Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Admissibility (1)
- Bilateral investment treaties (1)
- Case length (1)
- Complementarity (1)
- Foreign investors (1)
-
- Human rights law (1)
- ICC (1)
- International Center for the Settlement of Investment Disputes (ICSID) (1)
- International Criminal Court (1)
- International arbitration (1)
- International criminal law (1)
- International law and procedure (1)
- Lord's Resistance Army (LRA) (1)
- Margin of appreciation (1)
- Pace (1)
- Protection of investor rights (1)
- Public law regulatory activities of states (1)
- Standards of review (1)
- State self-referral (1)
- Transitional justice (1)
- Uganda (1)
Articles 1 - 3 of 3
Full-Text Articles in International Relations
Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden
Private Litigation In A Public Law Sphere:The Standard Of Review In Investor-State Arbitrations, William W. Burke-White, Andreas Von Staden
All Faculty Scholarship
International arbitration and, particularly, investor-state arbitration is rapidly shifting to include disputes of a public law nature. Yet, arbitral tribunals continue to apply standards of review derived from the private law origins of international arbitration, have not recognized the new public law context of these disputes, and have failed to develop a coherent jurisprudence with regard to the applicable standard for reviewing a state's public regulatory activities. This problematic approach is evidenced by a recent series of cases brought by foreign investors against Argentina challenging the economic recovery program launched after a massive financial collapse and has called into question …
The Pace Of International Criminal Justice, Jean Galbraith
The Pace Of International Criminal Justice, Jean Galbraith
All Faculty Scholarship
This article examines how long international criminal cases take in practice. It considers the cases of all 305 individuals charged at six international and hybrid criminal tribunals (as of shortly before this article's publication). Contrary to the conventional wisdom, on average today’s international criminal cases do not take much longer than comparably complex domestic criminal cases, once the defendants are in custody. Nonetheless, international criminal cases may take too long to achieve the goal of helping to reconcile the affected communities – particularly where a community has abruptly transitioned from an abusive old regime to an entirely new one. Where …
Shaping The Contours Of Domestic Justice: The International Criminal Court And An Admissibility Challenge In The Uganda Situation, William W. Burke-White, Scott Kaplan
Shaping The Contours Of Domestic Justice: The International Criminal Court And An Admissibility Challenge In The Uganda Situation, William W. Burke-White, Scott Kaplan
All Faculty Scholarship
In December 2003, the Government of Uganda referred the situation in conflict-torn northern Uganda to the nascent International Criminal Court. It was the first referral by a State Party under Article 14 of the Rome Statute of ICC and led to the indictment of five leaders of the Lord’s Resistance Army (LRA). Four years later, Uganda found itself in the midst of promising peace negotiations with the LRA. A major obstacle to a final agreement was the refusal of the indicted leaders to face ICC justice. Seeking to peacefully resolve the conflict, the Government signed a preliminary agreement in which …