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Articles 1 - 18 of 18
Full-Text Articles in Law
Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller
Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller
Scholarly Articles
The COVID-19 pandemic has caused incalculable harm around the world. The fact that this immense harm can be traced back to a localized outbreak in or near Wuhan, China, raises questions about the responsibility China might bear for the pandemic under public international law. Famously applied in the seminal Trail Smelter Arbitration (1938/1941), the Transboundary Harm Principle provides that no state can use or allow the use of its territory in a manner that causes significant harm in the territory of other states. This article does not intend to tap into the unseemly, xenophobic spirit that animates much of the …
Contextualizing Legitimacy, Kish Vinayagamoorthy
Contextualizing Legitimacy, Kish Vinayagamoorthy
Scholarly Articles
The article discusses the effects of jurisprudential values on the responsibility to prevent and the relationship between the State sovereignty and the responsibility of the State to prevent its citizens from crime. It evaluates how international law can facilitate the implementation of the responsibility to prevent. It emphasizes that international lawyers and academics should consider the qualities that define law and distinguish legal norms and social norm from principles of society.
Recent Developments In Third-Party Funding, Victoria Shannon
Recent Developments In Third-Party Funding, Victoria Shannon
Scholarly Articles
This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte
Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte
Scholarly Articles
The article focuses on the international law regarding the inter-American human rights system. It informs about the implementation of compliance jurisprudence litigation by the Inter-American Court of Human Rights. It further states that the compliance has encouraged the representatives of the victims to make the litigation more meaningful so that they can get the fair judgment.
Accountability For System Criminality, Mark A. Drumbl
Accountability For System Criminality, Mark A. Drumbl
Scholarly Articles
Not available.
Balancing Security And Liberty In Germany, Russell A. Miller
Balancing Security And Liberty In Germany, Russell A. Miller
Scholarly Articles
Scholarly discourse over America’s national security policy frequently invites comparison with Germany’s policy. Interest in Germany’s national security jurisprudence arises because, like the United States, Germany is a constitutional democracy. Yet, in contrast to the United States, Germany’s historical encounters with violent authoritarian, anti-democratic, and terrorist movements have endowed it with a wealth of constitutional experience in balancing security and liberty. The first of these historical encounters – with National Socialism – provided the legacy against which Germany’s post-World War II constitutional order is fundamentally defined. The second encounter – with leftist domestic radicalism in the 1970s and 1980s – …
Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl
Accountability For Property Crimes And Environmental War Crimes: Prosecution, Litigation, And Development, Mark A. Drumbl
Scholarly Articles
None available.
Reviewing Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Reviewing Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Scholarly Articles
Not available.
The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty
The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty
Scholarly Articles
The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in International Law that began with NATO's 1999 intervention in Kosovo against Serbia. NATO's intervention called into question the authority and viability of U.N. Charter system for maintaining international peace. Likewise, the West's decision in 2008 to support Kosovo's secession from Serbia dealt a further blow to the central post-War legal rules and institutions for controlling and mitigating Great power rivalry. Russia's later support for South Ossetia's secession from Georgia demonstrated the potential that the Kosovo precedent has for …
Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller
Reviewing Charlotte Ku And Harold Jacobson (Eds.), Democratic Accountability And The Use Of Force In International Law, Russell A. Miller
Scholarly Articles
None available.
(Reviewing Charif M. Bassiouni, Introduction To International Criminal Law (2003)), Mark A. Drumbl
(Reviewing Charif M. Bassiouni, Introduction To International Criminal Law (2003)), Mark A. Drumbl
Scholarly Articles
None available.
The Alien Tort Claims Act Under Attack: Introductory Remarks, Mark A. Drumbl
The Alien Tort Claims Act Under Attack: Introductory Remarks, Mark A. Drumbl
Scholarly Articles
None available.
Judging The 11 September Terrorist Attack, Mark A. Drumbl
Judging The 11 September Terrorist Attack, Mark A. Drumbl
Scholarly Articles
Not available.
Restitution As A Remedy In The U.S. Courts For Violations Of International Law, Frederic L. Kirgis
Restitution As A Remedy In The U.S. Courts For Violations Of International Law, Frederic L. Kirgis
Scholarly Articles
Not available.
Degrees Of Self-Determination In The United Nations Era, Frederic L. Kirgis
Degrees Of Self-Determination In The United Nations Era, Frederic L. Kirgis
Scholarly Articles
None available.
Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis
Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis
Scholarly Articles
None available.
Alien Tort Claims, Sovereign Immunity And International Law In U.S. Courts, Frederic L. Kirgis
Alien Tort Claims, Sovereign Immunity And International Law In U.S. Courts, Frederic L. Kirgis
Scholarly Articles
None available.
Understanding The Act Of State Doctrine's Effect, Frederic L. Kirgis
Understanding The Act Of State Doctrine's Effect, Frederic L. Kirgis
Scholarly Articles
None available.