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Full-Text Articles in Law
Freedom Of Movement Under The Framework Of Regional Integration Processes In South America, Marco A. Velásquez-Ruiz
Freedom Of Movement Under The Framework Of Regional Integration Processes In South America, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This Study addresses the question on whether the migratory phenomenon –considering with special attention the admission of non-nationals– might be regulated under the framework of regional integration processes, using the case of South America as an instance proclive to show how international law can be complemented and adapted to a specific context. It firstly elaborates a theoretical argument on the need to re-lecture the sovereign paradigm –according to which States have exclusive and excluding capacity to regulate the issue– so as to utilize cooperative schemes to develop a comprehensive legal framework provided the identification of migration as a common interest. …
In The Name Of International Peace And Security: Reflections On The United Nations Security Council's Legilative Action, Marco A. Velásquez-Ruiz
In The Name Of International Peace And Security: Reflections On The United Nations Security Council's Legilative Action, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This article seeks to illustrate how the United Nation´s Security Council is entailing a sort of hegemonic capability to act as a legislator, having as a premise the absence of such figure under international law, provided the apparent structure and dynamics of the Law of Nations. Thus, basing its actions on the UN Charter´s mandate to maintain international peace and security, the Council has adopted such kind of measures on the fight against terrorism ‑through Resolutions 1373 (2001) and 1540 (2004). The effects of the Council´s action are analyzed through two yardsticks; legality vis-à-vis the UN Charter and other relevant …
The Path Of International Law, Anthony D'Amato
The Path Of International Law, Anthony D'Amato
Faculty Working Papers
Is there a need for yet another student-edited international law journal? Practicing attorneys retrieve relevant articles when working on cases with international law issues, although they may be oblivious to the name of the journal or the prestige of the law school that supports it. For student editors, serving on a new international law journal is not just an intellectual experience; it is an empowering one. The more one looks into custom and treaty and the other sources of international law, the more one finds complexity and intellectual challenge.
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
All Faculty Scholarship
Though international criminal justice has developed into a flourishing judicial system over the last two decades, scholars have neglected institutional design and procedure questions. International criminal-procedure scholarship has developed in isolation from its domestic counterpart but could learn much realism from it. Given its current focus on atrocities like genocide, international criminal law’s main purpose should be not only to inflict retribution, but also to restore wounded communities by bringing the truth to light. The international justice system needs more ideological balance, more stable career paths, and civil-service expertise. It also needs to draw on the domestic experience of federalism …