Ivan Levy Columbia Law School LL.M. Introduction In investment treaties, most favored nation (MFN) clauses commit contracting parties to treating each other’s investors no less favorably than investors of third states.[1] These clauses are directed at inappropriate distinctions between different foreign investors by the host state of the investment.[2] In investment arbitration practice, tribunals have almost unanimously accepted that investors could ‘borrow’ standards of treatment from investment treaties concluded by the host state with third
Daniel Liberman Vol. 42 Associate Editor The International Criminal Court (the “ICC” or the “Court”) was established by the Rome Statute of the International Criminal Court in 1998 as a court of last resort.[1] At the time of its inception, the Court was widely applauded as the beginning of an era where heinous crimes would no longer go unpunished. [2] Since, the Courthas been mired in accusations that it disproportionately targets African States and engages
Bridget Grier Vol. 42 Executive Editor Introduction International law, specifically the Code of Conduct for Law Enforcement Officials, prohibits discrimination by law enforcement officials and constrains their use of force.[1] Around the world, there are many examples of police brutality that violates the Code of Conduct; this post focuses on the widespread use of force by law enforcement officials throughout the United States, particularly against Black people, and use of force by the Special Anti-Robbery
Cira Danda Vol. 42 Associate Editor In 2016, Grigory Rodchenkov, the former head of Russia’s national anti-doping laboratory, exposed an extensive and systematic state-sponsored doping program.[1] The revelation and the uncovered extent of the conspiracy, fraud, and cover-up resulted in an international effort to sanction and penalize Russian athletics, spearheaded by the World Anti-Doping Agency (WADA). 4225
Daniel Toubman Vol. 42 Executive Editor I. Introduction and Background The American withdrawal from the Joint Comprehensive Plan of Action (JCPOA) in 2018 raised numerous questions of international law, and a potential reentry into the accord by the Biden administration will implicate various new international law obligations and responsibilities. Two of the most pertinent questions as to the current status of the JCPOA are whether the United States violated international law through its withdrawal from
Gregory Momjian Vol. 42 Associate Editor On November 9, 2020, Armenia and Azerbaijan signed a ceasefire agreement, brokered by Russia, ceasing all hostilities in the ethnic Armenian enclave of Nagorno-Karabakh.[1] The terms of the ceasefire ceded areas of Nagorno-Karabakh—controlled by Armenian forces since the mid-1990s—to Azerbaijan after a bloody, 44-day conflict.[2] The ceasefire agreement resulted in the deployment of nearly 2,000 Russian peacekeeping forces.[3] 4217
Michelle Mealer Vol. 42 Associate Editor Examples abound of US companies either directly or indirectly abetting human rights violations within their products’ supply chains.[1] Despite these violations, regulating multinational corporations and their supply chains is challenging to the international legal frameworkbecause international law is premised on states’ centrality. While international legal frameworks may have general goals and ideals, enforcement is usually placed primarily on the state. Since many developing countries are either unwilling or unable
Abby Rose Vol. 42 Associate Editor Sitting on top of the Acropolis, the highest point in Athens, the Parthenon is a fixture of the Athenian skyline. Yet this icon of Greek history is incomplete. One of its most significant parts, the Elgin marbles, sits in a museum in Britain. Removed by a British ambassador while Greece was under Ottoman rule, the marbles were removed and later purchased by the British Museum. Though at the time,
Camelia Metwally Vol. 42 Associate Editor As businesses around the world contribute to human rights abuses and the environmental degradation in countless communities, local community members have few options for redress. Because judicial remedies are rarely available to impacted groups, non-judicial grievance mechanisms (NJGMs) are often the channel through which those subject to business-related harm attempt to seek remedies. However, such mechanisms are also mired with procedural barriers to justice. This blog post outlines some
Nadia Jeiroudi Vol. 42 Associate Editor As the Covid-19 virus has made its presence known with over two million deaths worldwide[1]and the surfacing of multiple new variants,[2] it has become evident that the pandemic will continue to reign over society in the coming months. Accordingly, insular and haphazard action by states has only reaped further havoc and cultivated the potency of the virus. Just as the effects of environmental damage and military intervention have reverberated