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10,938 full-text articles. Page 1 of 165.

The Principles Of International Law: Interpretivism And Its Judicial Consequences, Gianluigi Palombella 2015 SelectedWorks

The Principles Of International Law: Interpretivism And Its Judicial Consequences, Gianluigi Palombella

Gianluigi Palombella

Principles are part of international law as much as of other legal orders. Nonetheless, beyond principles referred to the functioning of IL, or the sector related discipline in discrete fields, those fundamental principles identifying the raison d’etre, purpose and value of the legal international order, as a whole, remain much disputed, to say the least. In addressing such a problem, one that deeply affects interpretation and legal adjudication, this article acknowledges the limits and weakness of legal positivism in making sense of the inter- and supra-national legal order(s). It appraises also the novel from the late Ronald Dworkin ...


Inciting Genocide With Words, Richard Ashby Wilson 2015 SelectedWorks

Inciting Genocide With Words, Richard Ashby Wilson

Richard Ashby Wilson

This article calls for a rethinking of the causation element in the prevailing international criminal law on direct and public incitement to commit genocide. After the conviction of Nazi propagandist Julius Streicher at Nuremberg for crimes against humanity, the crime of direct and public incitement to commit genocide was established in the UN Convention on the Prevention and Punishment of Genocide in 1948. The first (and thus far, only) convictions for the crime came fifty years later at the International Criminal Tribunal for Rwanda (ICTR). The ICTR’s incitement jurisprudence is widely recognized as problematic, but no legal commentator has ...


The Unconvincing Case Against Private Prisons, Malcolm M. Feeley 2014 Maurer School of Law: Indiana University

The Unconvincing Case Against Private Prisons, Malcolm M. Feeley

Indiana Law Journal

In 2009, the Israeli High Court of Justice held that private prisons are unconstitutional. This was more than a domestic constitutional issue. The court anchored its decision in a carefully reasoned opinion arguing that the state has a monopoly on the administration of punishment, and thus private prisons violate basic principles of modern democratic governance. This position was immediately elaborated upon by a number of leading legal philosophers, and the expanded argument has reverberated among legal philosophers, global constitutionalists, and public officials around the world. Private prisons are a global phenomenon, and this argument now stands as the definitive principled ...


Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds 2014 SelectedWorks

Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds

Jesse Reynolds

As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is ...


Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett 2014 Maurer School of Law: Indiana University

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.


Evaluating Eu Sanctions Against Iran. Are The Eu Sanctions Indeed Targeted?, Haleh Bagheri 2014 SelectedWorks

Evaluating Eu Sanctions Against Iran. Are The Eu Sanctions Indeed Targeted?, Haleh Bagheri

Haleh Bagheri

Sanctions comprise one of the main tools for countries to achieve their foreign policy goal when they encounter international crises such as violation of human rights or threaten world peace. However, the humanitarian disaster of the comprehensive sanctions that the United Nations Security Council imposed on Iraq in 1990 was the tipping point for re-considering comprehensive sanctions scheme and a shift from comprehensive to targeted sanctions. Targeted sanctions designed to diminish the hardship for civilian caused by comprehensive sanction. However, despite the fact that targeted sanctions are aimed at affecting the target while sparing civilian pain, the significant negative humanitarian ...


Evaluating Eu Sanctions Against Iran. Are The Eu Sanctions Indeed Targeted?, Haleh Bagheri 2014 SelectedWorks

Evaluating Eu Sanctions Against Iran. Are The Eu Sanctions Indeed Targeted?, Haleh Bagheri

Haleh Bagheri

Sanctions comprise one of the main tools for countries to achieve their foreign policy goal when they encounter international crises such as violation of human rights or threaten world peace. However, the humanitarian disaster of the comprehensive sanctions that the United Nations Security Council imposed on Iraq in 1990 was the tipping point for re-considering comprehensive sanctions scheme and a shift from comprehensive to targeted sanctions. Targeted sanctions designed to diminish the hardship for civilian caused by comprehensive sanction. However, despite the fact that targeted sanctions are aimed at affecting the target while sparing civilian pain, the significant negative humanitarian ...


Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel 2014 University of Georgia School of Law

Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn 2014 University of Georgia School of Law

Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn

Georgia Journal of International & Comparative Law

No abstract provided.


Checks And Ballots: Union Recognition In The United States, Canada, And The United Kingdom In Light Of The Employee Free Choice Act, Liegia S. DiFazio 2014 University of Georgia School of Law

Checks And Ballots: Union Recognition In The United States, Canada, And The United Kingdom In Light Of The Employee Free Choice Act, Liegia S. Difazio

Georgia Journal of International & Comparative Law

No abstract provided.


The Naalc And Mexico's Ley Federal Para Prevenir Y Eliminar La Discriminacion: Further Failure Under A Flawed Treaty Or The Beginning Of Meaningful Protection From Employment Discrimination Throughout North America?, Philip DeHart 2014 University of Georgia School of Law

The Naalc And Mexico's Ley Federal Para Prevenir Y Eliminar La Discriminacion: Further Failure Under A Flawed Treaty Or The Beginning Of Meaningful Protection From Employment Discrimination Throughout North America?, Philip Dehart

Georgia Journal of International & Comparative Law

No abstract provided.


The Just War Doctrine And State Liability For Paramilitary War Crimes, Alexander C. Linn 2014 University of Georgia School of Law

The Just War Doctrine And State Liability For Paramilitary War Crimes, Alexander C. Linn

Georgia Journal of International & Comparative Law

No abstract provided.


Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman 2014 University of Georgia School of Law

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman

Georgia Journal of International & Comparative Law

No abstract provided.


Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright 2014 University of Georgia School of Law

Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright

Georgia Journal of International & Comparative Law

No abstract provided.


Mending Broken Promises: Analyzing The Legality Of U.S. Withdrawal Of United Nations Population Fund Appropriations And The Need For Binding Un Commitments, Kristi Uhrinek 2014 University of Georgia School of Law

Mending Broken Promises: Analyzing The Legality Of U.S. Withdrawal Of United Nations Population Fund Appropriations And The Need For Binding Un Commitments, Kristi Uhrinek

Georgia Journal of International & Comparative Law

No abstract provided.


Creditor Participation In The Hipc Debt Relief Initiatives: The Case Of Guyana, Magnus Saxegaard 2014 University of Georgia School of Law

Creditor Participation In The Hipc Debt Relief Initiatives: The Case Of Guyana, Magnus Saxegaard

Georgia Journal of International & Comparative Law

No abstract provided.


Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan 2014 University of Georgia School of Law

Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan

Georgia Journal of International & Comparative Law

No abstract provided.


Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh 2014 University of Georgia School of Law

Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan 2014 University of Georgia School of Law

Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan

Georgia Journal of International & Comparative Law

No abstract provided.


Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware III 2014 University of Georgia School of Law

Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii

Georgia Journal of International & Comparative Law

No abstract provided.


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