Features Essays
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On the Legality of Prosecuting State-Owned Enterprises: Halkbank v. United States
In this Features Essay, the authors discuss the legality of prosecuting foreign state-owned enterprises under international law.
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A Targeted Killing in Canada?
Canada and India’s dispute over the killing of Hardeep Singh Nijjar raises complex international legal issues involving sovereignty and human rights.
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Unilateral Sanctions Under International Human Rights Law: Correcting the Record
Fellmeth argues that UN Special Rapporteur Douhan’s report on sanctions is flawed in evidence, interpretation, and application of international law.
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Implementing Integrated Deterrence in the Cyber Domain: The Role of Lawyers
Caroline Krass discusses the lawyers’ role in integrated deterrence at the U.S. Cyber Command Legal Conference, noting cybersecurity and compliance.
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The International Law of Rabble Rousing
This Essay offers an account of rabble-rousing as a novel information warfare operation.
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Section 7 of the United Kingdom Bribery Act 2010: A “Fair Warning” Perlustration
“Within the past year, the tides of global corruption have begun a perceptible shift. In a growing number of countries …”
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A Principled Defence of the International Human Right to Privacy: A Response to Frédéric Sourgens
Frédéric Sourgens’s recent article, The Privacy Principle, dares to ask a provocative question: can international law regulate global surveillance pro
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A General Look at Specific Jurisdiction
Towards a unified theory of “arising out of” or “related to” jurisdiction where the defendant’s forum conduct contributed to the plaintiff’s claims
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Grey Zones in the International Law of Cyberspace
This Essay identifies certain critical grey zones of international law that are susceptible to exploitation when conducting cyber operations.
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“Uniting for Peace” in the Age of International Justice
This article examines the relevance of UfP in a new post-Cold War era.
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Exhaustion of Local Remedies in Investor-State Dispute Settlement: An Idea Whose Time Has Come?
Re-examining the requirement for foreign investors to exhaust local remedies before bringing investor-state claims.
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MLATs and the Trusted Nation Club: The Proper Cost of Membership
Looking at a new generation of MLATs and MLAT substitutes.
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The Yukos Award and the Debate over the New York Convention
As the Obama Administration defends the Trans-Pacific Partnership (“TPP”)…international arbitration has increasingly come under public scrutiny.
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Indian Executive’s Pro-Arbitration Power Move Sanctioned By Parliament: Transnational Ideals Versus National Reality
On October 23, 2015, the President of India Pranab Mukherjee, with input from Prime Minister Modi, signed into law a new Arbitration Ordinance.
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Rethinking the International Refugee Regime
T. Alexander Aleinikoff rethinks the international refugee law.
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From the Aztecs to the Kalahari Bushmen: Conservative Justices’ Citation of Foreign Sources: Consistency, Inconsistency, or Evolution?
On April 28, 2015, there were few surprises at the Supreme Court.