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作者:Paddeu, Federica; Waibel, Michael
作者单位:University of Cambridge; University of Vienna
摘要:This Essay considers how adjudicators could determine the end of the SARS-Cov-2 pandemic. Considerable work examines the beginning and existence of pandemics and emergencies. By contrast, when either of these two phenomena end remains underexplored-creating legal uncertainty. This Essay reviews how pandemics as biological and social events end, considers how international bodies have approached the end of emergencies, and assesses what this might mean for adjudicators deciding on the end of th...
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作者:Boon, Kristen
作者单位:Seton Hall University
摘要:The July 2019 decision of the Supreme Court of the Netherlands constitutes the final act of a long litigation arising from the July 1995 genocide in Srebrenica. After Bosnian Serb militias attacked the safe area of Srebrenica, members of the Dutch battalion (Dutchbat), which was responsible for safeguarding the enclave under a UN mandate, permitted between 8,000 and 10,000 men and boys to be taken away by Bosnian Serb forces. Those men and boys were eventually killed by forces commanded by Gen...
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作者:Ginsburg, Tom
作者单位:University of Chicago; University of Chicago
摘要:International law, though formally neutral among regime types, has mainly been a product of liberal democracies since World War II. In light of recent challenges to the liberal international order, this Article asks, what would international law look like in an increasingly authoritarian world? As compared with democratic countries, authoritarians emphasize looser cooperation, negotiated settlements, and rules that reinforce regime survival. This raises the possibility of authoritarian interna...
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作者:Bradlow, Daniel D.; Park, Stephen Kim
作者单位:University of Pretoria; American University; University of Connecticut; University of Connecticut
摘要:The COVID-19 pandemic highlights the importance of the Federal Reserve as a leading actor in global economic governance. As a creature of U.S. domestic law with an international presence and operational independence, the Fed wields authority without a well-defined international legal status, international legal standards to guide its conduct, or accountability to those around the world affected by its decisions. This Essay explores three conceptual approaches that could be used to develop norm...
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作者:Paparinskis, Martins
作者单位:University of London; University College London
摘要:The current (once) international law of state responsibility is shaped by the International Law Commission's Articles on responsibility of States for internationally wrongful acts, generally endorsed in state and judicial practice as consonant with custom. This Essay makes the case that the global pandemic and associated practice may affect foundational elements of the (future) law of state responsibility. It outlines the contours of systemic grain of possible developments by reference to the ...
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作者:Chalmers, Damian
作者单位:National University of Singapore
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作者:Galbraith, Jean
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作者:Benvenisti, Eyal
作者单位:University of Cambridge; University of Cambridge; Hebrew University of Jerusalem
摘要:In this Essay, I argue that the World Health Organization (WHO) has not been equipped with the necessary authority to adequately fulfill its mission. The WHO was built on the mistaken assumption that attaining adequate global health is a matter of high-level coordination. However, the challenge of global health governance is, crucially, also one of complex political cooperation. I distinguish between different types of cooperation problems faced by the WHO and explain why achieving global heal...
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作者:Butler, Jay
作者单位:William & Mary
摘要:In transborder environmental protection, territorial disputes, internet governance, anticorruption, international human rights, and humanitarian law, private businesses are increasingly supporting the implementation and enforcement of international law. This Article analyzes the various ways that corporate decision making contributes to this phenomenon, and assesses its prospects for enhancing international law's existing enforcement paradigms. In doing so, the Article opens new ground for sch...
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作者:Dickinson, Laura
作者单位:George Washington University