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Introduction - Denver Journal Of International Law And Policy, Thomas E. Carbonneau

Journal Articles

The reconciliation of national law with a transborder standard is at the heart of the European enterprise to create an integrated legal process. Such reconciliation is also necessary to establish a unified political community with common core values. The various cases that are analyzed in this issue address critical questions of law and policy, and demonstrate the court’s progress in elaborating a communitarian practice in the various subject areas.

In the cases that are studied, the ECJ rendered preliminary rulings on previously unresolved issues of Community law. The ECJ has the power under Article 177 ofthe EC Treaty to issue …

Ingos As Political Actors, Makau Mutua

Journal Articles

No abstract provided.

Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder

Journal Articles

The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal …

The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel

Journal Articles

The United States was one of only seven nations to vote against the treaty. The ensuing debate within the United States has properly focused on whether the United States can and should ratify the treaty or, if not, whether as a non-party the United States should support or oppose the new court. Largely overlooked, however, are two separate but related questions: (1) should the existing, incomplete jurisdiction of U.S. courts over crimes within the ICC Statute be expanded to ensure that such crimes may also be prosecuted in U.S. courts, under universal jurisdiction or other bases allowed by international law?; …

The Rome Treaty For An International Criminal Court: A Flawed But Essential First Step, Douglass Cassel

Journal Articles

Last summer more than 150 UN member states met in Rome to negotiate a treaty to establish a permanent international criminal court. Following years of preparatory meetings in New York and five weeks of negotiation in Rome, they voted 120 to seven, with twenty-one abstentions, for a treaty to establish an International Criminal Court (ICC) to hear future cases of genocide, serious war crimes and crimes against humanity. Most of the world's democracies-western and central Europe together with countries like Argentina, Australia, Canada, Costa Rica, South Africa and South Korea-supported the ICC. Only two democracies-the U.S. and Israel-voted against, thereby …