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Jason Raymond Vol. 40 Associate Editor A few months ago, in Jesner v. Arab Bank, the United States Supreme Court categorically foreclosed foreign corporate liability under the Alien Tort Statute (ATS). Absent further action from Congress, the Court said, foreign corporations may not be defendants in suits brought under the law.[1] In past decades, foreign plaintiffs had relied on the ATS to sue foreign corporations or the foreign subsidiaries of U.S.-based corporations for violations of
Annemarie Smith-Morris Vol. 40 Associate Editor In the mid-twentieth century, the United States conducted sixty-seven nuclear tests in the Republic of the Marshall Islands.[1] The tests had an immense and lasting impact on the environmental health of the country and the physical health of its people.[2] In 2014, the Marshall Islands sued nine world powers—China, North Korea, France, India, Israel, Pakistan, Russia, the United Kingdom, and the United States—over their failures to comply with the
Mostafa Al Khonaizi Vol. 40 Executive Editor It has been five months since the execution of the European Union’s General Data Protection Regulation (“GDPR) in May, 2018.[1] It is the most recent technology law regulation worldwide, and it pushes its predecessor aside, EU Data Protection Directive (“DPR”) enacted in 1995 before the contemporary proliferation of social media and data transfers.[2] DPR was a directive, where EU member states had wide discretion in policy making strategies
Madison Kavanaugh Vol. 40 Associate Editor The United States and Canada endorsed the United Nations Declaration for Rights of Indigenous Peoples (“UNDRIP”) in 2010. Yet, by allowing Enbridge to replace the Line 5 tunnel in the Straits of Mackinac, both states seem to be violating their UNDRIP obligations with regard to tribal self-determination and free, prior and informed consent. The replacement of the pipeline poses severe threats to the tribal nations in Northern Michigan and
Troy Epstein Vol. 40 Associate Editor For decades, the people of Iraq existed under the thumb, gaze, and sword of Saddam Hussein. By the time of his toppling by U.S. forces in 2003, he had amassed a record that included genocide, chemical weapons use, torture, and the assassination of dissidents.[1] (Including, in one of his first acts as leader, a 1979 deadly purge of top members of his own party.)[2] Iraqis were denied their fundamental
Michael Goodyear Vol. 40 Executive Editor On August 20, 2018, Greece emerged from its third bailout.[1] The Greek debt crisis created over a decade of austerity measures in Greece and shook the European Union to its core.[2] However, despite having survived the third bailout package without needing a fourth, Greece still owes over 250 billion Euros to its creditors and is not scheduled to have paid this king’s ransom off until 2059.[3] While many of
Colleen Devine Vol. 40 Associate Editor The concept of the crime of genocide was developed following World War II by law professor Raphael Lemkin, a Polish Jew who had fled to the United States during the Holocaust.[1] Following World War II and the atrocities of the Holocaust, the German government has paid out more than $50 billion in the form of reparations to the State of Israel and indemnification to Holocaust survivors.[2] The German Finance
Alex Theuer  Vol. 40 Associate Editor Environmental considerations have become an increasingly important part of international project finance in recent years. Project finance generally involves the financing of long-term infrastructure and industrial projects around the world, which comes with unique environmental challenges that are often entwined with international environmental agreements.[1] However, due to the structure of project financing, the responsibility of managing environmental risks has fallen to financial institutions. This post will discuss the environmental
Joshua Raftis Vol. 40 Associate Editor On July 31st, South African President Cyril Ramaphosa announced that he would support amending the South African Constitution to allow for the expropriation of land without compensation. [1] An important question that this announcement raises is whether South Africa’s international obligations require the country to provide compensation for the private property that it seizes, and if so, to whom? 3597
Mine Orer Vol. 40 Guest Editor For weeks now, the world media has been shaken by the news of the murder of Saudi journalist, Jamal Khashoggi. It has been reported that on October 2, 2018, he was murdered after entering the Saudi consulate in Istanbul, Turkey.[1] 3593