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Category: Forum Archive

Rainbow Families: Pioneering Ruling on Legal Recognition to Same-Sex Parentage Across all EU Member States

Kosha Doshi & Naga Sumalika Rangisetti

Introduction Europe has seen a remarkable surge in the prevalence of countries that provide legal recognition to informally cohabiting (same-sex) partners, as well as the number of countries that allow same-sex couples to marry or at least enter into a form of registered partnership. However, even in countries where same-sex marriage is accepted, same-sex parentage…

Jan 2023


When International Disasters Affect Technology Transfer: Where is International Law?, Vol. 55

Federica Cristani

Natural disasters may have devastating impacts on human life, the economy, and environment of the affected states.  This article focuses on the economic consequences of natural disasters for affected states, particularly regarding technology transfers. In addition, this article examines the relevant regulatory framework of reference at the international level, with a mapping of technology transfer…

May 2022

Human Mobility and Human Rights in the COVID-19 Pandemic: Revisiting the 14 Principles of Protection for Migrants, Refugees, and Other Displaced Persons, Vol. 54

T. Alexander Aleinikoff, Joanne Csete, Guy S. Goodwin-Gill, Ian M. Kysel, Petra Molnar, Kristin Bergtora Sandvik, Monette Zard

Building upon the 14 Principles – which set out how international law should protect migrants, refugees, and other displaced persons during the COVID-19 pandemic and have been endorsed by more than 1,000 scholars worldwide – a group of international law scholars have collaborated to create a series of short essays looking at a set of pressing legal…

Oct 2021

The Right to Health, Vol. 54

Joanne Csete

Among the “14 Principles” for protection of migrants, refugees and displaced persons in the COVID-19 pandemic is that all persons have a right to health, which, in essence, means an equal right to basic health services. In more than a year of COVID-19 challenges, it has become clear that migrants, refugees and displaced persons are…

Oct 2021

Implementing Principle 2: The Legal Framework vs. the Reality, Vol. 54

Iain Byrne

The international legal framework mandates that everybody, including all people on the move, should enjoy their right to health without discrimination. However, the reality for refugees, asylum seekers and other migrants during the last 12 months of the pandemic has been very different. This is explored below through discussion of the lived experience of millions…

Oct 2021

COVID-19, Surveillance, and the Border Industrial Complex, Vol. 54

Petra Molnar

Technological experimentation at the border is being given free rein, knit together into what amounts to a tapestry of an increasingly powerful global border industrial complex. This experimentation legitimizes techno-solutionism at the expense of human rights and dignity and has only been accelerated by the COVID-19 pandemic. Powerful actors—often in the private sector—increasingly dictate what…

Oct 2021

Cornell International Law Journal Online

Refugees and the Scope for Mandatory COVID-19 Vaccination, Vol. 54

Kristin Bergtora Sandvik

Vaccination programs are regularly celebrated as one of the most successful and cost-effective public health interventions ever developed. Yet, in a global context characterized by an acute lack of vaccines coupled with unfair distribution, COVID-19 vaccination schemes are controversial. Inaccurate and misleading stories about the vaccines risk becoming a “second pandemic.” However, long before COVID-19,…

Oct 2021

Concluding Comments: Revisiting the Principles of Protection for Migrants, Refugees and Other Displaced Persons, One Year On, Vol. 54

Guy S. Goodwin-Gill

Within the context of the 14 Principles and to conclude this symposium, I provide a few reflections below on the greatest human rights challenges faced by migrants, refugees, and the displaced in the last year.  As expected, things have gotten worse, and it will take time to re-establish—or even to establish for the first time—protection…

Oct 2021

Sovereign Immunity & Covid-19: China’s Immunity Under the Fsia from Federal Covid-19 Lawsuits, Vol. 53

Ishan Shivakumar

Many states have filed lawsuits against the People’s Republic of China in U.S. Federal Courts for allowing coronavirus to spread and for the ensuing consequences. At present, international law and the American SovereignImmunity statute bar such lawsuits against China. Only an amendment to the federal statute that creates an exception for recovery against China for…

Apr 2021

The Seesaw Exercise of Immunity Obligations Under International (Criminal) Law Outside the “Security Council Route”, Vol. 53

Vedantha Sai & Winy Daigavane

The International Criminal Court can exercise jurisdiction over Heads of States (“HoS”) that are not party to the Rome Statute provided the alleged offenses are committed in State party territory. However, the problem arises in the enforcement of such jurisdiction as it involves State-to-State interactions in the process of arrest and surrender of the HoS,…

Jan 2021