Category: Volume 53 Issue 4
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
Article
The Diversity of Womanhood and All of God’s Creatures: Addressing Challenges in the Protection of Women’s Religious Freedoms Using a Novel Classification, Vol. 53
Cochav Elkayam-Levy
The protection of women’s right to freedom of religion or belief presents many challenges to liberal states. Yet, this fundamental right of women has not been recognized as such in global treaties. Women’s entitlement to this right is a neglected matter in international law. When reference is made to the liberty to manifest religion, states…
Apr 2022
Article
Resolving the Paradigmatic Gap Between the Human Right to Water in a Transboundary Context, and the Transboundary Water Management Regime, Vol. 53
Mariana Simón Cartaya
A search in databases chronicling transboundary freshwater conflicts worldwide will lead to such results as “Assyrian king dries up enemy’s wells”; “Spain attempts to re-route Rhine River to harm Dutch”; “Ethiopia and Somali nomads fight for desert water “; and “[eleven] deaths attributed to ongoing conflict between herdsmen and farmers.” These results illustrate that just…
Apr 2022
Article
De-recognition of States: The Case of Kosovo, Vol. 53
Tatjana Papić
The literature on the recognition of states, a foundational topic of public international law, is truly vast. But the literature on de-recognition, the withdrawal of recognition once given, is measured, not in books, but in paragraphs. This is the first Article to systematically explore the question of de-recognition. It does so by examining a peculiar—indeed,…
Apr 2022
Article
Combating Censorship in China: Forcing China’s Hand Through the WTO and Collective Action, Vol. 53
Simon K. Zhen
The advent of the Internet was once seen as a democratizing force and a symbol of freedom. But today, it has not lived up to this promise in many authoritarian states, like China. The Chinese government has used the Internet to effectively maintain a status quo bias. Specifically, China’s sophisticated censorship infrastructure enables the government…
Apr 2022
Article
FCPA Jurisdiction Clauses in Defense Contracts and a Proposal for a State-to-State Approach Alternative, Vol. 53
Jaemin Lee & I.Y. Joseph Cho
Coping with corruption has emerged as a critical task of the global community. In this milieu, the Foreign Corrupt Practices Act (FCPA) is arguably an important contribution to the global fight against corruption. At the same time, however, robust application of the FCPA revealed various legal issues and problems.
Apr 2022
Note
The Broken Promise of “Never Again”: Myanmar’s Genocide Analyzed Under the U.N. Genocide Convention and the International Criminal Tribunal for Rwanda’s Interpretation of the Convention
Mahnoor Khan
This Note examines the current genocide occurring in Myanmar. It looks at Myanmar’s cruel and inhumane treatment of the Rohingya community—a Muslim minority group in Myanmar with an initial population of one million. This Note proposes that Myanmar’s treatment of the Rohingya classifies as a genocide under the Convention on the Prevention and Punishment of…
Nov 2021