Blog | North Carolina Journal of International Law

Prof. Ann Estin on child welfare in abduction and asylum proceedings

Numbers of unaccompanied minors taken into custody at the United States's southern border have nearly doubled in the last year. The dramatic increase has strained U.S. courts, particularly where international legal obligations are involved. University of Iowa law Prof. Ann Estin argues that U.S. courts are up to the challenge.

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No Comments | Posted by Elizabeth M. Hutchens on Mon. August 1, 2016 8:00 AM
Categories: Children's rights, Conflict of Laws, Hague Convention, Refugees/Asylum, Symposium

Exploring the Hague Abduction Convention Through Halabi’s Lens

In an article published in the North Carolina Journal of International Law’s symposium issue, Sam F. Halabi explores why federal courts decline to assert subject-matter jurisdiction over enforcement of visitation rights under the International Child Abduction Remedies Act (ICARA), despite asserting jurisdiction over another remedy: return of a child to his or her habitual residence. Ultimately, Halabi contends that neither the treaty nor the statute justifies the federal courts’ refusal to hear access claims.

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No Comments | Posted by Margaret D. Petersen on Fri. July 29, 2016 8:00 AM
Categories: Children's rights, Hague Convention, Symposium

The Hague Abduction Convention and Japan's nebulous family law

Japan's uniquely vague body of family law was a key reason why it didn't ratify the 1980 Hague Convention on the Civil Aspects of International Child Abduction until 2014, more than a decade after most other developed democracies. In a forthcoming ILJ article, Hofstra University law Prof. Barbara Stark argues that Japanese society's preference for sole maternal custody is likely to become clearer as its courts apply the Convention.

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No Comments | Posted by Jennie L. Cunningham on Thu. May 12, 2016 1:56 PM
Categories: Children's rights, Hague Convention, Japan

Time for more bite and less bark in climate change laws

While talks regarding climate change are necessary, action is what is really needed. The United Nations Convention on the Law of the Sea provides a potential for enforcement of climate change laws in that any member state that is not abiding by the obligations it agreed to is vulnerable to a suit under the UNCLOS for its discretions. However, nothing can change until the major players come to the table and agree to take action and be bound by their talks.


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No Comments | Posted by Brooklyn Hildebrandt on Wed. April 13, 2016 3:44 PM
Categories: Climate Change

Savage v. Zelent and N.C.'s Foreign-Country Money Judgments Recognition Act

In Savage v. Zelent, the North Carolina Court of Appeals decided an issue of first impression, upholding the trial court’s recognition of an £148,516.75 attorneys’ fee award from Scotland and providing insight into the interpretation of North Carolina's new Foreign-Country Money Judgments Recognition Act.
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No Comments | Posted by Alexandra J. Portaro on Thu. April 7, 2016 10:17 AM
Categories: North Carolina

Africa is getting a free trade zone, but when?

African Heads of Government met at the 25th Summit of the African Union and agreed to the creation of the Continental Free Trade Area with a 2017 implementation date, but experts wonder if 2017 is a realistic goal. 
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No Comments | Posted by George H. Ricks on Mon. April 4, 2016 4:00 PM
Categories: Africa, African Union, Free Trade

EU-Turkey Agreement: is the EU's refugee return program legal?

Under the new EU-Turkey agreement, all illegal migrants arriving in the EU from Turkey will be returned, but t he EU must be careful that its ultimate goal of curbing the migrant influx through mass deportation does not overshadow its obligation under international law to respect migrants’ rights.
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No Comments | Posted by Keturah T. Reed on Thu. March 31, 2016 9:00 PM
Categories: European Union, Refugees/Asylum, Reports (longer, analytical blog posts)

Why journal? Write about international law, practice professionalism

Irrespective of its particular subject matter, a journal is a terrific setting to begin building a reputation for professionalism, reliability, and thoughtfulness. My fellow-editors have been my first set of colleagues in our profession, and also my first set of clients. 
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No Comments | Posted by Christopher R. Bagley (Chris) on Mon. March 28, 2016 7:34 PM
Categories: International Law

The motivations for and mechanics of a “Brexit”

Brits are about to make the most important decision on the UK's sovereignty in four decades: whether to remain in the EU or withdraw in a so-called “Brexit.” Here's how a Brexit would look under Article 50 of the Treaty on the European Union.

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No Comments | Posted by Joseph A. Fleishman on Mon. March 21, 2016 10:21 PM
Categories: European Union, Reports (longer, analytical blog posts), United Kingdom

India: U.S. religious freedom envoy lacks locus standi

A delegation from the U.S. Commission on International Religious Freedom (USCIRF) was denied entry into India just days before its scheduled March 4 departure.  India’s rationale for denying the visas was that the USCIRF lacked locus standi, or the “capacity to sue and be sued in international adjudication proceedings,” a concept in international law that’s similar to Article III standing in U.S. federal court.
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No Comments | Posted by John A. Sorenson (Adam) on Sun. March 20, 2016 8:00 PM
Categories: India, Law of foreign and diplomatic relations, Standing, United States

Canada and EU inch toward massive trade and investment pact

Canada and the European Union are poised to conclude their largest trade agreement ever.
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No Comments | Posted by Amanda R. Dizon on Mon. March 14, 2016 2:11 AM
Categories: Canada, Direct foreign investment, European Union, Free Trade

A new, "safer" harbor for personal data transfer?

The U.S. Commerce Department and European Union officials have hammered out a new agreement to replace the "Safe Harbor" framework that the European Court of Justice invalidated in October. Will it do enough to protect EU citizens' privacy?
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No Comments | Posted by Sharon G. Lin on Thu. March 10, 2016 11:47 AM
Categories: Cyberlaw, European Union, Free Trade, United States

The legal and moral dimensions of a no-fly zone over Syria

Several former foreign-policy officials have proposed a "no-fly zone" over parts of Syria as a way of shielding civilians from attacks by government forces. President Obama and others have criticized the idea as likely to provoke a confrontation with Russia. Whatever the policy merits, a no-fly zone could have some justification in international law.
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No Comments | Posted by John A. Sorenson (Adam) on Wed. March 9, 2016 11:55 AM
Categories: Law of War, Refugees/Asylum, Reports (longer, analytical blog posts), Russia, Syria, United Nations

New sanctions on North Korea could bite deep

North Korea has been just as recalcitrant under Kim Jong Un as it was under his father and grandfather. But a new round of sanctions, following the Hermit Kingdom's nuclear test, could exert more pressure than its predecessors. 
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No Comments | Posted by Madison L. Beveridge on Tue. March 8, 2016 8:31 PM
Categories: North Korea, South Korea, United Nations, WMD

Thailand's prosecution in tourist deaths violated human rights

Thailand's apparent use of torture to extract murder confessions from two Burmese migrant workers was a fairly clear violation of the UN Convention Against Torture. Less clear is whether the workers or Burma will be able to seek redress.
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No Comments | Posted by Keturah T. Reed on Wed. March 2, 2016 10:26 PM
Categories: Immigration, International Human Rights, Reports (longer, analytical blog posts), Thailand
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