Print Archive
International human rights jurisprudence has increasingly mandated state action which integrates a gender perspective, taking into consideration the discriminatory norms, harmful social practices, stereotypes, and violence that women have and still suffer. A range of supranational bodies have issued case decisions promoting the adoption of gender-sensitive legislation, policies, programs, and the establishment of administration of justice systems well-trained and equipped to address women’s rights violations. This article discusses how the conception of this gender perspective has evolved over time and is now centered on the pursuit of autonomy for women.
In the context of adoption, subsidiarity is the principle that children should remain with their birth families whenever possible, and whenever not possible, that in-country placements should take precedence over intercountry adoption. This Comment looks at the specific meaning of subsidiarity in the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. It highlights that the convention does not require intercountry adoption be a last resort, but rather that “due consideration” be given to placements “within the State of origin.” It reveals a broad trend of these countries implementing stricter and stricter conceptions of subsidiarity over time and concludes that presently all three countries go far beyond what the convention requires, potentially in ways that undermine the best interests of the child.
In 2023, the People’s Republic of China (PRC) released a draft regulation restricting minors’ screen time and internet use, which imposes a significant burden not only on children, but also on technology and internet companies that wish to continue operating in the country. However, the PRC’s proposed minor mode regulation is neither an extreme departure from the types of restrictions neighboring countries in East Asia have imposed on children’s screen time and internet use, nor its own previous regulations in this area. As such, it is unlikely to have violated a norm of customary international law against restricting children’s internet use.
This Comment provides a comprehensive legal analysis of the potential investor-state disputes arising from Germany’s groundbreaking Coal Exit Act, which utilizes reverse auctions to phase out coal-fired power plants. It investigates potential breaches of the Energy Charter Treaty (ECT), delves into Germany’s possible defenses to a prospective claim, and concludes by proposing a more efficient buyout transaction structure that leverages carbon markets to enable comparable emissions reductions at a lower marginal cost of abatement and reduce the state’s exposure to ISDS claims.
How do constitutions change in response to social problems? This Article explores why constitutions in three East Asian countries, namely Japan, Indonesia, and China, changed rapidly during times of social crisis and then incrementally evolved during periods of stability. It looks for explanations in historical institutionalism, a novel theory developed to understand the factors that give rise to the creation, persistence, and change of political institutions, such as constitutions.
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.
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.
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.
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.
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.
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.
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.