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The Killing Of Soleimani And International Law, Mary Ellen O'Connell 2020 Notre Dame Law School

The Killing Of Soleimani And International Law, Mary Ellen O'Connell

NDLS in the News

On 3 January, missiles launched from a United States Reaper drone struck two vehicles leaving Baghdad’s international airport. At least seven people died in the attack, including the commander of Iran’s Quds force, General Qassem Soleimani. On 5 January, Iranian Major General Hossein Dehghan, reported to be the military adviser to Iran’s Supreme Leader, gave an exclusive interview to CNN and said Iran “would retaliate directly against US ‘military sites.’”


Twelve Key Questions On Self-Defense Against Non-State Actors, Terry D. Gill, Kinga Tibori-Szabó 2020 University of Amsterdam

Twelve Key Questions On Self-Defense Against Non-State Actors, Terry D. Gill, Kinga Tibori-Szabó

International Law Studies

This article examines the most pertinent questions relating to the applicability of the right of self-defense to attacks conducted by non-State armed groups (NSAGs) acting independently of State control from the territory of one or more States against the territory of another State. These questions are approached from the perspective of legality (does the right of self-defense apply to attacks not mounted by or under the control of a State) and modality (assuming the applicability of self-defense to such attacks; how do the principles of necessity, proportionality and immediacy affect its application)? Starting with an assessment of the place of …


On The Issue Of Increasing The Position Of The Republic Of Uzbekistan In International Ratings And Indices, I. A. Xamedov 2020 University of World Economics & Diplomacy

On The Issue Of Increasing The Position Of The Republic Of Uzbekistan In International Ratings And Indices, I. A. Xamedov

International Relations: Politics, Economics, Law

The article discusses measures to create a favorable investment climate, improve the business environment and improve the position of the Republic of Uzbekistan in the international Doing Business index.


Succession Issues For Uzbekistan In Relation To Treaties Of The Predecessor State, R. T. Xakimov 2020 University of World Economics & Diplomacy

Succession Issues For Uzbekistan In Relation To Treaties Of The Predecessor State, R. T. Xakimov

International Relations: Politics, Economics, Law

Аuthor analysis and gives new comprehension of contemporary problems of states succession in international law, elaboration of recommendations to improve legislation in force both on international and national levels etc. In legal sciences of the Republic of Uzbekistan it was the first attempt undertaken to explore the contemporary trends in theory and practices regarding the settlement of modern issues of the succession of states and its application in international law. The example of Uzbekistan was also analyzed.


Expansion Of The Activities Of Consular Offices To Attract Foreign Investment, Advanced Modern Technologies And Scientific Achievements, As Well As Expanding The Flow Of Tourists To The Republic Of Uzbekistan, A. K. Akhmedkhodjayev 2020 The Republican Scientific and Practical Center for the Development of Innovative Methods of Teaching Foreign Languages

Expansion Of The Activities Of Consular Offices To Attract Foreign Investment, Advanced Modern Technologies And Scientific Achievements, As Well As Expanding The Flow Of Tourists To The Republic Of Uzbekistan, A. K. Akhmedkhodjayev

International Relations: Politics, Economics, Law

This article presents an objective analysis of the system of consular offices of the Republic of Uzbekistan, a unified system, the legal framework of its activities, the main directions of its activities and its role in the currently changing system of international relations, as well as efforts to support the economy of Uzbekistan. As part of the study, institutional proposals were put forward to strengthen the consular posts of the Republic of Uzbekistan.


Covid-19 And Its Impact In The United States And European Union: A Tool To Circumvent Refugee Protection?, Marta Crebelli 2020 Nova Southeastern University

Covid-19 And Its Impact In The United States And European Union: A Tool To Circumvent Refugee Protection?, Marta Crebelli

ILSA Journal of International & Comparative Law

No abstract provided.


Where There Is A Will, There Is No Way: Covid-19 And A Case For The Recognition Of E-Wills In India And Other Common Law Jurisdictions, Naman Anand, Dikshi Arora 2020 Nova Southeastern University

Where There Is A Will, There Is No Way: Covid-19 And A Case For The Recognition Of E-Wills In India And Other Common Law Jurisdictions, Naman Anand, Dikshi Arora

ILSA Journal of International & Comparative Law

No abstract provided.


Ilsa Journal Of International And Comparative Law, 2020 Nova Southeastern University

Ilsa Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


The Pandemic Paradox In International Law, Peter G. Danchin, Jeremy Farrall, Shruti Rana, Imogen Saunders 2020 University of Maryland Francis King Carey School of Law

The Pandemic Paradox In International Law, Peter G. Danchin, Jeremy Farrall, Shruti Rana, Imogen Saunders

Faculty Scholarship

No abstract provided.


Navigating The Backlash Against Global Law And Institutions, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, Shruti Rana, Imogen Saunders, Daan Verhoeven 2020 University of Maryland Francis King Carey School of Law

Navigating The Backlash Against Global Law And Institutions, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, Shruti Rana, Imogen Saunders, Daan Verhoeven

Faculty Scholarship

No abstract provided.


Children In Armed Conflict, In The Oxford Handbook Of Children’S Rights Law (Jonathan Todres & Shani M. King Eds., 2020), Mark A. Drumbl 2020 Washington and Lee University School of Law

Children In Armed Conflict, In The Oxford Handbook Of Children’S Rights Law (Jonathan Todres & Shani M. King Eds., 2020), Mark A. Drumbl

Books and Chapters

This chapter addresses a particularly vulnerable population of children, namely, children associated with armed forces or armed groups. These children are colloquially known as child soldiers. This chapter begins by surveying the prevalence of child soldiering globally. It then sets out the considerable amount of international law that addresses children in armed conflict, in particular, the law that allocates responsibility for child soldiering and the law that sets out the responsibility of child soldiers for their conduct. The chapter identifies significant gaps between the law and the securing of positive outcomes for former child soldiers, notably when it comes to …


Fifty States, But No Room For The Stateless, In Atlas Of The Stateless: Facts And Figures About Exclusion And Displacement (Ulrike Lauerhass Et Al. Eds, 2020), David C. Baluarte 2020 Washington and Lee University School of Law

Fifty States, But No Room For The Stateless, In Atlas Of The Stateless: Facts And Figures About Exclusion And Displacement (Ulrike Lauerhass Et Al. Eds, 2020), David C. Baluarte

Books and Chapters

“Give me your tired, your poor / Your huddled masses yearning to breathe free...” says a plaque on the Statue of Liberty in New York. Since its founding, the United States has welcomed immigrants and has granted them citizenship. Their children born on American soil automatically become US nationals. The current US administration is trying to overturn this proud tradition.


Post-Genocide Justice In Rwanda, Mark A. Drumbl 2020 Washington and Lee University School of Law

Post-Genocide Justice In Rwanda, Mark A. Drumbl

Scholarly Articles

The Rwandan genocide triggered a vast number of criminal and quasi-criminal prosecutions. Rwanda therefore constitutes an example of a robust and rapid implementation of criminal accountability for atrocity. Rwanda, moreover, departed from other countries – such as South Africa – by eschewing a truth and reconciliation process as part of a transitional justice process. This chapter unpacks three levels of judicialization that promoted criminal responsibility for atrocity in Rwanda: the ICTR, specialized chambers of national courts, and gacaca proceedings. The ICTR indicted roughly 90 individuals, the national courts convicted in the area of 10,000 defendants (with some proceedings remaining ongoing), …


Protecting Stateless Refugees In The United States, David Baluarte 2020 Washington and Lee University School of Law

Protecting Stateless Refugees In The United States, David Baluarte

Scholarly Articles

This article proposes a more complete and nuanced consideration of statelessness in asylum adjudication procedures in the United States and the possibility of reopening previously denied asylum claims for this purpose. The article proceeds in four parts, beginning with a discussion of statelessness in the United States. Next, the article describes the international protection frameworks for both refugees and stateless persons and identifies important points of intersection between these frameworks. Then the article argues that discriminatory denationalization that renders a person stateless triggers refugee protection, thereby making victims of such deprivation eligible for asylum in the United States. The article …


Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte 2020 Washington and Lee University School of Law

Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte

Scholarly Articles

The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …


Is It Time For Global Justice? International Human Rights And Wrongs In The 21st Century, Christopher J. Whelan 2020 Washington and Lee University School of Law

Is It Time For Global Justice? International Human Rights And Wrongs In The 21st Century, Christopher J. Whelan

Scholarly Articles

Human rights are controversial, yet the question posed in this Article – “is it time for Global Justice?” – begs several, critical, questions which must be addressed first. If humans disagree on which rights should be universal; if human rights are “little more than thistledown, springing up at random and blowing away as time’s whirligig spins,” then how on earth can there be international human rights?


Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini 2020 University of Siena

Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini

Intercultural Human Rights Law Review

Since the XIXth Century, implied (unenumerated) rights have been widely recognized by the courts of several countries with the purpose of addressing the shortcomings existing in national constitutions with respect to the protection of the fundamental rights and freedoms of the human person. In the last decades, such a trend has been emulated by international human rights treaty bodies and regional courts, which use implied human rights to fill the gaps existing in human rights instruments. This practice increases the level of protection afforded to individuals and communities, achieving the goal of guaranteeing effectiveness of human rights.


Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori 2020 Touro University Jacob D. Fuchsberg Law Center

Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori

Touro Law Review

No abstract provided.


Digitalisation And Its Impact On Innovation, Maurice E. Stucke, Ariel Ezrachi 2020 University of Tennessee College of Law

Digitalisation And Its Impact On Innovation, Maurice E. Stucke, Ariel Ezrachi

Scholarly Works

Innovation is generally seen as good. Promoting innovation especially in the digital economy is often deemed vital. Increasing the level of innovation, after all, can promote sustainable development, economic growth, prosperity, and citizens’ overall welfare. So how can policy makers spur innovation in the digital economy? While there is no simple recipe, this study explores the interplay between innovation and the digital economy from the following seven angles: 1. Theoretical economic literature; 2. Macro view of current innovation levels; 3. Emerging trends in the digital economy; 4. Implications of sub-optimal innovation levels; 5. Variables that affect the supply of innovation; …


Masthead, 2020 UC Law SF

Masthead

UC Law SF International Law Review

No abstract provided.


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