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Full-Text Articles in Law
Mind The Gap: A Systematic Approach To The International Criminal Court's Arrest Warrants Enforcement Problem, Nadia Banteka
Mind The Gap: A Systematic Approach To The International Criminal Court's Arrest Warrants Enforcement Problem, Nadia Banteka
Scholarly Publications
International Criminal Courts and Tribunals ("ICCTs") have been established on a belying enforcement paradox between their significant mandate and their inherent lack of enforcement powers due to the absence of systemic law enforcement. This Article is premised on the idea that ICCTs fail to procure substantial results due to their delusive persistence in rejecting the factoring of politics in their operation. Thus, I suggest a perspective for arrest warrant enforcement that not only recognizes the relevance of politics but also capitalizes on it. I argue that by fully comprehending its enforcement tools and making use of its political role, the …
Dynamic Governance In Theory And Application, Part I, David L. Markell, Robert L. Glicksman
Dynamic Governance In Theory And Application, Part I, David L. Markell, Robert L. Glicksman
Scholarly Publications
This Article is the first of two that grapple with a central policy challenge facing the administrative state: how to govern in times of dynamic change when challenges, and opportunities to address them, are both shifting rapidly. It suggests that, conceptually, process design that is likely to produce effective regulatory governance requires attention to three key distinct but interrelated variables: (1) the actors who are or should be involved in program implementation in different capacities; (2) the mechanisms (legal and otherwise) available to promote good governance; and (3) the tools available to advance desired results. To demonstrate the value of …