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.

 

Online
Comment
CJIL Online 2.2
Constitutional Incorporation of International Human Rights Standards: An Effective Legal Mechanism?
Mary Kathryn Healy
B.A. 2020, Emory University; J.D. Candidate 2024, The University of Chicago Law School.

Thank you to my family and my partner for their unwavering support. Thank you to the members of the Chicago Journal of International Law and the CJIL Online team for their wonderful feedback and advice. And finally, thank you to Professor Aziz Huq for his generous advice on this Comment and Professor Tom Ginsburg for fostering my interest in comparative law.

This Comment analyzes the range of ways that constitutions tend to incorporate human rights. It argues that the success of the method of incorporation of human rights conventions into constitutions does not produce the results one would expect, but hinges on whether the construction is able to strike a balance between ensuring that the judiciary implements international human rights standards while still leaving the judiciary with meaningful independence and agency.

Online
Comment
CJIL Online 2.2
Family Influencing in the Best Interests of the Child
Rachel Caitlin Abrams
B.A. 2020, University of Chicago; J.D. Candidate 2024, The University of Chicago Law School.

I would like to thank the board and staff of the Chicago Journal of International Law for their constant guidance and support and Professor Emily Buss for her insightful feedback.

Family influencer and parent-facilitated child influencer content has gained popularity and many parents are making significant money by sharing content featuring their children. This Comment assesses the potential dangers that arise from sharing a child’s personal information on a public forum and how the Convention on the Rights of the Child (CRC) can be utilized to protect the children of family influencers from exploitation on social media.

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Article
CJIL Online 2.2
Technologically Enabled Surrender Under the Law of Armed Conflict
David A. Wallace
Brigadier General (ret.) David A. Wallace previously served as the Professor and Head, Department of Law, United States Military Academy, West Point, New York, and has been designated a Professor Emeritus. He is currently the United States Naval Academy Class of 1971 Distinguished Military Professor of Law & Leadership.

The views expressed in this work are those of the authors. They do not necessarily reflect the official policy or position of the United States Naval Academy, United States Military Academy, the Department of the Navy, the Department of the Army, or the Department of Defense.

Shane R. Reeves
Brigadier General Shane R. Reeves is the 15th Dean of the Academic Board of the United States Military Academy, West Point.

The views expressed in this work are those of the authors. They do not necessarily reflect the official policy or position of the United States Naval Academy, United States Military Academy, the Department of the Navy, the Department of the Army, or the Department of Defense.

Christopher J. Hart
Lieutenant Commander Christopher J. Hart is a submarine officer stationed at the United States Naval Academy as a senior instructor in the Leadership, Ethics, and Law Department.

The views expressed in this work are those of the authors. They do not necessarily reflect the official policy or position of the United States Naval Academy, United States Military Academy, the Department of the Navy, the Department of the Army, or the Department of Defense.

This Article discusses the development of the modern legal consequences of surrender under the law of armed conflict and explores how technologically enabled surrender is being used in Ukraine. It concludes with an analysis of the impact of these technologies on the surrender process and presents an adaptive interpretation of existing norms, leading to three overarching themes.

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Article
CJIL Online 2.1
A Hague Parallel Proceedings Convention: Architecture and Features
Paul Herrup and Ronald A. Brand
Paul Herrup is member of the Pennsylvania Bar. Ronald A. Brand is the Chancellor Mark A. Nordenberg University Professor and Academic Director of the Center for International Legal Education at the University of Pittsburgh School of Law.

Both authors were members of the Experts Group and are current members of the Working Group considering a convention on parallel proceedings at the Hague Conference on Private International Law. This Article is prepared entirely in their personal capacity and should not be taken to represent the position of any delegation, state, office, or institution.

The Hague Conference on Private International Law has established a working group to examine a possible international instrument applicable to the same or related actions in courts in different countries. The goal of the project should be to improve the efficiency of resolving such situations and providing as complete a resolution as possible by channeling litigation to the “better forum.” Current approaches—lis alibi pendens in the civil law world and forum non conveniens in the common law world—are not working well and are likely to be increasingly inadequate in an ever more complex and fluid world. In this Article we provide suggestions on the architecture and certain critical features of a convention in this area.

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Comment
CJIL Online 2.1
Corporate Criminal Law and Anticorruption in the Northern Triangle
Alex Green
J.D. Candidate, University of Chicago Law School, 2023.

Thank you to Delaney Prunty, Michael Morgan, Molly Stepchuk, Professor Tom Ginsburg, and the CJIL staff for your feedback, advice, and support. Thank you to Professor Jennifer Arlen for your research on corporate compliance and your openness to outreach. And thank you to the staff of the Washington Office on Latin America for your research and reporting on corporate corruption in the Northern Triangle, which made much of this Comment possible.

This Comment argues that corporate anticorruption compliance programs would complement existing anticorruption strategies in the Northern Triangle.

Online
Essay
CJIL Online 2.1
A Global Migration Framework Under Water: How Can the International Community Protect Climate Refugees?
Caitlan M. Sussman
Caitlan M. Sussman is an attorney at a major international law firm. She earned a J.D. from the University of Chicago Law School in 2022 and a B.A. from Cornell University in 2016.

This Essay is dedicated to Claire M. Sussman, David L. Sussman, Michael J. Sussman, and Rona E. Weitz. The author would like to thank these individuals for instilling in her an awareness of the climate crisis, an understanding of the plight of displaced people, and a dedication to making the world a more sustainable and equitable place. The author would also like to extend her gratitude to the members of the CJIL Online Board and Professor Tom Ginsburg for their invaluable assistance during the publication process. All opinions expressed in this Essay are the author’s own and do not reflect the views of the author’s employer.

In 2020, an international tribunal acknowledged in a landmark decision that deportation to a place where climate change would put an individual’s life at risk may violate certain provisions of international human rights law. Yet, the tribunal failed to formally recognize climate refugees or provide recommendations for their protection, perpetuating a “legal void” in the global migration framework. This Essay examines how existing provisions of refugee law, international human rights law, and international environmental law could be expanded to fill this void that legal scholarship has not directly addressed.

Online
Comment
CJIL Online 1.2
“Who Dares, Wins:” How Property Rights in Space Could be Dictated by the Countries Willing to Make the First Move
Morgan M. DePagter
J.D. Candidate at The University of Chicago Law School, Class of 2023.

The author would like to thank her entire family for their support, including her parents, her sisters, and Nicholas Jantschek. The author is also grateful to the entire Chicago Journal of International Law for their excellent feedback and assistance, as well as to Professor Curtis Bradley for his insight into the topic.

This Comment considers the four countries that have passed domestic legislation giving private property rights over extracted space resources to their citizens: the United States, the United Arab Emirates, Luxembourg, and Japan.

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Article
CJIL Online 1.2
Recognition De Facto, Recognition De Jure, and the United States’ Policy Toward the Soviet Annexation of the Baltic Republics
Evgeny Tikhonrarov
Associate Professor, Siberian Federal University School of Law.

This work was conceived during my research stay at Friedrich Schiller University Jena in 2019 on an Erasmus+ Staff Mobility Grant. I am grateful to Professor Mikulas Fabry for his extensive and valuable comments on an earlier version of this Article. I have also benefited from comments by participants of the 4th Annual Conterence of the Central and Eastern European Network of Legal Scholars held at the Higher School of Economics in Moscow. Deep thanks as well to the editors of the Chicago Journal of International Law for their outstanding work. Views, omissions, and errors are, of course, my own.

This Article seeks to determine which scholarly approach regarding de jure and de facto recognition is most consistent with the U.S.’s actual attitude toward the Baltic annexation.

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Article
CJIL Online 1.2
The Erosion of the Prohibition on the Use of Force in the Face of United Nations Security Council Inaction: How Can the United Nations General Assembly Maintain International Peace?
Nadia Ahmad

I want to thank my professors at the Case Western Reserve University School of Law. I am grateful to Michael P. Scharf, Dean of the School of Law, and Jonathon Gordon, Director of the S.J.D. Program, for their expert guidance and encouragement. I also want to thank the Fineman and Pappas Law Libraries of the Boston University School of Law, especially Director Ronald E. Wheeler, for continued support and mentorship.

This Article looks at how the Uniting for Peace Resolution could have mitigated the suffering in Syria, and how it can be used effectively in future conflicts.

Online
Essay
CJIL Online 1.1
An Examination of U.S. Jurisdiction and Enforcement of U.S. Judgments Abroad in the Context of North Korean Cyberattacks
Carol Kim
J.D. Candidate 2022, The University of Chicago Law School.

This paper is dedicated to the memory of Dr. Charn-kiu Kim, who was a preeminent scholar and professor of international law and a loving grandfather who inspired the author to pursue international law and carry on his legacy.

This Essay presents a hypothetical case in which North Korean operatives, aided by operatives from Russia and China, have stolen $500 million in COVID-19 relief funds from the U.S. Treasury through hacking, all while residing in their respective countries. The purpose of this hypothetical is to explore the legal bases that the United States may use to prosecute cybercrimes and obtain judgments against foreign cybercriminals.

Online
Article
CJIL Online 1.1
Stag Hunt: Anti-Corruption Disclosures Concerning Natural Resources
Aleydis Nissen
Aleydis Nissen is a postdoctoral researcher at Leiden Law School, Vrije Universiteit Brussel (sponsored by FWO Postdoc grant 74910) and Université libre de Bruxelles (sponsored by F.R.S. FNRS Chargé de Recherche Fellowship grant FC 38129). Recently, she won the Andrés Bello (J.B. Scott) Prize in International Law of the Geneva-based Institut de Droit International for other research.

She wants to thank Nicole Briones, Susan Cleary, Kathy Luo, Maria O’Keeffe, Amber Stewart, Leonie van Moorsel, and Kaylee Yocum for their comments and support. Any mistakes remain, of course, the sole responsibility of the author.

This Article argues that the long process of creating the rules for Disclosure of Payments by Resource Extraction Issuers, while frustrating for SEC officials and staff, can be conceptualized as a “stag hunt” involving other countries that host extraction companies on their stock exchanges.