Category: Notes
Note
The Extra-Territorial Scope of Non-Refoulement, Vol. 55
Ned Hirst
The core principle at the heart of international law’s scheme for the protection of refugees is the principle of non-refoulement – that is, the obligation on the part of States not to return those with a well-founded fear of persecution to a territory where their life or freedom is threatened by reason of a protected…
Jan 2024
Note
Merger Reviews in Labor Markets: How Antitrust Merger Review Divides Labor, Vol. 55
Heonjun Park
Labor markets have historically been considered irrelevant with antitrust merger reviews. However, recent developments suggest that this may change. The complaint by the Department of Justice (the “DOJ”) against the merger between Penguin Random House and Simon & Schuster was the harbinger of such change.
Jan 2024
Note
Bollywood: The Unexpected Virtue of Copying Hollywood, Vol. 55
Samir Srivastava
The name itself suggests something treading the fine line between cinematic inspiration and a Frankensteinian creation gone wrong. Bollywood coined the name following Hollywood’s success, minting the goldmine of California’s neighborhood that had become synonymous with the domestic film industry.
Jan 2024
Note
He Who Shattered Our “Delicate Mosaic”: Why Insanity as an Affirmative Defense Does Not Belong in the International Criminal Court, Vol. 55
Lauren M. McBrearty
In response to the terrible international conflicts of the twentieth century, a group of States came together in 1998 to establish the International Criminal Court (ICC). In this Note, I argue that the ICC should change their current rule, which lists insanity as an affirmative defense.
Nov 2023
Note
Waivers of Complementarity in the ICC: Legality and Implications, Vol. 54
Michael S. Oaks
The Rome Statute, the International Criminal Court’s (ICC) constitution, treats states’ self-referrals of suspects before the ICC as a last resort for when states are unable to prosecute crimes domestically. Yet some states that are capable of prosecuting crimes domestically have controversially bypassed domestic prosecution in favor of prosecution by the ICC.
Nov 2023
Note
Prosecute or Protect? International Criminal Responsibility and the Recruitment of Isis Brides, Vol. 54
Nathalie M. Greenfield
In February 2018, seventeen-year-old Linda Wenzel narrowly escaped the death penalty in Iraq. Linda had travelled to Iraq in 2016 to join Islamic State (Isis).
Nov 2023
Note
Congress Needs to Pass an Afghan Adjustment Act Now, Vol. 55
Egan A. Hiatt
Videos of and reporting on the United States’ withdrawal from Afghanistan — the chaos, the desperation, the fear — has been to younger generations a fresh horror, and has left older generations seeing double: through one lens, the fall of Kabul; through the other, the fall of Saigon. The world has once again played witness…
Nov 2023
Note
Reconciling Extraterritorial Surveillance with International Privacy Rights: A Modest Framework, Vol. 54
Rahul Srivastava
Edward Snowden’s disclosures of the United States’ surveillance programs produced an international outcry from citizens, human rights groups, and foreign governments. Beyond creating embarrassing conversations for American diplomats around the world, the disclosures had real-world consequences.
Aug 2022
Note
Mapping a Green Recovery, Vol. 54
Elischke de Villiers
As leaders scramble to help their countries recover from the devastating social and economic impact of the COVID-19 pandemic, there is a risk that these leaders may lose sight of the countries’ need to become more sustainable under the U.N. Sustainable Development Goals (SDGs).
Aug 2022
Note
All but Quiet on the Northern Front: The Sector Principle as a Means of Resolving Arctic Territorial Disputes, Vol. 53
Joe D. Walsh
As climate change continues to melt the Arctic and pave the way for its commercial exploitation, several states have claimed part of what is currently international territory around the North Pole. Unfortunately, while all parties involved have already agreed not to create a new international legal regime to govern such claims, the existing legal regime,…
Apr 2022