Article
A Proposed Interpretation of GATT Article XXI (b) (ii) in Light of its Implications for Export Control, Vol. 54
Kentaro Ikeda
GATT Article XXI(b)(ii) has received little scholarly attention, but increasing measures taken under the name of national security require heightened attention to it, especially with regard to export control measures. We need a detailed interpretation of the clause that can be used to distinguish measures permissible under the clause from impermissible ones.
6 Nov 2023
New Forum Article
Fu Kwong-or Ricky
Fake News in International Conflicts: A Humanitarian Crisis in the Post-Truth Era
3 Aug 2022
Cornell International Law Journal Online
New Forum Article
Federica Cristani
When International Disasters Affect Technology Transfer: Where is International Law?
23 Mar 2022
Article
Data Protection by Design? A Critique of Article 25 of the GDPR, Vol. 53
Ari Ezra Waldman
Europe’s General Data Protection Regulation (GDPR) took effect on May 25, 2018. Article 25, titled, “Data Protection by Design and by Default,” purports to incorporate the concept of “privacy by design” into European data protection law. This Article challenges that common presumption. Although privacy by design is not a new doctrine, having been the subject…
21 Apr 2021
Cornell International Law Journal Online
The Problems of Legitimacy of the South African Magistrate Court System as a Quasi-Judicial Entity: a Historical, Statutory, and Case-Based Analysis, Vol. 56.3
Zoé-Pascale de Saxe Roux and Claire Kamau
INTRODUCTION: This article aims to complete an in-depth analysis of an often-overlooked part of the South African judicial system, the Magistrate Court system. The article will highlight the historical evolution of the Magistrates’ Courts, and the negative public perception of the Magistrates’ Courts, especially worsened by the Magistrates’ Courts’ role in perpetuating the harms of…
1 Mar 2024
Article
The Bounds of Bond v. United States: International Treaties and Military Prosecution of Bacteriological Murder, Vol. 56.3
Josh A. Roth
Introduction Little has been written about congressional treaty power beyond the seminal cases Missouri v. Holland, Reid v. Covert, and of course, Bond v. United States. But even with such a limited pool of information, one rule is clear: congressional power to regulate interstate commerce does not permit prosecutions for domestic crimes under statutes implementing…
1 Mar 2024
Cornell International Law Journal Online
The Current Reality of Post-Arab Spring Constitutional Reforms in Morocco and Tunisia, Vol. 56.2
Olivia Rosenzweig
During the 2010-2011 political uprisings in countries across the Middle East and North Africa (“MENA”), dubbed the “Arab Spring,” protestors championed constitutional reforms as a way of transforming their autocratic regimes into more democratic systems. In reality, though, there was a large gulf between the aspirations of these reforms and what they were actually able…
29 Dec 2023
Cornell International Law Journal Online
Some Questions About Ukrainian “Way to NATO” Constitutionality: Some Legal Aspects Which May Become the Stumbling Blocks for Ukrainian Future NATO Membership, Vol. 56.2
Sergiy Panasyuk
Introduction Following the recent official survey, almost 90% of Ukrainians want Ukraine to become a North Atlantic Treaty Organization (“NATO”) member, which is logical given Russia’s full-scale invasion in 2022. The paradox, however, is that such a way is blocked primarily because of the Russian invasion. Putin reasoned that by invading, he could halt the…
29 Dec 2023
Cornell International Law Journal Online
Nuclear Proliferation Resistant Means: Analysing NPT, Vol. 56.2
Debalina Ghoshal
Nuclear proliferation is a serious global security threat as it results in states that otherwise would have no or little means of pursuing a nuclear program to pursue the same. Today, as nuclear weapons technologies and know-how are readily available from states across the globe, pursuing a nuclear program has become relatively easier. Legal mechanisms like…
29 Dec 2023