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Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor R. Dalton
Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor R. Dalton
Cornell Law School J.D. Student Research Papers
In the International Criminal Tribunal for Rwanda (ICTR) case Prosecutor v. Musema, the trial chamber held that an individual can be found guilty solely for the crime of conspiracy to commit genocide even if no genocide takes place. The trial chamber found its jurisdiction to punish the crime of conspiracy under its establishing statute, but looks almost exclusively at national legal traditions to determine its content. It cites no other international law supporting its decision to incorporate domestic concepts into the crime. In contrast, the Rome Statute of the International Criminal Court, which relatively recently entered into force, seems to …
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Cornell Law Faculty Publications
This Paper tries to show the effects of a central challenge of contemporary global governance: the "interaction between normative orders that are fundamentally different in their underlying conceptual structure." The argument is that the dynamics of globalization create and accentuate particular social phenomena as well as efforts towards coordinated regulation of these phenomena, but that the latter are far from sufficient to meet the former. A further assertion is that global relations and distributions of power determine the operation of this fragmented framework. Social vulnerability is reflected in and reinforced by it. As such, the undocumented migrant worker challenges, in …