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Full-Text Articles in Law
Reputation As A Disciplinarian Of International Organizations, Kristina Daugirdas
Reputation As A Disciplinarian Of International Organizations, Kristina Daugirdas
Articles
As a disciplinarian of international organizations, reputation has serious shortcomings. Even though international organizations have strong incentives to maintain a good reputation, reputational concerns will sometimes fail to spur preventive or corrective action. Organizations have multiple audiences, so efforts to preserve a “good” reputation may pull organizations in many different directions, and steps taken to preserve a good reputation will not always be salutary. Recent incidents of sexual violence by UN peacekeepers in the Central African Republic illustrate these points.
The International Law Commission's Soft Law Influence, Elena Baylis
The International Law Commission's Soft Law Influence, Elena Baylis
Articles
Since the 1990s, the International Law Commission has increasingly produced soft law, such as principles and draft conclusions, in addition to hard law like draft treaty articles This essay explores the implications of the International Law Commission’s transition toward a greater emphasis on soft law. Soft law is an effective vehicle for the International Law Commission’s mission of codification and progressive development of international law; the International Law Commission’s involvement increases the clarity and accessibility of international law norms and promotes a dynamic, synergistic relationship between hard law and soft law that contributes to the effective evolution of international law. …
Function And Dysfunction In Post-Conflict Justice Networks And Communities, Elena Baylis
Function And Dysfunction In Post-Conflict Justice Networks And Communities, Elena Baylis
Articles
The field of post-conflict justice includes many well-known international criminal law and rule of law initiatives, from the International Criminal Court to legal reform programs in Afghanistan and Iraq. Less visible, but nonetheless vital to the field, are the international staff (known as internationals) who carry out these transitional justice enterprises, and the networks and communities of practice that connect them to each other. By sharing information, collaborating on joint action, and debating proposed legal rules within their networks and communities, internationals help to develop and implement the core norms and practices of post-conflict justice. These modes of collaboration are …
Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi
Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi
Articles
Over the past several decades, the central focus of international law has shifted from protecting only sovereign states to protecting individuals. Still, the worst imaginable human rights violations—genocides, ethnic cleansings, crimes against humanity, and systemic war crimes—occur with alarming frequency. And the international response is often slow or ineffectual. The most recent development for addressing this problem is the “responsibility to protect,” an idea that has received so much attention that it now goes simply by R2P. Almost all heads of state have endorsed R2P. The U.N. Secretary General has made R2P a top priority and issued multiple reports on …
Accountability And The Sri Lankan Civil War, Steven R. Ratner
Accountability And The Sri Lankan Civil War, Steven R. Ratner
Articles
Sri Lanka's civil war came to a bloody end in May 2009, with the defeat of the Liberation Tigers of Tamil Eelam (LTTE) by Sri Lanka's armed forces on a small strip of land in the island's northeast. The conflict, the product of long-standing tensions between Sri Lanka's majority Sinhalese and minority Tamils over the latter's rights and place in society, had begun in the mid-1980s and ebbed and flowed for some twenty-five years, leading to seventy to eighty thousand deaths on both sides. Government repression of Tamil aspirations was matched with ruthless LTTE tactics, including suicide bombings of civilian …
The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam
The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam
Articles
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