CJIL Online 2.1
Winter
2023

Online
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.

Online
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.

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