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ILJ Online

ILJ Online is the online component of Fordham International Law Journal.

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Greenland for Sale? The Clash Between National Security and Self-Determination

Greenland, 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.

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Who Speaks for Myanmar? The UN’s Response to Competing Claims of Governance.

The 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.

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Restitution of Looted Art & Property: A Case for a Restitution Panel in the United States

The 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.

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The Current Disconnect Between Global Finance Regulations and Local Conflict: How Your Computer Parts May Fund Human Rights Violations in the Democratic Republic of Congo

On 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.

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Transitional Justice in post-war Syria: A Path to Healing

The 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.

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The Legal Battle Over $8 Billion of Aircraft – The Impact of Russia’s Invasion of Ukraine on the International Aviation Market

Following 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.

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How Trump Plans to Increase Tariffs, and the Impact on International Relations

It 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.

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How the UK’s Reasonable Expectation of Privacy Deters the Press from Naming Prominent Accused Individuals Before They Are Charged

Earlier 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.

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The U.S. Has Finally Declared Genocide in Sudan: Why Did It Take So Long to Get Here and What Comes Next?

The 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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Cross-Border Corporate Governance Challenges: Issues faced by MNC’s adhering to diverse corporate governance laws

This divergence is further complicated by the rise of Environmental, Social, and Governance (ESG) standards. While the European Union has implemented stringent ESG reporting requirements under its Corporate Sustainability Reporting Directive (CSRD), the U.S. currently lacks a comprehensive federal framework regulating ESG, leaving companies to navigate a patchwork of state-level regulations. Volume XLVIII staff editor Shanaia Carvalho agrees that the absence of a cohesive federal or state ESG framework in the U.S. creates significant compliance challenges for corporations operating globally.

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Surrogacy in the U.S. and Beyond: A Path Toward Global Standards?

Surrogacy laws worldwide reflect deep ethical and legal divides, with the U.S. standing out as one of the few countries permitting commercial surrogacy under state-specific rules. Volume XLVIII staff editor Monika Lucic explores the implications of this fragmented landscape and considers how the U.S., by leveraging its position, could inspire the development of global standards that ensure ethical and equitable surrogacy practices.

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BlogFordham ILJMonika Lucic
The State of America’s Tech War with China

The United States recently passed an Act that will prevent Americans from downloading TikTok onto their devices. This move comes along growing national security concerns tied to the Chinese parent company ByteDance. The legislation is another significant step in the ongoing tech-war between the United States and China. TikTok quickly challenged the Act, arguing in front of the Supreme Court that it violates the First Amendment. While the Act undoubtably impacts speech, Volume XLVIII staff editor Sophie DeBiase-Harris explains that its language also raises another constitutional issue: whether the Act is a bill of attainder and therefore unconstitutional. Despite TikTok and ByteDance being singled-out and named explicitly in the Act, TikTok’s lawyers failed to meet the high legal standard required to win a bill of attainder claim.

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Revisiting Fraser—The Need For The US To Mimic European Soccer’s Free Market System to Expand Soccer Within the Nation

The United States, despite its dominant presence in most global sports, struggles to match its international counterparts in soccer. This disparity stems in part from Major League Soccer's single-entity structure, which limits financial opportunities and player movement. Volume XLVIII staff editor Jonathan Green argues that the First Circuit should revisit its decision in Fraser v. MLS and restructure the league to follow European soccer's free market system. This post explores how shifting to a club-based model could attract more top global talents and expand soccer's presence within the United States.

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Trade Wars: How Tariffs Became the Trump Card

Section 232 of the Trade Expansion Act (1962) and Section 301 of the Trade Act (1974) provide the President with broad powers to impose tariffs and trade sanctions. Since 2018, tariffs have become a central tool in U.S. trade strategy, particularly in relation to China. Trump’s second presidency will likely see a continuation of his “America First” trade policy, with tariffs at the center of U.S. strategy.

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The Education Exception: A Comparative Analysis of US and EU Copyright Law Concerning Educational Access and Use

Copyright law plays a vital role in safeguarding intellectual property, ensuring that creators are rewarded for their work while fostering innovation and creativity. However, education, as a cornerstone of societal progress, often necessitates access to copyrighted materials. This is where educational exceptions come into play, striking a delicate balance between the rights of copyright holders and the public interest in promoting accessible education. Volume XLVIII staff editor Aekta Mouli compares how educational exceptions are applied in an interconnected world where digital learning and cross-border education are increasingly prevalent.

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BlogFordham ILJAekta Mouli
Why Bankruptcy Fails as a Disciplinary Tool in China

China's bankruptcy system faces significant challenges in serving as a tool for financial discipline. Despite reforms modeled after the U.S. Chapter 11 framework, societal priorities, state ownership, and judicial discretion often undermine its effectiveness. Volume XLVIII staff editor Xuyou Zhang examines how these factors impact corporate governance in China and explores potential reforms to strengthen bankruptcy’s role in promoting accountability and financial stability.

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BlogFordham ILJXuyou Zhang
The Wild West: A Mosaic of International Approaches to Global AI Regulation

Artificial intelligence regulation is a rapidly evolving global issue, with major powers taking vastly different approaches. Volume XLVIII staff editor Ariana Tagavi examines how the European Union’s AI Act sets a precedent for stringent, human-centered regulation, while the United States and China adopt contrasting strategies—one favoring innovation, the other state control. This post explores the fragmented legal landscape of AI governance and the pressing need for international cooperation.

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BlogFordham ILJAriana Tagavi
Georgia's EU Aspirations: Legal Implications of Prolonged Protests and Democratic Backsliding

Massive protests have erupted in the country of Georgia following allegations of corruption and misconduct in the Georgian Dream party’s recent election victory. In this post, Fordham International Law Journal staff member Nata Mushkudiani explores the legal and international implications of the protests, the claims of election irregularities, and their impact on Georgia’s democratic trajectory and relations with the West.

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ICJs Specific Intent Standard for Genocide: An Obstacle to Accountability?

The International Court of Justice (ICJ) serves as the primary judicial organ of the United Nations. While the court has become a critical tool for states seeking to hold others accountable for acts of genocide, its strict evidentiary standards have often hindered its ability to find states liable. In the ongoing case of The Gambia v. Myanmar, the court’s high threshold for proving specific "intent to destroy" raises concerns about whether justice will truly be served and the ICJ's potential to adequately uphold the Genocide Convention in future cases. Volume XLVIII staff editor Amanda Núñez examines how the ICJ’s current framework may be setting the bar too high and explores proposed reforms to the interpretation of the special intent standard that could enhance the court's ability to uphold the Genocide Convention.

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Reparations for Indigenous Tribes: What the United States Can Learn From New Zealand

The United States has long struggled with addressing the historical injustices committed against Native American tribes. While New Zealand has made significant strides in offering reparations to its Indigenous Māori tribes, including financial settlements and land returns, the U.S. has yet to adopt a comprehensive reparations program. Volume XLVIII staff editor Erin Duddy explores how the U.S. can learn from New Zealand's approach to reparations, exploring how the United States can make a more robust acknowledgment of past wrongs.

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BlogFordham ILJErin Duddy