作者:Saunders, Anna
作者单位:University of London; University College London
摘要:Over the last three decades, international lawyers and institutions have come to understand constitution-making as an accepted technique of international law and a means of delivering peace and security. In defending this technique from its critics, scholars have drawn on a particular tradition of constitution-making that understands constitutionalism as a lawful form of international action, realizable through a set of formal practices, and juridically distinct from material concerns. This Ar...
作者:Sadat, Leila Nadya
作者单位:George Washington University
作者:Lang, Andrej
摘要:The temporary golden age of international courts is likely over. States seeking to provide oversight mechanisms and individual remedies at the international level are likely to opt for less intrusive and more flexible alternatives to adjudication. This Article analyzes the phenomenon of international complaint mechanisms through a detailed case study of the Ombudsperson to the ISIL and Al-Qaida sanctions regime. The analysis reveals an in-built tension between principle and pragmatism: the Omb...
作者:Helfer, Laurence R.; Rose, Cecily; Brewster, Rachel
作者单位:Duke University; University of Copenhagen; Leiden University; Leiden University - Excl LUMC
摘要:Asset recovery is a fundamental principle of anti-corruption law, without which the financial damage from corruption cannot be repaired. Yet recovering assets is notoriously difficult and time-consuming, and the United Nations Convention Against Corruption provides little technical or institutional support to facilitate such returns. To remedy this, we propose the creation of a transnational asset recovery mechanism that could provide myriad services to states upon request, including gathering...