ILJ Online is the online component of Fordham International Law Journal.
Volume XLV staff editor Ross Jablon argues that members of the international law community have a duty to protect their citizens from hate speech as a human right. Like the United States, countries have made reservations to the International Covenant on Civil and Political Rights that blatantly go against the object and purpose of that treaty and thus violate this duty.
Read MoreVolume XLV staff editor Nathan Shultz discusses how the growing complexity of technology makes it more difficult and imperative than ever to use social, political, and legal tools to help shape the development and design of technology. Shultz argues that cyberwarfare, the newest theater of war, has become the latest technological advancement that we need to tackle.
Read MoreVolume XLV staff editors Elise Loughran & Leila Witcher discusses government policies in the digital age that implicate the right to privacy and protest, with an emphasis on the protest situation in Myanmar. In addition to its past use of spyware, this year Myanmar enacted an extensive cybersecurity law that restricts individual access to internet services and implements stringent requirements on digital platform service providers.
Read MoreVolume XLV staff editor Marc Osian argues that FIFA’s international eligibility requirements track citizenship requirements and afford players flexibility that may confer long-term advantages to certain countries.
Read MoreVolume XLV staff editor Matthew Schecter argues that Israel is attempting to create the first global CBDC to alleviate pressure in the ICC and UN while also enhancing its regional security. Despite criticism from regulators such as the IMF, Israel is likely going to continue investing heavily into their CBDC because they believe it is vital to the security of their nation.
Read MoreVolume XLV staff editor Dev Basumallik argues that while a total ban on wet markets ignores the economic and cultural role they play in communities, governments should focus regulation and reforms on the riskiest practices.
Read MoreFacebook and other tech giants have faced heavy burdens in the last year and a half since the Schrems II ruling came down from the CJEU. Volume XLV staff editor Omar Nesheiwat argues that the tech companies now have to hurdle international and federal regulators to try to keep their business model alive and continue the transfer of European user data to the United States.
Read MoreVolume XLV staff editor Annmarie Heneghan: The Effects of COVID-19 on International Travel and U.S. Immigration.
Read MoreThe United States withdrew from Afghanistan in the summer of 2021 and promised Afghan allies access to the United States through Special Immigrant Visas. Volume XLV staff editors Azadeh Amir-Aslani & Michaela Gawley argue that the Taliban’s takeover, the United States’ problematic immigration system, and COVID-19 have hindered these vulnerable individuals’ ability to seek refuge out of Afghanistan.
Read Moreollow the Leader? Legal Uncertainties Shape the Risk Perception of El Salvador’s Adoption of Bitcoin as Legal Tender - writes Volume XLV staff editor Francisca Johanek.
Read MoreThe 2022 Beijing Winter Olympics have put a spotlight on China’s treatment of the Uyghurs and increased the pressure on countries to take decisive actions against the alleged human rights abuses. Volume XLV staff editor Sydney Glazer argues that once the Olympics end and the spotlight fades, countries must continue to take a stand against China’s abuses.
Read MorePeople falsely confess to crimes, and the US practice of lying to suspects during interrogations does nothing to limit false confessions. Volume XLV staff editor Caitlin McNeil argues that the US should consider conducting interrogations similar to those in the UK, with information gathering, not obtaining a confession, as the focus.
Read MoreAs tensions between Russia and the Ukraine rise, the United States must decide how to react. Volume XLV staff editor Alana McAndrews argues that under the United Nations Charter, the United States can legally intervene with military force to defend Ukraine from a Russian attack.
Read MoreVolume XLV staff editor Lauren Park argues that U.S. courts have the authority to customize discovery orders to comply with foreign blocking statutes to a degree judged to be appropriate according to international comity and do not shy away from discovery sanctions. When asserting control over discoverable documents and information in U.S. litigation, foreign jurisdictions should also consider whether they are also prepared to enforce their blocking statutes.
Read MoreLast year, China passed two different laws focused on data security and privacy. Volume XLV staff editor Anthony Wong discusses how these laws impact the transfer of data and documents, potentially impacting litigation in the United States, where discovery is much broader than those of many other countries.
Read MoreVolume XLV staff editor Celeste Williams discusses the forthcoming judgment from the European Court of Justice on the authority of the European Union to withhold funding from member states who violate the values of the bloc. A decision supporting such power could provide the Union with more teeth to sanction states for human rights violations and threats to democratic institutions.
Read MoreVolume XLV staff editor Matthew Jackson discusses medically unnecessary surgeries performed on intersex children, and the legislative progress developing in several countries to restore basic medical rights to intersex people. This piece also examines how global lawmakers can make important reforms to their jurisdiction’s informed consent laws.
Read MoreVolume XLV staff editor Jessica Lagnado discusses the new, hit movie, Don’t Look Up as a scathing critique on the world’s response (or lack thereof) to climate change and a commentary on why the Paris Agreement and, most recently, COP26 are not doing enough to combat the issue.
Read MoreVolume XLV staff editor Spencer Park discusses the advantages and disadvantages of phasing out cryptocurrencies in favor of central bank digital currencies (CBDC) to counter financial crimes, especially money laundering.
Read MoreThe Build Back Better Framework proposes a 15 percent minimum profit-based tax on corporations. Volume XLV staff editor Samana Bhatta argues that that this will bring the US in symmetry with corporate taxation of the world’s leading economies and encourage a fair corporate tax system.
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