these trends, this Perspective questions whether this is good climate, environmental, and social policy, and advises further oversight and accountability.

Examining The Negotiation Model Of The Disputed Boundary Between Indonesia And Malaysia On Sebatik Island, Amin Nurdin, Sudjito Atmoredjo, I Made Andi Arsana

Indonesian Journal of International Law

Sebatik Island is a disputed territory between Indonesia and Malaysia, known as one of the Outstanding Boundary Problems (OBP). The island was divided into two parts by the Dutch and British, based on the 1891 Boundary Convention and the 1915 Boundary Agreement. In 2019, after a long negotiation process, the two countries agreed to re-demarcate the boundary line by planting new boundary pillars. The results of the re-demarcation have not yet been agreed upon by Indonesia and Malaysia, resulting in unclear boundaries of sovereignty and jurisdiction. This study aims to examine the negotiation model of dispute resolution on Sebatik Island. …

Exclusive Legal Personality Of States In East Asia And The Legacy Of Bandung Pragmatism, Tetsuya Toyoda

Indonesian Journal of International Law

One of the significance of the Bandung Conference was the down-to-earth realism. The People's Republic of China (PRC) was among the major promoters of the conference, despite its mostly unrecognized status in the international community. The exclusive legal personality is the central tenet of the modern system of international law, where non-sovereign entities are strictly discriminated against sovereign ones. The introduction of international law in East Asia in the late-nineteenth century was particularly troublesome with the eventual denial of legal personality of semi-sovereign entities, such as the kingdom of Lew Chew, the Joseon dynasty, or the government of Tibet. East …

To Catch The Cheshire Cat: Freezing Injunction Jurisdiction At The Click Of A Mouse, King Fung Tsang, Pierce Lai

Washington International Law Journal

Since its emergence in 1975, the English freezing injunction has grown to have a robust and global extraterritorial reach, but its exercise in extreme cases is jurisdictionally unsound. The “real connecting link” between assets and forum required for the grant of a worldwide freezing order in aid of foreign proceedings has become significantly looser, notably with an element of fraud acting as catalyst. This jurisdictional link is further weakened by the receding of reciprocity imperatives between the United Kingdom and member states of the European Union following Brexit. In its place is the enforcement principle, enabling a high degree of …

Privacy Matters: Data Breach Litigation In Japan, Andrew M. Pardieck

Washington International Law Journal

In 1890, when Brandeis and Warren wrote The Right to Privacy, Japan did not have a word for privacy. Today, it is closely guarded in Japan: the European Data Protection Board has found privacy protections in Japan “equivalent” to those in the EU. This research explores the evolution of privacy law in Japan, focusing on data breach and the legal rights and obligations associated with it. The writing is broken up into two parts: This article discusses private enforcement of privacy norms, as it is the courts that first established and continue to define privacy rights in Japan. A separate …

Executive Agreements In Japan And The United States: Their Differences And Similarities, Yuhei Matsuyama

Washington International Law Journal

The national constitutions of Japan and the United States describe which domestic branches conclude “treaties” and how they do it. In both countries, the legislative branch plays a critical role in the treaty-making process, checking and controlling the executive branch. However, both nations enter international agreements without following the procedures explicitly provided in their national constitutions. Such agreements are called “executive agreements.” In both Japan and the United States, the practice of entering executive agreements has been recognized since the adoption of the current constitutions, and the number of such agreements—in lieu of treaties—is rising. Despite contrasting government and legal …

Should We Reform The Jury? An Australian Perspective, Keith Thompson

Washington International Law Journal

Jury trials are a necessary part of American and Australian jurisprudence. However, critics question whether both jurisdictions should consider eliminating or reforming jury trials. High-profile jury cases in Australia and the United States elicit criticism regarding the ongoing relevance of the institution. Jury trials function differently in both countries and hold different levels of public trust in the institution. Despite the criticisms of jury trials, neither country has engaged in serious conversations to abolition this ancient institution. This article discusses the trials of Lindy Chamberlain and Cardinal George Pell, placing the use of criminal jury trial in their ancient English …

The Implementation Of Law Enforcement In Combating Terrorist Financing In Indonesia, Nova Vincentia Pati, Emma Valentina Senewe, Merry Elisabeth Kalalo, Caecilia Johanna Waha, Theodorus Hw Lumunon

Indonesian Journal of International Law

Law enforcement in Indonesia terrorism has encountered enormous difficulties when it comes to combating terrorist financing. In contrast, the terrorists who have been imprisoned found that the punishment given by the judge in the court and the deradicalization programs offered by BNPT, the National Counter Terrorism Agency, does not deter them from recidivism. Our research question is whether or not the implementation of law enforcement in combating terrorist financing in Indonesia has deterred terrorists from re-offending. The methodology used in this research is a qualitative method that employs two case studies through in-depth interviews to determine whether or not the …

The Urgency In Legal Protection Of The Internment In Non-International Armed Conflict Between The Ethiopian Government And The Tigray People’S Liberation Front, Ika Ningtyas, Maheswari Trinanda Putri, Yasniar Rachmawati, Fransiska A. Susanto, Patricia Audrey Ruslijanto

Indonesian Journal of International Law

The issue of a legal vacuum in international humanitarian law related to administrative internment in non-international armed conflicts has been a concern addressed in Article 3 of the Geneva Convention and Articles 5-6 of Additional Protocol II. Due to this deficiency, many countries establish their domestic laws. One such example is the non-international armed conflict between the Ethiopian government and a non-state armed group, the Tigray People’s Liberation Front. The issue in this case began with the government's emergency statement for a six-month period, granting broad authority to arrest individuals based on “impossible judgment” and cooperation with a “terrorist group” …

Artificial Intelligence, Cyberspace And International Law, Tripti Bhushan

Indonesian Journal of International Law

Artificial Intelligence (AI) has become a significant technology that has transformed different sectors, including cyberspace. As AI continues to advance, it poses complex challenges to the existing international legal frameworks that govern cyberspace. This research paper examines the relationship between AI, cyberspace, and international law. It explores the impact of AI on the development of cyberspace and its potential consequences for international law. It also examines the existing international legal frameworks that regulate cyberspace and the challenges posed by the development of AI. This paper investigates the legal implications of AI and cyberspace on international law, specifically in the context …

International Tribunals Approach Toward Maritime Boundaries Delimitation Of An Archipelagic State, Gulardi Nurbintoro

Indonesian Journal of International Law

One of the most prominent features of the United Nations Convention on the Law of the Sea (UNCLOS) is the recognition of the archipelagic State concept, embodied under Part IV of the Convention. Since the entry into force of the Convention, more than 20 countries have claimed archipelagic State status, all of which are developing countries. Despite the considerable number of archipelagic States and a universal recognition of the concept, judicial jurisprudence remains very limited, if not non-existent, with respect to practices of archipelagic States pertaining to maritime boundaries delimitation. Up to the writing of this abstract, only two maritime …

Conceptions Of Legitimacy Under International Human Rights Law And Islamic Rights Law, Raas Nabeel

Indonesian Journal of International Law

Islamic law, or the shariah, is a rich body of legal rules and obligations that aims to protect individuals from wrongs committed to each other and wrongs committed to God. However, Islamic law is often considered to be at odds with international human rights law, particularly in certain domains such as gender rights, the freedom of expression, the freedom of religion, and the right to dignity. Muslim-majority States have criticized the Universal Declaration of Human Rights, the International Bill of Rights, as well as other international human rights conventions for the seeming incompatibility of their obligations with the rules, practices, …

Ukraine’S Supreme Court: Upholding Justice Amid War, Olena Kibenko, Cristobal Diaz

Judicature International

No abstract provided.

Masthead

UC Law SF International Law Review

No abstract provided.

Injustice Anywhere: A Comparative Law Analysis Of Saudi Arabia’S Criminal Justice System, Cooper C. Millhouse

UC Law SF International Law Review

A narrow understanding of other nations’ judicial systems begets unsupported assumptions about the way a justice system should operate. While many western commenters have publicized the failures of Middle Eastern societies to protect individual rights, much of the existing literature fails to analyze the legal structures which perpetuate injustice and the motivations that keep the institutions in place. This article illuminates the goals Saudi Arabia’s justice system, inspects how those goals parallel the goals of other common law and civil law systems, and evaluates whether Saudi Arabia’s system is able to effectively accomplish its aims.

This article argues that Saudi …

The Origins And Future Of International Data Privacy Law, Julian Schneider

UC Law SF International Law Review

Data privacy law varies widely across jurisdictions worldwide. Amidst sophistries and jurisdictional conflicts between lawmakers in Europe and the United States, a largely unregulated cross-border data industry emerged, prepared to exploit an unaware or overwhelmed general public. Without governmental support, privacy itself is in grave danger. The people, as true bearers of the fundamental right to privacy, must be put back in control of their data by governments that are aware of their ever-conflicting roles as protectors and aggressors. Scholars like Ari Ezra Waldman, in its book “Industry Unbound,” have criticized the common notice and consent approach to privacy as …