ILJ Online is the online component of Fordham International Law Journal.
The international demand for clearer policies on crypto has gained support. Volume XLVII staff editor Mariah Patuel argues that a comprehensive, uniform legal foundation creating a clear regulatory framework offers the opportunity for effective and continued growth of the cryptocurrency market, protecting investors, global economies, and the industry itself.
Read MoreIn the late 1990’s and early 2000’s, both the U.S. and Portugal struggled with widespread opioid addiction. While the U.S. enacted harsh criminal sanctions for drug offenders, Portugal approached the problem through a public health lens and, in 2001, decriminalized the possession of most illicit drugs. Portugal also enacted laws that increased the amount and availability of treatment across the country. Portugal’s decriminalization laws drastically reduced the number of drug related deaths per year and is widely viewed as a success. Conversely, the number of drug related deaths and people incarcerated for drug related offenses have both risen in the U.S. Volume XLVII staff editor Tamar Leff argues that the U.S. should move towards Portugal’s model of decriminalization and approach the opiate crisis as a public health crisis instead of a criminal justice one.
Read MoreIn Peru, same-gender couples are still denied access to legal marriages and the property rights that come with forming such a union. This exclusion of formal legal benefits for certain community members results in economic friction for the country. Using Hernando de Soto's popular theory of economic development, Colbey Carpenter makes the case for marriage equality in Peru to avoid economic waste and allow for greater national investment.
Read MoreAs human dependence on technology continues to grow, so does the need for robust data privacy protections. Yet, America drastically lags behind in this area. Volume XLVII staff editor, Alexis Saulny, compares US data privacy law to the exemplary regulation in the area, the European Union's GDPR. Saulny argues that there has been a recent political nod to a need for federal data privacy protection, but nonetheless, Americans' data is far from safe and secure.
Read MoreBefore its 2022 invasion of Ukraine, Russia was the source of much of Europe's energy needs. Now, Europe is looking for new suppliers to fill the void. Norway and the United States have stepped up to provide large amounts of natural gas as Russia becomes an increasingly unreliable supply line. Volume XLVII staff editor William Brody explores the implications of the Russian energy void for a still gas-reliant Europe. This post discusses how the United States is grappling with this new opportunity and what it means for American energy policy.
Read MoreIn recent years, Sweden has experienced an alarming growth in violent crime. Long considered a bastion of liberal democracy, the Scandinavian country now faces increasing pressure to bring violent criminals to justice -- but there's just one catch: witnesses are too scared to testify against the perpetrators. In light of witness' fear of retribution, Sweden is now considering introducing the concept of "anonyma vittnen," or "anonymous witnesses," which would allow witnesses to testify anonymously against an accused. As the implementation date for "anonyma vittnen" approaches, Volume XLVII staffer Ceilidh Meagher argues that although well-meaning, the concept of anonymous witnesses neglects Swedish constitutional considerations inherent in a fair criminal procedural process. Whether the program is successful is yet to be seen, but the program is already stirring controversy in the Swedish legal community.
Read MoreOrganized crime has continued to pose complex legal challenges in both the United States and Italy. After the passage of landmark anti-Mafia legislation in both countries, prosecutors have tried to work through a novel set of tools to dismantle groups like the Mafia. However in spite of this, Italy still continues to struggle in its efforts to bring down these groups. Volume XLVII staff member Vincenzo Guido argues that Italy should look to the United States' RICO Act for a potential roadmap to bridging the gap in Italian organized crime law and explores how certain parts of existing statutes can better address the evolving nature of Mafia-type entities in Italy.
Read MoreThe legal name change process seems like a granular, local legal process, but Volume XLV staff editor Grey Berkowitz argues that a comparison of Ireland and New York's name change processes yields opportunities for global trans solidarity. This post examines legal name applicants' struggles with proof of identification requirements and the practice of signed affirmations.
Read MoreIn the lead-up to the 2024 Paris Olympic Games, the International Olympic Committee (IOC) made headlines with its decision to bar Russian athletes from competing under their national flag. Volume XLVII Staff Editor Brendan Murphy examines the decision and its delineation of the intricate interplay between international law, geopolitical conflict, and the world of sports. The post investigates the IOC's unique platform within the international community, questions the organization’s selective commitment to its own founding principle of political neutrality, and highlights the implications of an Olympic Movement where global politics and athletic competition intersect.
Read MorePeer-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.
Read MoreThe United States' purports to be a champion of health and safety. However, the US's post-Dobbs abortion landscape does not meet international abortion recommendations. This post explains international recommendations and explores how the post-Dobbs landscape fails to satisfy them.
Read MorePrior 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.
Read MoreIn 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.
Read MoreAfter 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.
Read MoreThe 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.
Read MoreCritics often suggest that international law and its mechanisms are ineffectual, but Volume XLVII staff editor Isabelle Laskero argues that the International Convention on the Elimination of All Forms of Racial Discrimination can produce valuable global scripts, international norms, that encourage domestic leaders to prompt change in their countries.
Read MoreFollowing 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.
Read MoreFollowing 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.
Read MoreThe 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.
Read MoreAs 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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