Features Essays is a platform for practitioners and legal scholars to publish substantive pieces on topics in international law. Features Essays are longer and published less frequently than YJIL Forum pieces.
Written by Oliver Pahnecke & Juan Pablo Bohoslavsky
This Article proposes an innovative and human rights-based interpretation of interest rates applied to public and private loans where interest rate and risk premium are adjusted after the full payment of the principal.
Written by Hendrick Townley & Asaf Lubin
It was noon on an ordinary sunny spring day in May, but the scene was not as it should have been outside the Islamic Da’wah Center in downtown Houston, Texas. On one side of the street stood approximately ten protestors. . . .
Written by Jonathan J. Rusch
Within the past year, the tides of global corruption have begun a perceptible shift. In a growing number of countries around the world, public reactions to corruption have moved from apathy and resignation to fear, anger, and even defiance, and government agencies are pursuing corruption . . .
Written by Asaf Lubin
Frédéric Sourgens’s recent article, The Privacy Principle, dares to ask a provocative question: can international law regulate global surveillance programs without sacrificing national security interests? . . .
Written by Michael N. Schmitt
In 2015 and 2016, hackers affiliated with the Russian government broke into servers of the U.S. Democratic National Committee (DNC). The subsequent release of documents hurt Democrats in Congressional races, led to the resignation of the DNC Chairperson, created tension between the Clinton and Sanders camps, and, above all, figured prominently in the race for president. The Russian operations were yet another example of Russia’s proficiency at exploiting the “grey zones” of international law. . . .
Written by Lea Brilmayer
Success, in domestic and international litigation alike, depends on finding a court with jurisdiction over the defendant. American constitutional law, which governs assertion of jurisdiction even over international defendants in American courts, has developed the subject of personal jurisdiction into a fine art. It’s all a question of whether ‘minimum contacts’ exist between the defendant and the forum, and whether the assertion of jurisdiction satisfies a standard of “fair play and substantial justice.” . . .
Written by Michael Ramsden
The United Nations Security Council (“Council”) has performed a central role since the end of the Cold War in establishing mechanisms to hold perpetrators of international crimes accountable . . .
Indian Executive’s Pro-Arbitration Power Move Sanctioned by Parliament: Transnational Ideals Versus National Reality
Written by Joseph (Yusuf) Saei
On October 23, 2015, the President of India Pranab Mukherjee, with input from Prime Minister Narendra Modi, signed into law a new Arbitration Ordinance (“the Ordinance”), which took effect immediately and was passed into law two months later as an Amending Act (“the Act”) . . .
Written by Steven Levy
As the Obama Administration defends the Trans-Pacific Partnership (“TPP”), and several presidential candidates rail against it, international arbitration has increasingly come under public scrutiny . . .
Written by T. Alexander Aleinikoff
How do we tell the refugee story? We—refugee advocates, the press, international organizations—frequently focus on a dramatic personal story, often one of tragedy . . .
From the Aztecs to the Kalahari Bushmen: Conservative Justices’ Citation of Foreign Sources: Consistency, Inconsistency, or Evolution?
Written by Zachary D. Kaufman
On April 28, 2015, there were few surprises at the Supreme Court. During oral argument in Obergefell v. Hodges, counsel for each side mostly rehearsed the usual marriage equality arguments around rights, dignity, fairness, love, procreation, family, tradition, religion, and slippery slopes . . .
Written by Matthew C. Porterfield
The proposed Transatlantic Trade and Investment Partnership (TTIP) between the United States and the European Union presents an opportunity to reconsider an old idea: requiring foreign investors to exhaust local remedies before bringing investor-state claims . . .
Written by Yonatan L. Moskowitz
Until recently, Mutual Legal Assistance Treaties (“MLATs”) were dusty, specialists’ treaties used mostly to gather evidence during investigations of transnational crimes . . .
Written by Nila Bala
Written by Burcu Kilic, Hannah Brennan & Peter Maybarduk
Written by Suyash Paliwal
Written by Christina Parajon Skinner