The U.S. has finally determined that the RSF is committing genocide in Sudan and imposed economic sanctions on its supporters. Many find that these actions have come far too late considering the humanitarian devastation caused by Sudan's civil war, and there is no peace on the horizon. With more international visibility to the crisis in Sudan, Volume XLVIII staff editor Emily Gwydir argues for a stronger international law regime of state responsibility in response to the large web of foreign states influence prolonging and funding the conflict. This post explores how a broader test for state attribution of internationally wrongful acts might be part of the strategy to help bring about an end to the conflict.
Read MoreThis divergence is further complicated by the rise of Environmental, Social, and Governance (ESG) standards. While the European Union has implemented stringent ESG reporting requirements under its Corporate Sustainability Reporting Directive (CSRD), the U.S. currently lacks a comprehensive federal framework regulating ESG, leaving companies to navigate a patchwork of state-level regulations. Volume XLVIII staff editor Shanaia Carvalho agrees that the absence of a cohesive federal or state ESG framework in the U.S. creates significant compliance challenges for corporations operating globally.
Read MoreSurrogacy laws worldwide reflect deep ethical and legal divides, with the U.S. standing out as one of the few countries permitting commercial surrogacy under state-specific rules. Volume XLVIII staff editor Monika Lucic explores the implications of this fragmented landscape and considers how the U.S., by leveraging its position, could inspire the development of global standards that ensure ethical and equitable surrogacy practices.
Read MoreThe United States recently passed an Act that will prevent Americans from downloading TikTok onto their devices. This move comes along growing national security concerns tied to the Chinese parent company ByteDance. The legislation is another significant step in the ongoing tech-war between the United States and China. TikTok quickly challenged the Act, arguing in front of the Supreme Court that it violates the First Amendment. While the Act undoubtably impacts speech, Volume XLVIII staff editor Sophie DeBiase-Harris explains that its language also raises another constitutional issue: whether the Act is a bill of attainder and therefore unconstitutional. Despite TikTok and ByteDance being singled-out and named explicitly in the Act, TikTok’s lawyers failed to meet the high legal standard required to win a bill of attainder claim.
Read MoreThe United States, despite its dominant presence in most global sports, struggles to match its international counterparts in soccer. This disparity stems in part from Major League Soccer's single-entity structure, which limits financial opportunities and player movement. Volume XLVIII staff editor Jonathan Green argues that the First Circuit should revisit its decision in Fraser v. MLS and restructure the league to follow European soccer's free market system. This post explores how shifting to a club-based model could attract more top global talents and expand soccer's presence within the United States.
Read MoreSection 232 of the Trade Expansion Act (1962) and Section 301 of the Trade Act (1974) provide the President with broad powers to impose tariffs and trade sanctions. Since 2018, tariffs have become a central tool in U.S. trade strategy, particularly in relation to China. Trump’s second presidency will likely see a continuation of his “America First” trade policy, with tariffs at the center of U.S. strategy.
Read MoreCopyright law plays a vital role in safeguarding intellectual property, ensuring that creators are rewarded for their work while fostering innovation and creativity. However, education, as a cornerstone of societal progress, often necessitates access to copyrighted materials. This is where educational exceptions come into play, striking a delicate balance between the rights of copyright holders and the public interest in promoting accessible education. Volume XLVIII staff editor Aekta Mouli compares how educational exceptions are applied in an interconnected world where digital learning and cross-border education are increasingly prevalent.
Read MoreChina's bankruptcy system faces significant challenges in serving as a tool for financial discipline. Despite reforms modeled after the U.S. Chapter 11 framework, societal priorities, state ownership, and judicial discretion often undermine its effectiveness. Volume XLVIII staff editor Xuyou Zhang examines how these factors impact corporate governance in China and explores potential reforms to strengthen bankruptcy’s role in promoting accountability and financial stability.
Read MoreArtificial intelligence regulation is a rapidly evolving global issue, with major powers taking vastly different approaches. Volume XLVIII staff editor Ariana Tagavi examines how the European Union’s AI Act sets a precedent for stringent, human-centered regulation, while the United States and China adopt contrasting strategies—one favoring innovation, the other state control. This post explores the fragmented legal landscape of AI governance and the pressing need for international cooperation.
Read MoreMassive protests have erupted in the country of Georgia following allegations of corruption and misconduct in the Georgian Dream party’s recent election victory. In this post, Fordham International Law Journal staff member Nata Mushkudiani explores the legal and international implications of the protests, the claims of election irregularities, and their impact on Georgia’s democratic trajectory and relations with the West.
Read MoreThe International Court of Justice (ICJ) serves as the primary judicial organ of the United Nations. While the court has become a critical tool for states seeking to hold others accountable for acts of genocide, its strict evidentiary standards have often hindered its ability to find states liable. In the ongoing case of The Gambia v. Myanmar, the court’s high threshold for proving specific "intent to destroy" raises concerns about whether justice will truly be served and the ICJ's potential to adequately uphold the Genocide Convention in future cases. Volume XLVIII staff editor Amanda Núñez examines how the ICJ’s current framework may be setting the bar too high and explores proposed reforms to the interpretation of the special intent standard that could enhance the court's ability to uphold the Genocide Convention.
Read MoreThe United States has long struggled with addressing the historical injustices committed against Native American tribes. While New Zealand has made significant strides in offering reparations to its Indigenous Māori tribes, including financial settlements and land returns, the U.S. has yet to adopt a comprehensive reparations program. Volume XLVIII staff editor Erin Duddy explores how the U.S. can learn from New Zealand's approach to reparations, exploring how the United States can make a more robust acknowledgment of past wrongs.
Read MoreCryptocurrency regulation varies globally, with some countries embracing it and others banning it. Tax systems also differ, complicating global enforcement. Staffer Matthew DegliObizzi argues that a unified international framework, similar to international tax and trade treaties, is needed to ensure consistent regulation and taxation across nations regarding digital currency.
Read MoreThe worsening effects of climate change are displacing millions of people each year. However, climate migrants are not considered refugees under the 1951 Convention and 1967 Protocol. This "legal void" leaves them unrecognized and unprotected. Volume XLVIII staff member Catherine Rayward discusses various approaches to address climate migration and argues that a new convention is warranted to address the issue. Fundamentally, the international community must reach a consensus to legally classify climate-displaced people.
Read MoreSince 1997, climate change has been a critical focus in international law, with treaties like the UNFCCC, UNCLOS, and the Paris Agreement aimed at mitigating global warming. Despite these efforts, climate change continues to escalate, severely impacting vulnerable nations such as Vanuatu. In early December 2024, historic hearings began at The Hague, where the International Court of Justice will determine States' legal obligations to address climate change. In this article, Volume XLVIII staffer Haley Mack discusses the key concerns of states and the significance of these hearings.
Read MoreWith the increasing prevalence of artificial intelligence, there is a growing need for comprehensive regulations. Despite attempts to regulate on a federal and state level, Volume XLVIII staff editor Juliette Donovan argues that the United States have yet to implement exhaustive regulations to meet this need. This post considers an international comparison of current AI regulations and emphasizes the shortcomings of current United States legislation.
Read MoreThe UN Guiding Principles on Business and Human Rights (“UNGPs”) were a major step towards overcoming human rights abuses committed in business operations. However, there is currently no mechanism to ensuring all governments around the world actually provide avenues for remedies for victims. Volume XLVIII staffer Patrick Windels argues that both national and international Courts should increase their usage and reference to the UNGPs in order to further integrate and legitimize the UNGPs into the global community bloodstream. This post explores the current inability of the UNGPs to ensure access to remedies for victims in all parts of the world, as well as a potential fix to this problem.
Read MoreAs nations within the Amazon rainforest basin grapple with the competing pressures of economic development and environmental preservation, the Amazon's existence is increasingly threatened by deforestation and degradation. Although countries such as Brazil have recently made strides in conservation under renewed leadership, others, like Bolivia, continue to struggle with escalating deforestation rates. This post explores a few complexities of fostering effective multilateral cooperation for rainforest conservation and the importance of financial tools in long-term preservation.
Read MoreThe current data privacy protection landscape in the US is quite a mess and has serious implications to both national and international US companies. A large part of the issue is the various different, and oftentimes conflicting, state policies and federal laws. Volume XLVIII staff editor Joseph Leventer argues that the US may be better off preempting the state and federal laws with a consistent federal scheme to promote cohesion. This post looks at the EU as a model for a consistent data privacy regime.
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