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Full-Text Articles in Law
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Michigan Journal of International Law
Territory, or the concept of territory, thus asserts itself throughout the discipline of public international law, and its influences can be felt either through direct means or discrete.
Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen
Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen
Michigan Journal of International Law
A core argument of this Essay is that the capability to make borderings has itself switched organizing logics: from institutionalizing the perimeter of a territory to multiplying transversal borderings cutting across that perimeter. This switch is partly linked to the types of scalar shifts in the operational space of a growing number of systems. To the more economic systems already mentioned above, let me add such diverse instances as the policing of the illegal drug trade, the war on terror, the judicial and political struggle to protect human rights, and the environmental effort to reorganize transnational economic sectors, including the …
Universal Jurisdiction As An International "False Conflict" Of Laws, Anthony J. Colangelo
Universal Jurisdiction As An International "False Conflict" Of Laws, Anthony J. Colangelo
Michigan Journal of International Law
This Essay proposes a framework for analyzing the concept of universal jurisdiction and evaluating its exercise by States in the international legal system. In brief, the author argues that universal jurisdiction is unique among the bases of prescriptive jurisdiction in international law, and that its unique character gives rise to unique-and underappreciated- limiting principles. The main analytical device the author uses to make this argument is the notion of a "false conflict," which is borrowed from the private law field of conflict of laws, also known outside the United States as private international law. The author does not suggest that …
From Pinochet To Rumsfeld: Universal Jurisdiction In Europe 1998-2008, Wolfgang Kaleck
From Pinochet To Rumsfeld: Universal Jurisdiction In Europe 1998-2008, Wolfgang Kaleck
Michigan Journal of International Law
This Essay provides a survey of more than fifty universal jurisdiction proceedings in European courts and illustrates that universal jurisdiction is no longer a seldom-used theoretical concept, but a widespread practice. However, it is a practice that faces a number legal and practical obstacles identified here. Similar difficulties are encountered in other mechanisms used to combat impunity, including territorial and personality jurisdiction, state accountability at the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR), and civil litigation in the United States. The Essay then begins an evaluation of the last ten years of universal …