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最新文章

• The Court and the World: An Interview with Associate Justice Stephen G. Breyer AI翻译
  作者：Severson, Daniel S.
• Judicial Lawmaking and General Principles of Law in International Criminal Law AI翻译
  作者：Jain, Neha
  作者单位：University of Minnesota System; University of Minnesota Twin Cities
  摘要：General principles of law are a primary mechanism for gap-filling in international criminal law. However, their interpretation by tribunals has been fitful, contradictory, and misguided. Given that general principles have been used to settle crucial legal issues that affect the rights of the accused, the confusion concerning their application threatens the legitimacy of international criminal justice. This Article critiques the various conceptions of general principles developed by scholars an...
• Global Emergency Power in the Age of Ebola AI翻译
  作者：Heath, J. Benton
  摘要：The gradual transfer of emergency power to the international level, as seen in the control of infectious disease outbreaks, creates new challenges for the legitimacy of global institutions. In particular, this Article contends, the expert nature of international bureaucracies fits awkwardly with the political decision making required of crisis managers, often producing decisions that appear neither scientifically nor politically justifiable. Worse, the ordinary deliberative mechanisms for smoo...
• The Challenge of Legitimacy in Sovereign Debt Restructuring AI翻译
  作者：Lienau, Odette
  作者单位：Cornell University
  摘要：Since the emergence of the post-World War II international economic system, policymakers have lamented the absence of a global sovereign debt restructuring mechanism. This disappointment has only intensified in recent. years, as the failure to provide prompt, comprehensive, and lasting debt relief becomes even more apparent. As a result, scholars and key international actors have argued for the development of a more coherent global approach to debt workouts. But to date this discussion lacks a...
• Limiting the Scope of the Foreign Sovereign Immunities Act After Zivotofsky II AI翻译
  作者：Tuninetti, Amanda
  作者单位：Harvard University
• International Law Constraints as Executive Power AI翻译
  作者：Ingber, Rebecca
  作者单位：Boston University
  摘要：The use of international law to understand domestic authority has a long pedigree. It is also the subject of heated debate, which focuses predominantly on the extent to which international law can or should serve as a limit on political actors, in particular the president, and the extent to which it can be invoked to expand our understanding of domestic individual rights. Yet there is another significant dynamic at work in this interplay between international and domestic law. This is the invo...