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Blog

The Presumption Against Extraterritoriality: United States v. Bowman and the Importance of Nationality

By Matti Mortimore Courts apply a presumption against extraterritoriality when assessing the geographic scope of federal statutes. Unless Congress has clearly indicated a statute regulates conduct abroad, courts will assume it applies only within the United States. The Supreme Court has vigorously enforced the presumption over the last three decades,[1]

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Look What You Made Me Do: A Critique of the Updated Critical Technologies List and Implications It Will Have on Foreign Investments

By Elisabeth Bernabe International conflict manifests in different forms. When one thinks of war, naturally they think of armed assaults conducted through the deployment of destructive weapons. Additionally, conflict can be unleashed online vis-à-vis harmful cyberattacks and foreign vigilante hackers. However, conflict largely manifests through the chess game of international

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The New Ukrainian Refugee Crisis

By Paige Clark The world is watching in horror as Ukrainians face a Russian invasion and unfathomable violence. Many people have fled from Ukraine in the past week; most have gone to Poland, Hungary, Moldova, Romania, and Slovakia. [1]  Time will tell if the fighting resolves quickly enough to avoid

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Guatemala Faces Challenges in Efforts to Fulfill Commitment to End Hunger by 2030

By Michael Duchesne On May 19, 1988, Guatemala signed the International Covenant on Economic, Social, and Cultural Rights (“the Covenant”)[1] and thereby undertook the duty to respect, protect, and fulfill the rights guaranteed by the treaty.[2] Article 11 of the Covenant recognizes the right of all citizens to “adequate food”

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Foreign Privilege: What’s So Controversial About Investor—State Dispute Settlement

By Ryan Miao Investor-State Dispute Settlement (“ISDS”) has always been a controversial issue in international law discussions. This is partially due to a fundamental feature of ISDS is that it only applies to foreign entities and not domestic investors. ISDS represents a notion of “foreign privilege” – the essential characteristic

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