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Full-Text Articles in Law
Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphne Richemond-Barak
Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphne Richemond-Barak
Daphne Richemond-Barak
Various efforts have been undertaken in recent years to clarify the legal framework governing the outsourcing of security and military functions to private actors. While national and international legislation have made little progress, self-regulation has advanced steadily. The article provides the first normative assessment of self-regulation in the private security and military industry – and as such offers interesting insights for other industries that are transnational in reach and under-regulated by domestic, regional, and international law. Though industry critics tend to deplore the normative 'softness' of self-regulation and its voluntary nature, it appears to have shifted behavioral norms and triggered …
The Human Rights Council And The Convergence Of Humanitarian Law And Human Rights Law, Daphne Richemond-Barak
The Human Rights Council And The Convergence Of Humanitarian Law And Human Rights Law, Daphne Richemond-Barak
Daphne Richemond-Barak
This Article examines and challenges the assumption that the Human Rights Council can and ought to address violations of international humanitarian law. Though envisaged as the main guardian of human rights within the United Nations system, the Human Rights Council views its mandate as encompassing both human rights and international humanitarian law. This extension of its mandate to humanitarian law is not entirely surprising, given the close relationship between IHL and human rights law. Yet, a comparison with other human rights bodies shows that the Council has gone further and with less caution than any other human right body called …
The International Court Of Justice On Kosovo: Missed Opportunity Or Dispute 'Settlement'?, Daphne Richemond-Barak
The International Court Of Justice On Kosovo: Missed Opportunity Or Dispute 'Settlement'?, Daphne Richemond-Barak
Daphne Richemond-Barak
This article analyzes the reasons why the International Court of Justice chose to significantly narrow the scope of its advisory jurisdiction in its Kosovo opinion and, arguably, missed an opportunity to opine on important questions of international law (in particular, matters of recognition, secession, and self-determination). I argue that the Court's approach was driven by a desire to avoid exacerbating tensions between the two most interested parties, namely Kosovo and Serbia. Although the opinion was overwhelmingly perceived as pro-Kosovo in its immediate aftermath, a more thorough analysis suggests that the Court sought a delicate compromise between the positions of the …
Commentary Of Article 37 Of The Statute Of The International Court Of Justice, Daphne Richemond-Barak, Bruno Simma
Commentary Of Article 37 Of The Statute Of The International Court Of Justice, Daphne Richemond-Barak, Bruno Simma
Daphne Richemond-Barak
No abstract provided.
The Oil Platforms Case Before The International Court Of Justice: A Non-Case Of International Responsibility, Daphne Richemond-Barak, Prosper Weil
The Oil Platforms Case Before The International Court Of Justice: A Non-Case Of International Responsibility, Daphne Richemond-Barak, Prosper Weil
Daphne Richemond-Barak
No abstract provided.
Normativity In International Law: The Case Of Unilateral Humanitarian Intervention, Daphne Richemond-Barak
Normativity In International Law: The Case Of Unilateral Humanitarian Intervention, Daphne Richemond-Barak
Daphne Richemond-Barak
This Article argues that the ambiguous normative regime currently governing unilateral humanitarian intervention provides an adequate legal framework for such intervention. The Article reviews the arguments typically made in support of a codified, strict normative regime, finding that strict normativity is unlikely to deter human rights violators more effectively than the current framework. In addition, the Article points out that any effort to codify a norm of unilateral humanitarian intervention faces formidable obstacles. Such an effort must overcome the conflict between the traditional doctrine of state sovereignty and emerging principles of human rights, as well as practical difficulties in reaching …