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2014

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Articles 1 - 30 of 56

Full-Text Articles in International Law

American And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau Dec 2014

American And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau

Georgia Journal of International & Comparative Law

No abstract provided.


Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin Dec 2014

Meta-Theory Of International Criminal Procedure: Vindicating The Rule Of Law, Jens David Ohlin

Jens David Ohlin

International criminal procedure is in a second phase of development, moving beyond the common law/civil law dichotomy and searching for its sui generis theory. The standard line is that international criminal procedure has an instrumental value: it services the general goals of international criminal justice and allows punishment for violations of substantive international criminal law. However, international criminal procedure also has an important and often overlooked intrinsic value not reducible to its instrumental value: it vindicates the Rule of Law. This vindication is performed by adjudicating allegations of criminal violations that occurred during periods of anarchy characterized by the absence …


Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr. Dec 2014

Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn Dec 2014

Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake Nov 2014

A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake

Pace International Law Review

Using the pure adversarial model expounded in part I (a) as the baseline for analysis, Parts II, III and IV of this article will explore the procedural evolution that has taken place at the International Criminal Tribunal for the Former Yugoslavia (II), the International Criminal Court (III) and the Extraordinary Chambers in the Courts of Cambodia (IV). Part V will then plot the structural and procedural shifts that have taken place at those courts onto the spectrum of procedure identified in part I (c), before concluding, in Part VI, with what these shifts teach us about the convergence of adversarial …


Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener Nov 2014

Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener

Pace International Law Review

This article examines the application of the defense of duress by international criminal tribunals through analyzing opposing theoretical approaches to justifications and excuses. The purpose of this examination is twofold. First, the article offers a framework for duress’s application by examining scholarly approaches to duress and by analyzing the application of the defense by international tribunals. This analysis includes the tribunals constituted following the Second World War and International Criminal Tribunal for the Former Yugoslavia (ICTY). Second, the article provides insight into the underlying rationales that guide judges at the international tribunals in the last decade through the judges’ application …


Extradition Treaties - International Law - The United States Supreme Court Approves Extraterritorial Abduction Of Foreign Criminals - United States V. Alvarez-Machain, 112 S. Ct. 2188 (1992), Michael R. Wing Nov 2014

Extradition Treaties - International Law - The United States Supreme Court Approves Extraterritorial Abduction Of Foreign Criminals - United States V. Alvarez-Machain, 112 S. Ct. 2188 (1992), Michael R. Wing

Georgia Journal of International & Comparative Law

No abstract provided.


Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia, John Webb Nov 2014

Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia, John Webb

Georgia Journal of International & Comparative Law

No abstract provided.


An International Crimes Court: Further Tales Of The King Of Corinth, Jose A. Baez Nov 2014

An International Crimes Court: Further Tales Of The King Of Corinth, Jose A. Baez

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Sovereign Immunity Act - Commercial Activity Exception - United States May Exercise Jurisdiction Over A Foreign Sovereign Who Has Issued Promissory Notes To A U.S. Corporation. Shapiro V. Republic Of Bolivia, 930 F.2d 1013 (2d Cir. 1991)., Gregory Jay Nov 2014

Foreign Sovereign Immunity Act - Commercial Activity Exception - United States May Exercise Jurisdiction Over A Foreign Sovereign Who Has Issued Promissory Notes To A U.S. Corporation. Shapiro V. Republic Of Bolivia, 930 F.2d 1013 (2d Cir. 1991)., Gregory Jay

Georgia Journal of International & Comparative Law

No abstract provided.


Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan Nov 2014

Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan

Georgia Journal of International & Comparative Law

No abstract provided.


A Desired Birth: The Court Of First Instance Of The European Communities, Georges Vandersanden Nov 2014

A Desired Birth: The Court Of First Instance Of The European Communities, Georges Vandersanden

Georgia Journal of International & Comparative Law

No abstract provided.


The I.C.J.'S Decision In The Lockerbie Cases, Gerald P. Mcginley Oct 2014

The I.C.J.'S Decision In The Lockerbie Cases, Gerald P. Mcginley

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights - Haitian Refugees - Haitian Refugees Housed At Guantanamo Bay Naval Base Held To Have No Valid Constitutional Or International Law Claims To Challenge Forced Repatriation By The U.S. Government. Haitian Refugee Center V. Baker, 953 F.2d 1498 (11th Cir. 1992), Cert. Denied, 112 S.Ct. 1245 (1992)., Jason A. Golden Oct 2014

Human Rights - Haitian Refugees - Haitian Refugees Housed At Guantanamo Bay Naval Base Held To Have No Valid Constitutional Or International Law Claims To Challenge Forced Repatriation By The U.S. Government. Haitian Refugee Center V. Baker, 953 F.2d 1498 (11th Cir. 1992), Cert. Denied, 112 S.Ct. 1245 (1992)., Jason A. Golden

Georgia Journal of International & Comparative Law

No abstract provided.


The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson Oct 2014

The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On Regional Human Rights Law, Gabriel M. Wilner Oct 2014

Reflections On Regional Human Rights Law, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum Oct 2014

The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum

Georgia Journal of International & Comparative Law

No abstract provided.


Customary International Human Rights Law In Domestic Court Decisions, Gordon A. Christenson Oct 2014

Customary International Human Rights Law In Domestic Court Decisions, Gordon A. Christenson

Georgia Journal of International & Comparative Law

No abstract provided.


The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman Oct 2014

The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman

Georgia Journal of International & Comparative Law

No abstract provided.


International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney Oct 2014

International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney

Georgia Journal of International & Comparative Law

No abstract provided.


Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker Oct 2014

Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross Oct 2014

Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross

Georgia Journal of International & Comparative Law

No abstract provided.


The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal Oct 2014

The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal

Georgia Journal of International & Comparative Law

No abstract provided.


Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard Oct 2014

Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard

Georgia Journal of International & Comparative Law

No abstract provided.


The Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons, Stefaan Smis, Kim Van Der Borght Oct 2014

The Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons, Stefaan Smis, Kim Van Der Borght

Georgia Journal of International & Comparative Law

No abstract provided.


The Opinion Of The Court Of Justice Regarding Accession To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: Redirecting The Development Of Fundamental Rights Within The European Union, Alysa J. Ward Oct 2014

The Opinion Of The Court Of Justice Regarding Accession To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: Redirecting The Development Of Fundamental Rights Within The European Union, Alysa J. Ward

Georgia Journal of International & Comparative Law

No abstract provided.


International Norms In Constitutional Law, Michael Wells Sep 2014

International Norms In Constitutional Law, Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.


The Use Of International Sources In Constitutional Opinion, Daniel Bodansky Sep 2014

The Use Of International Sources In Constitutional Opinion, Daniel Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.


A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis Sep 2014

A Cautionary Tale: Examining The Use Of Military Tribunals By The United States In The Aftermath Of The September 11 Attacks In Light Of Peru's History Of Human Rights Abuses Resulting From Similar Measures, Jim Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Equality And The European Union, Elizabeth F. Defeis Sep 2014

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.