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Articles 1 - 30 of 30
Full-Text Articles in Law
Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller
Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller
Scholarly Articles
The COVID-19 pandemic has caused incalculable harm around the world. The fact that this immense harm can be traced back to a localized outbreak in or near Wuhan, China, raises questions about the responsibility China might bear for the pandemic under public international law. Famously applied in the seminal Trail Smelter Arbitration (1938/1941), the Transboundary Harm Principle provides that no state can use or allow the use of its territory in a manner that causes significant harm in the territory of other states. This article does not intend to tap into the unseemly, xenophobic spirit that animates much of the …
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Washington and Lee Law Review
Mass atrocity prosecutions are credited with advancing a host of praiseworthy objectives. They are believed to impose much-needed retribution, deter future atrocities, and affirm the rule of law in previously lawless societies. However, mass atrocity prosecutions will accomplish none of these laudable ends unless they are able to find accurate facts. Convicting the appropriate individuals of the appropriate crimes is a necessary and foundational condition for the success of mass atrocity prosecutions. But it is a condition that is frequently difficult to meet, as mass atrocity prosecutions are often bedeviled by pervasive and invidious obstacles to accurate fact-finding. This Article …
Contextualizing Legitimacy, Kish Vinayagamoorthy
Contextualizing Legitimacy, Kish Vinayagamoorthy
Scholarly Articles
The article discusses the effects of jurisprudential values on the responsibility to prevent and the relationship between the State sovereignty and the responsibility of the State to prevent its citizens from crime. It evaluates how international law can facilitate the implementation of the responsibility to prevent. It emphasizes that international lawyers and academics should consider the qualities that define law and distinguish legal norms and social norm from principles of society.
Recent Developments In Third-Party Funding, Victoria Shannon
Recent Developments In Third-Party Funding, Victoria Shannon
Scholarly Articles
This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte
Scholarly Articles
The article focuses on the international law regarding the inter-American human rights system. It informs about the implementation of compliance jurisprudence litigation by the Inter-American Court of Human Rights. It further states that the compliance has encouraged the representatives of the victims to make the litigation more meaningful so that they can get the fair judgment.
Accountability For System Criminality, Mark A. Drumbl
Accountability For System Criminality, Mark A. Drumbl
Scholarly Articles
Not available.
Balancing Security And Liberty In Germany, Russell A. Miller
Balancing Security And Liberty In Germany, Russell A. Miller
Scholarly Articles
Scholarly discourse over America’s national security policy frequently invites comparison with Germany’s policy. Interest in Germany’s national security jurisprudence arises because, like the United States, Germany is a constitutional democracy. Yet, in contrast to the United States, Germany’s historical encounters with violent authoritarian, anti-democratic, and terrorist movements have endowed it with a wealth of constitutional experience in balancing security and liberty. The first of these historical encounters – with National Socialism – provided the legacy against which Germany’s post-World War II constitutional order is fundamentally defined. The second encounter – with leftist domestic radicalism in the 1970s and 1980s – …
Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl
Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl
Scholarly Articles
None available.
"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda
"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reviewing Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Reviewing Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Scholarly Articles
Not available.
Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf
Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible?, Michael P. Scharf
Washington and Lee Law Review
This Article examines whether there should be exceptions to the international exclusionary rule for evidence obtained by torture, and if so, how those exceptions should be crafted to avoid abuse. Rather than explore the question in the hotly debated milieu of terrorist prosecutions, this Article analyzes and critiques three possible exceptions to the torture evidence exclusionary rule in the context of whether the newly established U.N. Cambodia Genocide Tribunal should admit evidence of the Khmer Rouge command structure that came from interrogation sessions at the infamous Tuol Sleng torture facility: (1) that the exclusionary rule should not apply to evidence …
Young, Illegal, And Unaccompanied: One Step Short Of Legal Protection, Raya Jarawan
Young, Illegal, And Unaccompanied: One Step Short Of Legal Protection, Raya Jarawan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller
Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller
Scholarly Articles
None available.
"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan
"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
(Reviewing Charif M. Bassiouni, Introduction To International Criminal Law (2003)), Mark A. Drumbl
(Reviewing Charif M. Bassiouni, Introduction To International Criminal Law (2003)), Mark A. Drumbl
Scholarly Articles
None available.
International And Transracial Adoptions: Toward A Global Critical Race Feminist Practice?, Bernie D. Jones
International And Transracial Adoptions: Toward A Global Critical Race Feminist Practice?, Bernie D. Jones
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Alien Tort Claims Act Under Attack: Introductory Remarks, Mark A. Drumbl
The Alien Tort Claims Act Under Attack: Introductory Remarks, Mark A. Drumbl
Scholarly Articles
None available.
Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis
Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Judging The 11 September Terrorist Attack, Mark A. Drumbl
Judging The 11 September Terrorist Attack, Mark A. Drumbl
Scholarly Articles
Not available.
Restitution As A Remedy In The U.S. Courts For Violations Of International Law, Frederic L. Kirgis
Restitution As A Remedy In The U.S. Courts For Violations Of International Law, Frederic L. Kirgis
Scholarly Articles
Not available.
Degrees Of Self-Determination In The United Nations Era, Frederic L. Kirgis
Degrees Of Self-Determination In The United Nations Era, Frederic L. Kirgis
Scholarly Articles
None available.
Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis
Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis
Scholarly Articles
None available.
Alien Tort Claims, Sovereign Immunity And International Law In U.S. Courts, Frederic L. Kirgis
Alien Tort Claims, Sovereign Immunity And International Law In U.S. Courts, Frederic L. Kirgis
Scholarly Articles
None available.
Understanding The Act Of State Doctrine's Effect, Frederic L. Kirgis
Understanding The Act Of State Doctrine's Effect, Frederic L. Kirgis
Scholarly Articles
None available.
The Comprehensive Anti-Apartheid Act: A Case Study In The Legality Of Economic Sanctions
The Comprehensive Anti-Apartheid Act: A Case Study In The Legality Of Economic Sanctions
Washington and Lee Law Review
No abstract provided.
Legality Of Economic Sanctions Underinternational Law: The Case Of Nicaragua, J. Curtis Henderson
Legality Of Economic Sanctions Underinternational Law: The Case Of Nicaragua, J. Curtis Henderson
Washington and Lee Law Review
No abstract provided.
The Impact Of Technological Changes On International Law, Louis B. Sohn
The Impact Of Technological Changes On International Law, Louis B. Sohn
Washington and Lee Law Review
No abstract provided.
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
Washington and Lee Law Review
No abstract provided.
Vietnam And International Law, Lawyers Committee On American Policy Towards Vietnam, Eliot D. Hawkins
Vietnam And International Law, Lawyers Committee On American Policy Towards Vietnam, Eliot D. Hawkins
Washington and Lee Law Review
No abstract provided.
World Order Based On Law, John J. Parker
World Order Based On Law, John J. Parker
Washington and Lee Law Review
No abstract provided.