MJIL Blog

Volume 32 - Issue 2

Looking for American Action on Climate Change after the Paris Agreement? Don’t Look to the United States’ Judiciary.

By Tanner Sparrow As global carbon emissions continue to rise following the Paris Agreement and the earth continues to speed towards irreversible climate change, the Paris Agreement, despite its successes, faces repeated criticism.[1] Given that all nations’ current targets are not enough cumulatively to keep the climate from staying below the 2-degree Celsius threshold,[2] and…

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Sanctions and Counter-sanctions Between the West and China over Xinjiang

By Wesley Cong Cao On March 22, the United States, the European Union, the United Kingdom, and Canada imposed sanctions on Chinese officials over human rights issues in Xinjiang.[1] The “united transatlantic response,” according to U.S. Secretary of State Antony Blinken, was the first such coordinated Western action against Beijing under the new Biden administration.[2]…

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An Attempt at Effective EU Enforcement: Rule of Law Conditionality

By Jordan Ziehr The last decade has seen a number of European Union Member States experience significant democratic backsliding, which has presented a challenge to the EU’s commitment to uphold the rule of law. In Poland, attacks on the independence of the judiciary led to an EU attempt to enforce its requirements that Member States…

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The Power of Regulatory Takings Claims: A Note of Caution on the Pack the ISDS Tribunal Debate

By Danielle Hoffman In the midst of the Covid-19 pandemic, many countries party to international investment agreements (IIAs) imposed reactive measures restricting the export of masks and other medical equipment.[1] As a result of these measures, masks and other medical equipment contractually arranged to be exported, were not.[2] Accordingly, disgruntled investors, who incurred losses from…

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TikTok, WeChat, and IEEPA

By Jiaying Zhang On February 10th, 2021, the Biden Administration decided to halt two executive orders, which were signed by his predecessor, which banned social media platforms Tiktok and Wechat from the U.S. market.[1] This move will allow American users to continue their enjoyment of these communications applications, but it prevents the courts from further…

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Recent Debates on International Digital Taxation

By Sicheng Shen The digitalization of the economy has been a key focus of tax debates in recent years.[1] Political debates have focused on the differences between taxing physical business operations and virtual operations.[2] Changing international rules on digital taxation will impact both where and how much tax the impacted digital businesses pay.[3] The current…

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Cyclists’ Uphill Battle for Space on Berlin’s Streets

By Andrea Rosato Berlin’s city planning exists between two identities. The city is simultaneously known for its outstanding transportation system,[1] while also being the capital of the “country of cars.”[2] Now, there is a third player seeking space on Berlin’s roads: cyclists.[3] In 2018, cyclists achieved a major win with the passage of the Mobility…

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