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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.

BlogFordham ILJFebruary 28, 2024August E. Naston

The Role of the United Nations in Dismantling Racism

The Role of the United Nations in Dismantling Racism

Critics 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.

BlogFordham ILJFebruary 28, 2024Isabelle Laskero

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.

BlogFordham ILJFebruary 18, 2024Sravya 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.

BlogFordham ILJFebruary 13, 2024Benjamin 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.

BlogFordham ILJFebruary 13, 2024Joshua 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.

BlogFordham ILJFebruary 2, 2024Colleen 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.

BlogFordham ILJFebruary 2, 2024Maya 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.

BlogFordham ILJFebruary 2, 2024Danny 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.

BlogFordham ILJJanuary 26, 2024Jalyn 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.

BlogFordham ILJJanuary 9, 2024Camille 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.

BlogFordham ILJDecember 29, 2023Lola 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.

BlogFordham ILJDecember 29, 2023Langston 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.

BlogFordham ILJSeptember 15, 2023Peter 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.

BlogFordham ILJSeptember 15, 2023Adam 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.

BlogFordham ILJSeptember 15, 2023Anil Bhandari

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.

BlogFordham ILJSeptember 15, 2023Emma 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.

BlogFordham ILJAugust 27, 2023Lillian 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.

BlogFordham ILJAugust 27, 2023Kristen 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.

BlogFordham ILJAugust 27, 2023Joon-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.

BlogFordham ILJAugust 27, 2023Frano Katalinic