MJIL Blog

Established in 2015, the MJIL Blog presents writing from MJIL’s Associate Editors, who come to the journal with varied and diverse interests in and experience with International Law. The Blog provides students with a robust platform to express their views on relevant and contemporary topics, with each new associate publishing at least one piece of high-quality short-form scholarship per volume.

This blog contains opinion pieces by members of the Journal’s editorial staff, academics and practitioners on issues germane to the Journal’s area of focus. The views expressed in an individual post represent the views of the post’s author only.


 

Aug 2020

Francis Tom Temprosa & Darwin Simpelo
Articles Editor & Guest Editor
Introduction
This argues that the non-release of vulnerable prisoners in this time of a pandemic constitutes a cruel, inhuman or degrading treatment of punishment, a grave violation of the Torture Convention in international law. With the quick and far-reaching spread of the

Jul 2020

Amin R. Yacoub
Guest Editor
The due diligence standard of Full Protection and Security Obligation (“FPS”) of Bilateral Investment Treaties (“BITs”) remains vague until today. I have argued before - in a post on the Cambridge International Law Journal (CILJ) Blog - that the Ampal Tribunal had failed to define the parameters

Brooke Simone
Guest Editor
Many international law scholars purport that treaties are the most effective and binding source of international law.[1] However, the efficacy of multilateral treaties may be exaggerated, as demonstrated by minimal penalties for noncompliance, particularly for strong states, and the United States’ absence from and self-interested interpretation of various

Jun 2020

Raghav Pandey
Guest Editor
The UN High Commissioner for Human Rights Michelle Bachelet recently undertook the unprecedented decision to file an intervention application at the Supreme Court of India.[1] The court is hearing a series of petitions which challenge the constitutional validity of the Citizenship Amendment Act (CAA).

This instance raises very pertinent

Divyansh Sharma
Guest Editor
Today, internet censorship and social media blockages have become global concerns as states increasingly adopt these measures, purporting to protect public order by curbing hate speech and misinformation. Countries have repeatedly perceived that some degree of regulation of the internet is necessary. Consider the blockage of LinkedIn in

Mar 2020

Ed Cullen
Vol. 41 Associate Editor
A challenge facing developing countries in joining and participating in the global economy is the effect of cartel and monopoly behavior on economic development. The creation of self-sufficient institutions to address these competition issues in developing countries is of central importance to development. The inefficiencies created

Emma Xu
Vol. 41 Associate Editor
No one could have known that a niche international arbitral tribunal headquartered in Lausanne, Switzerland would break social media by deciding against South African athlete Caster Semenya for her naturally elevated testosterone.  The decision handed down by the Court of Arbitration for Sport (CAS) in the

Feb 2020

Reem El-Mehalawi
Vol. 41 Associate Editor
As the world becomes more globalized and connected, it is especially important to develop laws that will prevent global enterprises from being subject to double taxation. If every state were to tax a portion of a certain company’s profits, the sum of those portions might exceed

Cora Wright
Vol. 41 Associate Editor
On January 1st, 2020, South Africa significantly changed its refugee laws. However, these changes are inconsistent with international refugee law, specifically the 1951 Refugee Convention, to which South Africa is a party. These amendments to South African refugee law run contrary to the right of an

Dec 2019

Wooyoung Lee
Vol. 41 Associate Editor
It is a wave that may be turning. Provisions for the exchange of information are standard in tax treaties because one of the primary purposes of bilateral tax treaties is to facilitate the exchange of information.[1] Since the US is relatively unusual among countries because it

Nov 2019

Amanda Swenson
Vol. 41 Associate Editor
Investor state dispute settlement (ISDS) is an international legal proceeding whereby individuals and entities that invest in foreign countries can bring suit in international tribunals in order to protect their property interests associated with their foreign investments. The institution has been widely criticized among scholars, civil

Kay Li
Vol. 41 Associate Editor
This is the sixth month of the ongoing series of protests in Hong Kong, and with each passing day they get more and more violent, now involving baton beatings, water cannons, tear gas, petrol bomb attacks, and even gunfire (1)(2).

The protests started in June, when the

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