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A Contextualized Account Of General Principles Of International Law, Michelle Biddulph, Dwight Newman
A Contextualized Account Of General Principles Of International Law, Michelle Biddulph, Dwight Newman
Pace International Law Review
This Article examines general principles of international law through the innovative means of comparing their use in four different, novel areas of international law—international environmental law, international investment law, international criminal law, and international indigenous rights. By doing so, the Article is able to make the distinct claim that there is no one, single methodology for analysis of general principles of international law. Rather, each area of international law tends to use a methodology suited to its policy objectives and overall characteristics as a specific area of law. The Article characterizes two predominant academic approaches to general principles: a purely …
Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener
Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener
Pace International Law Review
This article examines the application of the defense of duress by international criminal tribunals through analyzing opposing theoretical approaches to justifications and excuses. The purpose of this examination is twofold. First, the article offers a framework for duress’s application by examining scholarly approaches to duress and by analyzing the application of the defense by international tribunals. This analysis includes the tribunals constituted following the Second World War and International Criminal Tribunal for the Former Yugoslavia (ICTY). Second, the article provides insight into the underlying rationales that guide judges at the international tribunals in the last decade through the judges’ application …
International Criminal Law For Retributivists, Alexander K.A. Greenawalt
International Criminal Law For Retributivists, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
Responding to the proliferation of international criminal tribunals during the last two decades, scholars have engaged in a rich debate about the normative foundations of international criminal law (“ICL”). The retributive theory of punishment--which justifies punishment based on the culpability of the accused, rather than by reference to its social benefits--has met with significant skepticism in these discussions. Some have argued that unique features of international criminal justice--for example, the extreme selectivity of punishment or the lack of certain social or political preconditions--are a poor match for retributive theory. Others have ignored retributivism altogether, or afforded the theory only passing …