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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.
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.
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.
The Trump Administration's designation of two International Criminal Court judges under Executive Order 14203 has drawn significant international scrutiny and raised difficult questions about the limits of executive power. Volume XLIX staff editor Stephen Gavrielidis argues that sanctioning individual judges for the content of their decisions carries with it potential legal consequences under customary international law. This post explores what the ILC Articles on State Responsibility and the principle of judicial independence reveal about the legality of those sanctions, and what implications they may carry domestically.
The Rome Statute under the International Criminal Court (ICC) has been the main legal instrument for addressing war crimes for the 21st century. In recent years, increased international humanitarian violations have made clear that an enforcement issue exists. Volume XLIX staff editor Noah Sergio argues that the Rome Statute must be unilaterally enforced on non-member states (US, China, Israel, Russia) using sanctions, and binding resolutions embedded in the United Nations Security Council to prevent veto powers from shielding these nations with impunity. This post attempts to identify necessary actions to restore faith in international institutions, when faced with abuses of power not embodied through law.
The United Nations Convention on Jurisdictional Immunities of States and Their Properties includes an exception to state immunity suits that include a territorial tort exception that requires a tort to be in whole or in part and the author to be present in the forum state. This is outdated. Not every State is bound by this wording, but many are inspired by it in drafting their immunity laws. What does this mean in the days of improved technology and increased digital attacks? How can these parameters be changed for the modern world?
The recent strikes in Iran by the United States and Israel have sparked a wider regional war. Volume XLIX staff editor Scott Warner-Hudson argues that the initial strikes violated international law. This post explores what international law is, and highlights the potential risks in violating it.
On February 28, 2026, the United States launched a joint attack on Iran in collaboration with Israel. The US hostilities, called "Operation Epic Fury," has sparked fierce debate about President Trump's authority to send troops into Iran without congressional authorization. Volume XLIX staff editor Megan Van Stensel argues that this armed hostility is not a new phenomena, and that it is finally time for the Supreme Court to settle the prolonged interbranch dispute about the 1973 War Powers Resolution.
Telemedicine has the potential to provide significant benefits to patients across the globe. However, substantial legal and regulatory barriers stand in the way of international adoption. Volume XLIX staff editor Regina Openshaw examines the principal challenges faced by cross-border telemedicine and argues that absent international coordination, telemedicine's benefits will remain largely unrealized.
In the past year, U.S. immigration courts have increasingly relied on pretermission to dismiss asylum applications during the initial procedural stages of proceedings, aiming to resolve the backlog of over three million immigration cases. Volume XLIX staff editor Katie Keyser argues that this policy undermines the non-refoulement principle established by the 1951 U.N. Convention Relating to the Status of Refugees.