Recent jilfa items

Front Matter

Wed, 22 Apr 2026 00:00:00 +0000

Front Matter

Abuse of "Necessity": The Case of Cyprus and the (Mis) Management of Turkish Properties

Wed, 22 Apr 2026 00:00:00 +0000

Arguably the most complicated financial and political aspect of the ongoing tension between the members of the Greek and Turkish communities of Cyprus, commonly referred to as the “Cyprus Problem,” is the property issue. Since July 20, 1974, around 160,000 Greek-Cypriot refugees have fled to areas south of the United Nations-controlled buffer zone and around 40,000 Turkish-Cypriots have fled north. On August 2, 1975, at the third round of the Vienna talks, an agreement was reached between the two sides for the voluntary regrouping of populations. The agreement made it possible for the Turkish and Greek-Cypriots to live in two geographically separate areas and under their own administrations. Critically, it made no provision regarding existing property rights.

The legal developments concerning the land of the Greek-Cypriot refugees in Turkish-controlled areas over the past 50 years have been subjected to intense political...

The Institutional Pillars of the Latin American Response to the COVID-19 Pandemic: A Human Rights-Based Approach to Health

Wed, 22 Apr 2026 00:00:00 +0000

Latin America has arguably been the most affected region by the COVID-19 pandemic, yet there is no academic article or academic publication on institutional regional responses to the pandemic concerning the right to health. Hence, this article aims to fill that scholarship gap by answering the following question: how have regional bodies responded to COVID-19 concerning the right to health in Latin America? It is overall argued and found herein that: (1) there is a regional system on the right to health in pandemics such as COVID-19, about which a human rights-based approach provides a unifying standard; and (2) this system is embedded within the Organization of American States’ three-pillar framework, consisting of the Pan-American Health Organization, the Inter-American Commission on Human Rights, and the Inter-American Court of Human Rights. A human rights-based approach to health, which relies on international...

Unique and Complex Issues of Palauan Law: Custom and Jurisdiction

Wed, 22 Apr 2026 00:00:00 +0000

This Article discusses the significant legal challenges Palau has faced in two critical areas: customary law and subject matter jurisdiction. The Palauan Constitution uniquely establishes traditional law as equally authoritative to statutes, leading the Supreme Court to struggle with how to identify and apply these fluid traditions. This complexity is intensified by a shifting jurisdictional standard that has swung from a “very liberal” approach to a restrictive “injury-in-fact” requirement and recently back to a nearly unlimited standard. This current era of expansive jurisdiction has forced the Court into the role of a frequent arbiter of internal clan disputes, particularly through declaratory judgments. Consequently, Palau stands at a crossroads, needing to determine whether to maintain this high level of judicial intervention or return to a more restrained approach.

Asymmetry of the Lithium Triangle: A Comparative Study of Lithium Governance in Bolivia, Argentina, and Chile

Wed, 22 Apr 2026 00:00:00 +0000

Lithium is a critical mineral for the clean energy transition, most known for its use in lithium-ion batteries, which are deployed in electric vehicles. Consequently, global demand for lithium is booming, expected to triple by 2030. The Lithium Triangle, composed of Argentina, Bolivia, and Chile, is assuming an essential role in satisfying this demand since it is home to half of the world’s lithium reserves. However, of the three countries, only Chile has successfully transformed most of its reserves into commercially viable resources, making it the second highest lithium producer in the world. Bolivia, Argentina, and Chile have adopted starkly different approaches to governing their lithium industries. Part I will outline Bolivia’s statist approach, their constitution enshrining the state’s ownership of the mineral and its control over its entire productive chain. Part II will outline Argentina’s decentralized,...

The Sound of Drones Is the Sound of Death: Human Rights Violations and Supply Chain Disruptions

Wed, 22 Apr 2026 00:00:00 +0000

Drones have become an increasingly integral part of twenty-first century warfare. This Article examines human rights violations and the supply chain disruptions resulting from drone warfare. Three case studies are analyzed: the Russia/Ukraine war, the Israel/Palestine war, and the Sudanese civil war. Modern warfare tactics can be seen in actions taken by the Houthis in West Yemen in response to the Israel/Palestine war, in which unmanned surface vessels, cruise missiles, unmanned underwater weapons, and drones are being used to stop, damage, and sink ships. Such conflicts result in supply chain disruptions. The Russia/Ukraine war has resulted in significant disruptions to the supply chains for energy, wheat, and oil. In addition, it is a basic tenet of international humanitarian law that innocent civilians should not be targeted, yet fully autonomous robots may not be able to distinguish military targets from civilians....

Can Economic Sanctions Work in Myanmar?

Wed, 10 Sep 2025 00:00:00 +0000

Armed conflict in Myanmar has killed tens of thousands and displaced millions. Yet, prevailing wisdom would hold that, short of armed intervention, there is little the international community can do to restore peace. This Article argues that, though typically ineffective, economic sanctions can actually succeed in bringing about regime change in Myanmar.

After exploring the logic, legality, and effectiveness of economic sanctions, this Article provides the first comprehensive look into sanctions against Myanmar. It analyzes the many holes in existing sanctions regimes and how Myanmar’s ruling military junta has been able to evade them. After considering Myanmar’s unique circumstances, it makes several proposals that would dramatically improve the effectiveness of economic sanctions.

Extradition and International Cooperation: Lessons from the U.S.-Colombia Relationship

Wed, 10 Sep 2025 00:00:00 +0000

This Article provides a detailed examination of U.S.-Colombia extradition policy and the bilateral context in which they occur and makes at least two important contributions. First, using a novel dataset provided by the U.S. Marshals Service and corroborated by data from the Colombian Ministry of Law and Justice, we demonstrate recent empirical trends in the volume and type of extraditions from Colombia to the United States. Second, drawing insights from the internationalist school and theories of asymmetrical international relations, we explain how at various moments Colombia, despite being the weaker or smaller partner in the bilateral relationship, was able to exercise some measure of autonomy to pursue goals that contradicted U.S. foreign policy preferences, and later adapt the use of extradition to promote its own domestic political goals.

Front Matter

Wed, 10 Sep 2025 00:00:00 +0000

Front Matter

Taming the Terminator: Pragmatic International AI Weapons Governance

Wed, 10 Sep 2025 00:00:00 +0000

This Article examines the legal and ethical challenges posed by artificial intelligence (AI) weapons systems in modern warfare. It analyzes the inadequacies of existing international humanitarian law in addressing autonomous weapons, explores obstacles to effective governance, and proposes a pragmatic model for regulating military AI. The Article argues that while comprehensive international regulation faces significant geopolitical hurdles, incremental progress through targeted measures is both possible and necessary.

Drawing on historical examples of arms control agreements, this Article presents a nuanced approach combining targeted prohibitions, non-binding technical standards, and domestic regulations. It contendsthat focusing on high-risk applications, such as autonomous control of nuclear weapons, while developing best practices for testing and human-machine interfaces, can mitigate risks without stifling innovation. The analysis emphasizes the need to balance...

Front Matter

Tue, 1 Apr 2025 00:00:00 +0000

Front Matter

Examining Ukraine's Right of Collective Self-Defense: Can It Be Invoked or Is It Already in Exercise?

Tue, 1 Apr 2025 00:00:00 +0000

The invasion of Ukraine by Russia in 2022 constituted an egregious violation of one of the fundamental principles of international law: the prohibition of the use of force against the territorial integrity or political independence of any State, enshrined in Article 2(4) of the UN Charter. This violation capacitates Ukraine to rightfully invoke the right of collective self-defense under Article 51 of the UN Charter. This Article finds that some of the criteria to invoke and exercise this right have been fulfilled, and the rest can also be fulfilled – allowing other countries to lawfully engage in Ukraine’s collective self-defense. Additionally, the Article argues that despite claiming to aid in Ukraine’s individual self-defense, through the significant military aid and logistical support amounting to the use of force provided to Ukraine, the assisting States are already indirectly practicing the right of collective self-defense, albeit without formally invoking it.

Bypassing the Judge: A Manifestation of the Legitimacy Crisis of Judicial Review

Tue, 1 Apr 2025 00:00:00 +0000

Judicial review is undergoing an unprecedented crisis in several regions of the world. It is criticized for its politicization related to its purpose, effects, and how judges are appointed, as well as the power of obstruction it holds over the law. Questions about the compatibility of judicial review with democracy are not new, but they have rarely been as sensitive. The problem lies not in these legitimate questions, but from their political instrumentalization and their transformation into an electoral promise: that of restoring sovereignty to the people and protecting its identity by removing any obstacles that could hinder the adoption of measures to which citizens consented at the time of the election or that enjoy strong support among the population. It is in this type of discourse, which plays on the opposition between the people and the elites, that the justifications for bypassing the constitutional judge are found, as the judge is the one who blocks public decision-making...

Advocating for a Human Rights-Based Approach to the Ganges Water Sharing Treaty (GWST)

Tue, 1 Apr 2025 00:00:00 +0000

The arsenic contamination crisis in Bangladesh has emerged as one of the most pressing public health emergencies of our time, as labeled by the World Health Organization (WHO). With nearly half of the country’s tube wells tainted by arsenic, this crisis has resulted in widespread health complications such as cancer and cardiovascular diseases. Despite efforts by international intergovernmental organizations like United Nations Children’s Fund (UNICEF) to provide alternative water sources to Bangladesh, a substantial segment of the population—approximately 13 percent according to recent UNICEF surveys—continues to rely on contaminated water. This persistent reliance underscores the urgent need for comprehensive intervention strategies to mitigate health risks and safeguard the Bangladeshi population. In response, this article advocates for a human rights-based approach to addressing the arsenic contamination crisis in Bangladesh ,emphasizing empowerment and the recognition of human...

Legal Strategies and Global Synergies: Expanding the Legacy of Brown v. Board for Educational Equity

Tue, 1 Apr 2025 00:00:00 +0000

This article examines the enduring legacy of Brown v. Board of Education within a global framework, emphasizing its profound role in advancing racial justice and educational equity. By juxtaposing the struggles of African Americans in the United States and the Roma in Europe, the article highlights the necessity of an integrated approach that combines legal advocacy, grassroots activism, and international cooperation. It explores the transnational migration of legal norms and strategies, uncovering the dynamics of adaptation and contestation across different socio-legal landscapes. Furthermore, the article addresses the challenges of transforming legal victories into substantive social change, demonstrating the complex relationships between legal systems, societal norms, and political dynamics. Recognizing the persistent educational disparities faced by marginalized communities worldwide, it advocates for a holistic approach that merges legal reform, policy innovation, and community...

No Safe Haven, Harmonized: Toward Streamlined U.S. Government Coordination in Atrocity Crimes Prosecutions

Tue, 1 Apr 2025 00:00:00 +0000

Beginning in 1998, the United States Congress has slowly assembled a Title 18 statutory scheme to criminally prosecute perpetrators of atrocity crimes. These crimes range from the commission of genocide, war crimes, torture, female genital mutilation, and the employment of child soldiers. In the thirty-six years that have followed, the United States has only won two convictions under the scheme—with the second coming in April 2024. The United States has not advanced charges under various statutes, including for genocide, female genital mutilation, and the use of child soldiers. Nonetheless, between December 2023 and December 2024, Attorney General Merrick Garland announced new war crimes and torture charges against Russian and Syrian nationals, including the first war crimes charges in U.S. history.

Critics of the U.S. approach to atrocity crimes prosecutions are legion. Yet, this Article argues that their focus—largely ons tatutory lacunae and issues of interpretation—miss...

Bridging the Accountability Gap: A Call to Action for Migrants Subjected to Abuse in U.S. Custody

Thu, 7 Nov 2024 00:00:00 +0000

For years, immigrants held at the Irwin County Detention Center (ICDC) in the U.S. state of Georgia, and the advocates with whom they shared their experiences, raised complaints about the abusive detention conditions they were subjected to at ICDC with U.S. Immigration and Customs Enforcement (ICE), and with LaSalle Corrections, the ICE-contracted private, for-profit prison corporation that owns and operates ICDC. Those complaints went largely unaddressed. For years, immigrants and advocates called upon members of Congress and the international human rights community to safeguard the fundamental human rights of persons detained by ICE at ICDC, and other detention centers in rural Georgia, most notably the Stewart Detention Center, owned and operated by the GEO Group, and recognized as one of the deadliest ICE detention centers in the country. Those calls also went largely unheeded. Then, in the fall of 2020, a group of women locked up by ICE at ICDC, bravely stepped forward—joined...

Back Again: How Airborne Strikes Against al-Shabaab Further U.S. Imperialism

Thu, 7 Nov 2024 00:00:00 +0000

This Article contends that the airborne strikes against al-Shabaab are both an unlawful tactic and a tool of U.S. military imperialism. Using legal analysis, an empirical study of open-source data of strike incidents, and historical material, I show how the strikes are unlawful and ineffectual in practice as well as in theory. I argue that the duration of the program despite such legal and practical flaws suggests that the aim of these strikes is not necessarily “killing terrorists” but maintaining continued military presence in Somalia.

This Article proceeds as follows: First, by comparing U.S. government statements that claim the legality of airborne strikes against the actual governing international humanitarian law (IHL) and domestic law standards, I show that the United States does not view either legal framework as any sort of constraint on its actions in Somalia. Second, by conducting a strike-by-strike analysis of U.S. actions against al-Shabaab, I prove...

A New Path Forward? How Attention to Economic, Social, Cultural, and Environmental Rights Could Increase U.S. Indigenous and African-American Civil Society Engagement with the Inter-American Human Rights System

Thu, 7 Nov 2024 00:00:00 +0000

This Article contends that the evolving approach of the inter-American human rights system toward the human rights of Indigenous peoples and persons of African descent, including their economic, social, cultural, and environmental rights, presents a key opportunity for U.S. civil society actors to expand beyond the dominant framework of civil rights discourse and domestic litigation. At the same time, it recognizes that developments in inter-American standards present challenges for engagement with the U.S. government, which has resisted accountability for racial discrimination and rejected the recognition of economic, social, cultural, and environmental rights. This Article will be particularly relevant to scholars and advocates interested in the intersection of the international human rights framework with the domestic legal, political, and social frameworks in the United States, as well as with the struggles of communities for social justice and human rights.

Reimagining Rights in the Americas

Thu, 7 Nov 2024 00:00:00 +0000

In March 2023, the Promise Institute for Human Rights (Promise Institute), together with the Bringing Human Rights Home Network and the UCLA Journal of International Law and Foreign Affairs, convened its Annual Symposium on “Bringing Human Rights Home: Bridging the gap between the international and domestic frames for human rights in the United States.” The Symposium was one part of the Promise Institute’s week-long “Reimagining Rights in the Americas Conference”, which was held in conjunction with the 186th period of sessions of the Inter-American Commission on Human Rights (IACHR or the Commission) at UCLA from March 1 to 11, 2023. This introductory article has two objectives: first, to report on the activities of and outline the key themes arising from the Conference; and second, to outline how our work at the Promise Institute engages critically with the human rights frame and explores how it could be reimagined towards transformative ends, particularly in the Americas....

Front Matter

Thu, 7 Nov 2024 00:00:00 +0000

Front Matter

Sanctioning Corruption? An Analysis of the Relationship Between Economic Sanctions and Anti-Corruption Efforts

Fri, 8 Mar 2024 00:00:00 +0000

This Articlewill focus on one particular burning question: what is the relationship between economic sanctions and corruption? More specifically, are economic sanctions an effective tool for fighting corruption or are they a “corruption super spreader?”

Part I briefly summarizes the most relevant types of sanctions, namely international and national comprehensive sanctions, and targeted sanctions (with a focus on anti-corruption targeted sanctions). Part II analyzes the positive and negative consequences of such sanctions programs, especially when it comes to corruption. Finally, Part III presents an overview of some crucial next steps to be followed to ensure that sanctions become more effective both generally, and in the fight against corruption specifically. Due to its brevity, the Article is intended to provide an overview of key problems and potential solutions and is it not to be considered as an exhaustive analysis of all the issues presented.

Front Matter

Fri, 8 Mar 2024 00:00:00 +0000

Front Matter

Comparative Norm Design: The U.S. Rules Model and the German Standards Model in Criminal Justice and Beyong

Fri, 8 Mar 2024 00:00:00 +0000

This article suggests that comparative literature can gain valuable insights in turning to the design of legal norms. Building on and further developing the notional framework of Louis Kaplow with regard to rules versus standards, simplicity versus complexity, and structure ddecision-making versus free balancing, it introduces the rules-model and the standards-model as tools of comparative norm design. The article applies this approach in the area of criminal justice, comparing the systems of the United States and Germany. In doing so, it relativizes a common characterization of U.S. criminal justice as flexible and discretionary and of German criminal justice as rigid and rules-based. Indeed, a closer analysis of norm design in criminal procedure suggests quite the opposite: focusing especially on norms governing the exclusion of evidence, the impeachment of witnesses, sentencing, and plea bargaining, it will be possible to link the way in which the United States administers...

Sea Peoples & Marine Plastic Pollution in Southeast Asia: An International Human Rights Approach in Support of Indigenous Rights to Environment

Fri, 8 Mar 2024 00:00:00 +0000

The paper explores the potential for international human rights law to further articulation of indigenous rights to environment. The paper does so by using the case of sea peoples struggling against marine plastic pollution in Southeast Asia as an illustration clarifying how provisions in international human rights instruments can advance indigenous interests against environmental harms. The term “sea peoples” references the Bajau, Moken, and Orang Laut peoples, whose communities span multiple countries in the Association of Southeast Asian States (ASEAN) and whose cultures are tied closely to the marine environment. The paper applies international human rights instruments to identify legal rights covering substantive, procedural, and legal personality issues relevant to the concerns of sea peoples contending with marine plastic pollution. In doing so, the analysis demonstrates an international human rights law approach to the delineation of indigenous rights to environment.

The Changing Logic of International Economic Law

Fri, 8 Mar 2024 00:00:00 +0000

Economic policies are increasingly guided by a whole set of different concerns from those that inspired International Economic Law (IEL). Instead of interdependence, trade liberalization, and market-orientation, rules and government decisions are increasingly directed to pursue goals such as reduction of dependence, resilience, autonomy, and even self-reliance. A geoeconomic logic is gradually replacing the liberal rationale that underpinned IEL for the past decades. Understanding where IEL might be headed requires an appraisal of this changing logic. This Article makes the following contributions to this effort. First, it proposes a conceptual framework centered around the notion of “geoeconomics,” which provides a coherent meaning to many developments that are transforming economic relations. The framework is unique in that it clearly outlines what is considered under the concept of geoeconomics, particularly by distinguishing it from other potentially misleading notions. This...

Pandemic Borders and Racial Borders: Keynote Delivered at the 2020 Annual Symposium of the UCLA Journal of International Law and Foreign Affairs

Tue, 14 Nov 2023 00:00:00 +0000

Pandemic Borders and Racial Borders: Keynote Delivered at the 2020 Annual Symposium of the UCLA Journal of International Law and Foreign Affairs

An Analysis of Greece's Potential Violations of the Refugee Convention and the Rome Statute in its Treatment of Refugees

Tue, 14 Nov 2023 00:00:00 +0000

Over the past few years, Greece has been fighting to keep migrants from entering the country, accusing them of treating it as a gateway to the rest of Europe. Especially since the Taliban took control of Afghanistan, Greek officials have been adamant that they will not permit a repeat of the 2015 refugee crisis, in which the number of migrants seeking asylum in Europe surged from less than 600,000 in 2014 to over 1.3 million in 2015 and where over 3500 migrants and refugees diedtrying to cross the Mediterranean Sea. This Article analyzes whether Greece’s migration policies and practices—specifically, its operation of refugee camps and its alleged practice of pushbacks—violate international law. It analyzes: (1) whether Greek actors are violating the Rome Statute by committing crimes against humanity of murder, deportation, and torture; and (2) whether Greece is violating its obligations from the 1951 Convention of the Status of Refugees (Refugee Convention), in particular Articles...

Locating Novel Protections for the Traditional Knowledge of Indigenous Communities in Customary International Law

Tue, 14 Nov 2023 00:00:00 +0000

The international community is currently in the process of establishing multiple frameworks for protecting the traditional knowledge (TK) of indigenous peoples including through initiatives such as the Nagoya Protocol (under the Convention on Biological Diversity (CBD)), and the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGCIPGRTKF) under the World Intellectual Property Rights Organizations (WIPO). However, this Article conceptualizes alternate pathways to recognize and protect the right to TK within customary international law (CIL). As a starting point of analysis, the Article uses Third World Approaches to International Law (TWAIL) to investigate the reasons for the inadequate protection of indigenous peoples’ traditional knowledge. Specifically, it explores how postcolonial states, often at the behest of the First World, have perpetuated colonial epistemologies that have contributed to the creation of deficient...

Front Matter

Tue, 14 Nov 2023 00:00:00 +0000

Front Matter

Better Late Than Never? SOGI Asylum Claims and 'Late Disclosure' Through a Foucauldian Lens

Tue, 14 Nov 2023 00:00:00 +0000

Members of sexual orientation and gender identity (SOGI) minorities escaping persecution may apply for asylum or bring up their SOGI in asylum procedures later than expected by authorities for a variety of reasons, including fear, shame, and ignorance. Using a Foucauldian lens—in particular the notions of power and confession—this Article assesses how such instances of so-called late disclosure are regulated and treated by statutes, policy guidance, and case law, with a focus on the European context. The Article also considers in detail claimants’ experiences with late disclosures, and the views of both claimants and several other actors in the asylum system on this matter. The analysis concentrates on an extensive body of secondary data (including international, European, and domestic case law, policy documents, NGO reports, case files, etc.) as well as of primary data collected in Germany, Italy, and the United Kingdom (UK) at European Union (EU) and Council of Europe levels....

Treaties Unchained: Restoring Checkers and Balances to Executive Agreement-Making in the U.N. Security Council

Wed, 15 Jun 2022 00:00:00 +0000

This Comment uses the controversial Iran Nuclear Deal that was negotiated under the auspices of the United Nations Security Council (UNSC) as a case study. Specifically, it discusses the implications of unilateral Executive agreement-making in this international body for constitutional separation of powers and the legitimacy of the UNSC itself. In doing so, it analyzes the historical development ofthe UNSC, the Supreme Court decision in Medellin, and UNSC Resolutions. It finally presents three solutions that can promote checks and balances in this area, especially as it relates to executive power to enter into treaty-like agreements via the UNSC without Congressional approval.

Exceptionality: A Typology of Covid-19 Emergency Powers

Wed, 15 Jun 2022 00:00:00 +0000

The outbreak of the Covid-19 pandemic has stretched State capacity across the globe. It has simultaneously revealed both the robustness and fragility of public health, education, transportation, economics, welfare, and security systems. In one way, the pandemic is a classic emergency challenge for States. The pandemic is a sudden and unexpected event threatening many lives, and the multifaceted physical manifestations of and recovery from Covid-19 have crippled the capacity of health systems to function. In parallel, the pandemic also presents the spectre of a new normal, as exceptionality in the experience of a health crisis may not go away and pathogen-led crises may be with us for the long haul. There is no shortage of exceptional emergency responses to the pandemic, ranging from mandatory lockdowns, limits on freedom of expression, vaccine mandates, and mandatory labour production. Assessment of the scale, impact, and long-term significances of such emergency practice is nascent,...

Underutilization of ADR in ISDS: Resolving Treaty Interpretation Issues

Wed, 15 Jun 2022 00:00:00 +0000

Since the adoption of the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law Conciliation Rules, only a small number of investor-state disputes have been referred to conciliation. The common formulation of investor-state dispute settlement (ISDS) clauses, that carry advance consent to conciliation and arbitration in investment treaties, suggests that the choice between these two dispute resolution mechanisms may have conflicting interpretations. Under one interpretation, disputants have an option to choose conciliation and then proceed with arbitration; the other interpretation suggests that selection of conciliation is to the exclusion of arbitration. Incentives, such as the recent adoption of the Singapore Convention on Mediation and proposed amendments by ICSID, have been put forward to promote alternative dispute resolution mechanisms in ISDS. This Article, however, argues that recourse to investor-state...

Interdependence at the International Criminal Court: Reconceptualizing our Understanding of the Court and its Failures

Wed, 15 Jun 2022 00:00:00 +0000

The International Criminal Court is at an inflection point. The ICC remains the centerpiece of a fragile system of international justice and is needed more today than it was at the conclusion of the Rome Conference in 1998. Yet, the Court faces significant challenges and needs to step up its performance to deliver justice more effectively to communities affected by crimes under the Statute, particularly in today’s world where geopolitics are characterized more by polarization than cooperation. A 2020 Independent Expert Review (IER) made a series of recommendations to improve the Court’s functioning, however, this article suggests that the IER is looking for solutions in the wrong places because of a fundamental, yet common, misunderstanding of the way the Court is structured.

This Article argues that, rather than being a fully independent Court, the Rome Statute created a series of interdependencies between actors in the ICC system. These interdependencies manifest internally,...

In the Best Interest of Children: A Proposal for Corporate Guardians Ad Litem

Tue, 14 Jun 2022 00:00:00 +0000

Children are frequently implicated in and impacted by business activities, and as such, they are corporate stakeholders. Yet children do not have a direct voice in corporate decision-making. Other stakeholders—employees, customers, and suppliers—can and do influencec orporate strategy, but children lack the organization, standing, and legal capacity to assert similar influence. Instead of treating children as a coherent stakeholder group with rights and interests to be respected and supported, firms tend to view children only as potential victimsor coveted consumers. That view is short-sighted. Recent internationa lnorm-building related to children’s rights and business point toward a more comprehensive consideration of children’s interests in the broad range of business activities. Children are community members with long-term interests in the health and vitality of the communities and environments within which businesses operate. Firms employ children’s parents, and employment...

Front Matter

Tue, 14 Jun 2022 00:00:00 +0000

Front Matter

Tue, 14 Jun 2022 00:00:00 +0000

Table of Contents

Leasing the Rain: Water, Privatization, and Human Rights

Thu, 17 Mar 2022 00:00:00 +0000

The 1990s saw the unprecedented emergence of corporate engagement in national water systems. Before 1990, international funding went exclusively to public entities. By 2001, ninety-three countries had “private sector involvement” in their water systems. This shift, supported by international business and trade law, created a regulatory framework that legally protected the rights of corporations involved in the water sector. The regulatory framework that protected the populations that needed access to clean water was relatively ineffectual, and would be until the human right to water was officially recognized in 2003 by the Committee on Economic, Social, and Cultural Rights. Thelogic of market efficiency, brought into international law and finance through the Washington consensus, came to dominate thinking about international water law. This project of privatization was enforced by intergovernmental organizations. The World Bank, from 1998 to 2003 and 2004 to 2008, required...

South Korea Shatters the Paradigm: Corporate Liability, Historical Accountability, and the Second World War

Thu, 17 Mar 2022 00:00:00 +0000

South Korea is currently revising its interpretation of Japanese colonialism, and the fallout from World War II more generally. In 2018, the Supreme Court of South Korea issued two opinions that staked new ground in this process of legal revision. First, by holding Japanese multinational enterprises legally liable for events that took place in the early 20th century, the verdicts fissure a wall of corporate impunity that courts in Japan, the United States and many Western jurisdictions have erected over the past three decades. Second, by situating the decisions within Korea’s own colonial past, the judgments advance a post-colonial jurisprudence that many scholars have long discussed, but few judgments have actually explored. In particular, the narrative of colonial illegality—accepted by some scholars, but relatively few judges—may finally make inroads into the jurisprudence of economically developed countries. Third, just as repairing colonialism has come to the fore...

Through The ATS Door, Now What? The Prevalence of MNC Misconduct, Disguise & Manipulation

Thu, 17 Mar 2022 00:00:00 +0000

On November 10, 1995, nine leaders of the Ogoni region of Nigeria were executed by an extrajudicial tribunal. What followed was a series of international denunciations, sanctions on the Nigerian regime, boycotts of Royal Dutch Petroleum (“Shell”), and a string of lawsuits against the multinational. Two key lawsuits, Wiwa v. Royal Dutch Petroleum and Kiobel v. Royal Dutch Petroleum, consolidated into one proceeding that nearly reached the trial phase, eventually settling for $15.5 million. Given Shell’s unusual move to settle, this Comment examines the main procedural and substantive developments of pre-trial discovery in Wiwa as a means of understanding how Shell and other extractive multinational corporations (MNCs) operate abroad and stand in the way of accountability and reparation for victims of human rights abuses. Ultimately, this Comment is important for understanding how extractive MNCs use procedural warfare to distract, delay, and deny justice...

Thu, 17 Mar 2022 00:00:00 +0000

Table of Contents

Front Matter

Thu, 17 Mar 2022 00:00:00 +0000

Front Matter

Space Law, Human Rights and Corporate Accountability

Thu, 17 Mar 2022 00:00:00 +0000

The international legal regulation of outer space was founde don an assumption that space was (at that time) a new frontier tha twould enable a far broader range of activities on Earth and in space itself. This has raised important issues both as to the significance of fundamental human rights for space activities, as well as corporate accountability for conduct in outer space that may impact upon human rights. This is particularly so given the increasing involvement of the private sector in space activities. However, there has been relatively little detailed analysis to date of the interaction and intersection between the specific international legal regime of outer space and the international legal regulation of human rights. In that context, this Article undertakes two tasks. First, it establishes why the exploration and use of outer space should be increasingly considered from a human rights perspective. Second, it considers what issues arise in the context of corporate accountability...

Preface

Thu, 17 Mar 2022 00:00:00 +0000

Preface

Should We Trust a Black Box to Safeguard Human Rights? A Comparative Analysis of AI Governance

Thu, 17 Mar 2022 00:00:00 +0000

The race to take advantage of the numerous economic, security, and social opportunities made possible by artificial intelligence (AI) is on—with states, intergovernmental organizations, cities, and firms publishing an array of AI strategies. Simultaneously, there are various efforts to identify and distill an array of AI norms. Thus far, there has been limited effort to mine existing AI strategies to see whether common AI norms such as transparency, human-centered design, accountability, awareness, and public benefit are entering into these strategies. Such data is vital to identify areas of convergence and divergence that could highlight opportunities for further norm development in this space by crystallizing State practice.

This Article analyzes more than forty existing national AI strategies paying particular attention to the US context, comparing those strategies with private-sector efforts, and addressing common criticisms of this process within a polycentric framework....

Front Matter

Fri, 25 Jun 2021 00:00:00 +0000

Front Matter

Hacked and Leaked: Legal Issues Arising From the Use of Unlawfully Obtained Digital Evidence in International Criminal Cases

Fri, 25 Jun 2021 00:00:00 +0000

Digital open source investigations—the use of publicly available information on the internet for intelligence, leads, or evidence—are becoming an increasingly critical part of international criminal investigations. While the definition of open source information is simple, there are several categories of information that fall into a gray area between private and public—in particular, the growing amount of illegally hacked and leaked information on the web. Online leaks, whether the result of hacking or whistleblowing, fit the definition of open source information. Yet, there is something inherently different about information in the public domain that was not intended to be public. The dissemination of incriminating information unlawfully obtained by a third party creates a complex situation in which, on one hand, the illegal method of acquisition should not be rewarded, while at the same time, the illegal acts that are exposed in the documents...

Historicizing Anthropomorphic Rationalizations as System Justification Practices in International Law: A Critical Account of Vitoria’s Jus Gentium

Fri, 25 Jun 2021 00:00:00 +0000

International law and scholarship tend to ascribe certain perceived human attributes to States and to call upon those attributes as a basis for rationalizing how States conduct themselves in the international system and—particularly—to justify international norms and distributive outcomes. Specifically, like humans, States are presumed to be (1) choice-driven, (2) rational, and (3) predominantly autonomous. These, and other anthropomorphic attributions, pervade social science and, as Professor Jean d’Aspremont confirms, are particularly commonplace in international legal scholarship.[1]

However, this anthropomorphic conception of the State actor is empirically unsubstantiated and is an incomplete model for understanding why and how States do what they do and for justifying the international legal order. Because much of the international legal order relies on these empirically unsubstantiated ideas, a theoretical discrepancy exists between...

From USHKPA to HKHRDA and HKAA: The Turnings of U.S.–China Policy and the End of Hong Kong’s Full Autonomy

Fri, 25 Jun 2021 00:00:00 +0000

This Article traces the evolution of U.S. law and policy toward Hong Kong—from the United States–Hong Kong Policy Act of 1992 (USHKPA) to the Hong Kong Human Rights and Democracy Act of 2019 (HKHRDA) and Hong Kong Autonomy Act of 2020 (HKAA). The USHKPA, enacted under the Clinton administration after the Tiananmen massacre but before the handover of Hong Kong, is a product of the United States’ China policy, based on engagement. The USHKPA represented a compromise between Congress and the executive branch and reflected the nature of soft law, implementation of which is largely dependent on Executive discretion. After three decades of a policy of engagement and more than twenty years after China’s resumption of control over Hong Kong, the United States’ China policy has gradually changed, and it saw a significant turn under the Trump administration. In the midst of U.S.–China tension and with bipartisan support from Congress, the HKHRDA and the HKAA strengthen...

Preface

Fri, 25 Jun 2021 00:00:00 +0000

Preface

Fri, 25 Jun 2021 00:00:00 +0000

Table of Contents

Expanding the Gender of Genocidal Sexual Violence: Towards the Inclusion of Men, Transgender Women, and People Outside the Binary

Fri, 25 Jun 2021 00:00:00 +0000

This Comment expands upon legal and academic understandings of sexual violence as an act of genocide, arguing that men, transgender women, and intersex/non-binary/third-gender individuals can also experience genocidal forms of sexual violence. I demonstrate how international law about genocidal sexual violence has almost entirely focused on the bodies and reproductive capacities of cisgender women, obscuring how and why other individuals can be targeted during episodes of genocide. I then discuss how genocidal sexual violence against different genders can be understood, challenging international criminal law practitioners to adopt a more inclusive outlook on gender and victimhood in future genocide investigations and prosecutions.

The Judicial Activism of Inaction: India’s National Green Tribunal and the Reeducation of U.S. Jurists