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Full-Text Articles in Law
Unaccountable? The United Nations, Emergency Powers, And The Rule Of Law, Simon Chesterman
Unaccountable? The United Nations, Emergency Powers, And The Rule Of Law, Simon Chesterman
Vanderbilt Journal of Transnational Law
For a body committed to the rule of law in theory, the applicability of the rule of law to the United Nations in practice remains oddly unclear. This Article will not consider the personal responsibility of UN officials, who generally enjoy personal or functional immunity from legal process in the territories where they work. Rather the focus of this Article is on the quasi-constitutional question of the liability of the organization itself. As the United Nations has assumed more state-like functions-in particular through the coercive activities of its Security Council--the question of what limits exist on the powers thus exercised …
The Crisis Of International Law, Rafael Domingo
The Crisis Of International Law, Rafael Domingo
Vanderbilt Journal of Transnational Law
This Article delves into the reasons for the current crisis in the traditional international law system, considering how the system developed through the centuries in order to respond to the needs and circumstances of past historical epochs, as well as how the system is no longer capable of meeting the unique developments and needs of life in the Third Millennium. The Article considers the fundamental problems of a state-based system of international law that--rather than focusing on the prime actor and focus of the law, the human person, and his inherent dignity--concentrates on and gives enormous power to the artificial …