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Full-Text Articles in Rule of Law
An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh
An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh
Michigan Journal of International Law
This Article provides a comparative analysis of the status of the Republic of China on Taiwan in foreign and international settings. Most existing literature written from the traditional public international law perspective focuses on Taiwan's separate statehood from China. This Article addresses an important pragmatic issue that international courts and courts in foreign countries frequently face: whether Taiwan is a "foreign State" for particular salutatory purposes in judicial proceedings. Part I of this Article provides an overview of China-Taiwan relations and the status of Taiwan under international law. I argue that the ROC on Taiwan has been a sovereign State …
Multiple International Judicial Forums: A Reflection Of The Growing Strength Of International Law Or Its Fragmentation?, Pemmaraju Sreenivasa Rao
Multiple International Judicial Forums: A Reflection Of The Growing Strength Of International Law Or Its Fragmentation?, Pemmaraju Sreenivasa Rao
Michigan Journal of International Law
The main thrust of this presentation is to suggest that the creation of multiple international judicial tribunals is a function of the ever-expanding nature of international law and that the creation of such tribunals is a sign of the growing maturity of international law. While it is admitted that these tribunals have to be sensitive to the needs of promoting the unity and integrity of international law, a brief look at the available evidence of their functioning so far has revealed no cause for concern of fragmentation. The author will look specifically at the working of the International Tribunal for …
Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak
Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak
Michigan Journal of International Law
This Note seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized "right to an effective remedy," but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the …
The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain
The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain
Michigan Journal of International Law
The following study considers the role that should be assumed by a presiding judge to ensure full respect for the rule of law internationally. The foundation for this study lies in an examination of the dispute settlement provisions of the Law of the Sea Convention as well as its mechanism for the settlement of disputes-the International Tribunal for the Law of the Sea. The Tribunal was called upon to deliver judgment in the MIV Saiga case. The judgment, along with the primary dissenting opinion, are considered, compared, and analyzed in order to demonstrate the extent to which the judgment is, …