Volume 24.2

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24.2
Cocoa Crisis: Cartelizing West African Cocoa in Response to the Persistent Use of Child Labor
Matthew Trevisani

I would like to thank both the editing staff of the Chicago Journal of International Law and my faculty advisor Sarah Konsky for their support and assistance throughout the writing of this Comment. 

The lack of resources that afflicts Ghanian and Ivorian enforcement of child labor prohibitions has allowed for the continued use of child labor in the cocoa industry. This Comment proposes a novel solution to establish an intergovernmental organization, or commodity cartel, between Ghana and Côte d’Ivoire to better regulate and coordinate cocoa export and growth, modeled after existing commodity cartels.

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24.2
International Administrative Tribunals and Cross-Fertilization: Evidence of a Nascent Common Jurisprudence?
Jason Morgan-Foster
Legal Officer/Secretary of the Court, International Court of Justice. The views expressed are those of the author and in no way bind the International Court of Justice.

This Article concerns International Administrative Tribunals, the dispute-resolution bodies between staff members and the administration of international organizations. It argues that, contrary to popular belief, the some twenty-five different IATs currently in existence are no longer functioning individually but rather citing to each other with increasing frequency and, in so doing, developing a common jurisprudence of international administrative law.

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24.2
Cooperative Federalism and Patent Legislation: A Study Comparing China and the United States
Taorui Guan
Research Assistant Professor, University of Hong Kong Faculty of Law; S.J.D. University of Virginia School of Law.

The author would like to thank Margo A. Bagley, Eric Ip, Xin He, Ying Xia, Ying Zhu, Sida Liu, Hui Jing, Han Zhu, Hualing Fu, Lisa Larrimore Ouellette, Jyh-An Lee, and participants of the Chinese Law Workshop of University of Hong Kong Faculty of Law and of the 2023 Intellectual Property Scholars Conference for their comments, suggestion, and feedback. All errors and omissions remain mine alone.

How should patent legislative power be allocated between central and local governments in order to construct a patent system conducive to promoting innovation? A comparative analysis of the models of the U.S. and China sheds light on this question. Compared to the current centralized patent legislation model in the U.S., China’s semi-decentralized patent legislation model has the advantage of making statutory law more adaptable to local specificities.

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24.2
One Click from Conflict: Some Legal Considerations Related to Technology Companies Providing Digital Services in Situations of Armed Conflict
Jonathan Horowitz
Legal Adviser at the International Committee of the Red Cross (ICRC).

I would like to thank Samit D’Cunha, Pierrick Devidal, Laurent Gisel, Duncan Hollis, Victoria Luckenbaugh, Kubo Mačák, Ralph Mamiya, Laura Walker McDonald, Matt Pollard, Tilman Rodenhäuser, Fasya Addina Teixeira, Mauro Vignati, Lakmini Seneviratne, Austin Shangraw, Mark Silverman, and Claude Voillat for their comments on earlier drafts. This article was written in a personal capacity and does not necessarily reflect the views of the ICRC.

Private technology companies are increasingly providing their digital goods and services to clients living and working in situations of armed conflict. This paper’s premise is that as tech companies increase their involvement in armed conflict, the legal implications they face under international humanitarian law—a body of law that regulates who and what is protected from the hostilities of armed conflict—also rise.

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24.2
Enforceability of Choice of Court Clauses in Transnational Agreements: the 2005 Hague Convention, Its Implementation in Contracting States, and the U.S. Approach
M. Veronica Saladino
Visiting Assistant Professor, Gonzaga University School of Law.

Thank you to Professor David Stewart, whose expertise and mentorship have been instrumental in shaping the quality and depth of this work. Professor Stewart’s dedication to advancing knowledge in the field of Private International Law has been an inspiration. Thank you also to the editors of the Chicago Journal of International Law for their excellent comments and edits.

Parties involved in transnational business naturally expose themselves to peculiar international risks, including the possibility of having a foreign court resolve their future disputes. To reduce uncertainty, transnational contracts often contain a so-called “choice of court” (or “choice of forum”) clause to dictate where future disputes should be resolved. This Article analyzes recent judicial decisions involving their enforceability.

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24.2
Brexit Backslide: How the United Kingdom’s Break from the European Union Could Erode Female Labor Rights
Katherine Ryan
B.A. 2019, The State University of New York at Binghamton; J.D. Candidate 2024, The University of Chicago Law School.

I would like to extend my gratitude to Professor Tom Ginsburg and the editorial board and staff of the Chicago Journal of International Law for inspiring me during the publication process. I would also like to thank my parents, siblings, Otto, and Arthur for their constant love and support throughout my time in law school.

Britain’s retreat from the E.U. has demonstrated the deep connection between its domestic law and E.U. law. With the Revocation and Reform Act’s recent passage, the resulting loss of E.U. law from British domestic law may create legal holes that leave women in the workforce unprotected. This Comment serves as a cautionary tale for other European countries, and provides a path forward for British activists looking to protect the rights of women.

CJIL Online 3.1

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CJIL Online 3.1
Ending the Race to the Bottom: Analyzing A Recent Global Agreement on Corporate Taxation
Rupan Bharanidaran
B.A. 2018, University of California, Los Angeles; J.D. Candidate 2024, The University of Chicago Law School.

I would like to thank Professor Adam Chilton and the Chicago Journal of International Law staff for their assistance and guidance with this comment.

In October 2021, the Organization for Economic Cooperation and Development announced a global tax agreement that creates a territorial tax system and imposes a 15% global minimum tax. This Comment analyzes the OECD agreement by using case studies of previous multilateral tax proposals to provide historical context and by delving into various criticisms of the agreement.

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CJIL Online 3.1
Justice from the General Assembly: An International Tribunal for the Crime of Aggression in Ukraine
Graham M. Glusman
Graham M. Glusman graduated from Columbia Law School and Amsterdam Law School in 2023 with a J.D. and an LL.M. in International Criminal Law. He earned his B.A. from Columbia University in 2019. He is currently employed at a major law firm in New York where he focuses on international arbitration and white collar litigation.

The author would like to extend his gratitude to Professor Lori Damrosch at Columbia Law School and Professor Tomas Hamilton at Amsterdam Law School for their frequent encouragement and invaluable guidance throughout the writing process. The author would also like to thank the incredibly talented editors at CJIL. All opinions expressed in this Article are the author’s own and do not reflect the views of the author’s employer.

In February 2022, the Russian Federation invaded the territory of Ukraine, igniting the largest military conflict in Europe since the end of the Second World War. This Article argues that under the powers articulated in the 1950 Uniting for Peace resolution, the General Assembly has the authority to convene an international tribunal capable of prosecuting the crime of aggression in Ukraine.