23.2
Winter
2023

Print
Article
23.2
Hiding in Plain Sight: An ILO Convention on Labor Standards in Global Supply Chains
James J. Brudney
Joseph Crowley Chair in Labor and Employment Law, Fordham Law School.

Thanks to William Alford, Kate Andrias, Aditi Bagchi, Janice Bellace, Martha Chamallas, Colin Fenwick, Jennifer Gordon, Desiree LeClercq, Kamala Sankaran, Lee Swepston, Bernd Waas, and Benjamin Zipursky for valuable comments and suggestions at different stages of this project; to Janet Kearney for superb research assistance; and to Fordham Law School for generous financial support. The author is a member of the International Labor Organization Committee of Experts, but this Article is presented solely in his individual capacity as a law professor. It does not reflect the views of the Committee or the ILO.

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.

Print
Article
23.2
Discursive Constitutionalism
Ngoc Son Bui
Professor of Asian Laws, Faculty of Law, University of Oxford.

Many thanks to Timothy Endicott, Tom Ginsburg, Tarun Khaitan, Genki Kimura, Han Liu, Koichi Nakano, and participants of the Oxford Faculty Research Seminar for their useful comments.

This Article develops the concept of discursive constitutionalism, defined as the construction of constitutionalism through public discourse.

Print
Article
23.2
Accounting for the Selfish State: Human Rights, Reproductive Equality, and Global Regulation of Gestational Surrogacy
Claudia Flores
Clinical Professor of Law, Yale Law School.

This paper was presented at a faculty workshop at Yale Law School in March 2022. As such, it benefitted from insight, comments, and suggestions from workshop attendants. Special thanks to Doug NeJaime, Judith Resnik, Amy Kapzynski, Oona Hathaway, Michael Wishnie, Jim Silk and Mindy Roseman for conversation and suggestions. Thanks, as well, to Tom Ginsburg for thought-provoking discussions on surrogacy in the course of producing Episode 5 in Season 1 of the Entitled Podcast. Past collaborations with the U.N. Office of the High Commissioner for Human Rights and the Center for Reproductive Rights served as a critical background to this work. I’m grateful to Carol Kim, Maggie Niu, Elizabeth Lindberg, Sophie Desch, and Simone Gewirth for excellent research and editing assistance. A final thanks to the student research team of the University of Chicago Law School Global Human Rights Clinic (Kelly Geddes, Marcela Barba, Marie Umbach, and Alexa Rollins) who were partners in the fact-finding in Cambodia and the interviews of A, C, and K.

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.

Print
Comment
23.2
Applying Derivative United Nations Immunity to Humanitarian NGOs
Tori Keller
B.A. 2017, Stanford University; J.D. Candidate 2023, 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 Eric Posner for his insightful feedback.

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.

Print
Comment
23.2
It’s Raining Rockets: Heightening State Liability for Space Pollution
Sraavya Poonuganti
J.D. Candidate, 2023, University of Chicago Law School; B.A., 2019, College of William & Mary.

First, I would like to thank the entire editorial board and staff of the Chicago Journal of International Law for their assistance and feedback in refining this Comment. Second, I would like to thank Professor Lee Fennell for her invaluable mentorship and guidance in writing this piece. Finally, I would like to thank my family and friends for their endless love and support.

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.