Volume 53

Exporting the First Amendment Through Trade: The Global “Constitutional Moment” for Online Platform Liability

by Han-Wei Liu
The United States in the recent United States-Mexico-Canada Agreement and Japan-U.S. Digital Trade Agreement adopts a new clause which mirrors Section 230 of the Communications Decency Act of 1996, shielding online intermediaries from third-party contents liability. For policymakers, the seemingly innocuous “Interactive Computer Services” title creates the fundamental challenge in balancing free speech against competing […]

Foreign Sovereign Immunity in the Caribbean: A Case for Legislative Intervention

by The Honorable Mr Justice Winston Anderson
It may be taken to be a general principle of Caribbean jurisprudence that foreign states and their agents enjoy certain immunities from the jurisdiction of domestic courts and domestic law enforcement agencies. Clarification of the scope of this immunity is important because of the increasing presence of foreign governmental activity in commercial and economic developmental […]

A Changing Standard of Feasibility: The Failure of U.S.-Led Coalition Forces to Adapt Feasible Precautions in Attack to IS’s Human Shielding Tactics

by Danielle Flanagan
The practice of human shielding affords conflict parties significant tactical advantages in warfare, deterring the attacking party from targeting military objectives or compelling that party to breach its obligations under international humanitarian law at a high political price. These advantages were quickly recognized and leveraged by the Islamic State (IS) in its fight against the […]

Civil Rights? But Not For You: Chilling a Globalized Palestinian Resistance Movement’s Freedom of Expression Protections As Guaranteed by the International Covenant on Civil and Political Rights

by Dina Awshah
The past decade has seen both an increase in Israeli violence against Palestinians and a notable surge in global solidarity with Palestine. One of the most effective solidarity movements has been the Boycott, Divestment, and Sanctions (BDS) movement, created by a coalition of Palestinian civil society activists in 2005. With the increase in popularity of […]