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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 ...


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.


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.


Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi 2015 University of Tulsa College of Law

Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi

Sam Halabi

Vaccines are the most important line of defense to protect public health and the spread of disease during influenza pandemics. Yet the 2009 experience with pandemic H1N1 influenza showed that manufacturers, wealthy and poor governments were completely unprepared for the demands that global demand for vaccine production and distribution might impose. This chapter analyzes the failures of the system in 2009-10 with the aim of facilitating greater preparedness for future influenza pandemics.


Human Rights In The World Community: Issues And Action. Eds. Richard Pierre Claude And Burns H. Weston. Philadelphia, Pennsylvania: University Of Pennsylvania Press, 1989. Pp. 376., Ranee K. L. Panjabi 2014 University of Georgia School of Law

Human Rights In The World Community: Issues And Action. Eds. Richard Pierre Claude And Burns H. Weston. Philadelphia, Pennsylvania: University Of Pennsylvania Press, 1989. Pp. 376., Ranee K. L. Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.


Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher 2014 University of Georgia School of Law

Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher

Georgia Journal of International & Comparative Law

No abstract provided.


European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa 2014 University of Georgia School of Law

European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa

Georgia Journal of International & Comparative Law

No abstract provided.


Keynote Address: Proposals For The Future, Louis B. Sohn 2014 University of Georgia School of Law

Keynote Address: Proposals For The Future, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Iii--General Discussion, Georgia Journal of International and Comparative Law 2014 University of Georgia School of Law

Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


The Inter-American System For The Promotion And Protection Of Human Rights, David J. Padilla 2014 University of Georgia School of Law

The Inter-American System For The Promotion And Protection Of Human Rights, David J. Padilla

Georgia Journal of International & Comparative Law

No abstract provided.


The European System For The Promotion And Protection Of Human Rights, Neri Sybesma-Knol 2014 University of Georgia School of Law

The European System For The Promotion And Protection Of Human Rights, Neri Sybesma-Knol

Georgia Journal of International & Comparative Law

No abstract provided.


The United Nations System For The Protection Of Human Rights, Larry Johnson 2014 University of Georgia School of Law

The United Nations System For The Protection Of Human Rights, Larry Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner 2014 University of Georgia School of Law

Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Ii--General Discussion, Georgia Journal of International and Comparative Law 2014 University of Georgia School of Law

Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart 2014 University of Georgia School of Law

The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart

Georgia Journal of International & Comparative Law

No abstract provided.


The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan 2014 University of Georgia School of Law

The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan

Georgia Journal of International & Comparative Law

No abstract provided.


The Potential For The United States Joining The Covenant Family, Alfred de Zayas 2014 University of Georgia School of Law

The Potential For The United States Joining The Covenant Family, Alfred De Zayas

Georgia Journal of International & Comparative Law

No abstract provided.


Panel I-- General Discussion, Georgia Journal of International and Comparative Law 2014 University of Georgia School of Law

Panel I-- General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


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