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Displaying 71 - 80 of 240

A Hague Parallel Proceedings Convention: Architecture and Features

https://cjil.uchicago.edu/online-archive/hague-parallel-proceedings-convention-architecture-and-features
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.

Corporate Criminal Law and Anticorruption in the Northern Triangle

https://cjil.uchicago.edu/online-archive/corporate-criminal-law-and-anticorruption-northern-triangle
This Comment argues that corporate anticorruption compliance programs would complement existing anticorruption strategies in the Northern Triangle.

A Global Migration Framework Under Water: How Can the International Community Protect Climate Refugees?

https://cjil.uchicago.edu/online-archive/global-migration-framework-under-water-how-can-international-community-protect
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.

Hiding in Plain Sight: An ILO Convention on Labor Standards in Global Supply Chains

https://cjil.uchicago.edu/print-archive/hiding-plain-sight-ilo-convention-labor-standards-global-supply-chains
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.

Discursive Constitutionalism

https://cjil.uchicago.edu/print-archive/discursive-constitutionalism
This Article develops the concept of discursive constitutionalism, defined as the construction of constitutionalism through public discourse.

Accounting for the Selfish State: Human Rights, Reproductive Equality, and Global Regulation of Gestational Surrogacy

https://cjil.uchicago.edu/print-archive/accounting-selfish-state-human-rights-reproductive-equality-and-global-regulation
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.

Applying Derivative United Nations Immunity to Humanitarian NGOs

https://cjil.uchicago.edu/print-archive/applying-derivative-united-nations-immunity-humanitarian-ngos
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.

It’s Raining Rockets: Heightening State Liability for Space Pollution

https://cjil.uchicago.edu/print-archive/its-raining-rockets-heightening-state-liability-space-pollution
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.

The Dye Prize

https://cjil.uchicago.edu/dye-prize
The Gene and Joy Dye Prize in International and Comparative Law was established in 2022 by Gene Dye, ’67, and his wife, Joy.

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