CJIL Online is the official digital-only imprint of the Chicago Journal of International Law. Established in 2021, CJIL Online furthers the Journal’s mission by highlighting particularly timely, dynamic, and cutting-edge developments in international and comparative law. CJIL Online also strives to be as accessible as possible—both for readers and academics seeking to publish. We review submissions on a year-round, rolling basis and consider a wide range of manuscripts, from shorter Essays to traditional Articles. CJIL Online upholds the Journal’s long-standing values of intellectual curiosity, rigor, and professionalism.

 

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Comment
CJIL Online 5.1
Miners on the Moon: Taking the Framework from the Law of the Sea to Space
George Ericsson
Thank you to the Chicago Journal of International Law and its members for their hard work preparing this Comment for publication. A special thank you to the following individuals for their direct contributions to the project: Professor David Weisbach, Professor Tom Ginsburg, Matthew Lively, Anna Schmidt, and Hana Nasser.
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Comment
CJIL Online 4.1
Minority Rights Protections in the Post-Arab Spring Egyptian and Tunisian Constitutions
Sahar M. Omer
J.D. Candidate 2025, The University of Chicago Law School

I would like to extend my gratitude to the editorial board and staff of the Chicago Journal of International Law and to Professor Tom Ginsburg for advising me. I would also like to thank my friends and family for their constant support.

The 2011 Arab Spring was an inflection point for the Middle East and North Africa region, representing an opportunity for democracies in countries that have only experienced authoritarianism as sovereign nations. Both Tunisia and Egypt drafted and ratified new constitutions in the wake of their revolutions. Among the chief worries that citizens and onlookers had in their drafting processes was the role that Islamists would have, particularly in human rights and minority protections. As more citizens wanted fundamental rights protected in their constitutions, the drafters had the task of incorporating them with the Islamic identity of the state. Compromises by the Tunisian Islamists and secular groups led to a more well-received constitution by minority groups, while the opposite happened in Egypt. This Comment argues, based on the comparative success of the 2014 Tunisian Constitution, that religious-based democratic states will need to include more protections for minority and historically marginalized groups to increase their acceptance and longevity.

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Comment
CJIL Online 4.1
Administering an International Climate Migration Lottery
Hana Nasser
B.A., University of Illinois Urbana-Champaign, Ph.D., University of Virginia, J.D. Candidate at the University of Chicago

I would like to thank my comment editors, Amara Shaikh and Tyler Lawson for their feedback and guidance. Professor Nicole Hallett provided detailed comments on drafts and helped me sharpen the argument. Professor Tom Ginsburg provided valuable feedback on the comment’s proposed design for a climate migration lottery.

Experts predict that millions of people will need to migrate internally and across borders due to global warming. Currently, international legal frameworks do not extend the same legal protections to climate migrants as are afforded refugees and asylum seekers. While international law recognizes the right to asylum based on political persecution, there is no international right to migrate based on climate-based harms that states are legally bound to observe. This Comment proposes a climate migration lottery (CML) that would be administered internationally to address current and future climate-based migration. Under this proposal, receiving states would agree via a treaty to admit their fair share of the total pool of climate migrants selected through the lottery. Migrants from countries with a high susceptibility to having large portions of territory rendered uninhabitable by climate change would be eligible to enter the CML. This comment argues that a CML can alleviate the strain on regions in developing states that must accommodate internally displaced persons as well as the burden on countries that are near low-lying Pacific island states that will experience significant rates of displacement due to sea level rises.

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Comment
CJIL Online 3.2
The Cathedral of Looted Goods: Enforcing Cultural Property Repatriation with Calabresi and Melamed’s Entitlement Protection Rules
Jennifer Kuo

I am endlessly grateful for the staff of the Chicago Journal of International Law, my faculty advisor Professor Lee Fennell, and my family and friends for their continued support, assistance, and guidance throughout the process of writing this Comment.

Normatively, most nations agree that holding onto artifacts belonging to other peoples is both morally and legally unconscionable, but practically, there has been no enforcement scheme under international law for artifacts to finally return home. Calabresi and Melamed’s property, liability, and inalienability rules could be justified and applied to repatriation disputes through consideration of a mixture of economic efficiency, distributive, and justice motivations. Using this framework to create a model of variable protection of international law would create a comprehensive enforcement scheme that resolves the fundamental enforcement problem that international law faces in facilitating repatriation.

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Comment
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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Article
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.