Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International law (4)
- Human rights (2)
- United Nations (2)
- Bosnia v. Serbia (1)
- Case venue (1)
-
- Collective self-defense (1)
- Deficits (1)
- Disability (1)
- Equality of arms (1)
- Eurofood (1)
- European Court of Justice (1)
- European Union (1)
- Global South (1)
- International Law (1)
- International insolvency (1)
- Iran (1)
- Migrant workers (1)
- NGOs (1)
- Necessity and proportionality (1)
- Nicaragua Case (1)
- Non-governmental organizations (1)
- Norms (1)
- Nuclear Non-Proliferation Treaty (1)
- Nuclear weapons (1)
- Oil Platforms (1)
- Self-defense (1)
- Social Security Treaties (1)
- Standard setting (1)
- State responsibility (1)
- Treaties (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua
Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua
Journal Articles
This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy …
Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel Bufford
Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel Bufford
Journal Articles
This Article examines the Eurofood-E.C.J. decision and evaluates its impact on the decisions of the Irish and the Italian courts to open main insolvency cases for Eurofood. This Article also addresses the broader international insolvency law issues that the E.C.J. decision left open. Part II of this Article provides background information on the format and binding effect of a decision of the E.C.J. Part III explores the background of Parmalat and Eurofood and describes the Eurofood cases in the Irish and Italian courts prior to the E.C.J. decision. Part IV examines the E.C.J. decision, its rationale, and its application to …
The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell, Maria Alevras-Chenl
The Ban On The Bomb – And Bombing: Iran, The U.S., And The International Law Of Self-Defense, Mary Ellen O'Connell, Maria Alevras-Chenl
Journal Articles
Since the March 2003, U.S.-led invasion of Iraq, rumors have persisted of a United States plan to attack Iran. Some U.S. officials are apparently willing to contemplate the use of military force to prevent Iran from developing nuclear weapons. Under international law, however, there is no right without Security Council authorization to use significant military force on the territory of another state to stop nuclear research. Knowing this, alternative arguments are being floated by those sympathetic to the plan to attack Iran. One such argument asserts that the U.S. could attack Iran on the basis of collective self-defense with Iraq …
Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell
Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell
Journal Articles
The history of international law is, in large part, about the development of restraints on states' right to resort to force in dealing with external conflicts. Today, states may use force only in self-defense to an armed attack or with Security Council authorization. Even in these cases, states may use force only as a last resort, and then only if doing so will not disproportionately harm civilians, their property, or the natural environment. These rules restricting force are found in treaties (especially the United Nations Charter), customary international law, and the general principles of international law. In other words, the …
The U.N. Disability Convention: Historic Process, Strong Prospects And Why The U.S. Should Ratify, Tara J. Melish
The U.N. Disability Convention: Historic Process, Strong Prospects And Why The U.S. Should Ratify, Tara J. Melish
Journal Articles
On December 13, 2006, the United Nations General Assembly unanimously adopted the Convention on the Rights of Persons with Disabilities. The Convention is historic and path-breaking on several levels, both in protection terms for the world's 650 million persons with disabilities who may now draw upon its provisions in defense of their internationally-protected rights, and in relation to the unprecedented level of civil society input and engagement in the negotiation process. This sustained and constructive engagement has given rise to a dynamic process of dialogue, cooperation, and mutual trust that will fuel monitoring and implementation work, at national and international …
Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara Fick, Alma Clara Garcia Flechas
Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara Fick, Alma Clara Garcia Flechas
Journal Articles
Migrant workers face special problems in terms of qualifying for, and receiving payment under, national social security systems. In an effort to mitigate these problems, many states coordinate their social security systems. This paper explores how coordination schemes work in regional mechanisms such as the European Union, in international conventions adopted by the International Labour Organisation, and in multi-lateral treaties such as the Andean Social Security Instrument.