Welcome to the home of the NYU Journal of International Law and Politics (JILP). This student-run publication is devoted to commentary on contemporary issues in international and comparative law. JILP features articles on international legal topics by leading scholars and practitioners, as well as notes, case comments, and book annotations written by Journal members.
May 13-14, 2014: Online Symposium on Opinio Juris
NYU Journal of International Law and Politics is proud to once again partner with Opinio Juris for an online symposium on May 13 and 14, 2014 around Jedidiah J. Kroncke‘s article, Property Rights, Labor Rights and Democratization: Lessons From China and Experimental Authoritarians. A number of scholars will respond to and discuss Professor Kroncke’s article, including Professor Cynthia Estlund from NYU Law, Professor Eva Pils from the Chinese University of Hong Kong, Faculty of Law, and Professor John K. Ohnesorge from the University of Wisconsin Law School.
The abstract from Prof. Kroncke’s article, published in Volume 46, Issue No. 1 of NYU JILP:
This Article argues that a fundamental paradox exists in efforts to promote democratization abroad that emphasize property rights to the exclusion of labor rights. Such a paradox emerges from the still-tenuous connection between property rights and foreign legal development alongside the renewed emphasis on independent unionization in democratization theory. The Article explores the paradox in action through the willingness of modern authoritarian regimes to experiment with rule of law reforms, and creatively so in the realm of property rights, while being uniformly repressive of associative labor rights. In this vein, the Article further details this paradox through the example of today’s most successful experimental authoritarian, China’s Chinese Communist Party. The CCP’s approach to property rights reform is but one area where it has used formal legal regulation to improve its governance capacity and legitimacy. At the same time, the CCP has developed an expansive state-dominated corporatist labor regime while engaging in the unyielding repression of private labor organizing. The Article then outlines the implications of this promotion paradox and the authoritarian experience for U.S. influence on labor rights abroad, emphasizing the troubling parallels between the emphasis on employment law and employer selfregulation favored in authoritarian regimes and current trends in U.S. labor law. Beyond questioning dominant assumptions about the role of law in democracy promotion abroad, these parallels provocatively provide a new vantage point from which to consider the classic tension between property rights and labor rights in U.S. labor law doctrine.
Join us on May 13th and 14th at Opinio Juris!
Our fall issue, Vol. 46, No. 2, is now available to view online. This issue includes pieces by Justin A. Fraterman on U.S. Material Support for Terrorism Laws and International Humanitarian Law and Patricia L. Judd on the TRIPS Balloon Effect,
To order a hard copy, please visit Subscriptions.
Alexander Ehrle, a former NYU JILP Graduate Editor, shares his critique of the book Foreign Policy of the European Union—Assessing Europe’s Role in the World, by Federiga Bindi and Irina Angelescu (eds.). Accessible to both those who are new to this topic and the well-initiated, this book is a holistic and all-encompassing treatment of foreign relations in the European Union. Read More…
Thank you to all who came to the NYU JILP & PluriCourts Fall 2013 Symposium on the Function of Judges and Arbitrators in International Law. Special thanks to Herbert Rubin and Justice Rose Luttan Rubin for their continuing support of the NYU Law International Law Symposium. We would also like to thank our faculty advisor Professor Jose Alvarez for his invaluable guidance and PluriCourts for their generous co-sponsorship.
There will be an upcoming issue of the print journal dedicated to this fascinating topc, so stay tuned!
Understanding the Kiobel v. Royal Dutch Petroleum Decision
In response to the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum, announced on Tuesday, April 17, NYU JILP shared comments and reactions by students, professors, and practitioners involved in Alien Tort Statute litigation. See below for contributions to this dialogue.
Professor Burt Neuborne, the Inez Milholland Professor of Civil Liberties and founding Legal Director of the Brennan Center for Justice at NYU Law School, shares his thoughts on the future of transnational human rights litigation in the U.S.
3L student Carey Shenkman compares the split opinion in Kiobel to that in Branzburg v. Hayes and sees reason to hope that the Alien Tort Statute will remain a useful tool for international human rights litigants.
3L student and former NYU JILP board member Joseph Rome shares his reaction to the recently-published Kiobel v. Royal Dutch Petroleum opinion.
JILP Online Forum
Yelena E. Archiyan recently wrote a piece about the unilateral option clause in Russian arbitration. To read her post, Fate of the Unilateral Option Clause Finally Decided in Russia, please visit the JILP Online Forum.