Print Archive
The persistent objector doctrine (POD) in international law provides that a rule of customary international law (CIL) will not oblige a state that has persistently objected to the development of the rule. The doctrine requires that the objection be “persistent” and “consistent” and that it not be contradictory. This Article offers a novel understanding of “contradiction.”
This Article fills a gap in existing scholarship by offering a comprehensive explanatory and functional theory of the role of the past as a constraint in domestic and global politics, or, in short, a theory of political stare decisis.
This Comment argues that a claim brought on behalf of Australia's "Stolen Generations" at the International Court of Justice could correct the Court’s jurisprudential errors in its application of the Genocide Convention and enable the Stolen Generations to achieve justice.
This Article offers a unique typological framework to study the evolution of International Commercial Courts (ICCs). It argues that the most apt characterization of the relevant power dynamics is “co-opetition,” a combination of “cooperation/collaboration/complementarity” and “competition.”
Drawing on the moral philosophy of torture, this Article argues that siege starvation is a war crime of societal torture. Recognizing this redefines the meaning and place of the crime in the framework of international criminal law.
Using U.N. Human Rights Council Resolution 26/9 and its proposed legally binding instrument as a new avenue for transnational corporate accountability, this Comment examines FIFA’s liability for human rights violations in Qatar connected to the World Cup.
This Comment examines whether international law guarantees for linguistic minorities with disabilities the right to native language instruction.
This Comment responds to a lack of scholarship on the climate change-human trafficking nexus by exploring the predicted impacts of climate change on human trafficking. In light of these forecasted developments, this Comment argues that the United Nations Trafficking Protocol contains a textual basis through which states may recognize people who have been made vulnerable to trafficking by climate change.
This Essay elaborates in three ways the call for a renewal of social science approaches to international law advanced by Daniel Abebe, Adam Chilton, and Tom Ginsburg.
Using investor-state dispute settlement as an example, this Essay discusses how the social science approach can be applied to help understand the causes of the problem of excessive duration and costs of investor-state arbitration proceedings.
This Essay advocates for the use of the social science approach in the study of international law, based on the example of comparative international law—specifically, Islamic law states’ views of the global order.
This Comment evaluates whether states have any legal recourse under public international law against entities that hack into submarine cables.