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Full-Text Articles in Law
Cross-Fertilisation Of Procedural Law Among International Courts And Tribunals: Methods And Meanings, Chiara Giorgetti
Cross-Fertilisation Of Procedural Law Among International Courts And Tribunals: Methods And Meanings, Chiara Giorgetti
Law Faculty Publications
The proliferation of international courts and tribunals has resulted in interesting instances of cross-fertilisation of procedural law among international courts. This chapter provides a framework to assess specific techniques of cross-fertilisation, used in support of specific conclusions reached by the deciding tribunal Techniques used include general references to decisions by other tribunals, specific citations to one or more decisions by other international courts and tribunals and references to a standard adopted by other international courts and tribunals explained in a dissenting or separate opinion and differing from the conclusion supported by the majority of the deciding tribunal. Continuous instances of …
The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel
The Limits Of Judicial Mechanisms For Developing And Enforcing International Environmental Norms: Introductory Remarks, Nienke Grossman, Jacqueline Peel
All Faculty Scholarship
International courts and tribunals have played a key role in the development of principles and norms of international environmental law. Over the last two decades, such bodies have been asked to resolve a growing number of disputes that involve environmental issues. The types of issues considered by international courts and tribunals have also expanded in scope and complexity. For instance, disputes concerning environmental matters may involve claims of state responsibility, law of the sea questions, human rights issues, or trade and investment aspects.
Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi
Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi
Articles
This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …