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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 ...


Women, Pmscs And International Law, Ana Filipa Vrdoljak 2015 SelectedWorks

Women, Pmscs And International Law, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

It is deeply ironic that as the implementation and enforcement of international humanitarian law and human rights law has been strengthened, in the last decades, through the establishment of individual complaint procedures, specialist tribunal and courts covering breaches of human rights law, international humanitarian law and international criminal law, there has been an erosion of these principles and protections through the privatisation of governmental and intergovernmental functions. Despite an exponential increase in the contracting out of these activities to PMSCs since 2001, the legal regulation of these companies and their personnel has been slow and fragmented.

The failure of the ...


Would The Implementation Of The Un Crpd Help The Disabilities Enjoy Fair Human Rights In The Us?, Ashley H. Song Ms. 2015 University of Pennsylvania

Would The Implementation Of The Un Crpd Help The Disabilities Enjoy Fair Human Rights In The Us?, Ashley H. Song Ms.

Hyein Ashley Song Ms.

Modern discrimination is implicit. The paper finds out the implicit discrimination which comes from the mindset. So called, the ‘cognitive discrimination’ excludes the explicit discrimination prohibited by the legal language of the anti-discrimination law in the US. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Article 12 states the fair recognition of disabilities. The paper tests if the UN CRPD can extend its meaning of fair recognition to reduce the hidden prejudice.


Reconciling International Obligations To Protect Health And Trademarks: A Defense Of Trademarks As Property, Sam Halabi 2015 University of Tulsa College of Law

Reconciling International Obligations To Protect Health And Trademarks: A Defense Of Trademarks As Property, Sam Halabi

Sam Halabi

This chapter explores the growing confrontation between international investment and trade rules and measures adopted by governments to protect their populations from deceptive or misleading trademarks. it argues that, in contrast to prevailing wisdom, that a property analogy for trademarks is beneficial for purposes of reconciling these bodies of law as the analogy between free speech and trademarks is likely to be far more constraining for public health measures.


Conditions Of Law, Mohamad Ali Ali Yousefkhani 2014 SelectedWorks

Conditions Of Law, Mohamad Ali Ali Yousefkhani

Mohamad Ali Ali Yousefkhani

No abstract provided.


Austria's Application For Membership In The European Community And Delors' Call For A New Ec-Efta Relationship, Susan Wilson 2014 University of Georgia School of Law

Austria's Application For Membership In The European Community And Delors' Call For A New Ec-Efta Relationship, Susan Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


Grand Anse Declaration: Can The Caribbean Community Realistically Integrate Intraregional Trade And Production Within The Confines Of The Caricom Treaty By 1993?, C. Ray Miskelley 2014 University of Georgia School of Law

Grand Anse Declaration: Can The Caribbean Community Realistically Integrate Intraregional Trade And Production Within The Confines Of The Caricom Treaty By 1993?, C. Ray Miskelley

Georgia Journal of International & Comparative Law

No abstract provided.


Unlawful Discrimination In Employment--An Outline Of The European Community Rules And Case-Law, Julian Currall 2014 University of Georgia School of Law

Unlawful Discrimination In Employment--An Outline Of The European Community Rules And Case-Law, Julian Currall

Georgia Journal of International & Comparative Law

No abstract provided.


Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin 2014 SelectedWorks

Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin

Max Levin

Development experts would benefit from a better understanding of how policy is made in developing countries. In this article, I describe how health policy is made in Cote d’Ivoire, from the perspective of a Westerner embedded in the Ministry of Health for 10 months. I provide a narrative of how one health system reform—performance-based financing—moved from policy idea to enacted reform. I describe the origins of the reform in Cote d’Ivoire, how the government came to support the reform, and then the mechanics of how the reform was enacted. I then present observations on how policymaking ...


Criticism On Article 183 Of Iran., Mohamad Ali Ali Yousefkhani 2014 SelectedWorks

Criticism On Article 183 Of Iran., Mohamad Ali Ali Yousefkhani

Mohamad Ali Ali Yousefkhani

No abstract provided.


Extradition Treaties - International Law - The United States Supreme Court Approves Extraterritorial Abduction Of Foreign Criminals - United States V. Alvarez-Machain, 112 S. Ct. 2188 (1992), Michael R. Wing 2014 University of Georgia School of Law

Extradition Treaties - International Law - The United States Supreme Court Approves Extraterritorial Abduction Of Foreign Criminals - United States V. Alvarez-Machain, 112 S. Ct. 2188 (1992), Michael R. Wing

Georgia Journal of International & Comparative Law

No abstract provided.


Nimby: Not In Mexico's Back Yard? A Case For Recognition Of A Human Right To Healthy Enviroment In The American States, Scott D. Cahalan 2014 University of Georgia School of Law

Nimby: Not In Mexico's Back Yard? A Case For Recognition Of A Human Right To Healthy Enviroment In The American States, Scott D. Cahalan

Georgia Journal of International & Comparative Law

No abstract provided.


The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke 2014 University of Georgia School of Law

The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter 2014 University of Georgia School of Law

Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter

Georgia Journal of International & Comparative Law

No abstract provided.


The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh 2014 University of Georgia School of Law

The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh

Georgia Journal of International & Comparative Law

No abstract provided.


China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack 2014 University of Georgia School of Law

China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack

Georgia Journal of International & Comparative Law

No abstract provided.


The Cross-Fertilization Of Human Rights Norms And Indigenous Peoples In Africa: From Endorois And Beyond, Derek M K Inman 2014 Western University

The Cross-Fertilization Of Human Rights Norms And Indigenous Peoples In Africa: From Endorois And Beyond, Derek M K Inman

The International Indigenous Policy Journal

Beginning in the 20th century, international law expanded beyond law between nations to eventually embrace the concept of human rights. However, until recently, human rights efforts were focused mostly on individuals, their rights and the obligations of the state in question. Indigenous peoples, on the other hand, have always articulated their collective rights and, to their credit, achieved notable success.

While there is no doubt that these achievements should be applauded, what is also of interest, and deserves further study, are the ways in which human rights jurisprudence concerning Indigenous peoples’ collective rights intermingle, cross-fertilize, and integrate. This dynamic relationship ...


Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia, John Webb 2014 University of Georgia School of Law

Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia, John Webb

Georgia Journal of International & Comparative Law

No abstract provided.


Bosnia-Herzegovina--Vance-Owen Agenda For A Peaceful Settlement: Did The U.N. Do Too Little, Too Late, To Support This Endeavor?, Amy L. King 2014 University of Georgia School of Law

Bosnia-Herzegovina--Vance-Owen Agenda For A Peaceful Settlement: Did The U.N. Do Too Little, Too Late, To Support This Endeavor?, Amy L. King

Georgia Journal of International & Comparative Law

No abstract provided.


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