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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: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: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...