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Full-Text Articles in Law
International Law And Religion In Latin America: The Beagle Channel Dispute, M C. Mirow
International Law And Religion In Latin America: The Beagle Channel Dispute, M C. Mirow
Faculty Publications
In 1978, an Argentine diplomat proposed a method of defusing a territorial dispute that very nearly sparked off a war between Argentina and Chile, It,was an offer calculated to be rejected by Chile, and yet Chile’s immediate response was “Agreed” - a response so unthinkable to Argentina that within hours its military Junta revoked the power of the Foreign Minister and the President to sign the agreement it had just proposed. In December 1978, the countries were quickly moving towards a war that, if waged, would most likely have engulfed much of Latin America. The Vatican, however, intervened and brought …
Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie
Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie
Faculty Publications
This article explores the ability of the International Criminal Tribunal for the former Yugoslavia to create and amend its own Rules of Procedure and Evidence. It also focuses on the manner in which the Tribunal addresses issues that arise, throughout the course of its proceedings, for which its statute and rules are silent. This article advances the theory that, when confronted with issues that are controversial, complex, or for which there is a lack of consensus among national legal systems or the Tribunal’s judiciary, the Court should simply decide the case before it rather that create broad and binding rules. …