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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; Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University
摘要:International tribunals confront a Judicial Trilemma. More specifically the states that design, and the judges that serve on, international courts face an interlocking series of tradeoffs among three core values: (1) judicial independence, the freedom of judges to decide cases on the facts and the law; (2) judicial accountability, structural checks on judicial authority found most prominently in international courts in reappointment and reelection processes; and (3) judicial transparency, mech...
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作者:Baumert, Kevin A.
摘要:Seldom has an apparent major change in international law been accomplished by peaceful means more rapidly and amidst more general acquiescence and approval, Lauterpacht observed of continental shelf claims nearly seventy years ago. When considered today, this observation merits a caveat, as the question of how far the continental shelf extends into the sea is not yet fully settled. This article explores the customary international law applicable for determining continental shelf limits and als...
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作者:Donaldson, Megan
作者单位:University of Cambridge; University of Cambridge
摘要:This article offers the first detailed history of the norm of treaty publication as it has evolved over the last century. Drawing on both public debates and archives of foreign ministries, it traces how, and why, secret treaties have persisted, even in liberal democracies. It challenges assumptions of ever-greater transparency over time, and complicates the associations made-by interwar reformers and international lawyers today-between the norm of treaty publication and ideals of legality in t...
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作者:Hakimi, Monica
作者单位:University of Michigan System; University of Michigan
摘要:Special Tribunal for Lebanon decision on corporate criminal responsibility for contemptuous interference with the administration of justice by publishing information on confidential witnesses
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作者:Lixinski, Lucas
作者单位:University of New South Wales Sydney
摘要:Inter-American Court of Human Rights judgment on entitlement of indigenous groups to recognition and protection of legal personality and collective property rights
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作者:[Anonymous]
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作者:Glucksmann, Eloise
作者单位:Universite Paris-Pantheon-Assas
摘要:The law in France regarding waivers of foreign state (or sovereign) immunity from execution of judicial judgments (based largely on consideration of international law principles) has recently undergone significant developments. Previously, French case law had required a foreign state's waiver of immunity from execution to be both express and specific to consider valid the attachment of foreign state property allocated to public services (including bank accounts used for the functioning of both...
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作者:[Anonymous]
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作者:[Anonymous]
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作者:Dancy, Geoff; Montal, Florencia
作者单位:Tulane University; University of Minnesota System; University of Minnesota Twin Cities