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.


 

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

Jamie Guanciale
Vol. 41 Associate Editor
It is widely known that the fall of the Soviet Union coincided with a wave of nationalist independence movements among former Autonomous Soviet Socialist Republics (“ASSRs”), creating the modern states of Armenia, Moldova, Estonia, Latvia, Lithuania, Georgia, Azerbaijan, Tajikistan, Kyrgyzstan, Belarus, Uzbekistan, Turkmenistan, Ukraine, Kazakhstan, and

Max LeValley
Vol. 41 Associate Editor
The People’s Republic of China is exploiting the ambiguity of its international agreements to violate its citizens’ human rights. China ratified the United Nations Convention Against Torture (“the Convention") on October 4, 1988 and is thus subject to its prohibitions.[1] Its official policies toward the Xinjiang

Chaila Fraundorfer
 Vol. 41 Associate Editor
The Committee on Foreign Investment in the United States (CFIUS) reviews corporate transactions involving foreign nationals to determine whether they pose a national security threat.[1] One area CFIUS focuses on protecting is critical technologies.[2] If a transaction is deemed dangerous, that is to share critical technologies

Shubhangi Agarwalla
Guest Editor, Legal Assistant to Prof. Dire Tladi at the UN International Law Commission
Traditionally, the UN Climate change regime has been premised on an intergovernmental negotiations paradigm where political actors play the dominant role in the development of norms. In this post, I argue for using international adjudication as

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