International Law

Online
Essay
Catching Wizard Spider: How a New U.N. Cybercrime Treaty Can Address Ransomware Attacks from Russia and Beyond
Katherine M. Koza
Katherine M. Koza is a J.D. Candidate at the University of Chicago Law School, Class of 2023, and the Executive Comments Editor of the Chicago Journal of International Law.

I thank the editors and staff of the University of Chicago Law Review, especially Matthew Makowski, Anson Fung, and Annie Kors. I also thank the Chicago Journal of International Law, especially Carol Zhang, Clare M. Chiodini, Michael Morgan, Keila Mayberry, and Amber Symone Stewart. I am grateful to my faculty advisor, Professor Aziz Huq, my international law professor, Professor Mary Ellen O’Connell, and the University of Chicago’s excellent international law librarian, Lyonette Louis-Jacques. I thank the American Society of International Law, International Courts and Tribunals Working Group for the opportunity to present a draft of this paper at the 2022 Works-In-Progress Conference. Finally, I thank my family for their constant love.

In June 2022, a Russian-linked ransomware group attacked the Costa Rican government, targeting over twenty-seven agencies and sending Costa Rica’s healthcare system “into a spiral.”

Online
Essay
Privacy Peg, Trade Hole: Why We (Still) Shouldn’t Put Data Privacy in Trade Law
Kristina Irion
Kristina Irion is Associate Professor at the Institute for Information Law (IViR) at the University of Amsterdam.
Margot E. Kaminski
Margot E. Kaminski is Associate Professor of Law at Colorado Law School and Director of the Privacy Initiative at Silicon Flatirons.
Svetlana Yakovleva
Svetlana Yakovleva is a Postdoctoral Researcher at the Institute for Information Law (IViR), University of Amsterdam, Adjunct Professor of Law at Benjamin N. Cardozo School of Law, and Senior Legal Adviser at De Brauw Blackstone Westbroek (Amsterdam).

Authors are listed in alphabetical order and contributed equally.

A Response to Profs. Anupam Chander & Paul Schwartz’s Privacy and/or Trade.

Online
Essay
Ditch the Directives and Make Like California: The Path to Improved Conditions for E.U. Farm Animals Does Not Begin in Brussels
Joaquin Gonzalez
Joaquin Gonzalez is a J.D. Candidate at the University of Chicago Law School, Class of 2023.

He thanks Delaney Prunty, Mike Morgan, Annie Kors, Matt Makowski, Benjamin Klein, and the University of Chicago Law Review Online team.

The European Union is not doing enough to protect farm animal welfare—at least, so say animal rights activists and their fellow travelers.

Online
Essay
Expecting the Unexpected: Moore v. British Airways and Defining an Accident Under the Montreal Convention
Kelsey Roberts
Kelsey Roberts is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

She thanks Benjamin Klein, Matthew Makowski, Annie Kors, and the University of Chicago Law Review Online team. She also thanks her parents for their support and for listening to her ramble on about the law.

When a passenger suffers injuries on an international flight, any claim for damages against the airline must be brought under the Montreal Convention, a multilateral treaty governing the liability of air carriers.

Online
Essay
Not My Cup of Special Tea: An Extradited Defendant’s Standing to Challenge American Prosecution Under The Specialty Doctrine
Caitlan M. Sussman
Caitlan M. Sussman is a J.D. Candidate at the University of Chicago Law School, Class of 2022. She received her B.A., summa cum laude, from Cornell University in 2016.

The author would like to thank the members of the Law Review’s Online Team for their invaluable comments and edits. She would also like to thank her family for their unconditional support.

When British authorities dragged Julian Assange out of the Ecuadorian embassy in London in April 2019, the Australian-born founder of the whistleblowing platform, WikiLeaks, was no stranger to displacement.

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Article
Volume 89.1
Foreign Dictators in U.S. Court
Diego A. Zambrano
Associate Professor, Stanford Law School.

This Article received an honorable mention in the national 2021 Association of American Law Schools Scholarly Papers Competition, awarded on a blind basis by a committee of established scholars. For thoughtful comments and conversations, I thank Pam Bookman, Curtis Bradley, John Coyle, William Dodge, Robin Effron, Maggie Gardner, Tom Ginsburg, Manuel Gómez, Aziz Huq, Erik Jensen, Chimène Keitner, Michael McConnell, David Sklansky, Beth Van Schaack, Allen Weiner, Ingrid Wuerth, and participants at the Junior International Law Scholars Association conference. I am most grateful to Mackenzie Austin and Chris Meyer for invaluable research assistance and also thank Alice Bishop, Nitisha Baronia, and Mathew Simkovits for their help.

The Foreign Sovereign Immunities Act, the court-created “act of state” doctrine, and other common-law immunities shield foreign officials and governments from most lawsuits. For instance, courts have dismissed claims against China, Cuba, Venezuela, and Russia over allegations of torture, detentions, and election interference. Yet foreign governments have unfettered access to U.S. courts as plaintiffs. And foreign dictatorships—including Russia, China, Turkey, and Venezuela—have leveraged this access to harass political dissidents, critics, and even newspapers in the United States. These doctrines create an asymmetry at the heart of this Article: foreign dictators and their proxies can access our courts as plaintiffs to harass their opponents, but their regimes are, in turn, immune from lawsuits here. This Article exposes that asymmetry and argues that U.S. courts and Congress should make it harder for foreign dictators to abuse our legal system.

Online
Essay
Federal Grand Juries’ Supremacy Over Foreign Data Privacy Laws
Alexander C. Meade
Alexander C. Meade is a Member of The University of Chicago Law Review and a J.D. Candidate in the University of Chicago Law School Class of 2022. He received his B.A. from the University of Pennsylvania in 2016.

He would like to thank Meghan Holloway, Matthew D. Reade, Nathan T. Tschepik, and Chloe M. Zagrodzky for their invaluable feedback.

Data privacy has been at the forefront of recent foreign-policy conversations.

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Article
88.1
The Comparative Constitutional Law of Presidential Impeachment
Tom Ginsburg
Leo Spitz Professor of International Law and Ludwig and Hilde Wolf Research Scholar, The University of Chicago Law School.

For helpful discussions, the authors thank Joshua Braver, Yoav Dotan, Roberto Dalledone Machado Filho, Juliano Zaiden Benvindo, Sabrina Ragone, Jeong-In Yun, and participants at the ICON-S Conference in Santiago, Chile, July 2019, as well as workshops at Georgetown University Law Center, the University of Chicago Law School, University of Maryland Carey School of Law, NYU School of Law, Vanderbilt Law School, and the University of California-Berkeley School of Law. Thanks to Young Hun Kim for providing useful data and to Kali Cilli and Delhon Braaten for research assistance.

Aziz Huq
Frank and Bernice N. Greenberg Professor of Law, The University of Chicago Law School.
David Landau
Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law.
The president must go! Thus rings the call across many democracies, including our own.
Online
Essay
The Origins of War Manifestos
Oona A. Hathaway
Oona A. Hathaway is a professor of international law at Yale Law School
William S. Holste
William S. Holste is an associate at Shearman & Sterling LLP
Scott J. Shapiro
Scott J. Shapiro is a professor of law and philosophy at Yale Law School
Jacqueline Van De Velde
Jacqueline Van De Velde, JD, Yale Law School, 2017, is a law clerk.
Lisa Wang Lachowicz
Lisa Wang Lachowicz is an associate at Debevoise & Plimpton LLP

Our recent article, War Manifestos, was the first work of legal scholarship to examine the documents that set out the legal reasons sovereigns provided for going to war from the late fifteenth century until the mid-twentieth century.

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Article
85.5
War Manifestos
Oona A. Hathaway
Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School

We thank Drew Adan, Alison Burke, Ann-Marie Cooper, Clément Dupuy, Jason Eiseman, Sarah Kraus, Evelyn Ma, John Nann, Michael VanderHeijden, and especially Ryan Harrington, who hunted down, translated, and analyzed manuscripts, manifestos, archival materials, and rare books from libraries and collections all around the world, and Theresa Cullen for her leadership of the Yale Law School Library, without which this project would not have been possible. We are grateful to Stuart Shirrell for his assistance with the data analysis. We are indebted to our research assistants, who brought to the project outstanding legal research skills, analytical expertise, and extraordinary language skills, including Classical Chinese, Latin, French, German, Portuguese, Dutch, Italian, and Ottoman Turkish: Nico Banac, Jacob Bennett, Perot Bissell, Johannes Buchheim, Varun Char, Idriss Fofana, Jade Ford, Ole Hinz, Michelle Huang, Sameer Jaywant, Aubrey Jones, Tobias Kuehne, Ling-wei Kung, Steve Lance, Ji Ma, Gregor Novak, Pedro Ramirez, Britta Redwood, Bonnie Robinson, Elisa Ronzheimer, James Rumsey-Merlan, Daniel Schwennicke, Ingmar Samyn, Mary Ella Simmons, David Stanton, Evan Welber, and Thorsten Wilhelm. We also thank participants in the Vanderbilt Law School works-in-progress workshop and Yale Law School faculty workshop for their immensely helpful feedback.

William S. Holste
Associate, Shearman & Sterling LLP
Scott J. Shapiro
Charles F. Southmayd Professor of Law and Philosophy at Yale Law School
Jacqueline Van De Velde
JD, Yale Law School, 2017
Lisa Wang Lachowicz
Associate, Debevoise & Plimpton LLP

The UN Charter provides that states are prohibited from the “threat or use of force” against other sovereign states.