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Cornell University Law School

2005

Rule of law

Articles 1 - 3 of 3

Full-Text Articles in Law

The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton Jan 2005

The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author argues that the creation of the Iraq Special Tribunal (IST) is warranted under the existing structure of international law, & accords the highest aspirations of those who purport to believe in the rule of law. The legal authorities for the creation of the Special Iraqi Tribunal in Articles 64 & 43 of the Hague regulations regarding occupation, legal authority through the UN Security Council Resolution 1483, & the Coalitional Provisional Authority are defined. The structure of the IST is described in terms of jurisdictional reach, procedural …


A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah Jan 2005

A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Ansah

Cornell International Law Journal

Explores the separations, constructions, & barriers between law & religion from both a secular & religious perspective. Maintaining boundaries between law & religion often results in the construction of the repudiated religious Other. Creation of a public/private divide is based on an exclusion that functions like what psychoanalysts call abjection. However, the abject (religion) is a latent source of creativity that remains outside the domain of the law but weakens it as the primary site of authority. Removing religion from the sidelines of public juridical dialogue reduces the constraining power of discourse & widens the states discretion. The failure of …


Assessing Human Rights In China: Why The Double Standard, Randall Peerenboom Jan 2005

Assessing Human Rights In China: Why The Double Standard, Randall Peerenboom

Cornell International Law Journal

No abstract provided.