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作者:Ishii, Yurika
作者单位:National Defense Academy - Japan
摘要:On March 5, 2020, the Appeals Chamber of the International Criminal Court (ICC) decided to authorize the prosecutor to commence a proprio motu investigation into the alleged war crimes and crimes against humanity committed during the Afghanistan War since 2003. This decision is the first case where the requirements for the authorization of an investigation under Article 15(4) of the ICC Rome Statute (Statute) were tested on appeal. The case lays down a marker as to how the ICC sees the divisio...
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作者:Eichensehr, Kristen E.
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作者:Rose, Cecily
作者单位:Leiden University - Excl LUMC; Leiden University
摘要:On January 21, 2021, the European Court of Human Rights (ECtHR or Court) issued its judgment in the interstate case of Georgia v. Russia (II). Georgia complained that Russia committed systemic human rights violations in the course of the 2008 war in South Ossetia and Abkhazia. Both of these regions are de jure parts of Georgia, but they have not been effectively governed by central Georgian authorities since the collapse of the Soviet Union in 1991. During the night of August 7-8, 2008, Georgi...
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作者:Nagy, Csongor Istvan
作者单位:Szeged University
摘要:On October 6, 2020, the Court of Justice of the European Union (CJEU) handed down its judgment in Commission v. Hungary. It found that Hungary had violated the General Agreement on Trade in Services (GATS), as well as internal European Union law-specifically the EU Charter of Fundamental Rights (EU Charter). The case arose out of Hungary's 2017 amendment to its higher education law. The amendment imposed two novel requirements on foreign universities operating in Hungary. It barred any non-EU ...
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作者:Eichensehr, Kristen E.
作者单位:University of Virginia
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作者:Milanovic, Marko; Papic, Tatjana
作者单位:University of Nottingham
摘要:The judgment in Houngue eric Noudehouenou v. Republic of Benin adds to the growing body of human rights jurisprudence on national electoral processes in Africa's international courts. Houngue Noudehouenou's (Houngue) case was sparked by a series of amendments to the 1990 Constitution of the Republic of Benin (Benin), Law No. 2019-40 (Revised Constitution), and changes to Benin's electoral law (para. 1). Houngue argued that the cumulative effect of the amendments violated his right to stand for...
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作者:Kilovaty, Ido
作者单位:University of Tulsa
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作者:[Anonymous]
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作者:Pahis, Stratos
作者单位:New York University; Wake Forest University
摘要:Recent jurisdictional decisions suggest that sovereign debt will be subject to bilateral investment treaties (BITs) for the foreseeable future. This Article argues that applying BITs to sovereign bonds threatens to undermine the core economic function of those treaties by encouraging inefficient state and creditor behavior and raising the overall cost of sovereign debt. It further argues that this concern can be addressed through an interpretative approach that leads to the equal treatment of ...
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作者:Bates, Sebastian
作者单位:Yale University