March 14, 2022

Journal of International Law Publishes Volume 27, Issue 2

International profit shifting, orbital debris removal, and the definition of crimes against humanity: Global questions of international responsibilities and constitutional enforcement discussed in the Journal of International Law’s Volume 27, Issue 2

The Southwestern Journal of International Law is pleased to announce the publication of Volume 27, Issue 2. The Journal publishes scholarly notes and articles and sponsors related symposia. In doing so, the Journal explores international insolvency, environmental law, international trade issues, NAFTA, international arbitration, privatization in Central and South American countries, immigration, human rights, international crime, and a host of other comparative issues.

This new issue contains six articles and three notes poised to address relevant and compelling domestic, international, and comparative law topics.

In "Health v. Individual Freedom: Is That the Question? (A Re-examination of Reasonable Scrutiny During COVID-19)", Alberto B. Bianchi and Estela B. Sacristán discuss reasonable scrutiny in cases of executive orders employed by the Argentine legislature, alongside a comparative analysis of the approaches used in the United States and Germany in response to the COVID-19 pandemic. Dr. Mehrnaz Hadian provides her unique perspective as an ICU physician and healthcare lawyer in her comment to Bianchi and Sacristán's piece, "The Public's Right to Health and Safety Trumps and Individual's Right to Freedom: The Role of Government and Courts to Protect Health During Pandemic."

In "The Nexus Element in the Definition of Crimes Against Humanity: An Analysis of Argentine Jurisprudence," Mariano Gaitán examines the development and application of the law of crimes against humanity in Argentine jurisprudence in light of the under-explored nature of the nexus element by international criminal tribunals. Melanie Partow comments on Gaitán's Analysis in "Minding the Impunity Gap in Domestic Prosecutions of Crimes Against Humanity Under Customary International Law." Partow discusses how the adjudication of international human rights violations is impacted by sovereign states applying international criminal law in their domestic courts.

In "The Clash of Constitutional and International Law in Argentinean Case Law," Hernán Victor Gullco discusses the recent decisions of the Argentinian Supreme Court that overruled precedent and ignored both international human rights treaties and the Argentinean Constitution, which established the constitutional supremacy of those treaties. Jonathan Miller furthers the discussion in his comment, "Adding Baby Teeth to U.S. Participation in the Inter-American Human Rights System," highlighting the U.S. courts' hesitancy related to orders from international tribunals and commissions.

This issue concludes with notes authored by past members of the Journal including: "Combatting Base Erosion and Profit Shifting: Is a Digital Service Tax on Revenue the Right Path Toward Equitable International Taxation?," by Brendan Nafarrate; "Sons of the Soil"-Malaysia's Preference Laws for Malays as a Violation of Equal Protection," by Jasmine Penny; and "International Trash Pick-up: The Need for a Neutral Orbital Debris Removal Organization," by Astina T. Shakilyan.

The Southwestern Journal of International Law is delighted to share this issue with our community. Volume 27, Issue 2 is available on our website and in print (contact lawjournal@swlaw.edu for details).