International Law Commons^™

Just Outcomes, Overreaching Rationales: How International Criminal Law's Achievements Augur Flawed Responses To Political Violence, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Secessions, Coups, And The International Rule Of Law: Assessing The Decline Of The Effective Control Doctrine, Brad R. Roth

Law Faculty Research Publications

Attempted secessions (for example, Kosovo and Somaliland) and coups d'état (for example, Madagascar and Honduras in 2009) prompt contestation over whether or not legal status is to be conferred on local exercises of de facto authority. International legal standing has traditionally been established by victory in a trial by ordeal: a region initially integral to an existing state successfully establishes itself as an independent sovereign unit only where its secession movement creates - usually by decisive victory in an armed struggle -facts on the ground that appear irreversible; an insurgent faction successfully establishes itself as a government where it overthrows …

Intolerant Democracies, Gregory H. Fox, Georg Nolte

Law Faculty Research Publications

International law is increasingly concerned with national transitions to democratic government. The holding of free and fair elections alone, however, provides no guarantee that a democratic system will become firmly established and capable of resisting challenges by anti-democratic actors. The question thus arises of how intolerant a democracy may become toward such actors in order to preserve itself without relinquishing the claim of being democratic. This problem has arisen on a number of occasions, perhaps the most dramatically upon the cancellation of the second round of the Algerian elections in early 1992.

This Article explores the legal issues raised by …