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作者:Mortenson, Julian Davis
摘要:Tribunals have sharply curtailed the categories of investment eligible for protection under international investment law's keystone treaty. the ICSID Convention. This Article urges them to reverse that trend and recognize that ICSID has jurisdiction over arty plausibly economic asset or activity. Tribunals' sudden constriction of what constitutes investment arises in the first instance from a widespread historical misunderstanding. Commentators have commonly acted as though the Convention's em...
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作者:Dannenbaum, Tom
作者单位:Yale University; Princeton University
摘要:When United Nations peacekeepers violate human rights. they do immeasurable damage to their victims, their missions, and themselves. Reparation for these wrongs is essential for both rebuilding the trust that is needed for effective peacekeeping and affirming the human dignity of those who stiffer the abuse. However, because of the unique status of peacekeepers as both troops in their respective national services and members of an international U.N. force, the question of which entity is liabl...
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作者:Ohlin, Jens David
作者单位:Cornell University
摘要:One of the longest shadows cast by the Bush Administration's War on Terror involves the fate of the torture lawyers who authored or signed memoranda regarding torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following Article suggests that their fate implicates some of the deepest questions of criminal law theory and that resolution of the debate requires a fundamental reorientation of the most...
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作者:de Burca, Grainne
作者单位:Fordham University
摘要:This Article examines the response of European courts-and in particular of the European Court of Justice (ECJ)-to the dramatic challenges to the U.N. Security Council's anti-terrorist sanctions regime recently brought before the courts. The ECJ in Kadi annulled the European Community's implementation of the Security Council's asset-freezing resolutions on the ground that they violated European Union (EU) norms of fair procedure and of property protection. Although Kadi has been warmly greeted ...
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作者:Woods, Andrew K.
作者单位:University of Cambridge
摘要:For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period., social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism-especially behavioral insights about social inf...