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Constitutional Law

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Selected Works

2007

International law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Rule Of Law, Democracy, And International Law - Learning From The Us Experience, Gianluigi Palombella Dec 2007

The Rule Of Law, Democracy, And International Law - Learning From The Us Experience, Gianluigi Palombella

Gianluigi Palombella

The general issue addressed in this paper is the relation between the rule of law as a matter of national law, and as a matter of international law. Different institutional conceptions of this relationship give rise to different attitudes towards international law. Nonetheless, questions arise that cast doubt on age-old tenets of certain Western countries concerning the radical separability between the rule of law within the domestic system and in the international realm. The article will start considering some recent developments in the United States' treatment of alien detainees. Then it shall address the relation between domestic constitutions and international …

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Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power Dec 2006

Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power

Robert C Power

This article examines how the efforts to bring former Chilean dictator Augusto Pinochet Ugarte to justice have affected international criminal law. It argues that traditional international law seems largely irrelevant today because the paradigmatic crime of the Pinochet era was torture, which is now addressed primarily through the Torture Convention, and the most appropriate forum is the International Criminal Court (ICC) rather than national courts. The article emphasizes the need to use international tribunals such as the ICC to help protect international criminal prosecutions from the kind of political erosion that left a very mixed record concerning Augusto Pinochet.

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