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- Case Western Reserve Journal of International Law (3)
- Maryland Journal of International Law (3)
- Touro Law Review (3)
- University of Miami International and Comparative Law Review (3)
- Georgia Journal of International & Comparative Law (2)
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- Michigan Journal of International Law (2)
- Vanderbilt Journal of Transnational Law (2)
- Florida A & M University Law Review (1)
- International Law Studies (1)
- South Carolina Journal of International Law and Business (1)
- Syracuse Journal of International Law and Commerce (1)
- University of Miami Race & Social Justice Law Review (1)
- Washington and Lee Law Review (1)
- West Virginia Law Review (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
Beyond The Borders: The Rise Of Judicial Corruption And Universal Jurisdiction, Rose Mahdavieh
Beyond The Borders: The Rise Of Judicial Corruption And Universal Jurisdiction, Rose Mahdavieh
University of Miami Race & Social Justice Law Review
No abstract provided.
Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton
Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton
Case Western Reserve Journal of International Law
No abstract provided.
Criminal Justice Is Local: Why States Disregard Universal Jurisdiction For Human Rights Abuses, Jeremy A. Rabkin, Craig S. Lerner
Criminal Justice Is Local: Why States Disregard Universal Jurisdiction For Human Rights Abuses, Jeremy A. Rabkin, Craig S. Lerner
Vanderbilt Journal of Transnational Law
A German court recently convicted a minor Syrian official of abuses committed in Syria's civil war. The case was announced with fanfare but has since stirred no interest. Nor should this be surprising. The world has been here before. There was intense excitement in 1998, when British authorities arrested Augusto Pinochet, the former president of Chile, for human rights abuses committed in Chile. It was taken at the time as vindicating the doctrine that the worst human rights abuses fall under "universal jurisdiction," allowing any state to prosecute, even for crimes against foreign nationals on foreign territory. As generally acknowledged …
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Touro Law Review
In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …
The Icc Should Not Encourage Occupation, Uri Weiss
The Icc Should Not Encourage Occupation, Uri Weiss
Touro Law Review
No abstract provided.
Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia, John Webb
Georgia Journal of International & Comparative Law
No abstract provided.
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
The Enemies Of All Humankind: The Fourth Circuit's Application Of Universal Jurisdiction In United States V. Shibin, Alicia A. Olive
The Enemies Of All Humankind: The Fourth Circuit's Application Of Universal Jurisdiction In United States V. Shibin, Alicia A. Olive
South Carolina Journal of International Law and Business
No abstract provided.
The Pre-History Of Piracy As A Crime & Its Definitional Odyssey, Michael J. Kelly
The Pre-History Of Piracy As A Crime & Its Definitional Odyssey, Michael J. Kelly
Case Western Reserve Journal of International Law
No abstract provided.
You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law, Andrew Michael Bagley
You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law, Andrew Michael Bagley
Georgia Journal of International & Comparative Law
No abstract provided.
Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction, Anthony J. Colangelo
Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction, Anthony J. Colangelo
Maryland Journal of International Law
No abstract provided.
Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint, Marco Simons
Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint, Marco Simons
Maryland Journal of International Law
No abstract provided.
The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel
Maryland Journal of International Law
No abstract provided.
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
West Virginia Law Review
No abstract provided.
Crime Upon The Sea: Reshaping American Jurisprudence On International Piracy, Ta'ronce Stowes
Crime Upon The Sea: Reshaping American Jurisprudence On International Piracy, Ta'ronce Stowes
Florida A & M University Law Review
No abstract provided.
Does The World Need Knights Errant To Combat Enemies Of All Mankind? Universal Jurisdiction, Connecting Links, And Civil Liability, Zachary Mills
Does The World Need Knights Errant To Combat Enemies Of All Mankind? Universal Jurisdiction, Connecting Links, And Civil Liability, Zachary Mills
Washington and Lee Law Review
No abstract provided.
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 …
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 …
Beyond The Torture Memos: Perceptual Filters, Cultural Commitments, And Partisan Identity, Cassandra Burke Robertson
Beyond The Torture Memos: Perceptual Filters, Cultural Commitments, And Partisan Identity, Cassandra Burke Robertson
Case Western Reserve Journal of International Law
No abstract provided.
Universal Jurisdiction And The Pirate: Time For An Old Couple To Part, Joshua M. Goodwin
Universal Jurisdiction And The Pirate: Time For An Old Couple To Part, Joshua M. Goodwin
Vanderbilt Journal of Transnational Law
For hundreds of years, the world has allowed any nation-state to exercise universal jurisdiction over high seas piracy. This has been recently codified by the United Nations in the Convention on the Law of the Seas. It has been almost universally assumed that allowing states to do this was legitimate. As this Note will argue, however, the reasons for allowing states to exercise jurisdiction in this way no longer make sense in the modern world. Further, allowing states to exercise universal jurisdiction over pirates violates the due process rights of the pirates and poses a threat to international stability. To …
Universal Jurisdiction And The Concept Of A Fair Trial: Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg
Universal Jurisdiction And The Concept Of A Fair Trial: Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg
University of Miami International and Comparative Law Review
No abstract provided.
2003-2004 Survey Of International Law In The Second: Universal Jurisdiction, Swati Desai
2003-2004 Survey Of International Law In The Second: Universal Jurisdiction, Swati Desai
Syracuse Journal of International Law and Commerce
The debate over international jurisdiction has even extended to the United States, where the Second Circuit ruled that the United States, and specifically the State of New York, had jurisdiction over the 1993 World Trade Center attackers, and that jurisdiction did not arise under the principles of universal jurisdiction, but rather under the extraterritorial jurisdiction principle, the protective principle, the passive personality principle, and the objective territoriality principle of customary international law. This survey will cover only the international law implications of United States v. Yousef Facts and issues are limited to that subject matter. This case is a combination …
Introduction: Hispanismo As Leverage: Latcrit Questions Spain's Motives, Angelia Padin
Introduction: Hispanismo As Leverage: Latcrit Questions Spain's Motives, Angelia Padin
University of Miami International and Comparative Law Review
No abstract provided.
Jurisdicción Universal Y Crimenes Internacionales, Magdalena María Martin Martínez
Jurisdicción Universal Y Crimenes Internacionales, Magdalena María Martin Martínez
University of Miami International and Comparative Law Review
No abstract provided.
The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin
The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin
International Law Studies
No abstract provided.