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Articles 1 - 22 of 22
Full-Text Articles in Law
Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant
Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant
The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant
Faculty Scholarship
It is, in certain cases, impossible for persons to tell in advance which states will have effective legislative jurisdiction over their acts. In these cases, it is impossible to tell in advance whose law the person must obey. This quandry arises where some national law purports to regulate outsiders and their acts in a manner arguably inconsistent with the international law of legislative jurisdiction. If the regulating state's courts do not allow challenges to jurisdiction based on international law, and the state of the outsider's nationality fails to protect her diplomatically, the outsider has no protection against excessive claims of …
Use Of Comparative Law In Determining The Customary International Law Of Human Rights, Kenneth S. Gallant
Use Of Comparative Law In Determining The Customary International Law Of Human Rights, Kenneth S. Gallant
Faculty Scholarship
Comparative law method is essential to determining the customary international law status of rules of human rights law. Doing the hard, detailed work of comparative law is necessary if we are to give up on the unfortunate tendency to make overly broad, unsupported claims that wide varieties of human rights have passed into customary international law.
The traditional use of only interstate practice in determining rules of customary international law is insufficient where the rules concern relationships between states and individuals, especially their own nationals. This, however, is the essence of human rights law.
Comparative law techniques allow, and are …
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Comparative Law And International Human Rights Law: Non-Retroactivity And Lex Certa In Criminal Law, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, Kenneth S. Gallant
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, Kenneth S. Gallant
Faculty Scholarship
Judicial decisions of the International Criminal Court and other international criminal tribunals now serve as instances of practice and statements of opinio juris for the formation of customary international criminal law and customary international human rights law related to criminal law and procedure. In these areas of law and others, they are no longer “subsidiary” sources as that word is used in the International Court of Justice Statute, Art. 38. In the same fields of customary international law, other binding acts of international organizations, such as the UN Security Council, are also used as practice, and the statements of these …
Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant
Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant
Faculty Scholarship
Since the beginning of the Nuremberg trial, the status of the individual in international law has changed. This change is intimately connected with the right of defense in criminal proceedings, especially international criminal proceedings. Today, as a matter of right, the individual may make certain claims in international law, and especially international criminal law and international human rights law related to criminal procedure and substantive criminal law, without relying on a state to make them on his or her behalf. This article explores this development of the international legal personality of individuals. It also considers some of the limits of …
Harry Potter And The Unforgivable Curses: Norm-Formation, Inconsistency, And The Rule Of Law In The Wizarding World, Aaron Schwabach
Harry Potter And The Unforgivable Curses: Norm-Formation, Inconsistency, And The Rule Of Law In The Wizarding World, Aaron Schwabach
Faculty Scholarship
No abstract provided.
International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant
International Human Rights Standards In International Organizations: The Case Of International Criminal Courts, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach
Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant
Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant
Faculty Scholarship
Direct jurisdiction over individuals, along with responsibilities to them, are outstanding characteristics of the new International Criminal Court (ICC or Court), as they already are of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR). This Article raises issues of legitimate power to prosecute and to define criminal law and issues of individual human rights which necessarily arise in any criminal system.
This Article is predominantly an analysis of issues of criminal jurisdiction over persons as they are treated in the ICC Statute, as well as in the current ad hoc international criminal tribunals. Part II …
Kosovo: Virtual War And International Law, Aaron Schwabach
Kosovo: Virtual War And International Law, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Sentencing Policies And Practices In The International Criminal Tribunals, Mark A. Drumbl, Kenneth S. Gallant
Sentencing Policies And Practices In The International Criminal Tribunals, Mark A. Drumbl, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Nato's War In Kosovo And The Final Report To The Prosecutor Of The International Criminal Tribunal For The Former Yugoslavia, Aaron Schwabach
Nato's War In Kosovo And The Final Report To The Prosecutor Of The International Criminal Tribunal For The Former Yugoslavia, Aaron Schwabach
Faculty Scholarship
This Article addresses the report by the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) concerning war crimes allegedly committed by the North Atlantic Treaty Organization (NATO) during the conduct of its war with Yugoslavia. International law regarding the conduct of war, or jus in bello, governs what are popularly thought of as “war crimes.” This body of law is currently in flux; while the OTP is not in any sense a rule-making body, its actions may give some guidance as to the direction that the development of this body of law will …
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
How Free Trade Can Save The Everglades, Aaron Schwabach
How Free Trade Can Save The Everglades, Aaron Schwabach
Faculty Scholarship
No abstract provided.
The Role And Powers Of Defense Counsel In The Rome Statute Of The International Criminal Court, Kenneth S. Gallant
The Role And Powers Of Defense Counsel In The Rome Statute Of The International Criminal Court, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
The Legality Of The Nato Bombing Operation In The Federal Republic Of Yugoslavia, Aaron Schwabach
The Legality Of The Nato Bombing Operation In The Federal Republic Of Yugoslavia, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Diverting The Danube:The Gabcikovo-Nagymaros Dispute And International Freshwater Law, Aaron Schwabach
Diverting The Danube:The Gabcikovo-Nagymaros Dispute And International Freshwater Law, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett
Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett
Faculty Scholarship
No abstract provided.
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Faculty Scholarship
No abstract provided.
American Treaties, International Law: Treaty Interpretation After The Biden Condition, Kenneth S. Gallant
American Treaties, International Law: Treaty Interpretation After The Biden Condition, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
The Sale Of A Unique Object In The Open Market, Kenneth S. Gallant
The Sale Of A Unique Object In The Open Market, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.