Print Archive
Relying on a comparison between the cases of Brazil and the U.S. (both facing recent democratic erosion), this Essay shows how Brazilian courts responded to challenges to democracy and how, in the U.S., content moderation generally depends on private actors.
The EU’s latest regulation of social media platforms—the Digital Services Act (DSA)—will create tension and conflict with the U.S. speech regime applicable to social media platforms. The DSA, like prior EU regulations of social media platforms, will further instantiate the Brussels Effect, whereby EU regulators wield powerful influence on how social media platforms moderate content on the global scale.
This Essay discusses the Digital Services Act, the new regulation enacted by the EU to combat hate speech and misinformation online, focusing on the major challenges its application will entail.
The WGAD can serve as a critical forum for protecting free expression—particularly for individuals whose free expression rights may be violated by states not parties to the ICCPR or its Optional Protocol I. This Essay describes the contributions of the WGAD’s recent free speech jurisprudence to the understanding of protected free expression in international law.
Since the Court of Justice of the European Union ruled in Google Spain in 2014, the global legal discourse on the “right to be forgotten” (RTBF) has accelerated the RTBF’s establishment as a right to informational privacy. But international courts have varied in their interpretations and applications of the RTBF, with some embracing it and others being wary of balancing the right with freedom of expression.
This Article proposes a solution to the primary challenge currently confronting governments, employers, and workers under international labor law: how to promote and protect decent labor conditions in global supply chains.
This Article develops the concept of discursive constitutionalism, defined as the construction of constitutionalism through public discourse.
This Article argues that state responses to surrogacy raise serious questions about the state’s discretion to cabin and eliminate reproductive choice and autonomy. True global enjoyment of human rights depends now, and will depend more and more, on how states respond to transnational human rights challenges like that of surrogacy; state cooperation across borders is and will become increasingly necessary to satisfy treaty commitments involving equal and full realization of fundamental rights.
This Comment assesses the bases for U.N. immunity and the similar concept of derivative sovereign immunity, whereby sovereign governments extend their immunity to quasi-government entities and private contractors. It argues that derivative immunity from states is based on a principal-agent relationship and that this relationship may be found in some U.N.-NGO partnerships.
This Comment proposes a novel solution to establish a security deposit program that participating spacefaring nations must pay into in order to launch objects and satellites into outer space, modeled after existing international environmental law efforts to solve the issue of marine debris.
The U.N. World Intellectual Property Organization's recent Draft Articles propose a tiered rights system in which the owners of sacred traditional cultural expressions (TCEs) receive more protective rights than the owners of secular TCEs. While the instinct to protect the intellectual property of indigenous groups is admirable in light of indigenous groups’ exploitation and exclusion from Western intellectual property regimes, a protection system that all nations accept has been difficult to reach. Even more so, a system that differentiates among TCEs based on their sacredness will need to be justified to convince as many nations as possible (or at least a critical mass of nations that heavily influence international intellectual property policy) to adopt WIPO’s proposed system. This Comment explores potential justifications for the Draft Provisions’ sacred versus secular distinction.
Private companies’ collection of facial images is on the rise globally, which has major implications for both economic development and privacy laws. This Comment uses the facial recognition technology company Clearview AI and the video sharing app TikTok as case studies to examine the problems raised by these practices.