JILP Forum

The Enforcement Critique and Its Selective Application to International Law 

Both students and experts of international law are familiar with the claim that “international law isn’t real.” Although critics advance this claim through a variety of arguments, one of the most influential is that international law lacks effective enforcement mechanisms. 

Does the Arab World Need Stronger IP Enforcement?

Many Arab countries are part of the World Trade Organization’s agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) and countries such as Jordan and Kuwait have enacted facially strong intellectual property (“IP”) laws.[1] Yet, individuals visiting the region are likely to encounter several common types of IP infringement.

Antitrust and Distrust: The U.S. and EU’s Efforts to Reign in Big Tech

In the wake of scandals like Cambridge Analytica and the 2016 presidential election interference, many have deemed “Big Tech” too powerful.[1] But U.S. policymakers are yet to implement comprehensive regulations—perhaps because major issues range from anticompetitive behavior to disinformation. Thus, some suggest looking to our European counterparts for help.

Niqab and the Religious Freedom Violation in France

Hijab colloquially refers to a veil covering the head.[1] The word niqab refers to a veil covering the lower half of the face. In normative fiqh, or Islamic jurisprudence, covering the head and hair is obligatory, with a difference of opinion on whether covering the face is necessary.[2] In 2010, France passed a law, Act No.

Lessons on U.S.-China Relations from China’s Anti-Monopoly Law

China adopted a market economy in 1979, pulling nearly 800 million people out of poverty.[1] As growth slowed, China turned to new policies to nurture its fledgling socialist market economy.[2] In 2007, China adopted the Anti-Monopoly Law (“AML”), sparking international debate.[3] Rather than trying to position itself as a superior alternative to the U.S., China’s reasoning behind adopting AML reveals that it wants to protect its survival above all.

Afghanistan’s Shifting Media Law

In August 2021, the Taliban returned to power in Afghanistan, claiming the capitol after President Ashraf Ghani left the country.[1] Among the changes that resulted from the shift in power was a difference in the country’s rules regulating journalism and journalists.

International Copyright and AI-Generated Artwork

Artificial intelligence (“AI”) has made it possible to achieve wonderful things, such as the completion of symphonies[1] or their movements.[2] However, the United States (“U.S.”) is leaving important AI-generated artwork unprotected under its current Copyright regime.[3] This frustrates the goals of Copyright Law, which aim to incentivize creativity and promote societal development through the protection of creative works.[4] Thus, the U.S.

Haiti, Climate Displacement, and International Law

The impacts of climate change are continuing to worsen, and in the Caribbean and Latin America, Haiti is the country most vulnerable to those impacts.[1] When states are already fragile from political and economic turmoil, environmental disasters and long-term climatic change further stress those systems, leading, at the extreme, to international displacement and migration.

Preserving our Culture

As fundamentalism and extremism rears its ugly head, our communities are subject to greater danger. Instead of expressing their opinions peacefully via a civic debate, these radical groups subject innocent people to the worst forms of terror. One of those forms involves attacks on cultural treasures and historical sites.

Blood and Justice: Crisis in Michoacàn

In 2011, the Knights Templar rose to be one of the strongest cartels in Mexico. Situated in Michoacán, one of Mexico’s western states, the Knights Templar maintained its power thanks to strongman Servando Gomez.

When a Nation Decimates its Economy

Russia lost an estimated $120 billion due to international sanctions in 2014.[1] This is half of their budget.[2] Perhaps even worse with the oil crisis, Russia is effectively barred from international finance.

Austria’s Unequal Religious Reform: An Attempt to Create an Austrian Form of Islam

As of February 25, 2015, Austria passed a reform to their country’s 1912 Islam Law.[1] The original 1912 version made Islam an official religion of Austria and guaranteed Muslims “wide-ranging rights, including religious education in state schools.”[2] While most agreed that updates were necessary, Muslim leaders have said that the specific refo

Catalonia’s Push for Secession

We may have lost the battle but we have not lost the war. This adage seems to resonate with secessionists worldwide. One would assume that Scotland’s decision to remain under the territorial sovereignty of the UK would demobilize secessionists elsewhere. Yet, the people of Catalonia remain as invigorated as ever. Catalonia’s President Artur Mas has signed a decree calling for a referendum on independence.

The Future of Software Licensing

Introduction

Copyright is a bundle of rights given to the creators of “original works of authorship”. It is a legal concept designed to grant the creator of an original work the exclusive right to create and distribute copies.[1] Copyright law has often grappled with the conflict between the rights of the copyright owner and the rights of the consumer of the copyrighted work. Under § 106, copyright owners have the exclusive rights to make and distribute copies of a copyrighted work.

Access to Life-Saving Medication: The Struggle Between Innovation and Efficacy

Innovation of new, life-saving drugs is partly influenced by how a particular country defines “innovation” and how receptive the country’s laws are to innovation. The Swiss pharmaceutical giant, Novartis, was denied a product patent application from the India Patent Office (IPO) for a specific compound, the beta crystalline form of imatinib mesylate.[1] The drug, Gleevec, is a cancer drug used to treat chronic myeloid leukemia and some gastrointestinal cancers.[2] On April 1, 2013 in Novartis v.

The International Face of Legalizing Same-Sex Marriage

In light of the recent oral arguments that the United States Supreme Court heard on March 26-27, 2013[1], the issue of same-sex marriage made the forefront of American news and media. The issue is not isolated to just the US. In fact, several countries, including France, New Zealand, and Uruguay, have pending legislation before their governments to legalize same-sex marriage, and eleven countries have legalized same-sex marriage on a national scale.[2]

A War of Attrition

In June of 1971, President Richard Nixon’s declaration of a “war on drugs” effectively cemented an orthodoxy that has permeated most aspects of modern society.[1] What was once considered a matter of public health has become a militarized and profit-driven industry, formidable enough to shape the global environment in its own image. While originally expected to quickly and significantly reduce drug trafficking in the US, to this day the war surges on— enormous, bloated, and hungrier still.

IPad Trademark Dispute in China

     Apple settled the “iPad” trademark lawsuit by agreeing to pay $60 million to Shenzhen Proview Technology.[1] While seemingly a huge amount of money, it is a small price to pay for Apple to “safely” explore the promising Chinese market for their new iPad product. Moreover, under the undisputable facts and rules of the iPad trademark case, settling may be the best option for Apple.

International Forums and Internet Pirating

On March 3, 2013, a major Internet pirating website, The Pirate Bay, leaked information to the press relating to an intention of the company to relocate its servers to North Korea. The Pirate Bay later admitted that the statements had been made as a prank[1], but this leads to the question; can Internet only companies simply run across jurisdictions to escape prohibitive laws within the own countries?

JILP Perspectives

The ICJ’s New Role

 "We are living in crisis. This time is real."

Last October, I attended my first international law conference in New York as a second-year law student. A sense of crisis was felt everywhere. Some shared a grim outlook of international law. Yet it did not dissuade my budding interest in this field. Rather, it pushed me to think about its demanding questions. One of them was: what "new" role is the International Court of Justice (ICJ) taking at this difficult time?