Chicago Journal of International Law

A biannual journal focusing on international law and policy issues.

Articles from Vol. 14, No. 1, Summer

Beyond the Post-Conflict Checklist: Linking Peacebuilding and Transitional Justice through the Lens of Critique
AbstractWhile historically seen as being in competition with the demands of peace, transitional justice is increasingly accepted as an important element of post-conflict peacebuilding. Along with the demobilisation and disarmament of ex-combatants, security...
Case Studies in the Advancement of Sexual Orientation Rights and the Role of Developing International Legal Norms: Argentina and Brazil
AbstractThis Comment discusses the influence of international legal norm development on the advancement of sexual orientation rights. Case studies of Argentina and Brazil demonstrate that progress in this area of human rights law has been "outward-looking":...
Entrepreneurship, Hardship, and Gamesmanship: Modern Piracy as a Dry Endeavor
AbstractPiracy has reemerged in the past decade, but international laws lag behind. While modern - day piracy threatens lives and industries, antipiracy efforts are constrained by international legal definitions written centuries ago to address a crime...
Ersatz Normativity or Public Law in Global Governance: The Hard Case of International Prescriptions for National Infrastructure Regulation
AbstractTaking global prescriptions for national infrastructure regulation as a case study, this Article examines the nature and implications of the mingling of law, governance, and economics that is increasingly prevalent in global regulatory governance....
Increasing the ICJ's Influence as a Court of Human Rights: The Muslim Rohingya as a Case Study
AbstractHuman rights violations continue today at an alarming pace. To appreciate the severity of these violations, and the seemingly ineffectual response by the international legal regime, one need look no further than the persecuted Muslim Rohingya....
Jurisdiction, Immunity, Legality, and Jus Cogens
AbstractImmunities in international law expose multifaceted tensions between goals of international stability and legal accountability. This Article seeks to clarify the law in this area by providing conceptual and doctrinal coherence to relationships...
Navigating Conflicts in Cyberspace: Legal Lessons from the History of War at Sea
AbstractDespite mounting concern about cyber attacks, the United States has been hesitant to embrace retaliatory cyber strikes in its overall defense strategy. Part of the hesitation seems to reflect concerns about limits imposed by the law of armed...
Regulating Digital Currencies: Bringing Bitcoin within the Reach of the IMF
AbstractThis Comment examines the potentially destabilizing effects of emerging digital currencies on the international foreign currency exchange market. Specifically, it examines "Bitcoin," a decentralized, partially anonymous, and largely unregulated...
The Common European Sales Law's Compliance with the Subsidiarity Principle of the European Union
AbstractThe European Union is considering a proposal to create a uniform sales law that would apply to cross-border sales agreements: the Common European Sales Law (CESL). If adopted, the CESL would be an optional instrument: traders could write their...
Variations on a Theme: Comparing the Concept of "Necessity" in International Investment Law and WTO Law
AbstractThe concept of "necessity" is used in many legal systems to delimit permissible from prohibited measures where such measures negatively affect the regime's primary values, such as human rights, liberalised trade, and protection of foreign investment....

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