HUMAN RIGHTS & THE RIGHTS OF NATURE: FRIENDS OR FOES?

This Article explores the connections between human rights and the rights of nature. Rights of nature is emerging as a global movement to rethink and move away from dominant anthropocentric approaches to law. As it is based on the idea that nature has inherent rights, rights of nature is often labelled as the “human rights Read More …

FAILED DREAMS OF TRANSFORMATIVE LEGAL EDUCATION: THE (NON)- AMERICANIZATION OF EAST ASIAN LAWYERS

During the 1990s, Japan, Korea, and China all undertook significant reforms of their systems of legal education. These reforms occurred during the high tide of global optimism about legal reform’s ability to catalyze positive social change, and the rise of what might be called an era of “transformative legal education reform.” Impacted by the late Read More …

DEFINING FORCED AND FREE LABOR, 1930–1957

This Article explores international debates around forced and free labor in the twenty-seven years following agreement on the Forced Labour Convention in 1930. On the coercive labor side, it explores the discussions around the abolition of penal sanctions in the colonial context, the 1956 Supplementary Convention on the Abolition of Slavery, and the 1957 Abolition Read More …

DEFENDING DEMOCRACY THROUGH LAW: THE ESTABLISHMENT OF THE LEGAL SERVICE OF THE EUROPEAN PARLIAMENT

Democracy, as well as the rule of law, is one of the founding values of the European Union. With the recent rise of some authoritarian governments in Europe, scholars have focused primarily on the efforts led by the European Commission and the European Court of Justice (“ECJ”)1 to curb democratic backsliding. While European institutions have Read More …

CRIMINAL “APARTHEID” IN THE OCCUPIED PALESTINIAN TERRITORY?: A CALL FOR A MORE NUANCED APPROACH FROM THE PERSPECTIVE OF INTERNATIONAL CRIMINAL LAW

This is a legal doctrinal inquiry into the claim that Israel’s policies and practices in the Occupied Palestinian Territory (OPT) constitute apartheid. Its purpose is to provide a more nuanced analysis which more clearly distinguishes between legal/doctrinal and political/policy arguments. While the popular, non-legal use of the apartheid claim regarding the OPT (and beyond) has Read More …

COMMON LAW, CIVIL LAW, AND SUPRANATIONAL LAW: CLASHES OF INTERPRETATION

In her dissenting opinion to the widely discussed 2023 ruling on racial quotas for university admissions,1 U.S. Supreme Court Associate Justice Sonia Sotomayor complained that the majority was trying to tame “society’s progress toward equality Andrea Pin

COLLATERAL DAMAGE AND INDIVIDUAL RIGHTS IN ARMED CONFLICT

The tragic war in Gaza has focused the world’s attention on the humanitarian consequences of armed conflict. Residential buildings, schools, places of worship, and hospitals have been destroyed. Tens of thousands of civilians, including children, have been killed and much of the Palestinian population has been displaced Charles P. Trumbull IV

CAPTAIN HOOK TO SPACE CROOK: TOWARDS A CONVENTION ON THE SUPPRESSION OF SPACE PIRACY

While the commercial future of outer space endeavors is bright, parallels between outer space and the high seas and advances in modern technology suggest Space Piracy will become a real and serious peril to States and their nationals. Because preexisting international law does not adequately empower States to tackle this threat, States must proactively consider Read More …

BOOK REVIEW: NUCLEAR WEAPONS AND INTERNATIONAL LAW, EXISTENTIAL RISKS OF NUCLEAR WAR AND DETERRENCE THROUGH A LEGAL LENS, 2 VOLUMES, SECOND EDITION, BY CHARLES J. MOXLEY JR. (2024)

These are scary times to be thinking and writing about nuclear weapons. Introducing a “Times Opinion’s” series entitled “At the Brink,” the New York Times writer Kathleen Kingsbury insists that: “We’ve condemned another generation to live on a planet that is one grave act of hubris or human error away from destruction without demanding any Read More …