Volume 64
International Investment Law ♦ Online
Meeting the Looming Deadline for the Corporate Reorganization of Sino-Foreign Joint Ventures Under China’s 2020 Foreign Investment Law
In the wake of the landmark Foreign Investment Law of 2020, all Sino-foreign joint ventures formed under China’s prior foreign investment legal regime must reorganize and register in compliance with the requirements of the Company Law by December 31, 2024…
DANIEL C.K. CHOW
International Banking ♦ Online
Surviving the Stampede: Market-Based Resolutions vis-à-vis Overregulation
This essay examines the contrasting resolution mechanisms for banking failures in the United States and Switzerland by analyzing the cases of Silicon Valley Bank, Credit Suisse, Signature Bank, and First Republic Bank…
BEPI PEZZULLI
International Tax ♦ Online
Ending the Vicious Cycle: Understanding “Pillar Two” and the Uncertain Progress Towards a Harmonized Global Minimum Tax
In recent years, the international community has acted with unprecedented cooperation to rationalize, reform, and empower the international tax regime. Paramount among these reforms is broad international agreement on…
BRENDAN BARGMANN
International Conflict and War ♦ Online
Frameworks for Accountability: How Domestic Tort Law Can Inform the Development of International Law of State Responsibility in Armed Conflicts
The development of international law of state responsibility in warfare thus far has either implicitly relied on tort law and theory as a means of comprehending elements of liability, or explicitly suggested that reparations in international…
HAIM ABRAHAM
Democracy ♦ Online
The Future of Democracy and the Rule of Law
Headlines warning about the crisis of declining or failing democracy are a constant drumbeat in the news media. This is not all contrived. Democracy has been in decline around the world for at least the past decade. Through my work in the international rule of law arena…
THE HONORABLE M. MARGARET MCKEOWN
International Investment Law ♦ Online
Transformative Constitutionalism and International Investment Law
International investment law faces five core legitimacy challenges: the state-dependency challenge, the human and constitutional rights challenge, the equality challenge, the standard of protection challenge, and the investor state dispute settlement system…
CARLOS BERNAL
Volume 63
Courts ♦ Online
A Choice by Any Other Name: Ad Hoc Substitutes for Choice of Law
This Essay analyzes three methods of avoiding the doctrinal disarray in American choice of law: imposing constitutional restrictions on personal jurisdiction and therefore limiting the plaintiff’s ability to forum shop for favorable choice of law; applying the…
GEORGE RUTHERGLEN
Genocide ♦ Online
The Genocide of Hazaras
Distinguishable by their Asiatic appearance, distinct Farsi dialect, and mainly Shi’a faith, Hazaras form one of the major ethnic groups in the predominantly Sunni Muslim country of Afghanistan. Hazaras have endured numerous mass atrocities throughout…
MEHDI J. HAKIMI
Volume 62
International Trade ♦ Online
The Recovery of the City of London's Competitive Advantage in Global Capital Markets: Renouncing Inherited EU Law to Restore English Common Law
In the aftermath of Brexit, British Prime Minister Boris Johnson and the ruling Conservative Party have formulated an ambitious political agenda called “Global Britain,” which calls for making the City of London the world's most competitive global financial services…
BEPI PEZZULLI AND RAFFAELLA TENCONI
Genocide ♦ Online
Ordering the Repatriation of the Rohingya
The Gambia has applied for the International Court of Justice (ICJ) to hold Myanmar responsible for violating the Genocide Convention and to order Myanmar to return displaced Rohingyas to their homes. This essay argues that if Rohingyas have…
MD. RIZWANUL ISLAM
International Trade ♦ Online
WTO Waiver from Intellectual Property Protection for COVID-19 Vaccines and Treatments: A Critical Review
In view of the increasing concern over global efforts to ensure equitable access to affordable COVID-19 vaccines, India and South Africa presented a proposal to the World Trade Organization (WTO) in October 2020 seeking a waiver of intellectual property rights…
BRYAN MERCURIO
Democracy ♦ Online
Constitutional Courts in Defective Democracies
Constitutional courts exercising the power to invalidate the outputs of elected bodies can strengthen the liberal democratic character of the polities they serve in three main ways: by reinforcing representation; protecting human rights, particularly those…
MICHAEL C. DORF
Volume 61
Courts ♦ Online
The Conflict Between American Punitive Damages and German Public Policy—a Reassessment
German and European tort law and civil procedure currently may be undergoing an important sea change. The question of punitive damages was anathema to most European civil law systems. Classically, damages in European civil law systems have a…
JOACHIM ZEKOLL & WIEBKE VOẞ
Global Health ♦ Online
Breaking State-Centric Shackles in the WHO: Taiwan as a Catalyst for a New Global Health Order
After World War II, states established World Health Organization (WHO), recognizing that “the health of all peoples is fundamental to the attainment of peace and security.” This aspiration, embedded in global health governance, introduces a paradox vis-à-vis…
CHING-FU LIN, HAN-WEI LIU, & CHIEN-HUEI WU
International Governance ♦ Online
The Impossibility of Noncontribution
This essay considers noncontribution under the plea of necessity in international law. It first argues that noncontribution reflects an indeterminate and protean standard. It then contends that its application to the unique factual backdrop of a pandemic yields…
NICHOLAS J. DIAMOND
Immigration and Refugee Law ♦ Online
Refoulement as a Corollary of Hate: Private Actors and International Refugee Law
While researchers in the field of refugee studies have set out to influence the policy decisions of host states, the reverse situation, where a host state’s policy decisions have shifted refugee movements, has been little discussed. With the increasing incidence…
ISHITA CHAKRABARTY
International Criminal Law ♦ Online
Enforced Disappearances: Applicable to Political Organizations?
The definition of enforced disappearances in the Rome Statute for the International Criminal Court (ICC) includes “political organizations” as sub-state entities under Article 7 (Crimes Against Humanity). Other authoritative documents, such as…
ALEXANDER ROMBOUD WOLFFENBUTTEL
International Relations ♦ Online
Moving Beyond the Future Now Past of U.S.-China Legal Studies: Re-Opening the American Legal Mind?
Current American debates regarding Sino-American affairs are dominated by recriminations over the implications of China’s recent illiberal turn. Dim prospects for Chinese political liberalization have caused many to defend their promotion of post-1978 American…
JEDIDIAH J. KRONCKE
International Relations ♦ Online
Was Helping China Build Its Post-1978 Legal System A Mistake?
Some thoughtful observers argue that the American policy of cooperation with post-Mao China in developing its legal system has proved a failure. They claim that our engagement set out to produce a democratic, “rule of law” China, but instead enabled…
JEROME A. COHEN
Volume 60
International Relations ♦ Online
After the Max: Rebuilding U.S. Aviation Leadership
From the inception of powered flight to the establishment of an international aviation legal regime, the United States has served as the long-time leader of the global aviation system. The international response to the recent crashes of Boeing 737 MAX aircraft suggests…
RONCEVERT GANAN ALMOND
Immigration and Refugee Law ♦ Online
Family Separation as Deterrent: Affected Refugee Rights in International Law and Remedies
A central pillar of Donald Trump’s presidential campaign was to make the United States’ already inhospitable immigration system even less accessible to refugees and migrants. This policy has most notably been implemented by two policies of family separation…
GUUS DUINDAM
Domestic Application of International Law ♦ Online
Monasky v. Taglieri: The (International) Case for a “True” Hybrid Approach
From the inception of powered flight to the establishment of an international aviation legal regime, the United States has served as the long-time leader of the global aviation system. The international response to the recent crashes of Boeing 737 MAX aircraft suggests…
JOE DIGIROLAMO & MANAL CHEEMA
Volume 58
Democracy ♦ Online
May Britain Trump America When It Comes to Democracy?
A central pillar of Donald Trump’s presidential campaign was to make the United States’ already inhospitable immigration system even less accessible to refugees and migrants. This policy has most notably been implemented by two policies of family separation…
RENÉ REYES
International Relations ♦ Online
MOSENEKE’S IMPACT ON LAND RESTITUTION MY OWN LIBERATOR: A MEMOIR. By Dikgang Moseneke. Johannesburg: Picador Africa. 2016
In May 2016, after over fourteen years on the bench, Deputy Chief Justice Dikgang Moseneke retired from his position on South Africa’s highest court. Moseneke, who was an established public figure before joining the Constitutional Court, remains one of its most identifiable…
BYRON CROWE