Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in International Trade Law
Expanding The Role Of The International Court Of Justice To Resolve Interethnic Conflict And Protect Minority Rights, Paul J. Magnarella
Expanding The Role Of The International Court Of Justice To Resolve Interethnic Conflict And Protect Minority Rights, Paul J. Magnarella
Florida State University Journal of Transnational Law & Policy
Despite the prevalence of interethnic conflict and its threat to world order, the global constitutive process offers no universal mechanism, such as an international tribunal, to adjudicate the claims advanced by non-state, ethnic minorities. This author advocates establishing such a mechanism. During our present century, the power of politicized ethnicity in international and intra-state affairs repeatedly manifests itself around the globe in countries old and new. Ethnopolitical movements involve the mobilization of people on the bases of cultural characteristics, such as language, tradition, religion, homeland, and selected physical traits. Ethnopolitics significantly affects the world order. In 1973, Walter Connor wrote: …
Avoiding A Collision Of Competence: The Relationship Between The Security Council And The International Court Of Justice In Light Of Libya V. United States, Scott I. Bortz
Florida State University Journal of Transnational Law & Policy
Reaction in the wake of a horrible tragedy has clarified the political hierarchy of the United Nations and helped avoid a collision of competence between the Security Council and the International Court of Justice (Court). The destruction of Pan Am Flight 103 over Lockerbie, Scotland, in December 1988, ultimately called the applicability of an international agreement into question, exacerbated an already volatile political relationship between the United States and Libya, and led to case wherein the Court was able to clarify its relationship with the Security Council. In Libya v. United States, (Lockerbie) a case that "may be the most …