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ILJ Online is the online component of Fordham International Law Journal.

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Nuclear Weapons Liability Under Tort Law
Nuclear Weapons Liability Under Tort Law

Nuclear warfare is one of the most unprecedented and unregulated areas of international law. Although existing international legal frameworks can be applied to the intentional detonation of nuclear weapons, Volume XLVI staffer Emma Hazeltine argues that the mere keeping of nuclear weapons by a State could constitute an “abnormally dangerous activity” under American tort law. This post explores the application of the abnormally dangerous activity doctrine to the keeping and inadvertent use of nuclear weapons.

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BlogFordham ILJEmma Hazeltine
Climate “Loss and Damage:” Who Should Pay in the Face of Disaster
Climate “Loss and Damage:” Who Should Pay in the Face of Disaster

The 27th United Nations climate summit established a "loss and damage" fund which would be paid for by developed countries in order to compensate developing countries affected by climate change. In response to the disagreement on the question of which countries are responsible for climate change and how much they should pay as a result, Volume XLVI staffer Lillian Wang argues that this allocation of responsibility by country is likely unproductive as it tends to lead to comparisons and blame-shifting. This post explores an alternative solution of a global carbon tax via international tax treaties.

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BlogFordham ILJLillian Wang
The Status of Indigenous Fishing Rights in Canada
The Status of Indigenous Fishing Rights in Canada

The status of indigenous fishing rights in Canada and the extent to which they should be regulated has been a contentious issue spanning centuries. With implications involving autonomy, sovereignty, rule of law, environmental conservation, and economic regulation of one of Canada’s most vital industries, it is perhaps unsurprising that commercial fishing remains a tense topic with contentious debate on all sides. Volume XLVI staffer Kristen Mitsinikos discusses the historical context of indigenous fishing rights in Canada while pointing out some of the flaws in the current approach and important considerations moving forward. 

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BlogFordham ILJKristen Mitsinikos
Reclaiming Music: An Exploration of Music Securitization
Reclaiming Music: An Exploration of Music Securitization

Artists are turning to securitization as a means to reclaim their music and gain financial independence from major labels. The process involves selling assets, such as music, to a third party in exchange for cash and bonds. This idea was first seen in the sale of "Bowie Bonds" in 1997 by David Bowie. Securitization has since spread globally with companies like "Royalty Exchange" and "Music Cow" dedicating their services to the market. While there are legal and business questions that arise from this new system, Volume XLVI staffer Joon-Sung Choe argues that this is a promising development in the music industry that allows artists to have more control over their work and earn royalties without major label constraints.

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BlogFordham ILJJoon-Sung Choe
The Brazilian Supreme Court Stands Ready to Pressure Social Media Giants. What Will the U.S. Supreme Court Do?
The Brazilian Supreme Court Stands Ready to Pressure Social Media Giants. What Will the U.S. Supreme Court Do?

Earlier this year, crowds in Brazil supporting former President Jair Bolsonaro stormed Brazil's government buildings in an attack eerily similar to those of January 6th in the U.S. The Brazilian Supreme Court responded with strict sanctions on social media giants, which they categorized as a catalyst for the attacks. Amid rising questions of the right to 'deplatform' in the U.S., Volume XLVI staffer Frano Katalinic explores the Brazilian and U.S. legal responses to the recent wave of right-wing insurrections.

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BlogFordham ILJFrano Katalinic
The Parthenon Marbles and the Future of Cultural Repatriation
The Parthenon Marbles and the Future of Cultural Repatriation

Recent talks have indicated that a deal may soon be reached regarding the controversial Parthenon Marbles currently held at the British Museum in London. Many have heralded these negotiations as a step in the right direction for other pieces of cultural heritage to eventually be returned to their country of origin, however, Volume XLVI staffer Niko Dimitrakopoulos advocates for further developments in international law in the area of cultural repatriation to even the negotiating power between parties in such scenarios. This post explores the history of cultural property in international law while looking at what the future might hold through the lens of the prospective deal between the British Museum and the Parthenon Museum.

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BlogFordham ILJNiko Dimitrakopoulos
Private Citizens Can Now Play A Role in Refugee Resettlement in the U.S.
Private Citizens Can Now Play A Role in Refugee Resettlement in the U.S.

The world is facing unprecedented levels of forced displacement caused, in part, by the war in Ukraine and economic and political instability in Venezuela and Afghanistan. Last month, the Biden Administration created a new program, "Welcome Corps," to allow private individuals and organizations to sponsor the resettlement of refugees into their communities. Volume XLVI staffer Martha O'Brien argues that while the program is beneficial, it falls short of the policy changes needed to make refugees truly welcome in the U.S.

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BlogFordham ILJMartha O'Brien
Is it time for a Global Labor Agreement for Professional Soccer Players?
Is it time for a Global Labor Agreement for Professional Soccer Players?

The flow of money into soccer’s largest leagues has increased the disparate bargaining power between players and leagues. Clubs are finding ways to tie players to them for longer and have overloaded their schedules. In this article, ILJ XLVI staffer, David Blomquist, argues that there is a need for a true global players union that can collectively bargain for the conditions of employment for soccer players worldwide.

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BlogFordham ILJDavid Blomquist
When and How Does U.S. Law Apply Extraterritorially?
When and How Does U.S. Law Apply Extraterritorially?

The presumption against extraterritoriality assumes that the United States avoids applying U.S. statutes to foreign countries. There are situations, however, that warrant such application. Volume XLVI staffer Talia Abed discusses the presumption against extraterritoriality and the upcoming Supreme Court case that will answer important questions regarding when and how U.S. law applies abroad.

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BlogFordham ILJTalia Abed
A New Look at International Law and Statehood: Pacific Island Countries Seek Legal Protections as Climate Change Threatens Statehood Status
A New Look at International Law and Statehood: Pacific Island Countries Seek Legal Protections as Climate Change Threatens Statehood Status

The effects of climate change can be seen all around the world, but many Pacific Island countries bear the brunt of these effects as the existence of their physical lands is threatened. With territory boundaries shifting and land disappearing as a result of rising sea levels, many have considered what these changes could mean for a nation's statehood status under international law. Volume XLVI staffer Madeline Barrett explores the issues these Pacific Island nations face in maintaining their legal statehood status and potential changes to be made under international law.

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BlogFordham ILJMadeline Barrett
Medical Assistance in Dying Cannot be Canada’s Alternative to Social Welfare
Medical Assistance in Dying Cannot be Canada’s Alternative to Social Welfare

Canada's medical assistance in dying law (MAiD) will soon expand eligibility to individuals whose sole medical condition is mental illness. Volume XLV staff member Darcy Diaz analyzes the intersection between social vulnerability and medical care. This post highlights the risk that Canadians may turn to MAiD due to insufficient support structures rather than as an act of self-determination.

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BlogFordham ILJDarcy Diaz
One Love, Many Laws: Reasons for Jamaica to Rethink Adopting the Caribbean Court of Justic
One Love, Many Laws: Reasons for Jamaica to Rethink Adopting the Caribbean Court of Justic

Jamaica, one of the islands of the Caribbean and member of the Caribbean Community (CARICOM), has decidedly little power over the cases that reach the highest level of appeal, thus raising concerns about its sovereignty. Although members of the Jamaican parliament advocated for implementing the Caribbean Court of Justice (CCJ) as the court of highest appeal, parliament has yet to ratify the CCJ to serve that function. Instead, the Judicial Committee of the Privy Council (JCPC) in the United Kingdom remains Jamaica's court of highest appeal. Although there have been renewed calls for Jamaica to ratify the CCJ, Volume XLVI staff member Tasha Brown argues that ratifying the CCJ may not be Jamaica's best option. This post explores an alternative route for Jamaica to exercise its sovereignty in judicial proceedings at the highest level of appeal.

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BlogFordham ILJTasha Brown
European Lessons for the United States on Sentence Review
European Lessons for the United States on Sentence Review

Unlike in the United States, non-reviewable sentences are extinct in all 46 member states of the Council of Europe. This is thanks to the European Court of Human Rights's decision in Vinter v. United Kingdom. Volume XLVI staff editor Sophia Lattanzio argues that the United States has much to learn from its European counterparts in terms of sentence review, as current sentence review schemes in the United States fall far short of European standards, fueling the United States's mass incarceration crisis.

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BlogFordham ILJSophia Lattanzio
Whose Artifact is it Anyway?
Whose Artifact is it Anyway?

Late last year, Germany handed over 20 Benin Bronzes from its museums to Nigeria. This act follows a trend of repatriating artifacts. With the law on the side of former colonial powers, public pressure has been relied on to return artifacts. However, Volume XLVI staff editor Margaret Myaskovskaya argues that relying on public pressure is a lengthy process that benefits former colonial powers. This post explores an alternative means of displaying artifacts that would allow everyone to appreciate the history and culture of the world.

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BlogFordham ILJMargaret Myaskovskaya
In Efforts to Promote Peace in Northern Ireland, the United Kingdom Risks Violating Vital Human Rights
In Efforts to Promote Peace in Northern Ireland, the United Kingdom Risks Violating Vital Human Rights

In its latest effort to promote peace in Northern Ireland, the United Kingdom's parliament is aiming to pass the Legacy and Reconciliation Bill. The proposed bill would severely limit the ability of Northern Ireland's police and judiciary to investigate and punish those responsible for decades of unsolved violence, paramilitary terrorism, and extrajudicial killings. Volume XLVI staff member Matthew Berkowitz argues that the proposed bill, as it stands, may violate several of the United Kingdom's positive obligations under the European Convention of Human Rights. This post explores the implications of the proposed bill, and whether it will actually help to undue decades of sectarian tension.

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BlogFordham ILJMatthew Berkowitz
Vetoing the Veto: The U.N. Security Council Needs Reform, but It Is Unlikely to Ever See It
Vetoing the Veto: The U.N. Security Council Needs Reform, but It Is Unlikely to Ever See It

The United Nations Security Council is responsible for the maintenance of international peace and security. But as Volume XLV Blake Elwood writes, the permanent member veto power is an obvious impediment to the purported purpose of the Security Council. Allowing states to put their interests ahead of the international community, the veto power is invaluable to those who wield it. Therefore, as this post discusses, the veto ensures its own perpetuance, given any proposed reforms are unlikely to survive a veto by permanent member states.

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BlogFordham ILJBlake Elwood