The Notre Dame Journal of International and Comparative Law (JICL) hosted the Volume 16 Symposium, “Sentencing Across Borders: Debating Justice and Reform” on Friday, April 10, 2026.
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February 13, 2026
Archaeological studies of the public squares of ancient Rome and Pompeii revealed that social commentary was pervasive through graffiti in public spaces.[2] Such visible and public graffiti also included, most interestingly, false statements about politicians and demeaning comments about women.[3] Clearly, a sense of deja vu with social media at present.
The question, though, is what infrastructure did the ancient officials of Rome and Roman law have to deal with the ethical and legal issues of egregious, false statements in public spaces?
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February 13, 2026
Authoritative regimes, like the United Arab Emirates (UAE), determined to reshape their international image, are investing heavily in sports by sponsoring renowned teams and hosting major competitions,[3] all while distracting from their human rights violations[4], a practice known as sportswashing, in which sports is used to “project a positive image […] in order to increase their credibility and status on the world’s stage.”[5]
Read MoreThe Notre Dame Journal of International and Comparative Law is honored to feature Professor Jorge Barrera-Rojas as he concludes his tenure as Visiting Assistant Professor of Law at Notre Dame Law School. Native from Chile, and now serving as an Olin-Searle Fellow and Associate Research Scholar in Law at Yale Law School, Professor Barrera-Rojas has distinguished himself as a scholar of constitutional and human rights law, with prior appointments at the University of Chile, University San Sebastián, and as a non-resident Fellow at the Stanford Law School Constitutional Law Center. His published and forthcoming work in the Illinois Law Review, Washington & Lee Law Review, and George Washington International Law Review reflects a sustained commitment to comparative constitutional design, education law, and the interaction between state authority and individual freedom. His work at Notre Dame’s Church, State & Society Program has exemplified the intellectual rigor and moral clarity that define the best traditions of the academy. While at Notre Dame, he also served as the Assistant Symposium Chair for the Notre Dame Journal of International and Comparative Law (JICL).
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April 15, 2024 ∙ ARTICLE
This Article analyzes the logistics and operational considerations, as well as the equity aspects of the approach to liability and indemnification requirements, in respect of COVID-19 vaccines distributed through the COVAX Facility, a global risk-sharing mechanism for pooled procurement and equitable distribution of COVID-19 vaccines that was launched on April 24, 2020. While there is a significant body of literature assessing the original equity rationale behind COVAX, there has been less investigation as to how the risks of vaccines, as opposed to their benefits, were shared within COVAX’s redistributive scheme. In addition to analyzing logistical and operational considerations, this article examines the existing available evidence as to how the risks of vaccination were framed and managed through the establishment of the COVAX No-Fault Compensation Program for advance market commitment (“AMC”) Eligible Economies (the “Program”). The Program was developed by the World Health Organization (“WHO”) for the benefit of the COVAX conveners and is independently administered by an experienced claims administrator. The article aims to identify key areas where equitable access concerns were raised, how they were addressed, and what lessons may be learned for planning for distribution and liability and indemnity barriers going forward.
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April 2, 2024 ∙ ARTICLE
This article will delve into the established case law and current statutes in different jurisdictions to explore the feasibility of an ideal approach for resolving disputes of executory contracts, with an emphasis on balancing equity between the debtor and non-debtor parties. It will be structured into three sections. First, it will briefly explain the definition of executory contract under the U.S. Bankruptcy Code. Second, it will focus on the position of debtors and non-debtor parties in executory contract disputes. Finally, this article will compare the bankruptcy systems in different jurisdictions, aiming to conclude whether there is a better approach to balance the interests between the debtors and the non-debtor parties in executory contract disputes.
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February 4, 2024 ∙ ARTICLE
In pursuing robust equality laws in the labour law realm, a comparative analysis between South Africa and India reveals stark contrasts in their approaches. While India grapples with gaps in legislation aligned with International Labour Organization (ILO) Convention No. 111, South Africa's Employment Equity Act sets a progressive benchmark. This blog explores the nuanced dimensions of crafting comprehensive laws, the inclusivity in their applicability, and the imperative need for a cohesive legal framework to address social justice in both nations.
Read MoreAugust 16, 2023 ∙ ARTICLE
Gender-based violence (GBV) against women and girls is one of the most pervasive human rights violations in the world. Globally, 736 million women and girls, approximately one in three, have been victims of GBV at least once in their lives. GBV is an endemic that knows no cultural, social, national, or economic boundaries. Despite the ubiquitous and insidious nature of this human rights violation, it is often treated with apathy and victim-blaming, which shrouds this crime “in a culture of silence.” GBV is particularly heinous and pervasive in conflict zones. Women and girls’ bodies are commodified in wartime as the “spoils of war,” making mass rape and sexual violence a common warfare tactic that sadistically degrades, humiliates, intimidates, and injures women and girls in warring communities. The United Nations (UN) human rights mechanisms have taken major steps within their internal supervisory network to combat this human rights violation over the past three decades. One of the UN human rights bodies that has had a significant impact in systemically combating GBV and the way GBV manifests in conflict zones is the UN’s Committee on the Elimination of Discrimination against Women (CEDAW).
Read MoreJanuary 28, 2023 ∙ ARTICLE
What is the standard required for one party to provide notification concerning planned measures with possible adverse effects to another party under Article 12 of the United Nations Watercourse Convention (UNWC)? In the recent ruling in Dispute over the Status and Use of the Waters of the Silala (Chile v. Bolivia), the International Court of Justice (ICJ) held that planned actions must present significant transboundary harm to reach such a standard. I argue that the ICJ erred in its decision regarding the standard.
Read MoreJanuary 21, 2023 ∙ ARTICLE
On its face, the Constitution of the Islamic Republic of Iran (the “Iranian Constitution” or “Constitution”) is worlds apart from more familiar, Western constitutions. Modern Iran’s very name, for instance, proudly announcing to the world its status as an outwardly Islamic state, seems repugnant to Western constitutional notions of separation of church and state. Upon a closer examination, however, the Iranian Constitution is not significantly different from Western constitutions in terms of having legislative, executive, and judicial branches of government. Yet, as an analysis of Iran’s Guardianship Council and its relationship with the Supreme Leader reveals, the Iranian Constitution differs significantly from its Western counterparts in how power is allocated.
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