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Transnational Law Commons

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Full-Text Articles in Transnational Law

The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root Aug 2015

The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root

Winston P Nagan

The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …


The Life And Times Of Targeted Killing, Markus Gunneflo Dec 2013

The Life And Times Of Targeted Killing, Markus Gunneflo

Markus Gunneflo

Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …


Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller Dec 2009

Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller

Russell A. Miller

No abstract provided.


Conceptualizing Complicity In Alien Tort Cases, Chimene I. Keitner Dec 2007

Conceptualizing Complicity In Alien Tort Cases, Chimene I. Keitner

Chimene I Keitner

No abstract provided.


Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies Dec 2005

Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.