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A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution, Jessica S. Peake
A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution, Jessica S. Peake
Jessica S Peake
International criminal procedure is characterized by a fundamental structural shift in the allocation of power between the actors in a criminal trial – the judges, Prosecution and defense - away from that traditionally ascribed under an adversarial system and towards the power distribution structure more common to the inquisitorial system. By looking at the Statutes and RPEs of the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC), it is possible to identify varying degrees of power shifts in each court: across each we see a …
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Judith A Hale Reed
Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …
Repsol, Ypf, And Argentina: A Hypothetical Look At The Pending Icsid Arbitration Over Ypf, Stephen Pelliccia
Repsol, Ypf, And Argentina: A Hypothetical Look At The Pending Icsid Arbitration Over Ypf, Stephen Pelliccia
Stephen Pelliccia
In this paper I will discuss the 2012 expropriation of the Repsol subsidiary, YPF S.A., by the Argentine government and the upcoming ICSID arbitration on the legality thereof. Taking in to account basic tenets of international arbitration law, bilateral investment treaties, and ICSID jurisprudence, I will put forward some of the principal arguments of both parties could make and discuss a likely decision by the ICSID Tribunal. In addition to the ICSID award I will also discuss the difficulties of enforcing ICSID and other arbitral awards against Argentina and will discuss Latin American attitudes towards ICSID in general. Keeping in …
E Unum Pluribus: The Limitations On State Law Because Of Foreign Policy Uses Of State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn Gibbons
E Unum Pluribus: The Limitations On State Law Because Of Foreign Policy Uses Of State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn Gibbons
Llewellyn Joseph Gibbons
Unlike many nations where the ratification of a treaty immediately changes its internal laws, in the United States, unless the language of the treaty is self-executing, Congress must affirmatively change domestic laws to conform to the obligations of the treaty. Increasing, it is a modern trend for the United States to represent in international forums that the United States is in conformity with its international obligations because of state statutes or because of common law court decisions. This article looks whether the foreign policy representations of the United States to other countries (in the context of the international intellectual property …