Volume 26, Issue 2 (Spring 2022)

The UCLA Journal of International Law & Foreign Affairs is pleased to present Volume Twenty-Six, Issue Two. The five pieces present a range of timely and pressing issues. The result is a unique and novel contribution to the international, comparative, and foreign law literature as well as contemporary foreign policy debates. in print or online at HeinOnline, eScholarship, Westlaw, or LexisNexis.

In the Best Interest of Children: A Proposal for Corporate Guardians Ad Litem, by Angela Aneiros and Jamie Darin Prenkert. 26 UCLA J. Int’l L. & Foreign Aff.

Professors Angela Aneiros and Jamie Darin Prenkert’s novel Article introduces a corporate model that can advocate for children’s best interests. They argue that companies should embed employees akin to court-appointed guardians ad litem in their organizations such that corporate decision-making accounts for these important, but often-overlooked, interests.

Exceptionality: A Typology of Covid-19 Emergency Powers, by Fionnuala Ni Aoláin. 26 UCLA J. Int’l L. & Foreign Aff.

Professor Fionnuala Ni Aoláin analyzes State responses to the Covid-19 pandemic, providing a typology of emergency powers practices that have emerged through pandemic responses. Professor Ni Aoláin then discusses the existing international human right law framework for evaluating health emergencies, highlighting available functional frameworks which can regulate and circumscribe the misuse of emergency powers. Finally, she discusses the limits of existing international oversight over the use of emergency powers and addresses how to retract these powers once the pandemic is under control.

Interdependence at the International Criminal Court: Reconceptualizing our Understanding of the Court and its Failures, by Jessica Peake. 26 UCLA J. Int’l L. & Foreign Aff.

Jessica Peake, Director of the UCLA Law International and Comparative Law Program and Assistant Director of the Promise Institute for Human Rights, argues in her timely Article that the Rome Statute created a series of interdependencies between actors in the ICC system. The Article proposes mechanisms to restore the balance between the Court and external actors such that the Court can uphold its mandate to end impunity for atrocity crimes.

Underutilization of ADR in ISDS: Resolving Treaty Interpretation Issues, by Ana Ubilava. 26 UCLA J. Int’l L. & Foreign Aff.

Professor Ana Ubilava argues that, despite the fact that parties seem to favor arbitration over conciliation in investor-state dispute settlement (ISDS), recourse to ISDS will not increase unless mechanisms such as mediation and conciliation are made mandatory before arbitration. Professor Ubilava examines the interpretive tools provided by the 1969 Vienna Convention on the Law of Treaties and discusses ways to address the existing conflicts in how advance consents to ISDS are interpreted.

Treaties Unchained: Restoring Checkers and Balances to Executive Agreement-Making in the U.N. Security Council, by Mohammad Reza Kameli. 26 UCLA J. Int’l L. & Foreign Aff.

Mohammad Reza Kameli’s Comment discusses the implications of unilateral executive agreement-making on constitutional separations of powers and the legitimacy of the United Nations Security Council. Specifically, Kameli uses the Iran Nuclear Deal as a case study for how current unilateral executive action raises significant accountability issues. He concludes with three potential solutions—legislative, judicial, and executive—to better prompt checks and balances in unilateral executive actions.

Available in print or online at HeinOnline, eScholarship, Westlaw, or LexisNexis.

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