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Case Western Reserve University School of Law

Faculty Publications

International Law

2000

Articles 1 - 4 of 4

Full-Text Articles in Law

The Tools For Enforcing International Criminal Justice In The New Millennium: Lessons From The Yugoslavia Tribunal, Michael P. Scharf Jan 2000

The Tools For Enforcing International Criminal Justice In The New Millennium: Lessons From The Yugoslavia Tribunal, Michael P. Scharf

Faculty Publications

It is one thing to create an international institution devoted to enforcing international justice; it is quite another to make international justice work. Unlike the Nuremberg Tribunal, whose orders were implemented by the Allied occupation forces, the ICC will have no constabulary. In the absence of a direct enforcement mechanism, the ICC will have to rely on state cooperation and indirect means of inducing compliance with its arrest orders and requests for judicial cooperation.

The range of enforcement measures potentially available to the ICC include: (1) condemnation of non-cooperation by the Assembly of State Parties or the U.N. Security Council; …


Reflections: Beyond Compliance Theory-Trips As A Substantive Issue, Peter M. Gerhart Jan 2000

Reflections: Beyond Compliance Theory-Trips As A Substantive Issue, Peter M. Gerhart

Faculty Publications

Introduction to symposium on TRIPS as a Substantive Issue, Cleveland, Ohio, 2000.


More Sorry Than Safe: Assessing The Precautionary Principle And The Proposed International Biosafety Protocol, Jonathan H. Adler Jan 2000

More Sorry Than Safe: Assessing The Precautionary Principle And The Proposed International Biosafety Protocol, Jonathan H. Adler

Faculty Publications

Part I of this paper provides a brief overview of the development of biotechnology, its regulation and its use, with a particular emphasis on agricultural biotechnology. Part II outlines the United Nations Convention on Biological Diversity, which provides an international legal framework for a biosafety protocol and summarizes the results of recent protocol negotiations, such as those conducted in Cartagena, Colombia in February 1999, which continued in Montreal in January 2000. Part III explains why the proposed protocol embodies a variant of the precautionary principle and why such policies may do more harm than good. This paper concludes with some …


International Institutions, Michael P. Scharf, John Knox, Michelle Mulvena, Chris Potter, Tracy Sund Jan 2000

International Institutions, Michael P. Scharf, John Knox, Michelle Mulvena, Chris Potter, Tracy Sund

Faculty Publications

No abstract provided.