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

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

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

Prajakta Pradhan
Guest Editor

The International Criminal Court (ICC) symbolizes hope around the world. The ICC, in its current form, was officially established in 1998 to prosecute individuals for only the worst international crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression.[1] It functions independently of the

Bodhisattwa Majumder & Ankit Malhotra
Guest Editors
There is a battle going on between the southern tip of India and the northernmost tip of Sri Lanka (‘Palk Bay’). It is not a battle for land or people but for fish, which are the lifeblood for the fishermen in these coastal villages of

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

Joseph Lordi
Vol. 41 Associate Editor
On January 24, 2020, in Davos, Switzerland, the European Union, and 16 other WTO Member States declared their intent to establish a multi-party interim appeal arrangement in wake of the current WTO Appellate Body paralysis.[1] This interim appeal arrangement will be based on Article 25 of

Derek Kang
Vol. 41 Associate Editor
Since July 1, 2019, Japan and South Korea have been locked in a bitter trade war, bringing relations to their lowest point in 41 years.[1] Arising out of historical and political tensions, this standoff between the world’s third and twelfth largest economies has destabilized an already

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

Evan Harary
Vol. 41 Associate Editor
Russian incursion into Ukrainian territory—in the form of the annexation of Crimea and the ongoing conflict between Ukraine and Russia-backed separatists in Donbass—has provided for fertile territory for human rights abuses. Monitors report an uptick in generalized violence against women, as well as instances of torture,

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

Laura Boniface
Vol. 41 Associate Editor
Sicily, an island in the Mediterranean off the southwestern coast of Italy, is one of the world’s regions most strongly associated with organized crime. As recently as July 2019, officials in the United States and Italy arrested nineteen mafia suspects in an operation called “New Connection.”[1]

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

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

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

Vijaya Singh
Guest Editor
Every technological innovation is accompanied by the good and the bad.

Henry Rollins

Introduction

Technology has revolutionised the way humans live by continually fulfilling their previously unmet needs. One example of this is the advent of Artificial Intelligence (“AI”), which is capable of performing human functions and even replacing them in

Axelle Vivien
Vol. 41 Associate Editor
For decades, the United States (“US”) was the main – and unique? – driving force behind the worldwide prosecution of corporations and individuals bribing foreign officials. While the American Foreign Corrupt Practices Act (“FCPA”) was originally enacted in an effort to restore confidence in the integrity