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Full-Text Articles in Law

Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen Dec 2015

Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen

Popular Media

Associate Professor Harlan G. Cohen published "Methodology and Misdirection: Custom and the ICJ" on the European Journal of International Law's blog EILJ: Talk! on December 1, 2015.


Is The International Court Of Justice Worth The Effort?, Joseph L. Daly Jul 2015

Is The International Court Of Justice Worth The Effort?, Joseph L. Daly

Akron Law Review

Throughout history most peacemaking has been a response to a particular crisis - efforts of two countries to solve a dispute by treaty or to negotiate the end of a war. But as the instruments of war have become more and more horrible, as wars have come to take an ever increasing toll on civilian populations, world leaders have tried to establish a structure for peace, a permanent way of avoiding conflict by appealing to reason, not to weapons. Our century has hoped that some sort of international tribunal - a world court - would decide disputes on enduring principles …


Symposium On Hot Spots In International Law, John F. Seiberling Jul 2015

Symposium On Hot Spots In International Law, John F. Seiberling

Akron Law Review

To anyone concerned about deterring future wars and war crimes and strengthening the rule of law, the panelists in this symposium bring fresh insights and encouragement. The University of Akron School of Law, the International Law Society, and the Akron Law Review are to be commended for bringing these experts and their discussion of this important subject to a wide audience at such a crucial time.


Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner Apr 2015

Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


Linguistic Minority Educational Rights In Canada: An International And Comparative Perspective, Edward H. Lindsey Jr. Apr 2015

Linguistic Minority Educational Rights In Canada: An International And Comparative Perspective, Edward H. Lindsey Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


From The Shoals Of Ras Kaboudia To The Shores Of Tripoli: The Tunisia/Libya Continental Shelf Boundary Delimitation, Donna R. Christie Mar 2015

From The Shoals Of Ras Kaboudia To The Shores Of Tripoli: The Tunisia/Libya Continental Shelf Boundary Delimitation, Donna R. Christie

Georgia Journal of International & Comparative Law

No abstract provided.


Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress Mar 2015

Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress

Georgia Journal of International & Comparative Law

No abstract provided.


The Right Of Counterintervention, John A. Perkins Jan 2015

The Right Of Counterintervention, John A. Perkins

Georgia Journal of International & Comparative Law

No abstract provided.


Emerging International Development Law And Traditional International Law - Congruence Or Cleavage?, Edward Kwakwa Jan 2015

Emerging International Development Law And Traditional International Law - Congruence Or Cleavage?, Edward Kwakwa

Georgia Journal of International & Comparative Law

No abstract provided.


Forum: American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn, Dean Rusk, Gabriel M. Wilner Jan 2015

Forum: American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn, Dean Rusk, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


The Challenge And Recusal Of Judges Of The International Court Of Justice, Chiara Giorgetti Jan 2015

The Challenge And Recusal Of Judges Of The International Court Of Justice, Chiara Giorgetti

Law Faculty Publications

The rules and mechanisms to challenge and recuse a judge of the International Court of Justice ("ICJ") are unique and pertain to the control mechanisms proper to permanent international dispute resolution bodies, characterized by a plurality of representative, elected judges. Indeed, the Statute of the ICJ ("Statute") provides a series of control mechanisms aimed at ensuring the independence and impartiality of its judges. The drafters of the Statute adopted a multi-tiered approach, relying first on self-control of each judge, and then envisaging a subsidiary control role for the President and the Court as a whole. Third-party requests for recusals are …


From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga Jan 2015

From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga

Brooklyn Journal of International Law

Over the last seven decades, there has been a global proliferation of international and regional human rights tribunals. But with no coercive power to enforce their judgments, these international tribunals rely either on the good faith of the State parties or on the political process for the implementation of their remedial orders. This nonjudicial approach to enforcement has showed its limits, as most State parties are noncompliant with international judgments to the detriment of human rights victims. This article recommends a new approach involving the judicialization of the post-adjudicative stage of international proceedings as an avenue to increase the enforceability …


Re-Assessing The Evidentiary Regime Of The International Court Of Justice: A Case For Codifying Its Discretion To Exclude Evidence, Siyuan Chen Jan 2015

Re-Assessing The Evidentiary Regime Of The International Court Of Justice: A Case For Codifying Its Discretion To Exclude Evidence, Siyuan Chen

Research Collection Yong Pung How School Of Law

Like many international tribunals, the International Court of Justice subscribes heavily to the principle of free admissibility of evidence. Neither its statute nor rules impose substantive restrictions on the admissibility of evidence, whether by way of exclusionary rules or an exclusionary discretion. Instead, the court’s practice has been to focus on evaluating and weighing the evidence after it has been admitted. There are certainly features of the ICJ that sets it apart from domestic courts and arguably justify such an approach: the ICJ is for settling disputes between sovereign states; it does not use a typical fact-finding system; its rules …


The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska Dec 2014

The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska

Dr Marija Dordeska

Article 38, para.1, of the Statute of the International Court of Justice (“ICJ”) defines customary international law as evidence of general practice accepted as law, understood as State practice and opinio juris. However, by identifying certain norms as custom without referring to the traditional evidence of State practice and opinio juris, international courts and tribunals have also contributed to the formation of customary international law. This paper presents an analysis of how the ICJ in particular, contributes to the formation of customary international law by relying on the draft articles of the International Law Commission (“ILC”). The paper is based …