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Comment
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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Article
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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Article
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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Article
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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Article
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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Comment
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.

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Comment
24.1
The Honeypot Stings Back: Entrapment in the Age of Cybercrime and a Proposed Pathway Forward
Renée N. Girard
B.A. 2020, Cornell University, College of Arts and Sciences; J.D. Candidate 2024, The University of Chicago Law School.

I would like to thank Professor Curtis Bradley, Katherine Koza, and Marin Murdock for their thoughtful guidance and encouragement. Thank you to the editorial board and staff of the Chicago Journal of International Law for their assistance and support throughout the publication process.

Law enforcement efforts to respond to cybercrime through cyber sting operations call into question the degree to which individuals are protected by the entrapment defense. This Comment proposes that the international community modify the Budapest Convention to establish a “minimum floor” of entrapment rights. This approach would require countries, at a minimum, to consider entrapment as grounds for mitigation at sentencing or discretionary exclusion of evidence.

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Comment
24.1
Cracks in the Sandbox: Mobilizing Existing International Legal Tools to Fill Gaps in Sand Mining Regulations
Warren E. Yu
B.A. 2020, University of Michigan; J.D. Candidate 2024, 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 William H.J. Hubbard for inspiring me throughout the publication process. I would also like to thank my family for their endless love and support.

Sand sustains the foundations of modern economies, but almost nothing exists in the way of global sand regulation and governance. This Comment argues that possible governance solutions will need to come from what we currently have in the legal toolbox.

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Essay
24.1
Propaganda for War & International Human Rights Standards
Evelyn Aswad
Herman G. Kaiser Chair in International Law at the University of Oklahoma College of Law.

The author thanks Devraat Awasthi, Maddison Craig, and Leslee Roybal for their research assistance. The author also thanks Todd Buchwald, Nadine Strossen, and Elizabeth Amory for their comments on draft sections of this Essay. The views in the Essay are solely those of the author.

This Essay unpacks the scope of ICCPR Article 20(1)’s prohibition on war propaganda, providing an overview of existing interpretations and then proposing a way to reconcile the ICCPR’s ban on propaganda for war with the treaty’s otherwise broad protections for freedom of expression.

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Essay
24.1
Democracy, Social Media, and Freedom of Expression: Hate, Lies, and the Search for the Possible Truth
Luís Roberto Barroso
Justice of the Brazilian Supreme Court. Professor of Law, Rio de Janeiro State University – UERJ. LL.M., Yale Law School (1989). SJD, UERJ (1990). Senior Fellow at the Harvard Kennedy School. Former President of the Brazilian Superior Electoral Court (2020–2022).
Luna van Brussel Barroso
LL.M., Yale Law School (2023). PhD candidate, University of São Paulo. Masters in Public Law, Rio de Janeiro State University (2021). JD, Fundação Getúlio Vargas.

This Essay is a critical reflection on the impact of the digital revolution and the internet on three topics that shape the contemporary world: democracy, social media, and freedom of expression.

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Essay
24.1
The Future of International Law Freedom of Journalism: A Transitional Justice Framework
Edward L. Carter
J.D., LL.M., M.St.; Professor of Communications, Brigham Young University.

The overwhelming majority of digital and physical attacks on journalists are done with impunity. The international human rights law concept of transitional justice could bolster collective will and inform legal mechanisms to combat such impunity.