Author: MJIL

Microsoft Wants a Digital Geneva Convention

Salam Sheikh-Khalil Vol. 39 Contributing Editor Microsoft just called for a monumental shift in international law—at a conference for coders and cryptographers. Brad Smith, Microsoft’s President and Chief Legal Officer, delivered the keynote address at February’s RSA Conference in San Francisco, urging governments to create a “Digital Geneva Convention”.[1]

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From Compulsion to Cooperation: The Importance of the Local in a Global World

Lakshmi Gopal Vol. 39 Managing Online Content Editor Trends in electoral politics in nations across the world have given political expression to a rhetoric of nationalism that presents itself as a “turn away” from international cooperation.[1] As the global community experiences the resurgence of nationalist and xenophobic rhetoric, public discourse on the future of international […]

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Trump’s Withdrawal from the Trans-Pacific Partnership: Domestic Boost or Disaster?

Jenny Elkin Vol.  38 Associate Editor Upon election to the highest office in the United States, President Donald Trump launched a spree of executive orders. One of these orders was the swift abandonment of the Trans-Pacific Partnership (TPP), a trade deal that his predecessor, Barack Obama, had worked for years to implement.[1] The TPP was […]

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Climate Change Refugees: Where to Look for Legal Protection

Rebecca Hughes Volume 38 Associate Editor The Arctic is having an unusually mild winter.  In February, the region experienced a period of unseasonably warm weather, with the temperature being twenty degrees warmer than the average.[1]  This is the third time this year that dramatically higher than average Arctic temperatures have been recorded. [2]  At the […]

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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 […]

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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 revive enhanced interrogation techniques, also […]

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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. […]

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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 […]

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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 […]

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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 […]

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“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 […]

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Volume 37:4

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. […]

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Volume 37:3

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 […]

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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, […]

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Death Tourism: How to Regulate This Thriving Industry?

Death Tourism: How to Regulate This Thriving Industry?

Jessica (Tae Yean) Kim Vol. 38 Associate Editor On June 17, 2016, the Senate of Canada passed Bill C-14, enacting a new federal law which legalized physician-assisted suicide (PSA) in Canada.[1] This new legislation makes Canada one of the few nations where doctors are lawfully permitted to help terminally ill people die.[2] An interesting aspect […]

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Does the Dakota Access Pipeline Violate Treaty Law?

Does the Dakota Access Pipeline Violate Treaty Law?

Lauren Kimmel Vol. 38 Associate Editor It’s hard to miss recent headlines about the Dakota Access Pipeline (DAPL), which has stirred fresh controversy in a wide array of political, environmental and ethical circles. At the head of the opposition are a number of prominent Native American tribes in Iowa and the Dakotas – most notably, […]

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What Lies Ahead: Global Financial Services in a Post-Brexit Market

What Lies Ahead: Global Financial Services in a Post-Brexit Market

Adam Church Vol. 38 Associate Editor As financial service firms consider what kind of future may lie ahead in a post-Brexit market, one word has taken on a prominent role in the ongoing discussion: passporting.[1] Under passporting, financial services firms authorized in one E.U. member state can offer cross-border services and open branches across other […]

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Legal Incubation: Establishing the Rule of Law in Rebel-Held Syria

Legal Incubation: Establishing the Rule of Law in Rebel-Held Syria

Nessma Bashi Vol. 38 Associate Editor As calls for democracy-building, freedom of expression, and the right to individual sovereignty were chanted by protesters throughout the Arab World in March of 2011, many Syrians were encouraged by the promise of popular power and headed to the streets to make their voices heard. What started as peaceful […]

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Kenya to Close Dadaab Refugee Camp in Violation of International Law

Kenya to Close Dadaab Refugee Camp in Violation of International Law

Xun Yuan Vol. 38 Associate Editor In May 2016, the Kenyan government announced that it would start closing the world’s largest refugee camp – Dadaab camp. At the same time, the government determined, with the assistance of UNHCR, to speed up the expatriation process for Somali refugees who currently reside in the camp.[1]This puts Kenyan […]

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Refugee Status as an Alternative for Stateless Adoptees

Refugee Status as an Alternative for Stateless Adoptees

Sam Han Vol. 38 Associate Editor Under international law, “statelessness” is the status given to an individual without citizenship under the operation of any country’s laws.[1] In the United States, an estimated 35,000 intercountry adoptees currently do not possess U.S. citizenship,[2] and by definition, are considered stateless persons. By no fault of their own, many […]

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