Abusing The Authority Of The State: Denying Foreign Official Immunity For Egregious Human Rights Abuses,
2011
Vanderbilt University Law School
Abusing The Authority Of The State: Denying Foreign Official Immunity For Egregious Human Rights Abuses, Beth Stephens
Vanderbilt Journal of Transnational Law
Government officials accused of human rights abuses often claim that they are protected by state immunity because only the state can be held responsible for acts committed by its officials. This claim to immunity is founded on two interrelated errors. First, the post-World War II human rights transformation of international law has rendered obsolete the view that a state can protect its own officials from accountability for human rights violations. Second, officials can be held individually responsible for their own actions even when international law also holds the states liable for those acts. This Article begins with an analysis of …
Italian Judges' Point Of View On Foreign States' Immunity,
2011
Vanderbilt University Law School
Italian Judges' Point Of View On Foreign States' Immunity, Elena Sciso
Vanderbilt Journal of Transnational Law
The Article gives an account of the most recent Italian practice as regarding foreign states' immunity from the jurisdiction of the forum state. In the absence of domestic laws regulating the matter, Italian courts thus far have been directly applying international customary law, making recourse to a progressive interpretation of international rules. In the past, Italian judicial practice together with the Belgian one gave a great contribution to the consolidation of the restrictive immunity theory. In the last few years, Italian courts have lifted immunity with respect to acts of a foreign state qualified as "acta iure imperii" in civil …
Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium,
2011
Saint Louis University School of Law
Should Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
All Faculty Scholarship
This article discusses the Belgian jury system and the decision in Taxquet v. Belgium and then explores to what extent a requirement of reasoned judgments will affect the survival of European juries. It focuses on Spain, where the jury is required to give reasons for its verdicts, and where a lively high-court jurisprudence has developed addressing the quality and sufficiency of jury reasons. This article suggests that it might be appropriate for jury courts in the United States to in some way justify their decision of guilt, in order to minimize the amount of completely innocent persons who have been …
Universal Exceptionalism In International Law,
2011
Columbia Law School
Universal Exceptionalism In International Law, Anu Bradford, Eric A. Posner
Faculty Scholarship
A trope of international law scholarship is that the United States is an "exceptionalist" nation, one that takes a distinctive (frequently hostile, unilateralist, or hypocritical) stance toward international law. However, all major powers are similarly "exceptionalist," in the sense that they take distinctive approaches to international law that reflect their values and interests. We illustrate these arguments with discussions of China, the European Union, and the United States. Charges of international-law exceptionalism betray an undefended assumption that one particular view of international law (for scholars, usually the European view) is universally valid.
What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?,
2011
Case Western Reserve University School of Law
What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?, Rizwan Chowdhry
War Crimes Memoranda
No abstract provided.
Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz
War Crimes Memoranda
No abstract provided.
Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?,
2011
Case Western Reserve University School of Law
Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp
War Crimes Memoranda
No abstract provided.
Can States Exercise Universal Jurisdiction Over Non-National Pirates Captured On The High Seas?,
2011
Case Western Reserve University School of Law
Can States Exercise Universal Jurisdiction Over Non-National Pirates Captured On The High Seas?, Baker & Mckenzie Llp
War Crimes Memoranda
No abstract provided.
If Piracy Suspects Are Seriously Mistreated By The Capturing Authorities Before Being Handed Over To A Third State Or An International Tribunal For Trial, Would International Standards Of Justice Require That The Case Be Dismissed?,
2011
Case Western Reserve University School of Law
If Piracy Suspects Are Seriously Mistreated By The Capturing Authorities Before Being Handed Over To A Third State Or An International Tribunal For Trial, Would International Standards Of Justice Require That The Case Be Dismissed?, Baker & Mckenzie Llp
War Crimes Memoranda
No abstract provided.
Under International Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?,
2011
Case Western Reserve University School of Law
Under International Law, What Conventions Or Customary International Law Best Address Modern Acts Of Piracy?, Baker & Mckenzie Llp
War Crimes Memoranda
No abstract provided.
Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?,
2011
Case Western Reserve University School of Law
Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp
War Crimes Memoranda
No abstract provided.
What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?,
2011
Case Western Reserve University School of Law
What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp
War Crimes Memoranda
No abstract provided.
Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?,
2011
Case Western Reserve University School of Law
Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards
War Crimes Memoranda
No abstract provided.
In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?,
2011
Case Western Reserve University School of Law
In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards
War Crimes Memoranda
No abstract provided.
Prosecuting Child Pirates,
2011
Case Western Reserve University School of Law
Use Of Force By Private Contractors Against Somali Pirates,
2011
Case Western Reserve University School of Law
Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg
War Crimes Memoranda
No abstract provided.
Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009),
2011
Case Western Reserve University School of Law
Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg
War Crimes Memoranda
No abstract provided.
Domestic Incorporation Of International Law: Comparative State Practice,
2011
Case Western Reserve University School of Law
Domestic Incorporation Of International Law: Comparative State Practice, Pilpg
War Crimes Memoranda
No abstract provided.
Payment Of Piracy Ransoms,
2011
Case Western Reserve University School of Law
'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations,
2011
American University Washington College of Law
'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
This essay is a contribution to a symposium on international NGO accountability. It distinguishes between "internal" accountability for NGOs (fiduciary standards, fiscal and internal governance controls, etc.) and "external" accountability (the legitimacy with which they act in the international world, and the legitimacy which they confer upon others, and why). The essay focuses upon the latter, external accountability, and argues that the transformation of international NGOs into "global civil society" signaled an ideological move with regards to legitimacy in the global community, one which asserted claims of "representativeness" and not merely interest or expertise. The essay criticizes this legitimacy move, …
