
The Fordham International Law Journal is in its 50th year of publication. As one of the most competitive international law periodicals, the Journal attracts contributions from prominent statespersons and members of the academic, legal, and political communities. FILJ pieces have been cited by international courts, CFR and ALR annotations, administrative courts, federal courts of appeals, state courts, and the US Supreme Court.
Recent Articles & Notes
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Head-of-State Immunity in U.S. Courts: When Law Trumps Facts
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International Transfers of Personal Data in Latin America: From the Brussels Effect to the Washington Effect
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Privacy in Peril: When Unchecked Surveillance Power and Unbalanced Presidential Power Collide
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Encryption and Globalization 15 Years Later: End-to-End Encryption and the Third Round of the “Going Dark” Debate
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An Agrarian Force Before the Flames: A Greek Blueprint for Europe’s Wildfire Prevention Strategy
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Preventing “Judgment Laundering” in Transnational Litigation: Comparative Analysis and Recommendations
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Considering Humanity: How the Martens Clause Implies a Legal Obligation to Conduct Risk Analysis in Decisions Regarding the Actual or Threatened Use of Nuclear Weapons
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Inadequate Control: International Law and Principles Applicable to Address Nuclear Weapon Security
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ILJ Online
Student Blogs
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Taxing Foreign Capital Gains: Revenue Potential and Policy Tradeoffs
The United States generally does not tax capital gains realized by foreign investors on U.S.-sourced investments, provided they are not engaged in a U.S. trade or business. At the same time, foreign investors account for more than a fifth of activity in U.S. capital markets. Volume XLIX staffer Freya Stavis argues that these untaxed capital gains represent a revenue source that remains untapped. This post looks at the policy reasons behind the current approach and considers whether it still makes sense to keep that revenue untaxed.
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Wages as a Trade Governance Problem
Even when firms comply with domestic wage law, workers in global supply chains may still earn less than a living wage. In this post, Volume XLIX staff editor Julia Rallo argues that low wages are not just a labor-law problem, but also a consequence of trade and supply-chain structures that shape wages upstream. The post explores why meaningful progress on living wages may require addressing trade governance alongside labor protections.
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Switched Sides: How Pakistan’s Omid Strike Exposes the “Unable or Unwilling” Doctrine
On March 16, 2026, Pakistan Air Force jets hit the Omid Drug Rehabilitation Center in Kabul. This attack killed at least 143 patients and injured many more. Pakistan implicitly justifies its actions using the “unable or unwilling” doctrine – which allows strikes against non-state actors in another country. Volume XLIX staff editor Kalsoom argues that the Omid strike misuses the doctrine. This post highlights the doctrine as a tool for political convenience, not law.
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