Enclave Projects: Negative Social Impacts and the Need for Law

Sam Han
Vol. 38 Associate Editor

Large international financial institutions (IFIs) have increasingly been experimenting with enclave projects over the past two decades in efforts to develop the territories and promote long-term growth of less developed countries. These IFIs, including major banks such as the World Bank, the International Monetary Fund (IMF), and the Inter-American Development Bank (IDB) aim to assist member countries to foster development of foreign trade and investment as a means of spurring economic growth.[1] One means of doing so has been through the implementation of an enclave project in a specific region of the less developed country. Continue reading

Bringing Back Torture Wouldn’t Just Be A Mistake—It Would Be Illegal

Rachel Barr
Vol. 38 Associate Editor

After just a few weeks in office Donald Trump has already threatened to violate international law. I’m not talking about his executive orders banning refugees from entering the United States,[1] or his re-implementation of the global gag rule;[2] I’m talking about his desire to of revive enhanced interrogation techniques, also known as torture. On January 25, it was reported that a draft executive order, entitled “Detention and Interrogation of Enemy Combatants,” if signed, would begin a review process that could eventually lead to the re-opening of C.I.A. black site prisons, and the reinstatement of torture.[3] The order would specifically have revoked the Obama-era order that closed the black site prisons and limited interrogation techniques to those in the Army Field Manual, which “prohibits waterboarding, prolonged sleep deprivation and other enhanced interrogation techniques.”[4] As of February 4, it appears as though the administration has walked back the terms of the order and, in the latest draft, no longer plans to revoke Obama’s executive order or pursue an evaluation of whether C.I.A. black site prisons and torture should be used.[5] Continue reading

Shifting Tides: The Future of Globalization in an Era of Rising Populism

Adam Church
Vol. 38 Associate Editor

Over the past year, there have been numerous events indicating that populism is on the rise in the Western world. Though the particular forms of these individual events may vary, a common thread linking them together is a desire to retreat from globalization to the perceived safety of protectionism. While a retreat from globalization would likely have steep consequences for a number of market sectors,[1] one sector that may prove to be especially vulnerable is the financial sector. Arguably still reeling from the lingering effects of the 2008 financial crisis,[2] the international financial sector is already under pressure from events that appear to indicate a retreat from globalization by the West, such as Brexit.[3] Furthermore, as Western nations have traditionally occupied significant leadership positions within the international financial system,[4] their shift towards more protectionist stances would likely create a substantial leadership vacuum within this system. Should Western nations continue to retreat from globalization, the question arises as to who will emerge as a leader and how they will shape the future of international finance and trade. Continue reading

A World in Flux: The Waning of International Cooperation and the Rise of Isolationism in the New Global Climate

Katrina Fetsch
Vol. 38 Associate Editor

In July 2016, the Permanent Court of Arbitration (PCA) in The Hague ruled against China over territorial claims in the South China Sea. China asserts sovereignty over a region containing the island of Taiwan, as well as areas claimed by China’s neighbors. China rejected the court’s ruling on the grounds that the PCA did not have authority to hear the case and maintains its claim on the territory.[1] This stance by China parallels actions taken by other world superpowers (and permanent members of the United Nations Security Council) such as the United States, Russia, and United Kingdom, in which they also seem to ignore rulings by international tribunals.[2] If the most powerful countries in the world feel free to disregard international law, there is a question of whether this is indeed a rising trend and what implications such a trend might have for the future of the international system. This inquiry is even more pertinent in light of shifting tides around the world and the new, outspokenly isolationist regime in the United States. Continue reading

NATO Responsiveness to the Russian Cyber-Mедведь

Richard Self
Vol. 38 Contributing Editor

In mid-January, the U.S. military deployed the 3rd Armored Brigade Combat Team, 4th Infantry Division to Poland.[1] The deployment is the largest United States military deployment since the end of the Cold War and is intended to deter Russian aggression in Eastern Europe.[2] Poland has been a signatory to the North Atlantic Treaty (establishing the North Atlantic Treaty Organization, or “NATO”) since 1999, when it joined the organization during NATO’s first major post-Cold War expansion.[3] The core provision of the North Atlantic Treaty states that if one party is subject to an armed attack, that attack shall be considered an attack against all parties.[4] This triggers the right to collective self-defense provided in Article 51 of the United Nations (UN) Charter,[5] which would allow all NATO parties to use armed force against the initial attacker “in order to restore and maintain the security of the North Atlantic area.”[6] Continue reading

When the Security Council Fails to Intervene in Mass Atrocities, Who Else Can Act?

Seema Kassab
Vol. 38 Associate Editor

There is no clearer example of the failure of the UN to halt mass atrocities and genocide than the current conflict in Syria. Nearly six years, hundreds of thousands of lives lost, and millions of refugees later, the UN has repeatedly failed to effectively take action in protecting Syrian civilians. In fact, the situation devolves year after year without a solution in sight. The dire need for humanitarian intervention in Syria is begging for a response from the international community and the invocation of Responsibility to Protect (R2P), an emerging norm in international law that places a responsibility on the international community to prevent and react to mass atrocities. R2P was intended to address genocide, war crimes, crimes against humanity and ethnic cleansing,[1] all crimes that the Assad regime has been committing in Syria for the past six years. The doctrine was adopted at the World Summit in 2005 in response to the failures of the international community to intervene in the humanitarian crises in Rwanda, Bosnia and Kosovo.[2] So why does R2P even exist if no one invokes it when it is most needed? Continue reading

“Asylum-Free Zones”: U.S. Violations of International Legal Obligations to Asylum-Seekers

Ava Morgenstern
Vol. 38 Associate Editor

 

Certain U.S. Immigration Court jurisdictions, by almost never granting asylum, arguably violate international law obligations on fair hearings for asylum-seekers.  The problem of highly restricted access to asylum will worsen under the Trump administration.  Despite possible small measures to alleviate the situation, not much will change unless and until the arrival of a future Presidential administration and Congress more concerned with international human rights obligations. Continue reading

Volume 37:4

Articles

Laurence R. Helfer and Ingrid B. Wuerth  
Customary International Law: An Instrument Choice Perspective // pdf // repository

Catherine Renshaw
Human Trafficking in Southeast Asia: Uncovering the Dynamics of State Commitment and Compliance // pdf // repository

Shana Tabak
Ambivalent Enforcement: International Humanitarian Law at Human Rights Tribunals // pdf // repository

Note

C. Elizabeth Bundy
Rescuing Policy and Terror Victims: A Concerted Approach to the Ransom Dilemma // pdf // repository

Volume 37:3

Articles

Tiyanjana Maluwa
Oil Under Troubled Waters?: Some Legal Aspects of the Boundary Dispute Between Malawi and Tanzania Over Lake Malawi // pdf // repository

Patrick J. Keenan
The Problem of Purpose in International Criminal Law // pdf // repository

Aravind Ganesh
The European Union’s Human Rights Obligations Towards Distant Strangers // pdf // repository

Note

Karima Tawfik
To Touch and Concern the United States with Sufficient Force: How American Due Process and Choice of Law Cases Inform the Reach of the Alien Tort Statute After Kiobel // pdf // repository

 

 

Defeating White Jurisprudence: Towards a New Era of International Law

Lakshmi Gopal
Vol. 38 Associate Editor

Can white extremists be challenged, without challenging the role of white ideology in international law?[1] As white nationalism achieves international visibility once more, this is a crucial question for all those interested in using international law to a craft a world that transcends, at the very least, race, gender, and class. In the past few weeks, white extremists across the world felicitated the results of the American presidential election as a sign of global resurgence of white nationalism.[2] While white supremacist ties to the American president-elect have sent shockwaves throughout the world,[3] the result and the widespread global presence of these forces should not come as a shock, but rather, must be properly understood as the product of the dominance of white supremacist jurisprudence in international law.[4] This discussion presents an overview of the origins and development of white jurisprudence, a description of its relationship to international law, an overview of the intellectual forces that resist it, as well as some thoughts on the role of international law in breaking cycles of supremacy. Continue reading