test-blog-display

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.

The 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.

The 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.

Under 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.

With 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.

President 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.

Real 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.

Under 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.

“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.”