The European Union is attempting to exert extraterritorial regulatory powers on the domestic corporate activity of third-party nations through the Corporate Sustainability Due Diligence Directive. In short, the CSDDD would attempt to impose EU law and international agreements that the US has not ratified on the domestic corporate activity of US companies if they have EU operations that meet a certain threshold. However, Volume XLVIII staff editor Antonio Videla argues that this attempt is unlikely to succeed because the US will not accept an intrusion of its sovereignty and this attempt likely runs contrary to international law.
Read MoreThe U.S. has announced new tariffs on steel and aluminum imports, mirroring similar measures imposed in 2018 under the first Trump administration. These tariffs previously triggered global trade disputes and retaliatory duties from major economies, including China and the EU. While the WTO ruled against the U.S. tariffs in 2022, it also blocked China’s retaliatory measures. However, with the WTO’s Appellate Body currently paralyzed, appeals remain unresolved, leaving enforcement uncertain.
Volume XLVIII staff member Hsin-Hui Hsu argues that the reintroduction of these tariffs could lead to new WTO challenges, reigniting debates over the role of national security in trade policy. This blog post examines the legal implications of the new tariffs and their potential impact on the WTO system.
Read MoreThe United Nations Departments of Political and Peacebuilding Affairs (UN DPPA), played a crucial role supporting nation states across the globe in the 2024 record election year. But some major concerns around election integrity arose across these elections. Volume XLVIII staff editor Isabell Creed argues there is a bigger role for the UN DPPA to play in providing electoral support moving forward. This post explores how that role could evolve.
Read MoreUnder Article 6 of the Constitution, federal laws are given precedence over conflicting state laws. However, the taxation and regulation of the insurance industry is an exception provided for under the McCarren-Ferguson Act. Since the Act was passed, several states have enacted laws that prohibit mandatory arbitration clauses in insurance policies. This comes into conflict with the United States’ obligations under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards which requires member states to refer parties to arbitration if they have a valid arbitration clause. Volume XLVIII staff editor Samanta Kolenovic argues that the Supreme Court should resolve the conflict to provide for more certainty for insurance companies doing business in the United States.
Read MoreWith growing calls to provide security guarantees to Ukraine, several politicians have argued that Article 5 may be invoked as a result of providing these guarantees, triggering NATO member states' collective defense obligation. President Trump has even prospectively stated that he would refuse to provide Article 5 defense for member states that do not meet their 2% GDP investment target. Volume XLVIII staff editor, Kenza Tahri, explores the circumstances under which Article 5 would be invoked as a result of providing security guarantees to Ukraine, and explains the stance of international treaty law on the issue of whether a NATO ally's failure to meet its GDP spending guidelines would constitute a material breach of the agreement, excusing other member states from their collective defense obligation.
Read MorePresident Donald Trump's recent executive order withdrawing the United States from the United Nations Human Rights Council as well as the Department of Government Efficiency's effective shut down of the United States Agency for International Development appears to signal both the United States' declining role as an international human rights leader and the decline of American soft power abroad. Volume XLVIII staff editor Kate Wittpenn argues that eroding soft power could create a power vacuum for China's civil society workers, diminishing international influence and economic opportunity for the United States.
Read MoreReal estate companies for years have marketed properties in occupied Palestinian territory through events held across the country. Last year, these practices came to a head when several events were broken up by protesters claiming that the companies were promoting land that was protected under international law from being marketed and sold. Volume XLVIII staff editor, Shahrooz Nasir, argues that these real estate companies are engaging in practices in contravention of international law. This post explores the law supporting this assertion and potential steps the United States can take to ensure that it is being upheld.
Read MoreUnder the second Trump Administration, the United States and the European Union have taken sharply different approaches to regulating cryptocurrency. With the E.U. implementing the Markets in Crypto-Assets Regulation (MiCAR) and the U.S. rejecting CBDCs in favor of a market-driven, deregulated framework, the divide in general financial oversight continues to widen. Volume XLVIII staff editor Chris O'Hara examines these contrasting regulatory strategies, their implications for global markets, and whether any future policy convergence is possible.
Read More“After more than a decade of mass political violence, the Assad regime has collapsed. Does this mean it can now be held accountable for its crimes? Volume XLV staff editor Léa d’Oznobichine argues that while Assad’s downfall opens up new paths towards accountability for Assad’s crimes, much will ultimately depend on the political agenda of the new government. This post explores the potential implications of Assad’s downfall on universal jurisdiction, the Syrian justice system, the International Criminal Court, and the possibility of a specialized tribunal for chemical weapons.”
Read MorePresident Donald Trump’s recent decision to impose tariffs on imports from Canada, Mexico, and China has sparked significant legal and economic debate. Many view these tariffs as an aggressive move to safeguard national security and address immigration concerns, but this post argues that this approach, while backed by domestic law, faces significant challenges on the international stage. This post explores the legal foundation for Trump’s tariffs and examines potential repercussions under international trade agreements like GATT and USMCA, as well as the unintended social and economic consequences for American families.
Read MoreGreenland, a geopolitically significant territory with untapped natural resources, has again become the focus of President Donald Trump’s territorial ambitions. Before his inauguration, Trump proposed acquiring the island, even suggesting military force to secure the deal. However, Volume XLVIII staff editor Jahnvi Upreti argues that such actions would jeopardize NATO alliances and violate Greenland’s right to self-determination. This post examines the feasibility and implications of Trump’s proposal and advocates for diplomacy and international collaboration over coercive, imperialist tactics.
Read MoreThe United Nations faces a dilemma in deciding which faction to recognize as Myanmar's legitimate representative—the democratically elected National Unity Government (NUG) or the military-led State Administration Council (SAC) that seized power in a 2021 coup. Staff editor Alexandra Haggerty explores the implications of the UN’s indecision, weighing the choice between making a symbolic stand against repressive regimes by accrediting the NUG, or engaging in dialogue with the SAC, which could potentially foster cooperation but risks legitimizing the military junta. Haggerty argues that the UN should accredit the NUG to send a clear message against the legitimacy of military coups and repression, despite the advantages in establishing direct ties with Myanmar’s government.
Read MoreThe United States, a global leader in legal and cultural institutions, has yet to establish a dedicated restitution panel for Nazi-looted art. As countries like Germany, France, and the Netherlands implement specialized commissions to address restitution claims, the absence of such a mechanism in the U.S. raises concerns about accessibility and fairness in resolving disputes. Volume XLVIII staff editor Ashley S.H. Martinez argues that the current reliance on litigation presents significant barriers for claimants, making restitution more difficult and inconsistent. This post explores the potential benefits of establishing a U.S. restitution panel to streamline claims and ensure a more equitable resolution process.
Read MoreOn January 27, rebel groups allegedly supported by Rwanda invaded Congo, serving as a reminder of the fragile state of Africa's Great Lakes Region. The ongoing human rights violations and invasions are largely financed by illegal activity, particularly the illicit trade of conflict minerals. Current US law attempts to regulate the role of US companies in conflict mineral trade through supply chain monitoring. However, Volume XLVIII staff editor Cate Benitez argues that current US regulations may be exacerbating issues in the region rather than addressing them. This post examines both US and EU conflict minerals regulations, comparing their approaches and highlighting the need for a unified international accountability system.
Read MoreThe collapse of the Al-Assad regime in Syria ushers in a new age of uncertainty and hope. The formation of a transitional government led by the militant group Hayat Tahrir al-Sham leaves many Syrians questioning if a legitimate government will be formed and if the victims of the previous regime will receive justice; however, Volume XLVIII staff editor Jack Lynch argues that the creation of a transitional justice system will allow the transitional government to gain credibility and will provide victims with justice. This post explores the benefits and challenges of a transitional justice system in Syria.
Read MoreFollowing Russia’s invasion of Ukraine in 2022, the aviation market faced major repercussions as Russia illegally re-registered over 350 foreign aircraft. This prompted a legal battle over the $8 billion worth of aircraft that is the first of its kind. Volume XLVIII staff editor Dasha Babaytseva argues that there has already been a profound impact on the industry, yet Russia has not been held accountable for its actions. This post explores the current status of the ongoing lawsuit proceedings and the dangers that Russia’s actions have posed to both the aviation industry and civilians across the globe.
Read MoreIt is no secret that President Trump plans to impose large tariffs on all of America's international trading partners. The questions remain, however, of how he legally plans to do so, and what the ramifications of such taxes will be on global trade. In this post, staff editor Maxine Bennett explores the most likely executive order that many suspect Trump plans to use, and how other countries will suffer if these tariffs are implemented.
Read MoreEarlier this year, it was announced that the Crown Protective Service is considering bringing charges against a prominent Premier League player who was arrested for rape in 2022. However, because of the UK’s privacy laws, the player remains unnamed in media coverage of the incidents. In this post, Volume XLVIII staff editor Joshua Gottlieb explores how British courts balance an accused individual’s privacy rights with a media’s right to freedom of expression and considers whether the law strikes the right balance.
Read MoreThe U.S. has finally determined that the RSF is committing genocide in Sudan and imposed economic sanctions on its supporters. Many find that these actions have come far too late considering the humanitarian devastation caused by Sudan's civil war, and there is no peace on the horizon. With more international visibility to the crisis in Sudan, Volume XLVIII staff editor Emily Gwydir argues for a stronger international law regime of state responsibility in response to the large web of foreign states influence prolonging and funding the conflict. This post explores how a broader test for state attribution of internationally wrongful acts might be part of the strategy to help bring about an end to the conflict.
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