On March 27, 2022, the Legislative Assembly of El Salvador granted President Nayib Bukele’s request to declare a national state of emergency, informally declaring war on gangs in line with the iron fist policies that have dominated Latin American politics for decades. This legislative power is enshrined in the second section of Title II, Chapter I of the Salvadoran constitution, which limits the length of the state of emergency to 30 days. However, as of October 2024, it has been re-declared over twenty-four times. Under it, two percent of the adult population has been incarcerated, with human rights abuses, including arbitrary arrests, suspension of due process and free speech, and alleged prison torture, becoming institutionalized. This same pattern of state of emergency declarations and constitutional and human rights law deterioration has been seen throughout the region, including in Venezuela and Honduras. However, this backsliding can not only be attributed to antidemocratic leaders but also the language of provisions for states of emergency and the broader way in which national constitutions incorporate international laws. These two factors are crucial in determining the survivability of human rights. Serving as a useful counterexample to the Salvadoran case is South Africa’s constitution and case law, which was created in part to address the apartheid regime’s abuse of states of emergency.

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Artificial Intelligence (AI) is poised to be the next major battleground for antitrust law, and the industry’s unprecedented expansion and high economic concentration pose a unique challenge to existing legal frameworks worldwide. The European Union (EU) stands out as a leader in the regulation of the digital economy, having already passed legislation that limits “gatekeeper” corporations (large digital platforms that provide core services like web browsing) in the form of the Digital Markets Act and bringing numerous suits against Big Tech companies for anticompetitive behavior.

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