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Text of the page (random words):
he world state after state followed each other in a cascade toward improving international law the purpose of this paper is to investigate the conditions that are beneficial for the initial germination of ideas with the potential to positively revolutionize international law by using a series of case studies focused on the initiation of major transformations that improved international law this paper attempts to recommend how national and international settings should be arranged to support such transformations institutions sources and creation of law treaty custom jus cogens general principles print article 26 2 because we take our values to war analyzing the views of un member states on ai driven lethal autonomous weapon systems rangita de silva de alwis distinguished adjunct professor of law and global leadership at the university of pennsylvania law school and wharton and an expert on the treaty body to the convention on the elimination of discrimination against women cedaw she thanks sienna colbert her research assistant at penn law for developing a rigorous coding matrix to evaluate each un member state s position on laws across different categories she also thanks kirra klein for her research support the author began this study as a fellow at oxford s mansfield college in the 2024 trinity term and concluded it at oxford s internet institute in the 2025 trinity term the author thanks baroness helena kennedy kc mit s sanjay sarma penn law s cary coglianese and amal clooney founder of the clooney foundation and founder of the oxford institute of technology and justice for their inspiration this article marks the 25th anniversary of the un women peace and security agenda and builds on the author s work on drafting the addendum to the cedaw committee s general recommendation 30 on the women peace and security agenda in paragraph two of its resolution on lethal autonomous weapon systems pursuant to u n general assembly resolution 78 241 the general assembly requested the secretary general to solicit the views of member states and observer states regarding lethal autonomous weapons systems laws specifically the request encompassed perspectives on addressing the multifaceted challenges and concerns raised by laws including humanitarian legal security technological and ethical dimensions as well as reflections on the role of human agency in the deployment of force the secretary general was further mandated to submit a comprehensive report to the general assembly at its seventy ninth session incorporating the full spectrum of views received and including an annex containing those submissions for further deliberation by member states in implementation of this directive on february first 2024 the office for disarmament affairs issued a note verbale to all member states and observer states drawing attention to paragraph two of resolution 78 241 and inviting their formal input corresponding communications notes verbales and letters were also disseminated to the entities identified in paragraph three of the resolution requesting their contributions on the matter for the first time this article analyzes the positions of states parties on laws submitted to the secretary general in 2024 pursuant to un general assembly resolution 78 241 calling for the views of member states and observer states on lethal autonomous weapons systems inter alia on ways to address the related challenges and concerns they raise from humanitarian legal security technological and ethical perspectives and on the role of humans in the use of force the article focuses on member states positions in relation to human centric approaches to laws and compliance with international humanitarian law moreover it argues that the standard for autonomous weapons systems compliance with the laws of war should not only be whether they follow the principles of international humanitarian law of distinction proportionality and precaution but whether they can be free of algorithmic bias the last several years of data analysis have shown that data bias and algorithmic bias can result in unintended consequences that pose the risk of unlawful discrimination from housing to finance mortgage lending to credit worthiness and college applications to job recruitment the use of artificial intelligence ai can result in unintended consequences that pose the biggest risk to women and minorities while relying on potentially biased inputs the black box of a machine can magnify these biases in its outputs or decisions furthermore machine learning can help algorithms even learn to discriminate ai mistakes are often patterned reflecting patterns in training data algorithms or the ai s fundamental design the article asks whether yale law school professor oona hathaway s recent arguments on individual and state responsibility for the patterns of mistakes in war may also apply to the pattern of biases in ai driven laws in current and future disputes machines do and will continue to make life and death decisions without the help of human decision making who will then be responsible for the mistakes in war although much has been written about algorithmic bias an algorithmic divide can create an ai driven weapons asymmetry between different nation states depending on who has access to ai in the final analysis the article argues that the transformative potential of ai must be harnessed not in conflict but in conflict resolution criminal law humanitarian human rights law jurisdiction and responsibility law of war and armed conflict state attribution print article 26 2 the territorial independence of intellectual property rights aaron x fellmeth dennis s karjala professor of law science technology sandra day o connor college of law arizona state university the author owes a debt of gratitude to the careful and diligent research of tommaso mossio and to prof margaret chon for her helpful suggestions the author also thanks the volume 26 staff members of the chicago journal of international law for their capable editing work the purpose of this article is to reassert the primacy of each state s territorial jurisdiction as a fundamental basis for resolving international ip disputes it identifies the principle that i have elsewhere termed the territorial independence of ip laws as specially relevant to the problems of parallel imports and cross border ip infringement and it explains how the proper application of the territorial independence principle resolves ip disputes in a manner that avoids running afoul of international law maintains the integrity of basic u s principles of statutory construction and remains consistent with the various federal statutes protecting ip rights the territorial independence principle arises from the basic doctrine of international law that states have primary prescriptive jurisdiction with regard to their own territories and this has important implications for how ip laws should be interpreted in multinational ip disputes jurisdiction and responsibility property law trade law print article 26 2 balancing nationalities in international investment law peter j spiro charles weiner professor of law temple university beasley school of law thanks to ben heath for comments on an earlier draft how can you tell where someone is from historically an individual s national identity was singular starting with formal nationality one s national center of gravity was readily determinable not so today determining one s primary national identification is no longer an easy thing in many cases this is consequentially enabled by the growing acceptance of dual citizenship one can openly identify as a formal member of more than one country in a way that was disfavored in the past international investment law however has not caught up to this reality in an increasing number of international arbitrations tribunals are shutting the doors on dual national claimants under the doctrine of dominant and effective nationality the test which requires arbitrators to determine to which of two nationalities a claimant is more strongly attached works from antiquated conceptions of nationality as essentially singular contemporary sociological conditions now allow for fluid and non zero sum national associations moreover application of the dominant nationality test will have unintended consequences it may revive an imperial era practice in which investors from the global north carefully nurture their homeland citizenship even while they establish themselves permanently as non citizens alongside their investments in states of the global south for better or worse citizenship s place in the world has been transformed international investment law has been generally slow to absorb change siloed from scholarship outside the perimeter of specialized arbitration journals the nature of international arbitration moreover systemically inclines it to putative doctrinal regularity here as in other areas tribunals should come to incorporate elements of global social meanings into their decision making presumptions this article brings citizenship theory to bear on a field that is systemically insulated from exogenous bodies of scholarship development investment and financial law sources and creation of law treaty custom jus cogens general principles print comment 26 2 climate change as a security interest a novel defense in fossil fuel investment arbitration nabil kapasi thousands of international investment and trade agreements contain provisions protecting investments made by parties from the signatory states one such provision is investor state dispute settlement isds a mechanism allowing foreign investors to sue host states in arbitration for treaty violations fossil fuel investors are increasingly utilizing isds successfully to hold states liable for climate action arbitral tribunals are awarding large compensations to these investors when states deny them permits for upstream activities or enact phase out policies attempting to ban fossil fuel consumption these awards impose heavy burdens on states while simultaneously deterring climate action by creating fears of liability this comment proposes that states could invoke the security exception a common clause in these international agreements that allows a state to violate its treaty obligations to protect its essential security interests to defend action targeting fossil fuel assets for the purpose of mitigating climate change historically tribunals have accepted a broad slate of interests from economic to environmental as within the purview of the security exception and they have afforded wide discretion to invoking states in defining their security interests for themselves climate change poses a significant security threat to the socioeconomic and political stability of countries invoking the security exception to defend climate action would be a novel and potentially effective defense that could help states win such disputes advancing global efforts to achieve the paris agreement climate goals development investment and financial law environmental law cjil online 5 1 view all online article cjil online 5 1 international football transfer agreements and liability for negligent payment of hacked invoices ilias bantekas professor of law at hamad bin khalifa university qatar foundation and adjunct professor of international law at georgetown university edmund a walsh school of foreign service there exists a number of seemingly inconsistent decisions and judgments issued by courts and sports tribunals on the topic of erroneous bank transfers as a result of hacked invoices for football transfer fees delivered through hacked email addresses the buyer is presumed to have the burden of making correct payment and consequently is found to be in breach of its obligation to the selling club for failure to pay to the seller s bank account the argument presented here which is consistent with the spirit of relevant statutes institutional rules and the limited case law is that there is a clear due diligence standard demanded from seller and buyer in player transfer agreements both must ensure on the basis of a best efforts approach that their it systems are not susceptible to external interference and if they have any suspicion that they have indeed been interfered with they must alert the other party immediately the buyer in particular must use alternative personal channels of communication with the seller where the latter alters its banking details as those are registered in fifa s transfer matching system tms where the buyer takes all appropriate due diligence measures and the seller fails to respond on time or is otherwise negligent in its it controls the buyer s liability for erroneous payments is partial if at all since the seller is deemed to have contributed to the buyer s breach of contract courts and procedure development investment and financial law online comment cjil online 5 1 miners on the moon taking the framework from the law of the sea to space george ericsson thank you to the chicago journal of international law and its members for their hard work preparing this comment for publication a special thank you to the following individuals for their direct contributions to the project professor david weisbach professor tom ginsburg matthew lively anna schmidt and hana nasser terrestrial mining historically answered global demand for minerals and metals but as earth s once plentiful mines diminish companies and states seek new avenues to meet the world s ever increasing resource demand instead of down scientists are now looking up at the stars to space mining which entails resource extraction from celestial bodies it is not yet economically feasible but strides are slowly being made in turning this futuristic industry into a reality currently space mining has limited regulation creating the potential for conflict over space s valuable resources therefore the international community should begin preparing for the industry s eventual rise by creating a regulatory and dispute resolution framework this comment will advocate for incorporating the regulatory and dispute resolution regimes of deep sea mining in the space context the two main modes are 1 an industrial regulator akin to the international seabed authority and 2 an international arbitration panel dedicated to handling space mining disputes like the seabed disputes chamber these frameworks can properly monitor potential externalities while still providing incentives to encourage discovery aviation space cyber telecommunication and property law environmental law recent publications recent publications 2026 cjil online 5 2 summer 2026 cjil online 5 1 winter 2026 27 1 summer 2026 26 2 winter 2026 2025 cjil online 4 2 summer 2025 cjil online 4 1 winter 2025 26 1 summer 2025 25 2 winter 2025 2024 cjil online 3 2 summer 2024 cjil online 3 1 winter 2024 25 1 summer 2024 24 2 winter 2024 2023 cjil online 2 2 summer 2...