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Treaty Interpretation And Constitutional Transformation: Informal Change In International Organizations., Julian Arato
Treaty Interpretation And Constitutional Transformation: Informal Change In International Organizations., Julian Arato
Articles
Like all constituted bodies of government, international organizations change over time-sometimes in profound and unexpected ways. Besides developing through the obvious mechanism of formal amendment by the constituent member states, these governance bodies can and do undergo a more autonomous kind of constitutional development-what might be called informal constitutional change or transformation. This type of quiet evolution may occur on different levels-including the reordering of the organization's internal architecture in terms of the relative competences of its various organs, as well as the development of the powers of the organization as a whole vis-avis the states parties. Unlike formal amendment, …
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad
UF Law Faculty Publications
This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …
Misplaced Boldness: The Avoidance Of Substance In The International Court Of Justice's Kosovo Opinion, Timothy W. Waters
Misplaced Boldness: The Avoidance Of Substance In The International Court Of Justice's Kosovo Opinion, Timothy W. Waters
Articles by Maurer Faculty
The International Court of Justice's Kosovo Advisory Opinion is a masterpiece of avoidance. The Court has lived to run another day, and one can only admire the judges' skill in arriving at the vacant place between difficult and clashing conclusions of substance. Still, in the wake of the Opinion, questions inevitably arise: Of what use is this document? Has it advanced a project of justice, or of law? The Opinion has done something, though not, perhaps, what it purports to do. To understand it, we must engage this cautious, crimped document in its full context-or rather, we must understand the …