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Notre Dame Law School

2012

International law

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Evading Legislative Jurisdiction, Austen L. Parrish Apr 2012

Evading Legislative Jurisdiction, Austen L. Parrish

Notre Dame Law Review

An essay is presented on the adoption of a different approach by the U.S. courts to deal with the issues related to legislative jurisdictions. The author discusses lapses in the decisions of the courts related to the practice of redefining extraterritoriality that have been foundational in both domestic and international law. It also offers brief information on the decision of the U.S. Supreme Court for the court case Morrison v. National Australia Bank Ltd.


What Is Aggression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov Jan 2012

What Is Aggression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov

Journal Articles

Under the international law on resort to force, the jus ad bellum, any serious violation of the United Nations Charter prohibition on the use of force amounts to aggression. Despite a close connection for over a century between the prohibition on aggression by states and the crime of aggression for which individuals may be held accountable, delegates to the 2010 International Criminal Court Review Conference in Kampala, Uganda felt compelled to bifurcate the two prohibitions and reach a compromise. Today, the ICC Statute contains a detailed provision on the crime of aggression, but with a byzantine procedure for entry into …