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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.
The 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.
Cryptocurrency 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.
The 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.
Since 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.
With 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.
The 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.
As 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.
The 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.