-
作者:Lanovoy, Vladyslav
-
作者:Liss, Ryan
作者单位:Western University (University of Western Ontario)
摘要:The scope of international criminal jurisdiction poses a fundamental challenge for criminal law theory. Prevailing justifications for the state's authority to punish crime assume the existence of connections between the state and either the criminal or the crime that are not always present in the international criminal context. Recognizing this gap, this Article introduces a new theory of what distinguishes international crimes from domestic crimes and justifies the unusual scope of internatio...
-
作者:[Anonymous]
-
作者:Kanetake, Machiko
作者单位:Utrecht University
摘要:The ruling of the Spanish Supreme Court in Judgment No. 1263/2018, recognizing, for the first time, the binding character of the Views of the Committee on the Elimination of Discrimination against Women (CEDAW Committee), augmented the normative authority of the Views of the human rights treaty monitoring body, not only at the domestic level, but also within the international legal sphere. In the Judgment, the Spanish highest court held that the government must comply with the Views of the CED...
-
作者:[Anonymous]
-
作者:Nyarko, Julian
作者单位:Columbia University
摘要:Scholars have argued that Senate-approved treaties are becoming increasingly irrelevant in the United States, because their role can be fulfilled by their close but less politically costly cousin, the congressional-executive agreement. This study demonstrates that treaties are more durable than congressional-executive agreements, supporting the view that there are qualitative differences between the two instruments. Abandoning the treaty may therefore lead to unintended consequences by decreas...
-
作者:Daugirdas, Kristina
作者单位:University of Michigan System; University of Michigan
摘要:As a disciplinarian of international organizations, reputation has serious shortcomings. Even though international organizations have strong incentives to maintain a good reputation, reputational concerns will sometimes fail to spur preventive or corrective action. Organizations have multiple audiences, so efforts to preserve a good reputation may pull organizations in many different directions, and steps taken to preserve a good reputation will not always be salutary. Recent incidents of sexu...
-
作者:Galbraith, Jean
-
作者:Melish, Tara J.
作者单位:State University of New York (SUNY) System; University at Buffalo, SUNY
-
作者:Galbraith, Jean
摘要:The Trump administration undertook a variety of actions related to the southern U.S. border in late 2018 and early 2019. Pointing to the progress of thousands of migrants traveling together from Central America to the U.S. border, President Trump deployed troops to the border and issued a proclamation providing that access to asylum would only be available at the southern border to those who entered through an authorized port of entry. Legal challenges to this proclamation and its implementati...