1,720,992 research outputs found
Of Fragmentation and Precedents in International Criminal Law: Possible Lessons from Recent Jurisprudence on Aiding and Abetting Liability
Get PDFAfter discussing the notion of ‘fragmentation’ and the value of using the metaphor in the context of ICL, the author turns to substantive criminal law to try and determine the correct actus reus of aiding and abetting liability in contemporary ICL, and to ask whether ‘specific direction’ has any role to play therein. He then addresses the more general problem of determining the role of coherence and consistency in the development of ICL, the function of precedents within and across international courts and tribunals, and the evolving role and function of customary international law in contemporary ICL to draw lessons for the International Criminal Court
The Challenges of Populism: What Role for International Law Scholars?
Get PDFTaking stock of the impact of economic and financial globalization on the growth of inequality within nations and the connected articulation of a variety of new political demands, this paper reflects on the significance of populist claims from an international law perspective. It identifies three challenges that populism poses to international lawyers and human rights activists. The first challenge concerns the threat to liberal democracy, charged with being unable to protect the interests and rights of the ‘real people’, as opposed to those of the elites. The second is the challenge to economic globalisation itself and the inequalities that it has brought about with all the ensuing consequences from a human rights perspective. The third may be defined as the challenge of ‘national populism’, which targets the international liberal order in the name of a parochial version of national sovereignty. It argues that the complexity of these challenges poses not only practical but also theoretical problems concerning, inter alia, the philosophy of international law and the function of international lawyers in the twenty-first century
The ICTY Appeals Chamber’s Nikolić Decision on Legality of Arrest: Can an International Criminal Court Assert Jurisdiction over Illegally Seized Offenders?
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The Transformation of Occupied Territory in International Law
Get PDFThis volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council. A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts
Notable Cases of the European Court of Human Rights on the Right to Life
Get PDFSince its inception, the European Court of Human Rights has been at the forefront of the interpretative effort to clarify and develop human rights law in controversial factual and political contexts. Given this role, this book discusses some of the most important decisions the Court has issued on the right to life under Article 2 of the European Convention on Human Rights and includes a critical analysis of the judicial developments linked to those judgments. To students, the book offers an instructive resource on cases and international norms relating to the right to life. It achieves this through a methodology that prioritises reading primary sources, studying law in concreto by testing it against the facts to which it applies, and stimulating curiosity in the process of learning how to learn. To scholars and practitioners, it provides a tool to appraise the contribution of the Strasbourg jurisprudence to the human right to life and to identify the work that remains to be done
Sul rapporto fra diritto all’autodeterminazione dei popoli e secessione in margine al parere della Corte internazionale di giustizia riguardante il Kosovo
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Uses and possible misuses of a Comparative International Law approach
Get PDFShould international lawyers embrace the Comparative International Law project (CIL)? One can readily with the noble aspiration to renew international law and to deal more effectively with the challenges of our times and on the need to engagein a more constructive and effective communication among international lawyers of different origins and backgrounds. Still, the complexity and the breadth of the CIL project as both a legal and a political tool commands a more nuanced response. To this end, this paper is divided in three parts. First, it illustrates the theoretical and factual basis underlying the CIL project. Second, it provides an overview of the function(s) that comparative law currently plays in different branches of public international law and asks in what way a more robust turn to comparative law than is currently in place may enrich international law. Third, it reflects on the relationship between the CIL approach and the existing system of international law as a set of primary and secondary rules
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