-
作者:Bradley, Curtis A.
作者单位:Duke University
摘要:For more than a decade, U.S. courts have struggled to develop a common law immunity regime to govern suits brought against foreign government officials, and they are now divided on a number of issues, including the extent to which they should defer to the executive branch and whether to recognize a jus cogens exception. This Editorial Comment considers a more conceptual division in the courts, between an effect-of-judgment approach that would confer immunity only when the judgment that the pla...
-
作者:Van Schaack, Beth
作者单位:Stanford University
-
作者:[Anonymous]
-
作者:Mcgarry, Brian
作者单位:Leiden University - Excl LUMC; Leiden University
-
作者:Zhou, Weihuan; Peng, Delei
作者单位:East China University of Science & Technology
-
作者:Mollengarden, Zachary; Zamir, Noam
摘要:In The Case of the Monetary Gold Removed from Rome in 1943, the International Court of Justice concluded that it cannot decide a dispute in which a third party's legal interests would form the very subject-matter of the decision. This Article argues that what has become known as the Monetary Gold principle conflicts with the Court's obligation to decide cases submitted by consenting parties and should be abandoned.
-
作者:Chimni, B. S.
作者单位:O.P. Jindal Global University
-
作者:[Anonymous]
-
作者:Helfer, Laurence R.
作者单位:Duke University
摘要:Numerous governments have responded to the COVID-19 pandemic by declaring states of emergency and restricting individual liberties protected by international law. However, many more states have adopted emergency measures than have formally derogated from human rights conventions. This Editorial Comment critically evaluates the existing system of human rights treaty derogations. It analyzes the system's problems, identifies recent developments that have exacerbated these problems, and proposes ...
-
作者:Richardson, Henry J., III