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From Functional Family To Spinster Sisters: Australia's Distinctive Path To Relationship Recognition, Reg Graycar, Jenni Millbank Jan 2007

From Functional Family To Spinster Sisters: Australia's Distinctive Path To Relationship Recognition, Reg Graycar, Jenni Millbank

Washington University Journal of Law & Policy

This Essay reflects on the approaches that Australia, and to a lesser extent New Zealand, have taken to relationship recognition, focusing in particular on the ways in which they have differed profoundly from what has happened in the United States. Specifically, the relationship recognition debate in Australia through the 1990s was characterized by the absence of any real interest in marriage and instead focused on developing more functional and adaptive models of relationship recognition, primarily through presumption-based models (for example, the ascription of relationship status). In this discussion we start, by way of background, with an explanation of the development ...


Judgment At Nuremberg: Foreword To The Symposium, Leila Nadya Sadat Jan 2007

Judgment At Nuremberg: Foreword To The Symposium, Leila Nadya Sadat

Washington University Global Studies Law Review

The Nuremberg Judgment, and the trial that preceded it, have been the subject of many academic conferences over the years, and yet it is difficult to overstate their importance. As an historical matter, Nuremberg represented the first modern, successful international war crimes trial. The IMT was created by international treaty, and although it suffered from the stigma that the victors sat in judgment of the vanquished, the precedent it established was subsequently internationalized and embraced by the fledgling United Nations. The law of the UN Charter, as enshrined in the IMT’s judgment and later codified by the International Law ...


The Crime Of Aggressive War, Michael Walzer Jan 2007

The Crime Of Aggressive War, Michael Walzer

Washington University Global Studies Law Review

What is the specific wrong that constitutes aggression? Years ago, I argued that the wrong was to force people to fight and die in defense of the state that protects their common life and the territory on which that common life is lived (it has to be lived somewhere). It is not just the crossing of the border that constitutes the wrong but the threat—to the community and its members—that the crossing signifies.


Nuremberg: Past, Present And Future, Christopher J. Dodd Jan 2007

Nuremberg: Past, Present And Future, Christopher J. Dodd

Washington University Global Studies Law Review

Through historical and personal reflection, these remarks detail the unprecedented conditions of the Nuremberg trials. In addition, the paper explores the historical and modern impact of the principles of the Nuremberg trials.


Private Ordering And Institutional Choice: Defining The Role Of Multinational Corporations In Promoting Global Labor Standards, Annette Burkeen Jan 2007

Private Ordering And Institutional Choice: Defining The Role Of Multinational Corporations In Promoting Global Labor Standards, Annette Burkeen

Washington University Global Studies Law Review

Ian R. McNeil’s concept of relational contracting helped to transform our understanding of a contract from a mere exchange of promises to the creation of a relationship. Contracts are “relations among people who have exchanged, are exchanging, or expect to be exchanging in the future—in other words, exchange relations.”


The Unesco Convention On The Protection And Promotion Of The Diversity Of Cultural Expressions: A Look At The Convention And Its Potential Impact On The American Movie Industry, Edmund H. Chiang Jan 2007

The Unesco Convention On The Protection And Promotion Of The Diversity Of Cultural Expressions: A Look At The Convention And Its Potential Impact On The American Movie Industry, Edmund H. Chiang

Washington University Global Studies Law Review

No abstract provided.


Applying The Principles Of Nuremberg In The International Criminal Court, Philippe Kirsch Jan 2007

Applying The Principles Of Nuremberg In The International Criminal Court, Philippe Kirsch

Washington University Global Studies Law Review

The Nuremberg trials constituted a historic moment in the development of international law. They were important in their own right as a response to the atrocities of the Second World War. At the same time, they gave rise to a new system of international criminal justice. This system includes national courts, ad hoc international and mixed tribunals, and now the International Criminal Court (“ICC”). All of these institutions are rooted in Nuremberg.


Enabling The International Criminal Court To Punish Aggression, Benjamin B. Ferencz Jan 2007

Enabling The International Criminal Court To Punish Aggression, Benjamin B. Ferencz

Washington University Global Studies Law Review

According to Article Five of the Rome Statute, the International Criminal Court (ICC) cannot exercise its jurisdiction over the crime of aggression until amendments are adopted: (1) defining the crime; and (2) setting out the conditions, consistent with the United Nations (U.N.) Charter, under which the ICC is to act. This Essay analyzes the problems posed by these stipulated requirements, and suggests solutions to fulfill them.


The International Criminal Court: Current Challenges And Perspectives, Hans-Peter Kaul Jan 2007

The International Criminal Court: Current Challenges And Perspectives, Hans-Peter Kaul

Washington University Global Studies Law Review

In my view, all the members of the ICC, from the President to the most junior law clerk, continue to face some fundamental questions: How will we manage to turn the ICC into a functioning and effective institution? How will we cope with the limitations of this Court and with the challenges ahead? With these questions in mind, I would like to divide these remarks into two brief parts: First: Let me recall some of the legal, factual and other limitations which, also in the future, will have an impact on the work of the ICC. Second: In light of ...


Nuremberg And The Crime Against Peace, Roger S. Clark Jan 2007

Nuremberg And The Crime Against Peace, Roger S. Clark

Washington University Global Studies Law Review

Article 5 (1) of the Rome Statute of the International Criminal Court (“ICC”) states that the “crime of aggression” is one of the four “crimes within the jurisdiction of the Court.” Article 5 (2) provides, however, that the Court may not exercise that jurisdiction until a “provision is adopted . . . defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime.” It adds that “[s]uch a provision shall be consistent with the relevant provisions of the Charter of the United Nations.” Having spent a great deal of time in recent years ...


Without Nuremberg—What?, Henry T. King Jr. Jan 2007

Without Nuremberg—What?, Henry T. King Jr.

Washington University Global Studies Law Review

One of the difficulties in comparing Nuremberg to its modern descendents is that the Nuremberg Trials were conducted under ideal conditions. Germany and Italy had unconditionally surrendered and the defendants were already in the custody of and under the control of the victorious powers, as was the enormous amount of incriminating documentary evidence. The world’s nation states as a whole endorsed the trials, and the daily press coverage made its proceedings transparent to and understandable by the general public, including the Germans.

The modern war crimes tribunals have not been conducted under the same ideal circumstances. Major powers on ...


From Nuremberg To Guantánamo: Medical Ethics Then And Now, Nancy Sherman Jan 2007

From Nuremberg To Guantánamo: Medical Ethics Then And Now, Nancy Sherman

Washington University Global Studies Law Review

On October 25, 1946, three weeks after the International Military Tribunal at Nuremberg entered its verdicts, the United States established Military Tribunal I for the trial of twenty-three Nazi physicians. The charges, delivered by Brigadier General Telford Taylor on December 9, 1946, form a seminal chapter in the history of medical ethics and, specifically, medical ethics in war. The list of noxious experiments conducted on civilians and prisons of war, and condemned by the Tribunal as war crimes and as crimes against humanity, is by now more or less familiar. That list included: high-altitude experiments; freezing experiments; malaria experiments; sulfanilamide ...


Can We Compare Evils? The Enduring Debate On Genocide And Crimes Against Humanity, Steven R. Ratner Jan 2007

Can We Compare Evils? The Enduring Debate On Genocide And Crimes Against Humanity, Steven R. Ratner

Washington University Global Studies Law Review

A look back at the twentieth century reveals that the most critical steps in the criminalization of mass human rights constituted the academic work of Raphel Lemkin and his conceptualization of genocide; the International Military Tribunal Charter’s criminalization of crimes against humanity and the trials that followed; and the conclusion and broad ratification of the Genocide Convention. The Convention was the first treaty since those of slavery and the “white slave traffic” to criminalize peacetime actions by a government against its citizens. Since that time, customary international law has recognized the de-coupling of crimes against humanity from wartime.

The ...


Judgment At Nuremberg: A Three-Day Conference On The Trial Of The Major German War Criminals At Nuremberg 1945-1946 Jan 2007

Judgment At Nuremberg: A Three-Day Conference On The Trial Of The Major German War Criminals At Nuremberg 1945-1946

Washington University Global Studies Law Review

No abstract provided.


The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett Jan 2007

The Nuremberg Roles Of Justice Robert H. Jackson, John Q. Barrett

Washington University Global Studies Law Review

Justice Jackson’s Nuremberg was over 15 months of full time involvement in an unprecedented, post-World War, two continent, five major world capital,2 wreckage-strewn, military occupied, twenty-plus nation, alliance-based, alliance fraying, four language, multi-million page, prisoner-inundated, debris- and body- and victim-surrounded, cold, hungry and unsafe, Nazi-fearing, Germany-fearing, World War III-fearing, fact finding, institution creating, law building, crime defining, criminal guilt proving, punishment imposing and historical record publishing human endeavor. Given all of that, to understand “Nuremberg”—Jackson’s Nuremberg roles and the 1945–46 proceedings before the International Military Tribunal (“IMT”)—really requires one to look at Nuremberg not ...


Individual Criminal Liability And Collective Civil Responsibility: Do They Reinforce Or Contradict One Another?, Thomas M. Franck Jan 2007

Individual Criminal Liability And Collective Civil Responsibility: Do They Reinforce Or Contradict One Another?, Thomas M. Franck

Washington University Global Studies Law Review

Does the ICJ, in discharging its responsibility under Article IX to establish the “responsibility” of a state for genocide, risk trenching on the jurisdiction now assigned to the ICTY and ICC? And does it risk perpetuating a notion of “collective guilt”?


What Would Grotius Do? Methods And Implications Of Incorporating The Contract Law Doctrine Of Illusory Promises Into The Law Of Treaty Interpretation, Justin Lowe Jan 2007

What Would Grotius Do? Methods And Implications Of Incorporating The Contract Law Doctrine Of Illusory Promises Into The Law Of Treaty Interpretation, Justin Lowe

Washington University Global Studies Law Review

No abstract provided.


A World Of Peace Under The Rule Of Law: The View From America, Benjamin B. Ferencz Jan 2007

A World Of Peace Under The Rule Of Law: The View From America, Benjamin B. Ferencz

Washington University Global Studies Law Review

These remarks address a world of peace, the rule of law, and the view from America. In order to have a peaceful world, you need three basic components. You need laws to define what is permissible and impermissible. You need courts to settle disputes amicably or to hold wrongdoers accountable. And, you need a system of effective enforcement. Those three components—laws, courts, and enforcement—are the basic foundations for every society, whether it be a city, or a town, or a village, or a nation, or the world. If you didn’t have laws, or courts, or enforcement, you ...


A World Of Peace And Justice Under The Rule Of Law: From Nuremberg To The International Criminal Court, Whitney R. Harris Jan 2007

A World Of Peace And Justice Under The Rule Of Law: From Nuremberg To The International Criminal Court, Whitney R. Harris

Washington University Global Studies Law Review

No abstract provided.


A World Of Peace Under The Rule Of Law: The View From Europe, Christoph J. M. Safferling Jan 2007

A World Of Peace Under The Rule Of Law: The View From Europe, Christoph J. M. Safferling

Washington University Global Studies Law Review

The topic which has been entrusted to me, A World of Peace Under the Rule of Law —The View from Europe, carries quite a heavy burden. Sixty years after the end of the Nürnberg Trials, this invitation to discuss a global rule of law demonstrates a substantial amount of trust in the German people, who come from a country where the Nazis had abolished every democratic principle and eliminated all individual liberties by dissolving the separation of power. Although sixty years is a long time in the case of our individual lives, the recent discussion about a German military contribution ...


The Liability Of Ordinary Soldiers For Crimes Of Aggression, David Rodin Jan 2007

The Liability Of Ordinary Soldiers For Crimes Of Aggression, David Rodin

Washington University Global Studies Law Review

This “liability gap”-the fact that sovereigns and statesmen, but not subordinate officers and soldiers, are liable for jus ad bellum offences-is one of the great puzzles of international law and ethics. In this essay I examine the philosophical foundation of combatants’ war rights and the basis for liability for ad bellum offences. I conclude that there is at least a theoretical basis for extending liability for the crime of aggression to ordinary soldiers and lower ranking officers.


Genocide And Crimes Against Humanity, Patricia M. Wald Jan 2007

Genocide And Crimes Against Humanity, Patricia M. Wald

Washington University Global Studies Law Review

There are currently some troublesome issues about the overlaps and gaps between crimes against humanity and genocide as defined and enforced by international, hybrid and national courts.

Up front, of course, we must always keep in mind that the origin of international humanitarian law crimes is different from national crimes. International crimes derive mainly from international customary law and sometimes treaties. Not all treaties, however, qualify as expressions of customary law—especially if they have not been adopted or adhered to by a majority of civilized nations and not all customary law is incorporated in treaties. So, for instance, like ...