Fordham International Law Journal

http://ir.lawnet.fordham.edu/ilj/

List of Papers (Total 1,790)

Multi-Faceted Risk: Exempting Trafficked Asylum Seekers from “Safe Third County” Agreements in States Not in Compliance with TVPA Minimum Standards

The “Safe Third Country” principle in international refugee law refers to a State’s ability to reject a person’s asylum application if they have already been granted protection by another country in compliance with the 1951 Refugee Convention. However, asylum seekers face higher risks of human trafficking because of their transient and vulnerable circumstances, and some of the...

Reconceptualizing Presidents

The incorporation of the International Covenant on Civil and Political Rights into Taiwan’s domestic law provided death row inmates with the legal basis to submit requests for the President’s mercy. However, Presidents have persistently ignored these requests without any response to the inmates, and the judiciary regularly dismissed the cases of the inmates by rendering decisions...

Mistaken Detonation: International and Domestic Legal Principles Applicable to Address the Accidental or Unintended Use of Nuclear Weapons

Accidental or unintended detonation of nuclear weapons is a virtually unregulated area of international law. Although the Treaty on the Prohibition of Nuclear Weapons and the Treaty on the Non- Proliferation of Nuclear Weapons seek to manage the risks of intentional nuclear use, these Treaties are silent on how the international community would assign legal liability for...

State Responsibility for Human Rights Violations Perpetrated in the Name of International Counter-Terrorism Financing Obligations

This Essay responds to the increasing adoption by States across continents of repressive, over-reaching laws, regulations, and policies aimed at countering the financing of terrorism. It documents the immense international pressure to adopt counter-terrorism financing measures, coupled with the seeming marginalization of concurrent international human rights law obligations. The...

The Need for an International Tribunal on the Crime of Aggression Regarding the Situation in Ukraine

This Essay examines the imperative need to prosecute the crime of aggression being committed against Ukraine and doing so through an international tribunal created on the recommendation of the UN General Assembly. It also makes the case for amending the Rome Statute of the International Criminal Court to expand jurisdiction over the crime of aggression to cover future similar...

A Future for Carbon Taxation?

By Myanna Dellinger, Published on 01/01/23

The Role of Science in Bridging the Climate Divide in the Wake of the 2021 IPCC Sixth Assessment Report and the Glasgow Climate Pact

Climate governance is perennially complex, as climate change is the quintessential global collective action problem: it affects those who do not contribute to it while the benefits of climate change mitigation measures are not restricted to those who pursue such a climate- conscious path. Nowadays, climate governance has proven particularly tortuous due to conditionality and...

Criminal Courts, State Succession, and Watercourses: Three Points of Influence on the International Law Commission

Strong, functional systems of international law are critical to overcoming the challenges plaguing our increasingly globalized world; injustices that have spawned recently reaffirm the need for these systems. Successfully maintaining these systems requires deep multifaceted insights. The International Law Association, founded in 1873, has aided and influenced the work of the...

The Role of International Law in Targeted Killings: from the Bush Administration to the Biden Administration

Since the terrorist attacks that occurred on September 11, 2001, the United States has been engaged in a global war to defeat terrorism, i.e., the war on terror. As part of this conflict, the US government conducts targeted killing operations, in which it singles out and kills certain individuals it deems a threat to civilian lives. There are several US statutes that govern the...

Evolution of the Chinese Labor Problem in Trade and Investment Agreements: Notional Gap and Normative Necessity for Accession to CPTPP

China’s perspective on labor regulation has impeded its integration into the global market. Although evidence indicates an attempt to assimilate to the dominant global markets’ perspectives, major challenges in labor exist. This article will assess the manner and likelihood that China will overcome these challenges to join critical trade agreements and partnerships, with the...

Echoes of the Zoning: Confronting Legal Realism in the Arguments for Reparations from the Atlantic Slave Trade and Modern-Day Human Trafficking

This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to...

Using Rights to Deepen Democracy: Making Sense of the Road to Legal Abortion in Argentina

This Article situates the 2020 passage of a law legalizing abortion as an inflection point for Argentine democracy and a case study of how rights concepts can be deployed to advance reproductive justice. First, beginning with the transition to democracy, this study traces shifts in opportunity structures including political and institutional changes; key judicial decisions as...

China’s Dual State Revival Under Xi Jinping

Under President Xi Jinping, China has undergone autocratic reclosure. Drawing on Fraenkel’s 1940 analysis of Germany’s then dictatorship as a duality of coexisting normative and prerogative modes of governance established to normalize ‘emergency’ exemptions from legality, this Article argues that this process can be understood as a Dual State revival at a point in time when rule...

“There’s a Moment When All Old Things Become New Again”: The Canadian Oil and Gas Royalty – A Modern Rent Charge

While American law recognizes the oil and gas royalty as a real property interest, Canadian law, although based on the American experience, is not as clear. This Article argues that the oil and gas royalty, an integral part of the investment necessary to the operation of the Canadian oil and gas industry, represents a modern example of the rent charge, a proprietary interest in...

War, Cacophony & Beyond: Reexamining and Adding Security to Environmental, Social & Corporate Governance Investing

Russia’s invasion of Ukraine has exposed the current ESG approach’s weakness in many ways, most noticeably in the form of real-world consequences of negative screening strategies against defense and energy sectors. This Note attributes this weakness to a cacophony of risk and impact—a conceptual conflation between the two concepts in the relatively nascent ESG space. However...

Border Brutalism

Concepts like freedom and liberty motivate Americans on the global stage. This has racial implications past and present. Exploring these arguments, this Essay: (1) reviews Greg Grandin’s The End of the Myth: From the Frontier to the Border Wall in the Mind of America and (2) proposes a framework to identify law’s place in these motivations. The End of the Myth argues that...

International Investment Law and Climate Justice: The Search for a Just Green Investment Order

Efforts are underway to craft responses to the climate crisis within the international investment order. This Article highlights international investment law (“IIL”) and international climate law (“ICL”) as two basic governance contexts within which investment- related responses to climate change are being designed. There is, however, a multilevel—normative and institutional...