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Full-Text Articles in Law

Case Note: The “Assigned Residence” Case: H.C. 7015/02 Ajuri Et Al. V. Idf Commander, Reuven Ziegler Dec 2002

Case Note: The “Assigned Residence” Case: H.C. 7015/02 Ajuri Et Al. V. Idf Commander, Reuven Ziegler

Dr. Reuven (Ruvi) Ziegler

The case discussed in this Note is surely one of the most important cases rendered by the Israeli High Court of Justice (hereinafter, HCJ) regarding judicial review of administrative acts performed by a Military Commander (hereinafter, MC) in areas subject to belligerent occupation based on a legal analysis of international humanitarian law (the Fourth Geneva Convention). The Court's ruling on the matter in question highlighted the fact that, while State Courts in other countries continue to refrain from putting measures undertaken by MCs of their respective armed forces under legal scrutiny, the HCJ sustains a longstanding tradition of such scrutiny; …


A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder Aug 2002

A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder May 2002

Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Getting To Yes With Terrorists, Marc John Randazza Jan 2002

Getting To Yes With Terrorists, Marc John Randazza

Marc John Randazza

No abstract provided.


International Environmental Law In The Courts Of The Netherlands, André Nollkaemper Jan 2002

International Environmental Law In The Courts Of The Netherlands, André Nollkaemper

André Nollkaemper

No abstract provided.


Three Conceptions Of The Integration Principle In International Environmental Law, André Nollkaemper Jan 2002

Three Conceptions Of The Integration Principle In International Environmental Law, André Nollkaemper

André Nollkaemper

No abstract provided.


Review Of Security Council Decisions By National Courts, André Nollkaemper, Erika De Wet Jan 2002

Review Of Security Council Decisions By National Courts, André Nollkaemper, Erika De Wet

André Nollkaemper

No abstract provided.


Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto Jan 2002

Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto

Jackson Nyamuya Maogoto

Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights abuses, potential perpetrators must perceive prosecution as a possible consequence of their actions. Historically, the doctrine of command responsibility has been an important tool to hold accountable leaders who plan, participate in, or acquiesce in large-scale human rights abuses. The scope of the command responsibility doctrine remains one of the most important issues in prosecuting human rights atrocities. The scope of the doctrine determines the degree to which a leader can insulate himself from criminal culpability when the criminal acts were committed by others but …


The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling Jan 2002

The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling

Theodor JR Schilling

This article will first try to develop a strictly positivist view of the relationship between the Community and Member State legal systems. Starting from the assumption that the Community legal system is based on a revolution by the Court of Justice it will claim that this revolution does not (yet) apply to the Member State legal systems. In doing so, it will distinguish between an external, pluralistic, and an internal, monistic view of the systems in question. Taking the external point of view, this article will deny that there is, in our day, a single unified system comprising both the …