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Developments at the United Nations International Law Commission on Sea-Level Rise
Get PDFSea-level rise is a pressing global challenge that could generate catastrophic consequences for humankind. The implications for States and people all over the world are grave, making rising sea-levels a matter of utmost urgency. This paper will examine some of the challenges presented by the phenomenon of sea-level rise in relation to international law with a focus on the analysis undertaken by the Study Group on Sea-Level Rise (“Study Group”) of the United Nations International Law Commission (“ILC”)
A Little Less Conversation, A Little More Action: How American Unwillingness To Escalate Emboldens Mexico’s Populist Ambitions
Get PDFPart II of this Comment will explain the history of Mexico’s relationship with trade, as well as the finer details of the dispute resolution provisions of the USMCA that are of note. Part III will analyze two key violations of the USMCA by AMLO’s administration, contrasting the American response between the two and demonstrating the cycle of violations that has largely been created as a result of the failure to act. Part IV provides a simple recommendation to the U.S. administration for how to effectively halt its southern neighbor’s decline into unfettered populism that harms U.S. trade interests: employ the use of dispute panels whenever possible
Towards a New Orbit: Addressing the Legal Void in Space Mining
Get PDFAs the world’s technologies and capabilities to participate in space mining continue to progress at a rapid rate, the international community must consider what steps are necessary to maintain safety and peace in a largely unregulated field. Accordingly, this Comment will argue that when major spacefaring nations inevitably pass legislation allowing the ownership of space resources, they will be in violation of Article II of the Outer Space Treaty which prohibits the appropriation of celestial bodies by any state.
Part II will begin with an overview of the natural resources that exist in space by highlighting the economic and societal opportunities they offer. After discussing the incentives for nations and entities to mine space resources, this section will discuss where technological progress currently stands regarding space mining. This Comment will then provide an overview on the Outer Space Treaty and its interpretation according to the Vienna Convention on the Law of Treaties. It will also discuss the Moon Agreement and its relevance to international space law. Following that, it will give an outline of the domestic legislation that spacefaring nations have passed to narrow the interpretation of the non-appropriation principle through subsequent practice.
Part III will analyze the Outer Space Treaty as applied to the actions of the spacefaring nations discussed in Part II. Additionally, this section will argue that the spacefaring nations’ attempt to narrow the interpretation of the non-appropriation principle is unsuccessful under the Vienna Convention on Treaties. Thus, this section argues that spacefaring nations establishing property rights in space over celestial bodies are violating Article II of the Outer Space Treaty.
Part III will also highlight the importance of consensus in developing international space law. It argues that the opinions of countries with superior technological abilities and wealth should not carry more weight than those less developed. It is contrary to the Outer Space Treaty to give disproportionate consideration to less wealthy and technologically developed Signatories. Additionally, this Comment warns of potential conflict that may arise in safety zones envisioned in the Artemis Accords if countries are not all in agreement on the international space governance for space use and exploration.
Part IV will build on the pitfalls of current international space law. The resulting recommendation is the creation of a new multilateral treaty to replace the outdated Outer Space Treaty that leaves too much up to interpretation. It will recognize the challenges presented with creating a new multilateral treaty. Part IV will also propose a public relations campaign to raise awareness of the dangers of leaving space unregulated and advocate for the adoption of a new multilateral treaty. Part V of this Comment will reiterate that spacefaring nations are violating the Outer Space Treaty and new rules are necessary for the future of safety in space
ON DEMAND: The Future of the Administrative State in Environmental Law
No full textA trio of cases pending before the Supreme Court has the potential to significantly alter the role of federal agencies in making and enforcing regulations. Securities and Exchange Commission v. Jarkesy raises constitutional challenges to administrative adjudication of SEC enforcement actions. In Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce, the Court will decide whether to overturn Chevron v. Natural Resources Defense Counsel and limit deference to agency interpretations of statutes. Our expert panel will discuss the legal framework and arguments raised in these cases, as well as their impressions from the oral arguments and insights on how the outcomes will affect environmental law.Renew or join Communities to receive the best discount on registration. Click here to log in and join Communities. Are you a current law student and looking to register for one of our programs? Learn about the D.C. Bar Law Student Community and attend most individual programs at a discounted rate. Find out more here.Sponsored by: Administrative Law Committee of the D.C. Bar Environment, Energy and Natural Resources CommunityRelated Community of Interest: D.C. Bar Administrative Law and Agency Practice CommunityProgram Partner: Women\u27s Bar Association Energy, Environmental & Science Law Forum Speakers: Kirti Datla, Director of Strategic Legal Advocacy, Earthjustice Lisa Heinzerling, Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center Jeffrey Lubbers, Professor of Practice of Law, American University Washington College of Law Patrick McGuire, Counsel, Edison Electric Institute (Moderator
Searching for Truth That Speaks to Power: Free Speech and Equality on Campus
Get PDFUniversity campuses are being rent apart in disputes pitting free expression against equality [read: diversity, equity, and inclusion]. Yet scholarly discussions and university declarations widely agree: While universities should encourage an inclusive educational environment, free-speech principles prohibit universities from restricting or punishing hate speech, group libel, and other forms of offensive expression. This Article argues that this prioritizing of free speech over equality on campus is mistaken. Equality should often be favored over free expression in campus settings. Although Supreme Court precedents are ambiguous, one can reasonably argue that the doctrine allows universities to restrict and punish offensive expression, including hate speech and group libel, to pursue educational missions. Crucially, expression targeting a historically marginalized group and its members undermines their educational opportunities and environment. The history of free expression supports this thesis, as it urges caution when wielding free-speech principles to the detriment of marginalized groups. Moreover, contrary to the usual scholarly and university assertions, the university does not constitute a pristine marketplace of ideas where the search for truth advances free of domination and coercion. When universities favor free expression over equality, they typically reinforce the status quo of structural hierarchies rather than speak to power. Finally, because universities play a central role in the nurturing of democracy, one can bolster this argument for equality on campus by conceptualizing the university’s mission as cultivating full and equal citizenship for all, including historically marginalized groups
Measuring the Unmeasurable: Foreign Aid and the Rule of Law
Get PDFThis article provides an analysis of the international indexes and rankings that assess and compare the rule of law globally. It first starts with a discussion on the necessity of the international measurements of the rule of law in context of the foreign aid allocation to developing countries. Then, this article defines the rule of law and explains its relationship with governance and human rights. This article further reviews three rule of law indexes from the World Bank, the World Justice Project, and Bertelsmann Stiftung and Sustainable Development Solutions Network, using the position of Belarus in these measurements as a case study. Building on the critical aspects of the rule of law indicators, this article provides an alternative framework to assess the quality of institutions, which might be a more efficient measure of governance in the framework of foreign aid distribution and evaluation
When Platforms Infringe: Defining the Scope of Section 230’s Intellectual Property Carve-Out
No full textSection 230 of the Communications Decency Act broadly immunizes social media companies and other internet platforms from being held liable for content created by users. However, Section 230(e)(2) creates an exception to this sweeping immunity, allowing companies to be held accountable for user-generated content that violates intellectual property laws. The statute, however, does not define “intellectual property.” This ambiguity is the focus of this Note. Federal courts are split on whether Section 230(e)(2), the so-called “intellectual property carve-out,” includes state-based intellectual property claims. This Note argues that it does not. Including state-based intellectual property law in the carve-out would mean the scope of Section 230 would differ from state to state. Compounding the issue, there is substantial disagreement about whether certain state-based claims, such as the right of publicity, qualify as intellectual property laws at all. This fuzzy patchwork of state laws would lead to inconsistent liability and impose nearly insurmountable compliance challenges for platforms, threatening their ability to facilitate interstate communications. Ultimately, a clear and consistent interpretation of Section 230(e)(2)—one that is limited to the well-defined categories of federal intellectual property law—is essential to ensure uniform application of the law across jurisdictions
The Rats Don’t Run This City, We Do: How Federal and State Agency Collaboration Can Aid in the ‘War on Rats’ in the Public Housing Developments
No full textSurging rat populations in major cities and municipalities across the United States pose an increasingly severe threat to people, especially those living in public housing, because of the rats’ proximity to humans, their ability to spread diseases, and their role in creating unsafe living conditions. State and city agencies have made concerted efforts to control and eradicate rat populations, but none of the methods employed have provided a completely effective, widespread, and long-term solution to the rat infestation problem
Dobbs and Sterilization Decision-Making: Understanding the Coercive Spillover Effects in Reproductive Choice
Get PDFThe Supreme Court majority in Dobbs v. Jackson Women’s Health Organization argued their decision would have limited impact beyond abortion rights. This Article examines how Dobbs and subsequent state abortion restrictions are likely to increase women’s reliance on permanent sterilization procedures, particularly among already marginalized populations. Drawing on emerging data and historical context, I argue that some post-Dobbs sterilizations should be understood as effectively coerced by state policies, implicating reproductive justice concerns and potentially undermining fundamental rights established in Skinner v. Oklahoma. Then, I demonstrate how interdisciplinary bioethics frameworks and methodologies can help courts better understand the full implications of decisions limiting reproductive autonomy. I conclude this Article by proposing enhanced data driven approaches to document spillover effects, and recommend greater integration of bioethics principles into reproductive rights litigation strategies
New Book on Reproductive Labor and Innovation
No full textJennifer Denbow has published Reproductive Labor and Innovation: Against the Tech Fix in an Era of Hype with the Duke University Press