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International Law

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A Case For The Recognition Of A Concept Of Judge-Made International Law, Theodor Jr Schilling Aug 2014

A Case For The Recognition Of A Concept Of Judge-Made International Law, Theodor Jr Schilling

Theodor JR Schilling

Judge-made international law (JMIL) based on a law of reason exists as well in some municipal court decisions setting a precedent as in ones building upon such a precedent. Such court decisions rely on the faculty of judicial borderline institutions to decide against normally binding customary international law (CIL). This implies for the first group that they may positivise a law of reason, and for the second group they may defer to thus positivised laws of reason, both irrespective of contrary CIL. Norms of JMIL and of CIL are determined according to different secondary rules. Therefore, court decisions which are …

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Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan Dec 2005

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan

From Grotius to Hobbes to Locke to an unconventional modern pop-culture manifestation in Ali G, the concept of “respect” has always been understood as important in human interaction and human agreements. The concept of mutual understanding and obligation pervades human interaction, and, for purposes of this Article, international relations. Almost all basic principles in English, United States, and other country’s laws that value human and individual rights have based, over time, the development of their laws on the philosophical principle of respect. So much of common and statutory law is designed to enforce respect for others. The principle question in …

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The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown Dec 2000

The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown

Bartram Brown

No abstract provided.

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U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown Dec 1998

U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown

Bartram Brown

No abstract provided.

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Primacy Or Complementarity: Reconciling The Jurisdiction Of National Courts And International Criminal Tribunals, Bartram Brown Dec 1997

Primacy Or Complementarity: Reconciling The Jurisdiction Of National Courts And International Criminal Tribunals, Bartram Brown

Bartram Brown

No abstract provided.

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Nationality And Internationality In International Humanitarian Law, Bartram Brown Dec 1997

Nationality And Internationality In International Humanitarian Law, Bartram Brown

Bartram Brown

No abstract provided.

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