The Forum

Human Trafficking: Diplomatic Immunity or Impunity?

Human Trafficking: Diplomatic Immunity or Impunity?

Maya Jacob & Hunter Davis Vol. 39 Associate Editors In June 2017, Bangladesh’s Deputy Consul General in New York, Mohammed Shaheldul Islam, was charged in a 33–count indictment for crimes related to labor trafficking and assault.[1] Islam brought another Bangladeshi man, Mohammed Amin, to the United States in 2012 or 2013 to serve as a domestic […]

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The State of Paris: How the Climate Agreement is Faring After U.S. Withdrawal

The State of Paris: How the Climate Agreement is Faring After U.S. Withdrawal

Lucas Minich Vol. 39 Associate Editor On June 1, 2017, President Trump announced with great fanfare that he would unilaterally, as is arguably his right, withdraw the United States from the Paris Climate Agreement.[1] This landmark agreement calls upon its signatory nations to aggressively strive to fight climate change through cooperative efforts. More specifically, it […]

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The Paris Agreement: Industrialized Powers’ Responsibility to Island Nations

The Paris Agreement: Industrialized Powers’ Responsibility to Island Nations

Hyun Lee Vol. 39 Associate Editor A few months after U.S. President Donald Trump announced the United States’ future withdrawal from the Paris Agreement,[1] small Pacific island nations called for the implementation of the Paris Agreement in the United Nations General Assembly that took place on September 23, 2017.[2]

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The Catalan Case for Cutting ties with Castilla: Convincing or Quixotic?

Jack Heise Vol. 39 Associate Editor If Carles Puigdemont, President of the Generalitat de Catalunya, gets his way, Barcelona will no longer be part of Spain.[1] While the kingdom created by the union of King Ferdinand and Queen Isabella in the 15th century included Catalunya,[2] there has existed a lingering sense of separateness, visible both […]

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It’s (not just) the Economy, Stupid: Gender Equality in the European Union

It’s (not just) the Economy, Stupid: Gender Equality in the European Union

Elizabeth Heise Vol. 39 Associate Editor Gender equality is not only a general goal of the EU, but is explicitly written into the founding treaty, which requires member states to promote equality between women and men.[1] Not only does this mandate apply to current member states, but it is also a requirement for potential member […]

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The Iran Nuclear Deal’s Current State and the Possibility of a Hasty U.S. Withdrawal

The Iran Nuclear Deal’s Current State and the Possibility of a Hasty U.S. Withdrawal

Ali Bazzi Vol. 39, Associate Editor The Joint Comprehensive Plan of Action (“JCPOA”) is an agreement between China, France, Germany, Russia, the United Kingdom, the United States, the European Union, and Iran. The agreement cuts off all of Iran’s pathways to developing a nuclear weapon. Under the JCPOA, Iran has dramatically rolled back its nuclear […]

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Volume 38:1

Articles Damjan Kukovec Economic Law, Inequality, and Hidden Hierarchies on the EU Internal Market // pdf // repository Lan Cao Currency Wars and the Erosion of Dollar Hegemony // pdf // repository Ryan Scoville and Milan Markovic How Cosmopolitan are International Law Professors? // pdf // repository Note Bridget Carr Refugees Without Borders: Legal Implications of […]

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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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