Displaying 41 - 50 of 240

In international trade, State interventions often challenge the efficacy of traditional anti-dumping and countervailing measures under the World Trade Organization (WTO) framework. This article examines the limitations of the Anti-Dumping Agreement and the Agreement on Subsidies and Countervailing Measures (SCM Agreement) in addressing State interventions, such as export taxes, export bans on raw materials, and non-commercial activities by State-owned enterprises.

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.

Normatively, most nations agree that holding onto artifacts belonging to other peoples is both morally and legally unconscionable, but practically, there has been no enforcement scheme under international law for artifacts to finally return home. Calabresi and Melamed’s property, liability, and inalienability rules could be justified and applied to repatriation disputes through consideration of a mixture of economic efficiency, distributive, and justice motivations. Using this framework to create a model of variable protection of international law would create a comprehensive enforcement scheme that resolves the fundamental enforcement problem that international law faces in facilitating repatriation.

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.

Multilingual treaties have a long history of interpretation at the International Court of Justice. Yet the ICJ has often ignored their unique features and interpreted them as they would any other treaty. This has led to judgments and advisory opinions that fail to reconcile discrepancies between language versions of multilingual treaties and therefore do not follow the interpretive guidelines set under Article 33 of the Vienna Convention on the Law of Treaties. Yet these issues facing the ICJ are not unique to that Court. Many jurisdictions face the problems of multilingualism and use novel solutions that the ICJ could incorporate. This Comment begins by analyzing two challenges facing multilingual legislation in Canada and the European Union, namely: de facto unilingualism and discrepancies in language versions. Next, it will argue that both jurisdictions have relied on unique solutions to address those two challenges. Finally, this Comment will turn its attention back to multilingual treaties and the ICJ. It will argue that the same challenges that face multilingual legislation exist for multilingual treaties. Given this, it will argue that the solutions used by Canada and the EU can be applied in the context of treaties and the ICJ should adopt those solutions to better reflect the purposes of Article 33 of the Vienna Convention and the unique principles of multilingual treaties.

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.