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Articles 1 - 8 of 8
Full-Text Articles in Law
Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola
Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola
University of Miami International and Comparative Law Review
International law has always been contested. In recent years, however, competition between States to influence the trajectory of international law has intensified. Unfortunately, most international lawyers and policy makers still employ an impoverished understanding of the way in which international law is created (i.e., through formal international negotiations or as developed through custom). In this article, I argue that this formalist perspective neglects the foundational role of domestic lawmaking and regulation in the development of international law. Indeed, this paper shows that domestic action has historically been a direct causal antecedent to international legal regimes, and concludes that States must …
The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani
The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani
University of Miami International and Comparative Law Review
No abstract provided.
Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald
Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald
University of Miami International and Comparative Law Review
State parties to the Rome Statute submit to the jurisdiction of the International Criminal Court (ICC). This permanent and autonomous Court tries individuals for heinous international crimes, including crimes against humanity (CAH). Crimes such as murder, imprisonment, or torture, when committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, are known as CAH. Under the Statute, national jurisdictions are primarily responsible for investigating and prosecuting those responsible for international crimes. So, before it can assert jurisdiction, the ICC must determine that a state party is unwilling or unable to prosecute …
Enabling Retrospective Application Of The Denial Of Benefits Clause: An Analysis Of Decisions Of Tribunals Under The Energy Charter Treaty, Ramya Ramachanderan
Enabling Retrospective Application Of The Denial Of Benefits Clause: An Analysis Of Decisions Of Tribunals Under The Energy Charter Treaty, Ramya Ramachanderan
University of Miami International and Comparative Law Review
No abstract provided.
Masthead
University of Miami International and Comparative Law Review
No abstract provided.
European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley
European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley
University of Miami International and Comparative Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami International and Comparative Law Review
No abstract provided.
Indus Basin Water Management Under International Law, Dr. Waseem Ahmad Qureshi
Indus Basin Water Management Under International Law, Dr. Waseem Ahmad Qureshi
University of Miami International and Comparative Law Review
The management of international watercourses is a prominent global issue, owing to the rapid growth of water scarcity worldwide. This issue is particularly dominant in the Indus Basin, which India and Pakistan share. Both states use the water of the Indus Basin for irrigation, hydropower generation, and multiple other purposes. However, certain Indian water management projects are threatening the current water management infrastructure in Pakistan by substantially obstructing the flow of water in the Pakistani western rivers. In this regard, the Indus Waters Treaty provides recommendations to both states for adequately managing the Indus waters. Moreover, there are several principles …