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Vol. 52 No. 3 – Table of Contents

Jul 12, 2019

Vol. 52 No. 3 – Table of Contents

VOLUME 52 MAY 2019 Number 3 ARTICLES Using the WTO to Facilitate the Paris Agreement: A Tripartite Approach Antonia Eliason ……………………………………………………………………………………………………………….. 545 Do Human Rights Treaties Matter: The Case for the United Nations Convention on the Rights of People with Disabilities Arlene S. Kanter ………………………………………………………………………………………………………………. 577 The Soft Power of Dissent: The Impact of Dissenting Opinions from the Russian Constitutional Court Ale

Using the WTO to Facilitate the Paris Agreement: A Tripartite Approach

Jul 10, 2019

Using the WTO to Facilitate the Paris Agreement: A Tripartite Approach

Author: Antonia Eliason PDF: Using the WTO to Facilitate the Paris Agreement: A Tripartite Approach Abstract Climate change is the greatest threat humanity has faced, and its challenges can only be addressed through multilateral means. Lacking in accountability and enforcement mechanisms, however, the Paris Agreement requires additional support to achieve its full effect. Although not perfectly aligned with the goals of the Paris Agreement, the WTO’s multilateral framework co

Do Human Rights Treaties Matter: The Case for the United Nations Convention on the Rights of People

Jul 9, 2019

Do Human Rights Treaties Matter: The Case for the United Nations Convention on the Rights of People

Author: Arlene Kanter PDF: Do Human Rights Treaties Matter Abstract In the United States, and throughout many other parts of the world, we are witnessing attacks on basic human rights. As poverty, inequality, and suffering are evident in so many parts of the world today, there are those who say that the entire human rights regime has failed. This author does not agree. While it is true that human rights treaties have not realized their full potential in every country that has

The Soft Power of Dissent: The Impact of Dissenting Opinions from the Russian Constitutional Court

Jul 8, 2019

The Soft Power of Dissent: The Impact of Dissenting Opinions from the Russian Constitutional Court

Author: Alexandra Orlova PDF: The Soft Power of Dissent: The Impact of Dissenting Opinions from the Russian Constitutional Court Abstract This Article poses a question regarding the importance of judicial dissents emanating from constitutional courts. It examines the power of dissents emanating from the Russian Constitutional Court, given the fact that the Russian government has invested a significant effort in suppressing dissenting voices. The very presence of dissents in t

Artificial Islands and Territory in International Law

Jul 6, 2019

Artificial Islands and Territory in International Law

Author: Dr. Imogen Saunders PDF: Artificial Islands and Territory in International Law Abstract Artificially created islands are a contemporary reality, created and used for military and nonmilitary purposes. Analysis of such islands has largely been limited to their status under the United Nations Convention on the Law of the Sea (UNCLOS) regime. Their position under general international law, however, remains unclear. In particular, the question of whether artificial island

Regulating Corruption in Intercountry Adoption

Jul 5, 2019

Regulating Corruption in Intercountry Adoption

Author: Jordan Bunn PDF: Regulating Corruption in Intercountry Adoption Abstract The current regulatory system for intercountry adoption has failed parents, children, and governments. Impoverished parents and children have been exploited by crooked adoption agencies, orphanage directors, and bureaucrats looking to profit from well-meaning prospective parents who will pay significant fees in order to adopt. While the 1993 Hague Convention on the Protection of Children and Coop

Climate Change Refugees in the Time of Sinking Islands

Jul 3, 2019

Climate Change Refugees in the Time of Sinking Islands

Author: Jane Steffens PDF: Climate Change Refugees in the Time of Sinking Islands Abstract While environmental migration is not a new phenomenon, the international community has been slow to react to a wildly increasing number of people displaced by climate-related factors. With the current scenario of sinking islands, rapid urbanization, and drought, the international community seems to be on the precipice of a massive humanitarian catastrophe. Even so, lawmakers appear hesi

Vol. 52 No. 2 – Table of Contents

May 24, 2019

Vol. 52 No. 2 – Table of Contents

VOLUME 52 MARCH 2019 Number 2 ARTICLES Reforming FIFA from the Inside Out Steven A. Bank…………………………………………………………………………………… 265 An Empirical Study of Dispute Resolution Clauses in International Supply Contracts John F. Coyle & Christopher R. Drahozal ………………………………………. 323 Challenging and Refining the “Unwilling or Unable” Doctrine Craig Martin……………………………………………………………………………………….. 387 Building Bridges: International Trade Law, Internet Governance, and the Regul

Reforming FIFA from the Inside Out

May 22, 2019

Reforming FIFA from the Inside Out

Author: Steven Bank PDF: Reforming FIFA from the Inside Out Abstract In response to an unprecedented crisis that has been called “the World Cup of Fraud,” the Fédération Internationale de Football Association, or FIFA, has undertaken a series of reform measures in the last several years. Most of these reforms have focused on attempting to break the cycle of corruption among football insiders by bringing in more outsiders, including independent chairs of both the Ethics Commit

An Empirical Study of Dispute Resolution Clauses in International Supply Contracts

May 20, 2019

An Empirical Study of Dispute Resolution Clauses in International Supply Contracts

Authors: John Coyle & Christopher Drahozal PDF: An Empirical Study of Dispute Resolution Clauses in International Supply Contracts Abstract International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation’s law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into

Challenging and Refining the “Unwilling or Unable” Doctrine

May 19, 2019

Challenging and Refining the “Unwilling or Unable” Doctrine

Author: Craig Martin PDF: Challenging and Refining the “Unwilling or Unable” Doctrine Abstract This Article challenges and proposes refinements to the “unwilling or unable” doctrine. Governments after 9/11 have invoked the doctrine to justify the use of force in self-defense against non-state actors (NSAs) operating within the territory of nonconsenting states. Responding to criticism that it lacked substance and a legal foundation, Daniel Bethlehem famously developed more de

Building Bridges: International Trade Law, Internet Governance, and the Regulation of Data Flows

May 18, 2019

Building Bridges: International Trade Law, Internet Governance, and the Regulation of Data Flows

Author: Neha Mishra PDF: Building Bridges: International Trade Law, Internet Governance, and the Regulation of Data Flows Abstract The regulation of internet data flows touches upon various distinct disciplines including internet governance and international trade law. In internet governance, three fundamental principles, namely, internet openness, internet security, and internet privacy apply to regulation of internet data flows. This Article argues that internet privacy and

Addressing the Value Gap in the Age of Digital Music Streaming

May 17, 2019

Addressing the Value Gap in the Age of Digital Music Streaming

Author: Daniel Lawrence PDF: Addressing the Value Gap in the Age of Digital Music Streaming Abstract This Note analyzes a global music industry problem known as the value gap. The value gap represents the disparity between the value that music-streaming platforms extract from musical content and the revenue generated by those who create and invest in the creation of such content. The international rise in digital music streaming has contributed greatly to the expansion of the

Vol. 52 No. 1 – Table of Contents

Mar 15, 2019

Vol. 52 No. 1 – Table of Contents

VOLUME 52 JANUARY 2019 NUMBER 1 ARTICLES Is Strict Reciprocity Required for Fair Trade? Daniel C.K. Chow and Ian Sheldon …………………………………..1 Trafficking Terror and Sexual Violence: Accountability for Human Trafficking and Sexual and Gender-Based Violence by Terrorist Groups under the Rome Statute Cóman Kenny and Nikita Malik ………………………………………. 43 International Multiple Derivative Actions King Fung Tsang ……………………………………………………………. 75 The Rights and Obligations of

Is Strict Reciprocity Required for Fair Trade?

Mar 14, 2019

Is Strict Reciprocity Required for Fair Trade?

Authors: Daniel C.K. Chow & Ian Sheldon PDF: Is Strict Reciprocity Required for Fair Trade? Abstract The administration of Donald J. Trump has repeatedly claimed that reciprocity is required for “fair” trade. While this concept is not new in US political discourse, the Trump administration’s insistence that strict or absolute reciprocity is required goes beyond any claims made by previous US administrations. By strict reciprocity, the United States means that all trade volume

Trafficking Terror and Sexual Violence: Accountability for Human Trafficking and Sexual and Gender-B

Mar 13, 2019

Trafficking Terror and Sexual Violence: Accountability for Human Trafficking and Sexual and Gender-B

Authors: Cóman Kenny and Nikita Malik PDF: Trafficking Terror and Sexual Violence: Accountability for Human Trafficking and Sexual and Gender-Based Violence By Terrorist Groups under the Rome Statute Abstract Terrorist groups are increasingly involved in human trafficking, specifically targeting women and girls of ideologically opposed groups or religions. Frequently, this phenomenon involves the perpetration of various forms of sexual violence against those trafficked. The c

International Multiple Derivative Actions

Mar 12, 2019

International Multiple Derivative Actions

Author: King Fung Tsang PDF: International Multiple Derivative Actions Abstract This Article explores two choice of law issues in international multiple derivative actions: (1) the choice of substantive law that should govern multiple derivative actions and (2) the characterization of different aspects of the multiple derivative actions between substantive and procedural laws. After a comparison of choice of law approaches among various common law jurisdictions, the author ad

The Rights and Obligations of States in Disputed Maritime Areas: What Lessons Can Be Learned from th

Mar 11, 2019

The Rights and Obligations of States in Disputed Maritime Areas: What Lessons Can Be Learned from th

Author: Dr. Youri van Logchem PDF: The Rights and Obligations of States in Disputed Maritime Areas: What Lessons Can Be Learned from the Maritime Boundary Dispute between Ghana and Côte d’Ivoire? Abstract Unilateral acts undertaken in disputed maritime areas, particularly in relation to mineral resources, frequently lead to conflict between states. Appraisals of the scope that remains for unilateralism in disputed maritime areas under international law exist in both case law

O Colapso do “Joga Bonito”: How FIFA’s Banishment of Third-Party Ownership Runs Counter to European

Mar 10, 2019

O Colapso do “Joga Bonito”: How FIFA’s Banishment of Third-Party Ownership Runs Counter to European

Author: Brendan A. Bailey PDF: O Colapso do “Joga Bonito”: How FIFA’s Banishment of Third-Party Ownership Runs Counter to European Union Law and Has Tarnished the Once Beautiful Game. Abstract FIFA banned the practice of third-party ownership, the division and sale of a portion of a football player’s economic rights to an outside investor, in 2015. The ban was nondiscriminatory, applying to all types of third-party ownership utilized throughout football. Since then, the pract

Financing Cr-ISIS: The Efficacy of Mutual Legal Assistance Treaties in the Context of Money Launderi

Mar 9, 2019

Financing Cr-ISIS: The Efficacy of Mutual Legal Assistance Treaties in the Context of Money Launderi

Author: Michaelene K Wright. PDF: Financing Cr-ISIS: The Efficacy of Mutual Legal Assistance Treaties in the Context of Money Laundering and Terror Finance0. Abstract Technological development throughout the past fifty years has created a world in which information can be communicated across the globe in no time at all. International law enforcement tools like mutual legal assistance (MLA), on the other hand, have not changed with nearly the same pace. Unfortunately, criminal