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An Emerging International Criminal Law Tradition: Gaps In Applicable Law And Transnational Common Laws, Benjamin Perrin
An Emerging International Criminal Law Tradition: Gaps In Applicable Law And Transnational Common Laws, Benjamin Perrin
All Faculty Publications
This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition. International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international law, international humanitarian law, international human rights law and national criminal laws has resulted in gaps …
Democratising Or Demonising The World Heritage Convention?, Natasha Affolder
Democratising Or Demonising The World Heritage Convention?, Natasha Affolder
All Faculty Publications
In recent disputes surrounding mining projects in and around World Heritage sites, the legitimacy of the World Heritage Convention regime has been attacked for a host of democratic failings. These accusations of 'democratic deficits' originate from both opponents and supporters of the Convention regime. They challenge the compatibility of international processes with national law and institutions, raise questions of accountability and transparency, and revisit tensions between state sovereignty and common heritage. This paper traces these perceptions of democratic shortcomings in the Convention regime to certain misunderstandings of the Convention, to failed participatory processes at the national level, and to the …
Mining And The World Heritage Convention: Democratic Legitimacy And Treaty Compliance, Natasha Affolder
Mining And The World Heritage Convention: Democratic Legitimacy And Treaty Compliance, Natasha Affolder
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International treaties and the institutions which administer them are increasingly the subjects of democratic scrutiny. In recent disputes surrounding mining projects in and around World Heritage Sites, the legitimacy of the World Heritage Convention regime has been attacked for a host of democratic failings. These accusations of democratic deficits originate from both opponents and supporters of the Convention regime. They challenge the compatibility of international processes with national law and institutions, raise questions of accountability and transparency, and revisit tensions between state sovereignty and common heritage. To foster compliance with the World Heritage Convention, we need to boldly engage with …