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Full-Text Articles in Law
How And Why International Law Binds International Organizations, Kristina Daugirdas
How And Why International Law Binds International Organizations, Kristina Daugirdas
Articles
For decades, controversy has dogged claims about whether and to what extent international law binds international organizations (“IOs”) like the United Nations and the International Monetary Fund. The question has important consequences for humanitarian law, economic rights, and environmental protection. In this Article, I aim to resolve the controversy by supplying a theory about when and how international law binds IOs. I conclude that international law binds IOs to the same degree that it binds states. That is, IOs are not more extensively or more readily bound; nor are they less extensively or less readily bound. This means that IOs, …
Enforcing United Nations Decisions In Domestic Courts, Mary Ellen O'Connell
Enforcing United Nations Decisions In Domestic Courts, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Between Light And Shadow: The International Law Against Genocide In The International Court Of Justice’S Judgement In Croatia V. Serbia (2015), Ines Gillich
Pace International Law Review
This Article identifies and critically analyzes the contributions the International Court of Justice (ICJ) made to the international law against genocide via the judgment in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) of February 3, 2015. This Article elaborates on the concept of genocide—a term that has originally been coined after the Armenian Genocide and the Holocaust—and the protection against this “crime of crimes” under international law. The analysis section of this Article refers to the historical and procedural context of the dispute between Croatia and Serbia in the case, …
Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner
Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner
Georgia Journal of International & Comparative Law
No abstract provided.
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
The Icelandic Fisheries Dispute: A Decision Is Finally Rendered, Roger A. Briney
Georgia Journal of International & Comparative Law
No abstract provided.
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke
Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny
Georgia Journal of International & Comparative Law
No abstract provided.
International Fisheries Regulation, John P. Rivers
International Fisheries Regulation, John P. Rivers
Georgia Journal of International & Comparative Law
No abstract provided.
The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk
The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk
Georgia Journal of International & Comparative Law
No abstract provided.
A Game Theoretic Analysis Of International Justice Disputes, Mishal Ayaz
A Game Theoretic Analysis Of International Justice Disputes, Mishal Ayaz
Lawrence University Honors Projects
This paper works toward analyzing international justice disputes, through a game theoretic lens. The result of such an analysis is an accurate working model for the international justice dispute resolution process, limiting its scope to those disputes that fall under the International Court of Justice’s jurisdiction post 1986. This time limitation on the explanatory power of the model was deduced from all of the court’s findings since its inception. The game can be formed in four ways: perfect information, incomplete information, no information, and partial information, all of which have their own unique equilibria, which are formed and discussed individually.
Blessings And Curses: Israel And Lebanon's Maritime Boundary Dispute In The Eastern Mediterranean Sea, Andrew Shibley
Blessings And Curses: Israel And Lebanon's Maritime Boundary Dispute In The Eastern Mediterranean Sea, Andrew Shibley
Global Business Law Review
This note argues that Israel and Lebanon should submit their maritime border dispute to an arbitral tribunal under the United Nations Convention on the Law of the Sea. Before submitting the dispute to the tribunal, the two countries should agree upon an exclusive appellate remedy to be used in the event that at least one country is unsatisfied with the decision of the arbitrators. Alternatively, Israel and Lebanon could employ other dispute resolution options under the United Nations Convention on the Law of the Sea, or submit to the International Court of Justice. It is important that Israel and Lebanon …
Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel
Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel
Georgia Journal of International & Comparative Law
No abstract provided.
The Function Of The International Court Of Justice In The World Community, James Fawcett
The Function Of The International Court Of Justice In The World Community, James Fawcett
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Elihu Lauterpacht
The Place Of Policy In International Law, Elihu Lauterpacht
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, D. H. N. Johnson
The Place Of Policy In International Law, D. H. N. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Introductory Statement, Rosalyn Higgins
Introductory Statement, Rosalyn Higgins
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents, Georgia Journal Of International And Comparative Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Discussion On The Control And Sale Of Arms, Henry C. Lauerman, Robert E. Clute
Discussion On The Control And Sale Of Arms, Henry C. Lauerman, Robert E. Clute
Georgia Journal of International & Comparative Law
No abstract provided.
Standing To Represent Corporate Claims In The International Court Of Justice: The Barcelona Traction Case, W. B. Stillwell Iii
Standing To Represent Corporate Claims In The International Court Of Justice: The Barcelona Traction Case, W. B. Stillwell Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents, Georgia Journal Of International And Comparative Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi
Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi
Book Chapters
A central question in the literature on customary international law (CIL) goes to method: what is the proper method for "finding" CIL - that is, for determining that particular norms qualify as ClL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to be CIL …
Between Legitimacy And Control: Challenges And Recusals Of Arbitrators And Judges In International Courts And Tribunals, Chiara Giorgetti
Between Legitimacy And Control: Challenges And Recusals Of Arbitrators And Judges In International Courts And Tribunals, Chiara Giorgetti
Law Faculty Publications
Challenges of judges and arbitrators in international courts and tribunals is a vastly understudied subject. To correct this imbalance, this Article makes three novel contributions. First, and for the first time, it details and compares challenge procedures across a variety of international courts and tribunals, including both permanent and ad hoc institutions. Second, it provides unique data on challenges and provides a detailed analysis of their outcomes. Third, it makes two concrete recommendations that should be adopted as baseline requirements to improve and harmonize existing challenge procedures: (1) it proposes that an external or semi-external institution take decisions on challenges, …
Between Flexibility And Stability: Ad Hoc Procedures And/Or Judicial Institutions?, Chiara Giorgetti
Between Flexibility And Stability: Ad Hoc Procedures And/Or Judicial Institutions?, Chiara Giorgetti
Law Faculty Publications
The choice between the flexibility offered by ad hoc procedures and the stability proper of established judicial institutions poses many interesting questions for those interested in international dispute resolution. This chapter seeks to assess some of these questions and, possibly, to offer suggestions to future parties and their counsel on how to select the most appropriate resolution mechanism to resolve their international inter-state dispute. To begin with, it is worth noting two important and related trends that characterize contemporary international dispute resolution: first, the increased use of international litigation by diverse international actors, and second, the multiplication of dispute resolution …