Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International Law (4)
- Human Rights Law (2)
- Jurisdiction (2)
- Basel Accord of 1988 (1)
- Courts (1)
-
- Crime of aggression (1)
- Criminal Law and Procedure (1)
- Cross-border regulatory networks (1)
- Eric A. Posner (1)
- International and municipal law (1)
- Iraq (1)
- Iraqi High Criminal Court (1)
- Jack L. Goldsmith (1)
- Network norms (1)
- Regulatory capital (1)
- Saddam Hussein (1)
- State compliance (1)
- Torture (1)
- World Trade Organization (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
The Definition And Jurisdiction Of The Crime Of Aggression And The International Criminal Court, Buhm-Suk Baek
The Definition And Jurisdiction Of The Crime Of Aggression And The International Criminal Court, Buhm-Suk Baek
Cornell Law School J.D. Student Research Papers
The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court that was held in Rome to establish the International Criminal Court in 1998 finally adopted the Rome Statute with the participation of 160 countries. The Rome Statute of the ICC entered into force on 1 July 2002 and has been ratified by 100 States. What was considered not so long ago merely a dream of a few people has become a reality after the strenuous efforts of the UN over 50 years. However, one central issue still remains unresolved in the Rome Status. It is …
Torture As A Problem In Ordinary Legal Interpretation, Alan Hyde
Torture As A Problem In Ordinary Legal Interpretation, Alan Hyde
Cornell Law Faculty Publications
American legal discourse on torture takes for granted some, usually all, of the following propositions, that make discussion of torture more difficult than it should be. Torture is assumed to present unusually difficult problems of definition, full of vague concepts, fine lines, gray areas, murky moral dilemmas, "dirty hands." This vagueness is thought to be even more of a problem for the attendant concept of "cruel, inhuman, and degrading treatment." The legal sources of either prohibition are assumed to be dubious under American law. Prohibiting torture is, perhaps for these reasons, thought to require moral justification not necessarily required of …
Review Essay: The Limits Of Their World, Robert C. Hockett
Review Essay: The Limits Of Their World, Robert C. Hockett
Cornell Law Faculty Publications
I take a recent monograph on international law, Jack Goldsmith & Eric Posner's "Limits of International Law," as case study in a more general inquiry into the limitations of rational choice and game theoretic accounts of international law. I argue that international law is irreducibly normative in character, and that the task before us is to ensure that it gives expression to the right norms, not to pretend that it gives expression to no norms at all.
Saddam Hussein's Trial In Iraq: Fairness, Legitimacy & Alternatives, A Legal Analysis, Christian Eckart
Saddam Hussein's Trial In Iraq: Fairness, Legitimacy & Alternatives, A Legal Analysis, Christian Eckart
Cornell Law School J.D. Student Research Papers
The paper focuses on Saddam Hussein’s trial in front of the Iraqi High Criminal Court in Baghdad. After providing an overview of the facts surrounding the court’s installation, the applicable international law is identified and the fairness and legitimacy of the current proceedings are analyzed. The paper finishes by considering whether the trial should be relocated and addresses alternative venues that could have been chosen to prosecute Iraq’s ex-dictator.
What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead
What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead
Cornell Law Faculty Publications
This Article proposes a new approach to analyzing state compliance with international obligations, positing that increased interaction among the world's regulators has reinforced norms within cross-border regulatory networks, influencing the actions of senior regulators who are network members and, in turn, affecting levels of state compliance.
Network norms help define what state actions constitute signals and the meanings of those signals. Certain actions, such as implementing a substantive network standard, may be considered a concrete expression of an abstract network norm. States that fail to implement that standard risk failing to send the right signal, potentially incurring significant network sanctions. …
Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont
Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont
Cornell Law Faculty Publications
No abstract provided.
The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii
The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii
Cornell Law Faculty Publications
No abstract provided.