December 22, 2022
Are countries permitted to regulate corporate human rights violations abroad? (Book Preview)
Dr. Aleydis Nissen, Senior Researcher, Leiden University and Free Universities of Brussels My book ‘The European Union, Emerging Global Business and Human Rights’ has just been published by Cambridge University Press.[1] In the first part of this book. I answer the question of whether extraterritorial countries are permitted to regulate abuse by corporations beyond their territorial borders under international law. This question is not often posed, as most of the literature on ‘business and human
November 25, 2022
The Confusing World of International Data Privacy Law: An Argument for Comprehensive Regulation
Jennifer Peterson-Sharma Vol. 44 Associate Editor The need for international regulations on data privacy has never been greater. Data privacy is among the few and relatively new fields of law that were developed across national borders.[1] Without a global regulator, however, states are applying their own laws to this issue that clearly affects transborder activities,[2] complicating the ability of multi-jurisdictional companies to comply with potentially conflicting rules.[3] The practicalities of adhering to the plethora of
November 25, 2022
Applying the Lessons of The Gulf War Economic Sanctions to the Russian Invasion of Ukraine
Louis Steinkuehler Vol. 44 Associate Editor Russia’s unprovoked invasion of Ukraine has highlighted the tenuous nature of the United Nations’ ability to respond to crises.[1] However, the international community’s response to such acts of aggression within the international legal framework has not always been so impeded. The international response to the Iraqi invasion of Kuwait in 1991, while not lacking in controversy, was a unique opportunity seized by the international community to show its ability
November 25, 2022
Smoke and Mirrors: An Opportunity for Russian State Responsibility Under the International Convention for the Suppression of the Financing of Terrorism
Grace Bruce Vol. 44 Associate Editor Vladimir Putin’s close connection to billionaire Yevgeny Prigozhin and the Wagner Group is one of many factors chipping away at the illusion of Russian compliance with basic principles of international law.[1] The Wagner Group is a private military company that has been accused of committing war crimes in Ukraine.[2] Historically, the Russian government has employed proxy groups in international conflicts to distance themselves from any responsibility for violations of
November 25, 2022
Russia’s Sham Referendums in Ukraine: A Turning Point in the Move Towards an International Right to Substantive Democracy?
Martin Greene Vol. 44 Associate Editor Since the end of the Cold War, authoritarian governments have used international organizations in a novel way. Where once governments would resist the influence of international organizations, they now seek to use them to advance their own political goals.[1] One illustrative example of this is the use of democratic processes and facially democratic institutions to comply with the procedural right to democracy required by several treaties.[2] For example, following
October 28, 2022
Recognizing Climate Change as a Threat: The UN Human Rights Committee Can Extend Refugee Protections to Climate Migrants
Javier Piñeiro Vol. 44 Associate Editor In the upcoming years, climate change will become a significant driver of migration, as entire countries face climate-induced land disappearance.[1] Due to climate change, sudden disasters are stronger and more frequent, causing floods and landslides that wipe out ecosystems.[2] Simultaneously, slower degradation processes, such as sea-level rise and droughts, threaten communities across the globe.[3] Just as climate effects are not isolated to one region of the planet, land disappearance
October 28, 2022
Unclean Hands: Responding to ‘Spoils Don’t go to the Aggressor’
Alexander Nye Vol. 44 Associate Editor On February 24, 2022, Russia announced a “special military operation” to “demilitarize” Ukraine.[1] Russia initially planned to capture Kyiv immediately and gain control over the country.[2] However, after this strategy failed, Moscow switched focus to annexing portions of Ukraine.[3] If Russia had succeeded in controlling the entire country, what would have happened to the significant debts Ukraine incurred to fund its defense against Russian encroachment? An application of the
October 28, 2022
China’s Answer to the U.N. Report on Xinjiang: Taking It Seriously, But Not on the Merits
Kelly Grugan Vol. 44 Associate Editor On August 31, 2022, the Office of the United Nations High Commissioner for Human Rights (“OHCHR”) released an assessment (the “Assessment”) detailing the Chinese government’s treatment of Uyghurs in China’s Xinjiang region.[1] It reports that Uyghurs were forcibly detained in camps where they were allegedly subject to torture, sexual violence, and denied the right to practice their religion or speak their native language.[2] The OHCHR concluded that the “arbitrary
October 28, 2022
Curing the Symptom While Ignoring the Cause – Will the Trans-Atlantic Data Privacy Framework Work the Third Time?
Muhui Shi Vol. 44 Associate Editor Despite two years of transatlantic data privacy vacuums, a new hope seems to have materialized after the White House announced its latest collaboration with the European Commission.[1] However, after both previous attempts at building a transatlantic privacy framework–the Privacy Shield and the International Safe Harbor Privacy Principles—were struck down consecutively by the Court of Justice of the European Union (CJEU), whether the United States can assemble a new and
Andrea Lofquist Vol. 44 Associate Editor Environmental, social, and governance (ESG) metrics benefit shareholders in the long-term through value-creation,[1] but ESG reporting has been likened to the Wild West and concern over the non-binding nature of sustainability reporting standards abounds.[2] Since its introduction at the UN Climate Change Conference in 2021, the International Sustainability Standards Board (ISSB) has made waves in the ESG realm, and its ripple effects will be felt by businesses, investors, and