Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Alien Tort Statute (1)
- Auschwitz (1)
- Bilateral Immunity Agreements (1)
- Civil tort claims (1)
- Comparative international law (1)
-
- Domestic incorporation of international criminal law (1)
- Empirical analysis (1)
- Holocaust (1)
- ICC (1)
- International Criminal Court (1)
- International Criminal Court; US Criminal Law; State Criminal Law; War Crimes; Crimes against Humanity; Genocide; Bush Administration; Obama Administration; United Nations; Guantanamo Bay; Invasion of Iraq; September 11 Attacks (1)
- International commercial mediation (1)
- Legacy (1)
- Legal migration (1)
- Transplants (1)
- UNCITRAL (1)
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong
Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong
Washington and Lee Law Review
For decades, parties, practitioners and policymakers have believed arbitration to be the best if not only realistic means of resolving cross-border business disputes. However, the hegemony of international commercial and investment arbitration is currently being challenged in light of rising concerns about increasing formalism in arbitration. As a result, the international community has sought to identify other ways of resolving these types of complex commercial matters, with mediation reflecting the most viable option. Numerous public and private entities have launched initiatives to encourage mediation in international commercial and investment disputes, and the United Nations Commission on International Trade Law (UNCITRAL) …
The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl
The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl
Scholarly Articles
The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of …
Victims Who Victimise, Mark A. Drumbl
Victims Who Victimise, Mark A. Drumbl
Scholarly Articles
How to speak of the agency of the oppressed to harm others in times of atrocity? This article juxtaposes Holocaust literature (Levi, Frankl, Kertesz, Ka-Tzetnik) with Holocaust judging (the Kapo collaborator trials in Israel). It does so didactically to interrogate international criminal law’s interaction with former child soldier Dominic Ongwen, currently awaiting trial at the International Criminal Court.
Transitional Justice Moments, Mark A. Drumbl
Transitional Justice Moments, Mark A. Drumbl
Scholarly Articles
Human rights are admittedly abstract but remain deeply personal. Often, however, it is easier for transitional justice to grapple with abstracted rights than it is to come to terms with actual human beings with all our indecision, nuance, resilience and unpredictability. A transitional justice brimming with abstractions and guidelines but that condescends flesh-and-blood beings quickly becomes ineffective and dehumanized. The vacillations of the human condition may well exasperate and confound, but they may also surprise and please. They may demonstrate growth and reveal great beauty. Senegalese writer Mariama Ba, in So Long a Letter, recounts how Ramatoulaye responds to …
Extracurricular International Criminal Law, Mark A. Drumbl
Extracurricular International Criminal Law, Mark A. Drumbl
Scholarly Articles
This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited capacity of international criminal courts and tribunals portends that domestic tort …