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Full-Text Articles in Law
The Amnesty Exception To The Jurisdiction Of The International Criminal Court, Michael P. Scharf
The Amnesty Exception To The Jurisdiction Of The International Criminal Court, Michael P. Scharf
Faculty Publications
This article examines the paradoxical question of whether the International Criminal Court will require justice at the expense of peace. Notwithstanding the popular catch phrase of the 1990s - "no peace without justice"' - peace and justice are sometimes incompatible goals. To end an international or internal conflict, negotiations must often be conducted with the very leaders who were responsible for war crimes and crimes against humanity. When this is the case, insisting on criminal prosecutions can prolong the conflict, resulting in more death, destruction, and human suffering.
Cooperation In International Bankruptcy: A Post-Universalist Approach, Lynn M. Lopucki
Cooperation In International Bankruptcy: A Post-Universalist Approach, Lynn M. Lopucki
UF Law Faculty Publications
This article examines the several competing systems proposed for international cooperation in the bankruptcy cases of multinational companies and concludes that a cooperative form of territoriality would work best. Universalism, the system that currently dominates the scholarship, diplomacy, and jurisprudence of international bankruptcy, holds that the courts of the multinational company's "home country" should have worldwide jurisdiction and apply its own law to the core issues of the case. Universalism is unworkable because it would require that countries permit foreign law and courts to govern wholly domestic relationships and because the of "home countries" of multinational companies are so ephemeral …