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作者:Trachtman, Joel P.
摘要:Free trade and national environmental protection measures are not always consistent. Yet, the parties to the WTO decided, and committed in WTO law, that even where a national environmental protection measure would otherwise violate a free trade rule of the GATT or GATS, the national environmental measure would generally be permitted, subject to certain conditions. It is important to recognize that member states of the WTO were serious both about allowing great flexibility for national environm...
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作者:Heller, Kevin Jon
作者单位:University of Amsterdam; University of London; University of London School Oriental & African Studies (SOAS)
摘要:The question what is an international crime? has two aspects. First, it asks us to identify which acts qualify as international crimes. Second, and more fundamentally, it asks us to identify what is distinctive about an international crime. Some disagreement exists concerning the first issue, particularly with regard to torture and terrorism. But nearly all states, international tribunals, and ICL scholars take the same position concerning the second issue, insisting that an act qualifies as a...
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作者:Smith, Ann
作者单位:Harvard University
摘要:In recent years, international adoption has faced increasing criticism for the presence of humanitarian aid that flows through the system. Critics argue that the presence of humanitarian aid corrupts the process, and distorts the priorities of nations to search for domestic placement for children first, as required by many international conventions. This Note explores these ideas by examining the extent of international aid that flows through the system, but also the tools available to curb ab...
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作者:Mitchell, Ryan
作者单位:Chinese University of Hong Kong
摘要:Realist critical views on international law discount the idea that external norms determine the behavior and objectives of states. However, they risk replicating the very positions they criticize as a result of two errors. First, they frequently assume that legal norms have clear and uncontested meanings that all observers will agree upon. Second, they assume the preexistence of the state as a rational, self-interested actor. Where interests overlap with norms, then, states will presumably com...
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作者:Vadi, Valentina
作者单位:Lancaster University
摘要:The history of international law has recently come to the forefront of legal debate. Broadly defined as the field of study that examines the evolution of public international law and investigates state practice, the development of given legal concepts and theories, and the life and work of its makers, in recent years, the history of international law has attracted growing attention. Despite this flourishing, the history of international law is still in search of a proper methodology. Two cultu...