The Forum

Reports on the Syrian Arab Republic

Katrin Cassidy-Ginsberg Vol. 39 Contributing Editor On March 1, 2017, the Independent International Commission of Inquiry on the Syrian Arab Republic released its report on the events in Aleppo and the “alleged violations and abuses of international human rights law.”[1] Based on extensive evidence gathered through interviews and reviewing data that included satellite imagery, photographs, […]

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A Snapshot of the Status of the UK’s Bilateral Investment Treaties and Related International Arbitration After Brexit

Jose-Ignacio Saldana Vol. 39 Notes Editor The exit of the UK from the EU has raised concerns amongst foreign investors amid the uncertainty of the future of the UK’s investment relationships. The UK maintains one of the largest bilateral investment treaty (BIT) networks in the world[1]—the international community is interested in the UK’s position on […]

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Withdrawals from the Rome Statute: Continuing the saga of institutional (il)legitimacy

Francis Tom Temprosa LLM Candidate & Clyde Alton DeWitt Fellow The recent series of expressions to withdraw from the Rome Statute, including Burundi’s successful withdrawal,[i] is not surprising to legal scholars who have closely watched events unfolding before the International Criminal Court (ICC). Prosecutions at the ICC have raised deeper questions about complementarity, and whether […]

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Aggression, from Cyber-Attacks to ISIS: Why International Law Struggles to Adapt

Albi Kocibelli Vol. 39 Editor In Chief Ius ad bellum and the notion of aggression have been a ‘yin yang’ for centuries.[1] Nevertheless, international law did not prohibit states from engaging in aggression until the conclusion of the Kellogg-Briand Pact.[2] Even then, the term was not defined.  In the aftermath of World War II, the […]

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South Korean and Japanese Diplomatic Crisis over Comfort Women Statue

Andrew Fletcher Vol. 39 Production Editor In January 2017, Japan recalled its ambassador to South Korea. This latest setback in the tense relationship between Japan and South Korea centers on a dispute over a statue located in front of the Japanese consulate in Busan. The statue depicts a ‘comfort woman,’ a reference to the thousands […]

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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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Water, Water, Everywhere, and Not a Drop to Drink: Transboundary Freshwater Management and Climate Change

Stephanie Zable Vol. 39 Articles Editor Mexico City is sinking.[1] So concludes a New York Times article detailing the implications of climate change for Mexico City. But the article also notes the most severe and immediate consequence of climate change for cities all over the world: the effect on fresh water resources. In many places, […]

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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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Seeking Reform of the Hague Convention on the Civil Aspects of International Child Abduction

Alejandra Salmeron Vol. 39 Managing Editor Family law permeates many major contemporary international issues, yet it is rarely discussed alongside international law. Issues at this cross-section are full of complexities and curious combinations of international law and domestic custody law.[1] Custody disputes under The Hague Convention on the Civil Aspects of International Child Abduction (“Convention”) […]

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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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