Category: Recent News
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…
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…
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…
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…
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…
Dec 2023
Cornell International Law Journal Online
Moral Damages Due to Loss of Reputation in Investment Arbitration: A Search for A Common Standard, Vol. 56.2
Vibhu Pahuja
The concept of moral damages has been judicially observed in the field of international investment arbitration. Firstly introduced in the Lusitania Cases, moral damages can be referred to the form of damages to repair for an injury resulting out of a non-material harm, i.e., harm which is not pecuniary in nature. Moral Damages can be…
Dec 2023
Cornell International Law Journal Online
Navigating the Connection Between Migration Policies and International Trade: Insights from the Arab Region, Vol. 56.2
Radwa S. Elsaman
Introduction While widely explored, the link between international trade and migration remains debatable. Migration patterns often vary with political and economic environment. An argument could be made that trade policies are now being shaped in response to migration challenges. For instance, trade liberalization may decrease migration by opening developed countries’ markets to exports from developing…
Dec 2023
Cornell International Law Journal Online
Cyber-threats in the Mediterranean Region: The Challenges of Global Digitalization, Vol. 56.2
Federica Cristani
Introduction This article enquires whether international relations can be used as a conceptual framework to delineate international and European legal responses that can address the geo-political tensions that have been translated into cyber-threats in the Mediterranean region. It argues that international relations—and in particular the multi-stakeholder model—can offer the appropriate conceptual framework within which the…
Dec 2023
Cornell International Law Journal Online
Countering An Illegal Expropriation to the Sound of the Gavel: GM vs Venezuela?, Vol. 56.2
Danilo Ruggero Di Bella
This article illustrates how bilateral investment treaties (BITs) help foreign investors to protect their undertakings against expropriations by the host state. By taking a real life example, the article will briefly discuss the 2017 expropriation of General Motors’ assembly plant in Venezuela. Following that, it will show how GM may avail itself of international rights…
Dec 2023
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Mar 2022