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

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Promise or Peril: Comparing P2P Lending Regulations in the United States and China
Promise or Peril: Comparing P2P Lending Regulations in the United States and China

Peer-to-peer (P2P) lending is seen as an instrument for financial inclusion by expanding credit access, particularly in developing nations. The industry gained prominence in the global economy in the aftermath of the 2008 financial crisis. However, as the industry matured, the inherent risks and regulatory challenges became increasingly apparent. A comparison between the regulatory approaches of China and those of the United States suggests a robust financial regulatory infrastructure is essential for industry stability.

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BlogFordham ILJYumi Qiu
China's Biotech Regulatory Transition: Responding to the CRISPR Backlash
China's Biotech Regulatory Transition: Responding to the CRISPR Backlash

Prior to the 2018 CRISPR controversy involving the genetically modified twins, China's biotech regulations lagged behind the swift progress in the sector. Faced with international criticism following the incident, China overhauled its strategy by incorporating genetic research protocols into the Civil Code, establishing the National Science and Technology Ethics Committee, and enhancing regulations on human gene and embryo experimentation. Volume XLVII staff editor Vivikth Vemula contends that while these changes align China more with Western perspectives on genome editing, their true efficacy is yet to be seen. This post explores the comprehensive overhaul and adjustments made to China's biotechnology regulatory regime, particularly focusing on human genome editing.

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BlogFordham ILJVivikth Vemula
Recouping the Price of Independence - Evaluating a Haitian Claim of Reparations From France
Recouping the Price of Independence - Evaluating a Haitian Claim of Reparations From France

In 1804, Haiti became the first colonial where slaves successfully revolted against their former enslavers. However, independence came at a steep price when the French government forced Haiti to indemnify French landowners for their lost property and former slaves. Over two hundred years later, Haiti remains one of the most impoverished nations in the world, partially due to the fact that it paid the majority of its national revenue to independence-related debts until 1948. Volume XLV staff editor Nell Fitzgerald argues that France owes Haiti reparations for forcing the young nation into an illegal contract. This post explores a potential Haitian claim of unjust enrichment against France.

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BlogFordham ILJNell Fitzgerald
America Second?: The Need for Global Collaboration in the Regulation of AI
America Second?: The Need for Global Collaboration in the Regulation of AI

After the passage of AI regulation in the European Union, there is pressure on Congress to pass legislation that will make the United States a leader in AI while simultaneously providing leeway for innovation. Steven McFarland argues that the EU has provided a significant framework for the United States to emulate and proposes a way that the United States could lead in regulating the use of AI for military purposes.

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BlogFordham ILJSteven McFarland
Trans Youth are Rights Bearers, Too—and The UK’s New Guidance on Their Education Flies in the Face of Medical and Social Science and International Human Rights Law
Trans Youth are Rights Bearers, Too—and The UK’s New Guidance on Their Education Flies in the Face of Medical and Social Science and International Human Rights Law

The United Kingdom’s Department of Education recently released new guidelines on the treatment of transgender students, essentially banning social transition in schools absent direct parental permission. This guidance forces transgender youth, especially those with unsupportive family members, to choose between their safety and their authenticity. Alarmingly, the guidance displays a flagrant disregard for medical and social science, relying heavily on ideas that have become popular among right-wing politicians in recent years but have no true basis in medical science, such as social contagion theory. In a legal sense, this new guidance violates the UK’s treaty obligations through the UDHR, ECHR, ICCPR, and ICESCR, namely: expression, self-determination, privacy, non-discrimination, health, and education. Volume XLVII staff member August Naston here focuses on the rights to expression, self-determination, and education in the ECHR and ICCPR, arguing that in issuing this guidance the U.K. has violated myriad treaty obligations under international human rights law.

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BlogFordham ILJAugust E. Naston
The Digital Personal Data Protection Act: India’s Shaky First Step in Writing the Right to Information and Data Privacy into Law
The Digital Personal Data Protection Act: India’s Shaky First Step in Writing the Right to Information and Data Privacy into Law

Following a landmark Supreme Court decision that affirmed a constitutional right to privacy, India's Parliament passed the Digital Personal Data Protection Act (DPDP Act) in August 2023. Although a commendable first step in establishing legislative authority on the use of personal data, the DPDP Act also grants the State undue discretionary power to use data as they see fit, and does not provide an effective enough mechanism to place checks on this power. Volume XLVII staff editor Sravya Rallapalli argues that in doing so, the DPDP Act undermines itself by opening the potential for privacy violations — the very opposite of what the Act is designed to do.

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BlogFordham ILJSravya Rallapalli
Anti-Semitism on the Rise: Comparing German and American Free Speech Law
Anti-Semitism on the Rise: Comparing German and American Free Speech Law

Following Hamas' horrific massacre on October 7, there has been a global surge in antisemitism. In the United States, there has been a significant increase in antisemitic incidents, notably on top college campuses. Volume XLV staff editor Benjamin Schwartz argues that American institutions should look outward to combat hate. This post explores how German law may provide insight into a possible solution.

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BlogFordham ILJBenjamin Schwartz
A Look at the Vienna Convention on Consular Relations and Its Local Implementation
A Look at the Vienna Convention on Consular Relations and Its Local Implementation

The Vienna Convention on Consular rights has been applied in various ways across the world to afford unequal application of the privileges in the treaty. In nations that follow the US method of procedural default, these rights to access and discuss with your consular official when arrested, are almost never given as they are defaulted at trial. While in other nations like Germany that follow the ICJ method in Avena generally make sure this right is offered even with procedural default. Therefore it is important to know how your nation operates and what foreign nationals could miss out on.

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BlogFordham ILJJoshua Hochstat
State Law and Preemption at the Mexico-U.S. Border
State Law and Preemption at the Mexico-U.S. Border

As of mid-November 2023, the Texas Legislature is in its fourth special session of the year, called by Governor Greg Abbott to enact severe border security legislation as part of his expansive "Operation Lone Star" plan. One bill, H.B. 4, would create a state crime for undocumented entry into Texas from Mexico and allow state law enforcement officers to arrest individuals or order them back across the border. Volume XLV staff editor Colleen Kemp examines H.B. 4 in light of Arizona v. United States, a 2012 US Supreme Court case concerning federal law preemption of state law in immigration matters, and the Mexican government's critical response to the proposed state actions.

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BlogFordham ILJColleen Kemp
Can International Law Protect the Women of Iran?
Can International Law Protect the Women of Iran?

The Iranian government, through the power of their morality police, have oppressed women and forced hijabs on women in public spaces. For decades now, the United States has outwardly condemned these actions and called for freedom for women in Iran. However, Volume XLV staff editor Maya Rodgers argues that only condemning Iran for its morality policing is not enough. This blog post urges the United States to take action as a United Nations member state.

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BlogFordham ILJMaya Rodgers
Afghan Veterans in the US Face Uncertain Future As Work Permit Expirations Loom
Afghan Veterans in the US Face Uncertain Future As Work Permit Expirations Loom

Afghan "Zero Unit" veterans currently in the United States are facing an uncertain future as the two-year work permits they received after the collapse of Afghanistan's government in 2021 near expiration. Many critics have argued that because the Zero Unit fighters had allegedly engaged in war crimes and other abuses of international law during the course of their service, they are hardly deserving of life in the U.S. Volume XLVI staff editor Danny Yoo argues that most of the accusations against Zero Unit fighters are dubious at best, and at worst overlook the fighters' unwavering service to the United States as they battled al-Qaeda and Taliban forces for the better part of the last twenty years.

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BlogFordham ILJDanny Yoo
The Israel-Palestine Conflict: How War and Genocide is an International Disability Justice Issue
The Israel-Palestine Conflict: How War and Genocide is an International Disability Justice Issue

The current escalation of the longstanding Israel-Palestine conflict in Gaza has shocked the conscience of the United Nations and the international community at large. Volume XLVII staff editor Jalyn Radziminski adds to the global conversation that war and genocide inherently intertwine with international disability rights conventions and that Israel is in violation of these conventions. Through a critical disability justice framework, this blog post illuminates that beyond the law, anti-war, anti-occupation, and pro-peace frameworks are the best path forward.

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BlogFordham ILJJalyn Radziminski
Fashion Forward: Emerging Sustainability Legislation Within the Fashion Industry
Fashion Forward: Emerging Sustainability Legislation Within the Fashion Industry

The Fashion Industry has remained notoriously under-regulated when it comes to its sustainability practices. With a new push for legislation that will require increased disclosure, the fashion industry is moving towards a more sustainable direction, however, Volume XLVI staff editor Camille Campbell contends that mere disclosure falls short of aligning with globally recognized climate objectives. Companies must make substantial efforts to curtail their emissions, and there is an imperative need for legislative action to expedite this vital transformation.

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BlogFordham ILJCamille Campbell
State Vulnerabilities as Guideposts for International Anti-Trafficking Legislation
State Vulnerabilities as Guideposts for International Anti-Trafficking Legislation

Human Trafficking is one of the most profitable illicit industries in the world. While more than 175 nations have ratified or acceded to the United Nations Trafficking in Persons Protocol adopted in 2000, efforts to comply have varied in format and success. Volume XLVI Staff Editor Lola Todman reviews the susceptibility of the populations of various nations to exploitation, ultimately arguing that effective anti-trafficking legislation must respond to the unique vulnerabilities of the country in which it is enacted.

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BlogFordham ILJLola Todman
Silent Injustice: A Legal Exploration of Abóbë Atrocities in Equatorial Guinea
Silent Injustice: A Legal Exploration of Abóbë Atrocities in Equatorial Guinea

Equatorial Guinea, an oil rich country in Central Africa, has consistently killed the Abóbë of Bioko Island in an attempt to silence and deprive them of their rights to life, self determination, and preservation of their ethnic cultural identity. Volume XLV staff editor Langston Ralls Ílaróte Morrison explores Equatorial Guinea's human rights violations under customary international law and its binding treaties. This post outlines the legal obligations its entitled to respect and uphold so as to remove barriers that limit the prospects of justice and equality for Abóbë in the country.

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BlogFordham ILJLangston Morrison
NATO Expansion, Conflict in Ukraine, and De-Dollarization
NATO Expansion, Conflict in Ukraine, and De-Dollarization

Decades of geopolitical tension and diplomatic futility between NATO and Russia have come to a head in the form of the war in Ukraine. Simultaneously, the rise of China as a global economic power and the expansion of non-dollar denominated currency networks has threatened to transition the global economic order from a unipolar model to a bipolar one. Volume XLVI staffer Peter Bonenfant argues the war and the resulting sanctions may pressure Russia and other non-NATO countries to accelerate development of these alternative currency and payment networks to facilitate trade and avoid sanctions with the ultimate effect of decreasing the influence of an already economically vulnerable United States. Thus, further expansion of NATO may be unwise and fear of non-Western countries growing in strength may prove to be a self-fulfilling prophecy.

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BlogFordham ILJPeter Bonenfant
The Windsor Framework and the Future of the Northern Irish Border
The Windsor Framework and the Future of the Northern Irish Border

The Northern Irish border has been one of the most difficult issues to resolve since Britain voted to leave the European Union in 2016. A new trade deal between the UK and EU has the potential to be a long-term solution, but it is still far from certain. Volume XLVI staffer Adam Cooper analyzes the Windsor Framework and discusses the complicated issues surrounding Northern Ireland.

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BlogFordham ILJAdam Cooper
How the Kafala System Ensures Abuse for Migrant Workers in the Gulf
How the Kafala System Ensures Abuse for Migrant Workers in the Gulf

The Kafala system gives tremendous power to employers of foreign labor in the Gulf that allows for rampant exploitation of migrant workers. Workers seek higher paying jobs to send money back to their families but have to face the reality of abuse and sometimes even death. While some changes are being made, Volume XLVI staffer Anil Bhandari argues that not enough is being done by Gulf countries and migrant worker's home countries. This post explores the realities that workers face due to this sponsorship system.

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BlogFordham ILJAnil Bhandari