The 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.
Read MoreWith Live Nation Entertainment abusing their monopoly power over the live entertainment market, ILJ staff editor Alex Korcz suggests that the DOJ should focus on the impact of the company's activities on consumers, not just the marketplace.
Read MoreThe United States recently rejoined the UNESCO as a Member State in 2023, after the Trump Administration withdrew from the agency in 2017. Through an analysis of United States' relationships with other Member States, as well as its history of incomings and outgoings within the agency as a method of exacting influence in the international arena, Volume XLVIII staff editor Donyea James argues that the Trump Administration may consider another withdrawal from the agency as a familiar form of strategy.
Read MoreRecent U.S. policy changes, including the Space Act and the Artemis Accords, are reshaping the global approach to space resource rights, empowering private companies to mine and trade lunar resources. While NASA’s Artemis program spearheads these efforts with contracts for lunar mining, international competitors Russia and China are pushing back, challenging the U.S.-led legal framework. Volume XLVIII staff editor Samuel Grossman argues that as the race for lunar dominance accelerates, American unilateral leadership in space law - especially under the incoming Trump administration - will be key to securing strategic footholds and defining the parameters of a lunar economy.
Read MoreSociety’s growing reliance on digital interactions has made innovative digital identity management systems essential, especially as cybercrime incidents and associated costs rise dramatically. For both businesses and individuals, digital identities have become the gateway to vital services, including banking, healthcare, and government resources. In this post, Volume XLVIII staff editor Daniel Goldberg explores how blockchain technology, with its decentralized and secure structure, is emerging as a powerful solution for digital identity management. The piece delves into blockchain’s potential benefits and examines the regulatory challenges it faces, particularly under the European Union’s stringent GDPR standards.
Read MorePresident-elect Donald Trump declared that Robert F. Kennedy will have a substantial role in shaping America’s food policy during Trump’s second administration. Kennedy’s tentative plans to “make America healthy again” include reducing pesticide-intensive agriculture and banning certain food additives. He also signaled that, if given the authority, he would reform the Food and Drug Administration to ensure Americans’ access to safe and healthy food. Kennedy’s proposals have received significant backlash from public health officials and agricultural sector groups who claim that his policies “are not based on science” and could “upend the existing US food system.” Volume XLVIII staff editor Nickolas G. Erickson argues that Kennedy’s proposals closely resemble the EU’s consumer-first approach to food regulation. This post compares the EU’s and US’ regulatory states and explores the scientific backing of Kennedy’s and the EU’s food policies.
Read MoreCyber warfare has emerged as a wildly disruptive tactic and has not been dealt with comprehensively on the international stage. The United Nations is currently finalizing one of the first binding international treaties on the subject. However, the United States is faced with a serious dilemma in deciding whether to support the treaty.
Read MoreChina recently authorized its coast guard to seize foreign ships "that illegally enter China's territorial waters." The boundaries of such waters are unknown as China continues to assert claims over land features in the South China Sea and selectively interprets international law to align with its interests. This blog post analyzes how China's new law may affect the United States' lawful uses of the Sea. Given the growing tensions between the United States and China, the United States may consider entering into agreements with the coastal states of the South China Sea to combat increasing security threats.
Read MoreOnline sports betting's rise to prominence presents novel regulatory issues. The United Kingdom's Department for Culture, Media & Sport has proposed changes to regulation in order to curb modern problems. Volume XLVIII staff editor Jake Brown argues that the United States would equally benefit from those changes, but faces challenges in doing so becuase of state-level regulation. This post suggests that online betting should be regulated on the federal level in the United States so players and operators can benefit from sweeping regulations.
Read MoreBrexit presented unique complications for Northern Ireland, given its place in the United Kingdom and its open border with its EU-member neighbor, the Republic of Ireland. These complications led to the Northern Ireland Protocol which established a customs border in the Irish Sea between Northern Ireland and the rest of the UK, significantly hindering Northern Ireland’s trade routes. By the end of this year, Northern Ireland’s government is set to vote on acceptance of the Windsor Framework, a trade agreement which would replace the Northern Ireland Protocol and remove the intra-UK customs border. Volume XLVIII staff member Jack Flanagan analyzes how the Windsor Framework alleviates several of the Protocol’s biggest pitfalls – and why the upcoming vote fills a democratic deficit relating to Northern Ireland’s position in the UK.
Read MoreLaos, the most heavily bombed country per capita due to U.S. military actions during the Vietnam War, continues to grapple with the dangerous legacy of unexploded ordnance (UXO). Volume XLVIII staff editor Justin Ferrari argues that the current pace of providing financial aid for UXO clearance is insufficient; instead, the U.S. must adapt its successful domestic cleanup frameworks, like CERCLA and DERP, to address this humanitarian crisis effectively. This post examines how leveraging these legal and financial infrastructures could accelerate remediation efforts in Laos and set a global precedent for post-conflict recovery
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