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Displaying 121 - 130 of 243

Linguistic Minorities with Disabilities and the Right to Native Language Instruction

https://cjil.uchicago.edu/print-archive/linguistic-minorities-disabilities-and-right-native-language-instruction
This Comment examines whether international law guarantees for linguistic minorities with disabilities the right to native language instruction.

Applying the United Nations Trafficking Protocol in the Context of Climate Change

https://cjil.uchicago.edu/print-archive/applying-united-nations-trafficking-protocol-context-climate-change
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.

International Law and Transnational Legal Orders: Permeating Boundaries and Extending Social Science Encounters

https://cjil.uchicago.edu/print-archive/international-law-and-transnational-legal-orders-permeating-boundaries-and-extending
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.

Social Science Research and Reforms of International Institutions

https://cjil.uchicago.edu/print-archive/social-science-research-and-reforms-international-institutions
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.

Comparative International Law and the Social Science Approach

https://cjil.uchicago.edu/print-archive/comparative-international-law-and-social-science-approach
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.

How Hackers of Submarine Cables May Be Held Liable Under the Law of the Sea

https://cjil.uchicago.edu/print-archive/how-hackers-submarine-cables-may-be-held-liable-under-law-sea
This Comment evaluates whether states have any legal recourse under public international law against entities that hack into submarine cables.

Measuring the Art of International Law

https://cjil.uchicago.edu/print-archive/measuring-art-international-law
This Essay argues that the social science methodology is a useful adjunct to law, but it cannot replace the humanist ideas that constitute law.

Cured: Proposing a Solution to the Hague Convention’s “Zone of Disease” Defense

https://cjil.uchicago.edu/print-archive/cured-proposing-solution-hague-conventions-zone-disease-defense
This Comment argues that courts should adopt a rebuttable presumption against Hague Convention Article 13(b) defenses to international child abduction that are predicated on the risks of an infectious disease, or “zone of disease” defenses. Taking parents facing Hague Convention litigation have invoked Article 13(b), which provides a defense against a child’s return if there is “a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation," based on the risks associated with international travel during the COVID-19 pandemic.

A Matter of Personal Choice

https://cjil.uchicago.edu/print-archive/matter-personal-choice
This short Essay is a comment on the Lead Essay of the Symposium. It argues that approaches to international law depend on the lawyer's purpose, and that the social science approach overlaps with other methodologies.

The Limits of International Law Fifteen Years Later

https://cjil.uchicago.edu/print-archive/limits-international-law-fifteen-years-later
The Limits of International Law received a great deal of criticism when it was published in 2005, but it has aged well. This Essay reflects on the book’s reception and corrects common misperceptions of its arguments.

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