作者:Jain, Neha
作者单位:University of Minnesota System; University of Minnesota Twin Cities; European University Institute; European University Institute
摘要:Having recently emerged from its unenviable status as the runt of international law, the phenomenon of statelessness nonetheless eludes traditional international legal instruments. Confronted with questions of nationality that typically fall within the domain of sovereignty, international and regional human rights bodies struggle to rein in the increasingly creative measures that states adopt to obscure the production and persistence of statelessness. This Article uncovers and dissects the dif...
作者:Foster, Michelle
作者单位:University of Melbourne
作者:Jia, Bing Bing; Yu Mincai, Jia
作者:Dunoff, Jeffrey L.; Pollack, Mark A.
作者单位:Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University; Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University
摘要:This Article analyzes long-standing disagreements over dissent's effect on judicial legitimacy, independence, and legal doctrine by undertaking the first comparative study of dissent practices across three leading tribunals, the International Court of Justice, the European Court of Human Rights, and the European Court of Justice. Surprisingly, we find that each of the central claims in debates over dissent at international courts is mistaken. We find that the presence of dissents has little sy...