Current Issues in the Scope of Tax Resident Status

Background There are more than 3,500 bilateral tax treaties which are meant to avoid the disruptive effects of double taxation on cross-border trade[1]. Most of these treaties use language largely in line with the OECD Model Tax Convention, with about 80% of the wording of the tax… Read More

Somaliland and the Need to Update International Law on Statehood Recognition

The Situation in Somaliland and the Purpose of this Blog Thirty years ago, in response to the deteriorating state Somalia found itself in after the fall of Said Barre’s military junta, the United Nations established United Nations Operation Somalia (UNOSCOM II).[1] At the time, events such as the… Read More

Kabab-Ji and Choice of Law in International Arbitration: Institutional Rules as a Path Toward a Harmonized Regime

The recent Kabab-Ji case has made only one thing unmistakably clear—international commercial arbitration has a choice-of-law problem. In the absence of an express agreement between the parties, some domestic courts hold that the law of the arbitral seat applies to the arbitration agreement,[1] while others hold that the… Read More

ISDS’s Effect on Impact Investing: A Barrier to a Burgeoning Industry?

Discussion on the drawbacks of the current Investor-State Dispute Settlement (ISDS) regime are prolific and well-documented.[1] There has been little scholarship thus far on the effects of ISDS on the impact investment industry. Yet, it would be reasonable to find that the ISDS shadow is holding some states… Read More

Celebrity Appearances and the Potential for Reputational Harm at the United Nations Security Council

After Russia invited Roger Waters, co-founder of the English rock band Pink Floyd, to address the United Nations Security Council (“UNSC”), an anonymous U.N. official remarked, “What next? Mr. Bean?”[1] This sentiment, as well as much of the discourse surrounding Waters’s speech, reflects an ongoing debate regarding celebrity… Read More

The SAAL of Stolen Antiquities: Standard Form Leases as a Solution for Looted Artifacts

In 2018, a report commissioned by French President Emmanuel Macron estimated that between 90% and 95% of Africa’s cultural heritage is held outside of Africa;[1] the extent to which African cultural treasures have been looted, stolen, and otherwise acquired and removed reaches far beyond high-profile examples such as… Read More

Self-Defense or Veiled Threat: A New Relationship between France and Mali

Françafrique, a simple term, often carries a lot of meaning. First used by President Félix Houphouët-Boigny of Côte d’Ivoire as France-Afrique to urge strong relations with France while seeking independence, the term has developed a pejorative connotation describing France’s sphere of influence amongst its former colonies, particularly its military interventions. Read More

Does International Law have an Effective Framework to Address the Looting of Cultural Property as Seen in Ukraine?

The Situation in Ukraine Russian forces systematically looted Ukrainian cultural objects from museums, churches, and archeological sites during the invasion of Kherson, Mariupol, Melitopol, and Kakhovsky.[1] Art experts suggest this may be the “single biggest collective art heist since the Nazis.”[2] Already, thousands of pieces… Read More

Dirty Play: Evaluating the Power of International Human Rights Law to Curb the Practice of Sportswashing

Sportswashing is the state-sponsored use of a sports league or team’s goodwill and fandom to cleanse the public image of a political regime or operation.[1] While international mega sporting events like the Olympics and the FIFA World Cup have often been used as political tools[2], the… Read More

Nuclear Nonproliferation and the Need for Amending the NPT to Validate Nuclear Safeguards as an Ongoing Commitment Under International Law

The current regime for the nonproliferation of nuclear weapons is faltering. With the high likelihood that the Democratic People’s Republic of Korea (“DPRK” or “North Korea”) will conduct a seventh nuclear weapons test at any moment,1Choe Sang-Hun, In a First, South… Read More