Subjects -> LAW (Total: 1613 journals)
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    - INTERNATIONAL LAW (196 journals)
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INTERNATIONAL LAW (196 journals)                     

Showing 1 - 171 of 171 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 21)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 72)
American University International Law Review     Open Access   (Followers: 12)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 8)
Anuario Colombiano de Derecho Internacional     Open Access   (Followers: 1)
Anuario de Derechos Humanos     Open Access   (Followers: 1)
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 3)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 3)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 2)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 19)
Australasian Policing     Full-text available via subscription   (Followers: 7)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 25)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Borderlands Journal : Culture, Politics, Law and Earth     Open Access  
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 39)
Brooklyn Journal of International Law     Open Access   (Followers: 6)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 5)
Cape Town Convention Journal     Open Access  
Chicago Journal of International Law     Full-text available via subscription   (Followers: 10)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 17)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 21)
Cornell International Law Journal     Open Access   (Followers: 7)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 6)
Deusto Journal of Human Rights     Open Access   (Followers: 3)
Duke Journal of Comparative & International Law     Open Access   (Followers: 18)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 13)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 35)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 251)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 45)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 22)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 7)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 5)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 52)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 13)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 273)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 32)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 13)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 28)
International Journal of Language & Law     Open Access   (Followers: 4)
International Journal of Law in Context     Hybrid Journal   (Followers: 18)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 67)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 22)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 11)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 13)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Planning Studies     Hybrid Journal   (Followers: 9)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 87)
Israel Law Review     Hybrid Journal   (Followers: 2)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Aggression, Conflict and Peace Research     Hybrid Journal   (Followers: 52)
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 15)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 19)
Journal of International Economic Law     Hybrid Journal   (Followers: 35)
Journal of International Political Theory     Hybrid Journal   (Followers: 21)
Journal of International Trade Law and Policy     Hybrid Journal   (Followers: 20)
Journal of Law, Policy and Globalization     Open Access   (Followers: 19)
Journal of Liberty and International Affairs     Open Access   (Followers: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 8)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 45)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 27)
Maryland Journal of International Law     Open Access   (Followers: 3)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 22)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 17)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Paix et Sécurité Internationales     Open Access  
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 8)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 8)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Facultad de Jurisprudencia     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 6)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Tilburg Law Review     Open Access   (Followers: 6)
Transnational Environmental Law     Hybrid Journal   (Followers: 7)
Uniform Law Review     Hybrid Journal   (Followers: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 5)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 5)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 10)
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  


Similar Journals
Journal Cover
Chicago Journal of International Law
Number of Followers: 10  
  Full-text available via subscription Subscription journal
ISSN (Print) 1529-0816
Published by U of Chicago Homepage  [2 journals]
  • The Application of International Tax Treaties to Digital Services Taxes
    • Authors: Katherine E. Karnosh
      Abstract: As digital services and electronic commerce have become more prevalent aspects of the global economy, there have been concerns over how tax systems will adapt to this change. International tax treaties in particular seem to be outdated and unprepared for the digital economy. Many international tax treaties provide that businesses are to be taxed on their income only in jurisdictions where they have a sufficient physical presence. By establishing their European headquarters and digital servers in countries with low corporate income tax rates (such as Ireland) and then using those headquarters to provide digital services to the rest of Europe, large, sophisticated, multinational digital businesses have been able to generate much revenue from most European countries without paying significant taxes in those countries.The issues surrounding digital tax laws made news headlines in the summer of 2019 when France passed a law that imposed a 3 percent tax on revenue earned from digital services in France. Scholars have suggested that this tax may violate existing tax treaties, arguing that it provides for the taxation of the income of businesses without a significant enough physical presence in the country imposing the tax. This Comment analyzes this potential violation with regards to the French digital services tax and the U.S.–France Treaty for the Prevention of Double Taxation. This Comment concludes that the French tax does not violate the Treaty because the tax is a consumption tax that falls outside the scope of the Treaty.
      PubDate: Tue, 19 Jan 2021 09:47:07 PST
  • The Legal Man in the Moon: Exploring Environmental Personhood for
           Celestial Bodies
    • Authors: William B. Altabef
      Abstract: The rise of the commercial space industry endangers the preservation of environments, such as the lunar surface and other celestial bodies, with the threat of contamination and resource exploitation. In the coming decades, flights to space will become commonplace—but at present, there is no way to hold outer space polluters accountable. The existing international legal regime is weak, with the United Nations’ space treaties offering limited enforcement mechanisms against offenders. The increasingly popular concept of environmental personhood offers a solution by rethinking the meaning of a juridical person within the text of the United Nations Outer Space, Space Liability, and Moon treaties. Utilizing the International Court of Justice, outer space environmentalists can seek to recognize celestial bodies as juridical persons and gain third-party standing to protect the rights of the Moon and seek damages for environmental degradation. Through the exploration of contentious and advisory avenues within the International Court of Justice, this Comment advances a new way of thinking to save extraterrestrial environments.
      PubDate: Tue, 19 Jan 2021 09:46:57 PST
  • A Transnational Law of the Sea
    • Authors: Josh Martin
      Abstract: It is widely accepted that we are presently struggling to govern the vast expanse of the ocean effectively. This Article finally gets to the real cause of much of the failures of the law of the sea: Westphalian sovereignty. In particular, it evidences that certain features of our obstinate model of public international law—such as sovereign exclusivity, equality, and territoriality—can be linked with a large majority of the governance “gaps” in the global ocean context. It thereby exonerates the falsely accused Grotius’s mare liberum doctrine and flag state regulation, which both still continue to receive an unmerited level of condemnation. This Article also argues that worldwide searches for new integrated systems of ocean management are, in fact, a search for a new paradigm of governance, well-known among lawyers, but yet to be thoroughly analyzed in the law of the sea context, that of transnational law and governance. The study supports this conclusion by showing that two principal features of a transnational law of the sea—in the form of multi-stakeholder participation and multi-level governance—have already proven essential in ameliorating many of the routine weaknesses in our present international system of ocean governance.
      PubDate: Tue, 19 Jan 2021 09:46:47 PST
  • Remediation in Foreign Bribery Settlements: The Foundations of a New
    • Authors: Samuel J. Hickey
      Abstract: A handful of nations spearhead the global anti-corruption regime through the transnational enforcement of foreign bribery laws. These laws prohibit corporations with a connection to the enforcing nation from paying or offering bribes to the officials of a foreign nation. Enforcement agencies construe the extraterritorial application of these laws broadly, establishing their global prominence. The most notable example is the United States Department of Justice’s enforcement of the Foreign Corrupt Practices Act of 1977 (FCPA). Enforcement agencies typically resolve investigations against corporations through deferred prosecution agreements and other consensual settlement mechanisms known generally as non-trial resolutions. Fines and penalties paid pursuant to these agreements can extend beyond the billion-dollar mark. In most cases, money paid in fines and penalties goes to the treasury of the enforcing nation. However, a movement has emerged that advocates for the sharing of proceeds of non-trial resolutions with the victims of foreign bribery, namely, citizens and governments in the developing world. This movement is complemented by a small number of instances in which non-trial resolutions have been used to provide remediation in this manner. However, these cases do not reveal a coherent approach to remediation, and enforcement agencies do not have the benefit of any kind of conceptual or practical framework to guide the provision of remediation. The extant literature also fails to consider the many political and practical difficulties of coupling transnational foreign bribery enforcement with a remedial agenda. The purpose of this Article is to address the practicalities of when and how remediation might be written into the terms of non-trial resolutions. To achieve this goal, this Article assumes two functions. First, it offers a conceptual framework to underpin remediation by defining elusive notions such as harm, victimhood, and remediation itself. Second, it presents a list of factors to guide the provision of remediation in foreign bribery cases. The shared benefit of these conceptual and practical frameworks is that they allow remediation in foreign bribery settlements to be approached with newfound precision. These frameworks are ultimately geared toward moving practice forward in this fledging field by improving the consistency of outcomes and developing a body of precedent and best practices.
      PubDate: Tue, 19 Jan 2021 09:46:37 PST
  • Human Rights Disclosure and Due Diligence Laws: The Role of Regulatory
           Oversight in Ensuring Corporate Accountability
    • Authors: Rachel Chambers et al.
      Abstract: The proliferation of human rights disclosure and due diligence laws around the globe is a welcome development in the area of business and human rights. Corresponding improvement in conditions for workers and communities in global supply chains whose human rights are impacted by businesses has not materialized, however. In this Article, we focus on the oversight and enforcement features of human rights disclosure and due diligence laws as one of the missing links to achieving the accountability objectives envisaged by such legislation. Drawing on our analysis of key legislative developments, we observe and critique that the state has almost completely withdrawn itself from the oversight and enforcement roles and assigned these crucial accountability functions solely to consumers, civil society, and investors. Without a regulatory mechanism to ensure quality of human rights disclosures and due diligence processes and to impose sanctions for failing to comply with the laws, not only may the disclosures and processes be inadequate, but there is a danger that misleading disclosures and flawed processes may mask harmful impacts and be detrimental to any hopes of vindicating the rights of workers and communities in global supply chains. We offer a new perspective on a more effective approach to oversight and enforcement in which the state should function as a key actor through which consumers, civil society, and investors can hold businesses accountable.
      PubDate: Tue, 19 Jan 2021 09:46:27 PST
  • Environment, Mobility, and International Law: A New Approach in the
    • Authors: David J. Cantor
      Abstract: The role of international law in regulating international movement in the context of global environment change and hazards remains a topic of intense debate among both legal scholars and practitioners. Yet, as this Article shows, we have largely reached the limits of what existing international law methods and approaches can tell us about the future of the law in this area. By contrast, this Article draws on a detailed regional case study to offer a distinct perspective to that ongoing debate about the role and future of international law. Against the backdrop of emerging patterns of mobility linked to devastating environmental disasters in the Americas, this Article derives new legal insights from in-depth analysis of a developing body of comparative and international legal practice by countries from across this key region.
      PubDate: Tue, 19 Jan 2021 09:46:18 PST
  • Whole Issue (Winter 2021 / 21.2)
    • PubDate: Tue, 19 Jan 2021 09:46:08 PST
  • How Social Media Companies Could Be Complicit in Incitement to Genocide
    • Authors: Neema Hakim
      Abstract: This Comment examines whether social media companies risk international criminal liability when they provide a platform for direct and public incitement to commit genocide. To answer this question, this Comment makes three findings of law. First, pursuant to the Rome Statute, the Genocide Convention, and caselaw from the International Military Tribunal at Nuremberg and the International Criminal Tribunal for Rwanda, incitement to genocide is a crime, not a mode of liability. Second, the mens rea for complicity, according to the Rome Statute, is knowledge, if the crime in question is coordinated by a group (for example, a social media campaign to incite genocide). Third, while corporations generally cannot be subjected to international criminal liability as distinct entities, individuals conducting business on behalf of a corporation are susceptible to liability. This Comment applies the foregoing legal principles to employees at social media companies at various levels of the corporate hierarchy, at times through the example of Facebook in Myanmar. Ultimately, this Comment concludes that individual employees at social media companies may be complicit in incitement to genocide where certain legal requirements are satisfied. This conclusion compels a broader discussion about reforming international criminal law to stem the global propagation of disinformation, where such propagation constitutes incitement to genocid
      PubDate: Wed, 08 Jul 2020 06:43:19 PDT
  • You’re on Native Land: The Genocide Convention, Cultural Genocide, and
           Prevention of Indigenous Land Takings
    • Authors: Bonnie St. Charles
      Abstract: Genocide is a sensitive topic. While the Genocide Convention is traditionally understood, especially in the popular imagination, to prohibit mass killings, its provisions prohibit a far broader array of conduct. While killings of Indigenous peoples have thus frequently been considered to fall within the bounds of the Genocide Convention, crimes against culture—like the taking of ancestral or sacred Indigenous lands—have been considered outside of its bounds. While many of these takings continue to occur today, Indigenous loss of land has been consistent throughout history. This Comment argues that cultural genocide, both as a means and as an end, are properly included within the terms of the Genocide Convention. This Comment further argues that the doctrine of continuing violations, which allows tribunals to exercise jurisdiction over failures to investigate and remediate violations of the Convention, including violations that occurred before a state’s ratification of the Convention, may provide recourse for pre- and postConvention wrongs committed against Indigenous peoples
      PubDate: Tue, 07 Jul 2020 08:55:41 PDT
  • Treaty Interpretation Under a Covenant Paradigm
    • Authors: Jared I. Mayer
      Abstract: Treaty interpretation has long drawn from the practice of contract interpretation. This is because, structurally speaking, treaties and contracts share many features. While the contract paradigm of treaty interpretation may work well for “ordinary” treaties—that is, treaties that have relatively low transaction costs for negotiating and renegotiating, whose fallout would not produce possibly disastrous consequences, and whose contents reify other, previously instantiated commitments between the parties—there is reason to doubt its efficacy with respect to “momentous” treaties. Momentous treaties are those whose transaction costs are tremendously high, fallout from which would jeopardize critical international security and prosperity goals, and that are often not supported by previous treaties securing the same or similar goals. Since the contract paradigm of interpretation largely focuses on the text of a treaty, it might be ill-suited to promote trust between the parties, which is especially important for maintaining momentous treaties. I argue that when it comes to interpreting momentous treaties, international institutions should opt for a “covenant paradigm of interpretation” over the contract paradigm of interpretation. Drawing on historical and anthropological work on the ancient Near East and Bible, I provide an account of “covenant interpretation” that calls on interpreters to focus not only on the text, but also on the parties’ broader shared history and normative values. Using this paradigm, international institutions can remedy contract interpretation’s trust-building deficit
      PubDate: Tue, 07 Jul 2020 08:55:30 PDT
  • The Children of ISIS: Statelessness and Eligibility for Asylum under
           International Law
    • Authors: Ana Luquerna
      Abstract: This Comment focuses on the thousands of foreign children who are indefinitely detained at al-Hol camp in Northern Syria due to their perceived affiliation with ISIS. Specifically, this Comment explores whether stateless children who lived under the ISIS regime and cannot repatriate are eligible for asylum under international law, including the 1951 Convention on the Status of Refugees and its accompanying 1967 Protocol. After examining the relevant international law protecting children and the stateless, this Comment finds that the detention of children at al-Hol camp violates the laws of war and international human rights law. Specifically, the squalid conditions of the camp do not advance the children’s best interest, which every country in the world except the U.S. has committed to uphold through the Convention on the Rights of the Child. Western countries’ refusal to repatriate prevents their citizens from exercising their right to nationality and their right to return to their home country. Thus, the children become de facto stateless when countries refuse to take them back. Taking into consideration the constant violations of international law present at al-Hol camp, this Comment argues that the foreign children at al-Hol camp meet the requirements for refugee status because they are being persecuted as a particular social group (defined as “children who lived in the ISIS regime and who do not have the ability to be repatriated to their home country”). They are persecuted by, first, their home countries, which refuse to repatriate them and, second, the Syrian government and Kurdish administration
      PubDate: Tue, 07 Jul 2020 08:55:20 PDT
  • Domestic Restrictions on Non-Governmental Organizations and Potential
           Protections through Legal Personality: Time for a Change'
    • Authors: Casey Jedele
      Abstract: Non-governmental organizations (NGOs) play a vital role in international law and governance by influencing the formation of international law and serving as watchdogs in the execution of international agreements. However, countries around the world are increasingly wielding overly cumbersome and targeted domestic restrictions against NGOs in the form of both formal legislation and executive policy. These restrictions hinder the ability of NGOs to provide services, raise resources, and fulfill their watchdog role. As such, the restrictions threaten the effectiveness and very existence of NGOs, especially in nations where they are most needed. Evidence suggests that these ramifications are the design of such restrictions. NGOs are limited in their ability to combat such domestic regulations, partially because they do not possess legal personality in the international legal system. Legal personality is defined as the possession of rights and duties by an entity that allow it to sue and be sued. While traditionally only states possessed legal personality, international law has granted exceptions to this rule in a few areas of jurisprudence. This Comment explores the rise in domestic restrictions on NGOs, the legal status of NGOs under the current international regime, the influence of NGOs on international law, and possibilities for NGOs to combat domestic regulations through legal personality. It argues, given the rise of domestic restrictions over the past decade, that it is time for the international system to grant NGOs legal personality and allow NGOs to sue nations that restrict their rights contrary to commitments the nation has made in international agreements. While challenges to legal personality persist, this Comment argues that the United Nations (U.N.) and regional courts, such as the African Court of Human and Peoples’ Rights, present potential avenues for NGOs to attain and exercise legal personality
      PubDate: Tue, 07 Jul 2020 08:55:08 PDT
  • The Impact of Trade and Investment Treaties on Fiscal Resources and
           Taxation in Developing Countries
    • Authors: Sonia E. Rolland
      Abstract: Developing countries need fiscal revenue to build their infrastructure, achieve energy security and environmental sustainability, and provide social services necessary for human development. While trade and investment treaties have typically been assumed to be tax revenue-neutral, economic studies demonstrate that such is not, in fact, the case. The legal literature has not given much consideration to this issue, assuming instead that the tax effects of economic globalization have been addressed by bilateral tax treaties. However, constraints on developing countries’ fiscal resources resulting from trade and investment treaties are complex and nuanced, and they go much beyond the jurisdictional overlaps addressed by tax treaties. Trade and investment treaties constrain how countries design their tax policy, how they enforce it, and how they may change it.This study offers several findings on the impact of trade treaties on the ability to raise revenue and maps issues for policymakers to consider. It analyzes direct fiscal revenue decreases, such as those resulting from lower tariff rates, and indirect constraints on fiscal policy arising from non-discrimination obligations in trade and investment treaties, as well as other investor protection clauses. It then considers whether and to what extent exceptions and carve-out clauses preserve tax policy autonomy. Lastly, it assesses how some developing countries can carve out more policy autonomy for themselves against international regulatory encroachment in current negotiations
      PubDate: Tue, 07 Jul 2020 08:54:56 PDT
  • The Identification of Customary International Law: Institutional and
           Methodological Pluralism in U.S. Courts
    • Authors: Noah A. Bialos
      Abstract: It is well established that there is a consensus, two-element approach to the identification of customary international law. Among international courts and organizations, a customary rule is identified based on evidence of a general practice by states, which is accepted as law. Customary international law, however, is also subject to identification at the national level. For centuries, questions regarding the existence and content of customary international rules have arisen in national courts. Given their own institutionalized methods of resolving legal ambiguity, national courts are thus routinely faced with a normative conflict: is the appropriate method for identifying rules of customary international law located in the national or international realm' By using customary international law as a case study, this Article offers a more nuanced understanding of how international law is localized into U.S. courts. While prevailing theories posit that the diffusion of international rules results in national acceptance or rejection, this empirical analysis demonstrates how normative pluralism may also generate hybridization. As international integration accelerated after World War II, U.S. judges increasingly relied on hybrid models of decision-making that sought legitimacy within both the national and international legal systems.
      PubDate: Tue, 07 Jul 2020 08:54:43 PDT
  • Lawyers, Guns, and Money: The Governance of Business in Conflict Zones
    • Authors: Simon Chesterman
      Abstract: There is a proliferation of literature discussing human rights and business, but far less that looks at the issue of businesses operating in conflict Zones and the applicability of international humanitarian law. This is understandable in terms of the prominence and dynamism of human rights as a sub-discipline, contrasted with the conservatism of international humanitarian law. But from a doctrinal perspective it is somewhat odd, as the direct applicabiIity of human rights norms to business is far less clear than the applicability of international humanitarian law. Section II of this paper describes the normative regime that is set up by human rights and international humanitarian law, before Section III turns to the specific situation of conflict zones and efforts to regulate some of the newer entities on the scene, in particular private military and security companies. Section IV then sketches out a regime that focuses not on toothless regulation, but on a model of governance that combines limited sanctions with a wider structuring of incentives. These three parts are referred to in shorthand as "lawyers," "guns," and "money."
      PubDate: Tue, 07 Jul 2020 07:23:17 PDT
  • When is Cyber Defense a Crime' Evaluating ActiveCyber Defense Measures
           Under theBudapest Convention
    • Authors: Alexandra Van Dine
      Abstract: As cyberattacks increase in frequency and intensity around the globe, private actors have turned to more innovative cyber defense strategies. For many, this involves considering the use of cutting-edge active cyber defense measures—that is, tactics beyond merely erecting firewalls and installing antivirus software that permit cyber defenders to detect and respond to threats in real time. The legality of such measures under international law is a subject of intense debate because of definitional uncertainty surrounding what qualifies as an “active” cyber defense measure. This Comment argues that active defense measures that do not rise to the level of a cybercrime are permissible under international law. Accordingly, it analyzes the Budapest Convention, the only binding international instrument related to cybercrime, and uses its definition of illegal conduct under international law to construct a “stoplight framework” to guide cyber defenders in their actions. Ultimately, this Comment concludes that cyber defenders have a “green light” to use purely passive measures, such as monitoring one’s own network traffic, because these measures are highly unlikely to involve conduct the Budapest Convention criminalizes. Active-passive measures, such as attaching code to intruders that tracks them back to their home base, can in some cases be justified under exceptions to the Convention; accordingly, cyber defenders should proceed with caution. Finally, outright active defense measures nearly always rise to the level of offense conduct under the Budapest Convention, and should not be used. This analysis provides needed clarity as to the legality of conduct in cyberspace, and provides cyber defenders with the guideposts they need to confidently innovate in today’s complex cyber landscape
      PubDate: Mon, 03 Feb 2020 09:18:11 PST
  • The International Human Right to Adequate Housing:An Economic Approach
    • Authors: Sahar Segal
      Abstract: International law recognizes a right to adequate housing. Affordability is one component of this right, and it is increasingly unrealized in highly concentrated cities in advanced economies. The prevailing approach to the right to adequate housing is the human rights approach, which favors government involvement in the market to reduce housing prices, for example, via rentcontrol regulations and policies that limit the use of housing as primarily an investment. This Comment notes that this approach misses the critical fact that governments are already involved in the housing market through the imposition of zoning laws. It suggests that an economic approach, which sees lack of affordability as a problem of supply and demand, is better suited to identifying obstacles to and solutions for the realization of the affordability component of the right to adequate housing. This Comment calls on the U.N. to recognize this approach and use its resources to support states’ implementation of solutions that either decrease housing demand, for example, by restricting foreign residential real estate investment, or increase housing supply, for example, by reforming zoning regulations.
      PubDate: Mon, 03 Feb 2020 09:18:08 PST
  • In Defense of the Special Tribunal for Lebanon and theCase for
           International Corporate Accountability
    • Authors: Osama Alkhawaja
      Abstract: In 2014, the Special Tribunal for Lebanon (“STL”) examined evolving international standards of corporate accountability and held that legal entities can be found liable for criminal conduct as a general principle of international law. Prior to this decision, and in stark contrast to trends in domestic legal regimes, no legal entity had ever been prosecuted, convicted, or sentenced in an international court. Although this marked a watershed moment in global corporate accountability mechanisms, it has had little precedential effect; scholars have argued it is because the decision lacked a valid legal basis and is limited in scope. This Comment addresses these criticisms by examining the legal and historical record informing the decision and corporate accountability in general. Furthermore, it confirms the holding that corporate accountability is a general principle of international law and explores the use of this judgment as the basis for international corporate accountability.
      PubDate: Mon, 03 Feb 2020 09:18:05 PST
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