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• Mercenarism 2.0? The rise of the modern private security industry and its implications for international humanitarian law enforcement AI翻译
  作者：Gaston, E. L.
  作者单位：Harvard University
  摘要：In response to reports of frequent criminal misconduct, aggressive behavior, and human rights abuses committed with impunity by private contractors in Iraq and Afghanistan, some have argued that private military and security companies (PMSCs) are no more than modern mercenaries, and that they should therefore be banned under the standing international prohibition on mercenarism. However, the existing instruments prohibiting mercenarism would be difficult to apply to most PMSCs, making it easy ...
• The new innovation frontier? Intellectual property and the European Court of Human Rights AI翻译
  作者：Helfer, Laurence R.
  作者单位：Vanderbilt University
  摘要：This article provides the first comprehensive analysis of the intellectual property case law of the European Court of Human Rights (ECHR). Within the last three years, the ECHR has issued a trio of intellectual property rulings interpreting the right of property protected by the European Convention on Human Rights, These decisions, which view intellectual property through the tens of fundamental rights, have important consequences for the region's innovation and creativity policies. The cases ...
• From odious debt to odious finance: Avoiding the externalities of a functional odious debt doctrine AI翻译
  作者：Ochoa, Christiana
  作者单位：Indiana University System; Indiana University Bloomington; University of Michigan System; University of Michigan
  摘要：The odious debt doctrine, which holds that in some cases, successor governments should not be responsible for the debts incurred by previous despotic rule, has limped along in the legal imagination for over a hundred years. Recently, however, legal theorists and practitioners have attempted to define the contours of this controversial concept. This article investigates the contents of the odious debt doctrine to query what characteristics make debt odious rather than simply onerous. It then ar...
• Proactive complementarity: The International Criminal Court and national courts in the Rome system of international justice AI翻译
  作者：Burke-White, William W.
  作者单位：University of Pennsylvania
  摘要：When the International Criminal Court (ICC or Court) was established in 2002, states, nongovernmental organizations (NGOs), and the international community bad extraordinarily high expectations that the Court would bring an end to impunity and provide broad-based accountability for international crimes. Nearly five years later, those expectations remain largely unfulfilled due to political constraints, resource limitations, and the limited ability of the ICC to apprehend suspects. This article...