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作者:Hillebrecht, Courtney; Huneeus, Alexandra; Borda, Sandra
作者单位:University of Nebraska System; University of Nebraska Lincoln; University of Wisconsin System; University of Wisconsin Madison
摘要:As international courts gain in influence, many worry that they will impoverish domestic politics that they will limit democratic deliberation, undermine domestic institutions, or even thwart crucial political initiatives such as efforts to make peace. Indeed, many states are in the midst of withdrawing, or actively considering withdrawal, from international commitments presided over by international courts. The Article focuses on the currently unfolding Colombian peace process, the first to b...
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作者:Smith, Crispin
作者单位:Harvard University
摘要:The Iraqi-Kurdish Peshmerga has become increasingly important in the coalition fighting the Islamic State of Iraq and Syria (ISIS). Despite its prominence, its legal status in international law can seem ill-understood. Conflicting statements from Kurdish and Iraqi officials, in addition to obfuscation and divergent understandings by states supplying the Peshmerga are the norm. In popular discourse the Peshmerga is generally treated as a separate Kurdish armed force, unrelated to Baghdad and th...
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作者:Koplow, David A.
作者单位:Georgetown University
摘要:The world is on the precipice of a new arms race in outer space, as China, Russia, the United States, and others undertake dramatic new initiatives in anti-satellite weaponry. These accelerated competitive efforts at space control are highly destabilizing because developed societies have come to depend so heavily upon satellite services to support the entire civilian economy and the modern military apparatus; any significant threat or disruption in the availability of space assets would be mas...
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作者:Brunnee, Jutta
作者单位:University of Toronto
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作者:Vordermayer, Markus
作者单位:University of Munich
摘要:The present Article discusses whether the notion of extraterritorial application of treaties, widely debated and disputed in the context of human rights treaties, is also a viable concept in the context of multilateral environmental agreements. This Article will explore whether there are specific elements governing an extraterritorial application of environmental treaties. While this question has not yet attracted much attention in the literature on international environmental law, it will be ...
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作者:Caruso, Daniela
作者单位:Boston University; Boston University
摘要:In private law theory and in international trade law alike, a new strand of scholarship has emerged in recent years. This strand is characterized by a focus on market actors who are excluded from deals struck by other parties and suffer economic hardship as a result. Scholars have also focused on doctrines and legal concepts apt to identify thisthis type of hardship and to provide non-parties with justiciable claims and remedies. Private-law and trade-law scholars involved in this mode of rese...
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作者:Garrod, Matthew
作者单位:University of Sussex
摘要:Since the 1980s, the idea that treaty obligations to extradite or prosecute embody, or even mandate, a principle of universal jurisdiction has increasingly been supported by weighty scholarship. Although this view has not gone unchallenged, especially in the wake of the ICJ's judgment in the Habre Case, it is gaining ground among various actors in the field of international law. Indeed, this case is increasingly discussed to support the argument that the ICJ affirmed the existence of the princ...
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作者:Greenawalt, Alexander K. A.
作者单位:Pace University
摘要:This Article confronts one of the most difficult and contested questions in the debate about targeted killing that has raged in academic and policy circles over the last decade. Suppose that, in wartime, the target of a military strike may readily be neutralized through nonlethal means such as capture. Do the attacking forces have an obligation to pursue that nonlethal alternative? The Article defends the duty to employ less restrictive means (LRM) in wartime, and it advances several novel arg...
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作者:Thoreson, Ryan
摘要:Each of the major human rights instruments from the Universal Declaration of Human Rights onwards has reserved the state's ability to curtail some rights in the name of interests in national security, public health, public order, and morals. These instruments do not define morals, however, and the growing recognition that sexual rights are human rights has made the deferential application of these limitation clauses increasingly untenable. As regional and international institutions struggle to...
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作者:Amirfar, Catherine; Singh, Ashika