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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 ...


Prosecuting Generals For War Crimes: The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark Summers 2014 SelectedWorks

Prosecuting Generals For War Crimes: The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark Summers

Mark Summers

ABSTRACT

In the space of less than one year, two Appeal Chambers of the International Criminal Court for the Former Yugoslavia (ICTY) clashed over the correct definition of aiding and abetting in international criminal law. Both cases involved Serbian generals whose roles were primarily logistical. One supplied the Bosnian Serb Army with personnel, weapons and supplies during the siege of Sarajevo and the genocide at Srebrenica. The other performed a similar function for the Serb forces fighting in Kosovo in 1999.

Until the decision in Prosecutor v. Perišić[1] in February 2013, it seemed to be settled law that aiding ...


Access For Access: Ensuring Access To Federal Courts For Parents Seeking To Exercise Rights Of Access Under The Hague Convention On The Civil Aspects Of International Child Abduction, Katherine L. Olson 2014 The Catholic University of America, Columbus School of Law

Access For Access: Ensuring Access To Federal Courts For Parents Seeking To Exercise Rights Of Access Under The Hague Convention On The Civil Aspects Of International Child Abduction, Katherine L. Olson

Catholic University Law Review

Each year, thousands of children are abducted across international borders, often by one of their parents. The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) and its implementing legislation, the International Child Abduction Remedies Act (ICARA), provide recourse to the non-abducting parent. However, recent cases in the U.S. Courts of Appeal for the Fourth and Second Circuits have created a circuit split on the issue of whether rights of access, in contrast to rights of custody, convey a private right of action in U.S. federal courts under the Hague Convention. This Comment examines this ...


Contesting The Model-Based Model: The Brazilian Approach To Its South-South Relations, Michelle R. Sanchez-Badin Mrs., Fabio Morosini Mr. 2014 SelectedWorks

Contesting The Model-Based Model: The Brazilian Approach To Its South-South Relations, Michelle R. Sanchez-Badin Mrs., Fabio Morosini Mr.

Michelle R Sanchez-Badin Mrs.

No abstract provided.


Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger 2014 Loyola University Chicago

Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger

Allen E Shoenberger

The Decisions of the European Court of Human Rights Cyprus v. Turkey, both the merits decision in 2001 and the just satisfaction decision in 2014 establish important precedents in international law and stand as a caution to potential aggressor states.


The Obsolescence Of Customary International Law, Joel P. Trachtman 2014 SelectedWorks

The Obsolescence Of Customary International Law, Joel P. Trachtman

Joel P Trachtman

At a time when the world needs more, and more complex, international legal rules and institutions to address major cooperation problems, customary international law (“CIL”) has several important limitations: (i) it cannot be made in a coordinated manner in advance of events, (ii) it cannot be made with sufficient detail, (iii) it cannot be made with sufficiently heterogeneous reciprocity between states, (iv) it cannot be made with specifically-designed organizational support, (v) it is generally not subject to national parliamentary control, (vi) it purports to bind states that did not consent but failed to object to its formation, and (vii) it ...


Protecting Vulnerable Environments In International Humanitarian Law, Michaela Halpern 2014 SelectedWorks

Protecting Vulnerable Environments In International Humanitarian Law, Michaela Halpern

Michaela Halpern

One of the fundamental principles of International Humanitarian Law, if not the fundamental principle, is the need to distinguish combatants from civilians and civilian objects in the course of belligerency. One of the most important civilian objects is the environment in which civilians live. However the importance of the environment has not been a focus of International Humanitarian Law until recent years. Rules of International Humanitarian Law now account for environmental matters generally but are not adequate to deal with particular "vulnerable" environments, such as the Arctic and the Amazon. Changes in these environments have the potential for world-wide repercussions ...


International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney 2014 University of Georgia School of Law

International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney

Georgia Journal of International & Comparative Law

No abstract provided.


Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker 2014 University of Georgia School of Law

Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker

Georgia Journal of International & Comparative Law

No abstract provided.


Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross 2014 University of Georgia School of Law

Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross

Georgia Journal of International & Comparative Law

No abstract provided.


Prisoners Of War: Nazi-Era Looted Art And The Need For Reform In The United States, Jessica Schubert 2014 Touro College Jacob D. Fuchsberg Law Center

Prisoners Of War: Nazi-Era Looted Art And The Need For Reform In The United States, Jessica Schubert

Touro Law Review

No abstract provided.


Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir 2014 Syracuse University

Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir

Isaac Kfir

The contemporary international refugee system was product of a desire to provide protection and assistance to those who have a well-founded fear of persecution, a somewhat sophistic term in the twenty-first century, which may explain why the system has become cumbersome, incoherent and divisive. One explanation for the tension within the refugee regime is that states—mainly western states—seek to reduce refugee applications while adhering and upholding their international obligations. Another explanation is that it is tensions between two legal traditions—natural law and legal positivism—that are shape the international refugee law that have led to the crisis ...


Book Review: Sources Of State Practice In International Law, Anne Burnett 2014 University of Georgia School of Law

Book Review: Sources Of State Practice In International Law, Anne Burnett

Georgia Journal of International & Comparative Law

No abstract provided.


The Laws Of War: An Examination Of The Legality Of Nato's Intervention In The Former Yugoslavia And The Role Of The European Court Of Human Rights In Redressing Claims For Civilian Casualties In War, Robert W. Stannard 2014 University of Georgia School of Law

The Laws Of War: An Examination Of The Legality Of Nato's Intervention In The Former Yugoslavia And The Role Of The European Court Of Human Rights In Redressing Claims For Civilian Casualties In War, Robert W. Stannard

Georgia Journal of International & Comparative Law

No abstract provided.


The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal 2014 University of Georgia School of Law

The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal

Georgia Journal of International & Comparative Law

No abstract provided.


Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace 2014 University of Georgia School of Law

Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace

Georgia Journal of International & Comparative Law

No abstract provided.


Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard 2014 University of Georgia School of Law

Remaking The Pen Mightier Than The Sword: An Evaluation Of The Growing Need For The International Protection Of Journalists, Dylan Howard

Georgia Journal of International & Comparative Law

No abstract provided.


World Trade Organization Adjudication Of The European Union-United States Dispute Over The Moratorium On The Introduction Of New Genetically Modified Foods To The European Common Market: A Hypothetical Opinion Of The Dispute Panel, Charles W. Smitherman III 2014 University of Georgia School of Law

World Trade Organization Adjudication Of The European Union-United States Dispute Over The Moratorium On The Introduction Of New Genetically Modified Foods To The European Common Market: A Hypothetical Opinion Of The Dispute Panel, Charles W. Smitherman Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione 2014 University of Georgia School of Law

Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione

Georgia Journal of International & Comparative Law

No abstract provided.


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