AN UNEVEN PLAYING FIELD: THE EVOLVING LEGAL LANDSCAPE OF BASEBALL RELATIONS BETWEEN CUBA AND THE UNITED STATES

Stories of Cuban athletes leaving the communist isle for the capitalist pastures of the United States read like a movie script. World-class Cuban baseball players, in pursuit of a better life, have allegedly been “kidnapped, held hostage, forced to sign binding documents at gun- and knifepoint, threatened with mutilation and terrorized by those from some Read More …

A PROFESSIONAL PROJECT IN THE SOUTH PACIFIC: REGIONALISM AND REFORMING SOLOMON ISLANDS’ LEGAL PROFESSION

Solomon Islands lawyers may soon be subject to a profoundly new regime governing their practice and their professional bodies. This Article reports on the context and progress of the proposed reforms, as well as considering what might be its benefits and draw backs Francesca Bartlett

A LOST GENERATION: SYRIAN REFUGEES AND THE RIGHT TO EDUCATION IN TURKEY

Turkey is a country approximately twice the size of Montana,1 uniquely situated between Europe and Asia. Throughout its history, Turkey has acted as both a barrier and a bridge to the peoples in the Balkans, Caucasus, Middle East, and the eastern Mediterranean regions Tyler J. Smith

A HARDY CASE MAKES BAD LAW

This Article is the first ever to analyze a direct clash between the inherent power of US courts regarding the enforcement of judgments and the obligations of the United States as one of the 163 member countries of the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States, commonly Read More …

A FUTURE FOR CARBON TAXATION?

Carbon taxation has been the topic of academic and political discussions for quite some time.1 With the exception of some Northern European countries, far too few states or nations have adopted taxation in amounts likely to impact climate change mitigation positively Myanna Dellinger

WHY SHOULD THE INNOCENT SUFFER? MENTAL HARM AS DISABILITY AND THE ESTABLISHMENT OF A POST BELLUM DUTY OF CARE FOR ENEMY CIVILIANS

Over the last few years, scholars have argued that civilian mental harm should be taken into consideration as a measure in the realms of targeting decision and have proceeded to define such civilian mental harm as associated with post-traumatic stress disorder (PTSD) or brain injuries. Yet, nothing has been said on the need for civilian Read More …

UNIVERSAL CRIMINAL JURISDICTION V. UNIVERSAL CIVIL JURISDICTION: WHY IT MATTERS

“National security”1: that was the reason given by the United States to dismiss the cases against the government and officials involved in the Central Intelligence Agency’s (CIA’s) Rendition, Detention, and Interrogation program (CIA Torture Program).2 This program involved the CIA sweeping up terror suspects Margaret Myaskovskaya

UNITED STATES CONSTITUTIONAL LIMITS ON THE EXECUTIVE IN DETERMINING REFUGEE POLICY: APPLYING UNITED STATES CONSTITUTIONAL RIGHTS EXTRATERRITORIALLY

In US refugee policy, and foreign affairs in general, the Executive branch has an enlarged role in determining the law. While there are concurrent US constitutional powers between the Executive and Congress in foreign affairs, often, the US Supreme Court abdicates to the Executive. In particular, Sale v. Haitian Centers Council, Inc. highlights this division Read More …

THE PARTICIPATION OF NON-STATE ACTORS IN THE BBNJ AGREEMENT’S AREA-BASED MANAGEMENT TOOLS REGIME: SUCCESSES AND ROADBLOCKS

The recently adopted BBNJ Agreement creates a multilateral framework for the establishment of Area-Based Management Tools (ABMTs) in marine areas beyond national jurisdiction. Part of the process for establishing ABMTs under the new Agreement is the consultation of non-State actors (NSAs). Charlotte Verdon

THE OTHER SECRET DEALS: UNCOVERING THE POWER OF NON-BINDING INTERNATIONAL AGREEMENTS

In recent decades, the use of traditional international treaties has declined as states increasingly rely on deformalized agreements—nonbinding arrangements such as interinstitutional agreements and memoranda of understanding. These agreements allow governments to bypass the complexities of formal treaty-making while addressing shared challenges Guillermo J. Garcia Sanchez