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作者：Gaston, E. L.
作者单位：Harvard University
摘要：In response to reports of frequent criminal misconduct, aggressive behavior, and human rights abuses committed with impunity by private contractors in Iraq and Afghanistan, some have argued that private military and security companies (PMSCs) are no more than modern mercenaries, and that they should therefore be banned under the standing international prohibition on mercenarism. However, the existing instruments prohibiting mercenarism would be difficult to apply to most PMSCs, making it easy ...
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作者：Helfer, Laurence R.
作者单位：Vanderbilt University
摘要：This article provides the first comprehensive analysis of the intellectual property case law of the European Court of Human Rights (ECHR). Within the last three years, the ECHR has issued a trio of intellectual property rulings interpreting the right of property protected by the European Convention on Human Rights, These decisions, which view intellectual property through the tens of fundamental rights, have important consequences for the region's innovation and creativity policies. The cases ...
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作者：Ochoa, Christiana
作者单位：Indiana University System; Indiana University Bloomington; University of Michigan System; University of Michigan
摘要：The odious debt doctrine, which holds that in some cases, successor governments should not be responsible for the debts incurred by previous despotic rule, has limped along in the legal imagination for over a hundred years. Recently, however, legal theorists and practitioners have attempted to define the contours of this controversial concept. This article investigates the contents of the odious debt doctrine to query what characteristics make debt odious rather than simply onerous. It then ar...
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作者：Blum, Gabriella
作者单位：Harvard University
摘要：This paper studies the different roles, impact, and operation of bilateral treaties and multilateral treaties as structures within the architecture of international law. I observe that the preference for bilateralism or multilateralism in international lawmaking is often determined not by an informed choice but by an instinctive association of political schools or bureaucratic affiliations with different forms of international regulation. This association, however, is not always founded on a j...
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作者：Gadinis, Stavros
作者单位：Harvard University
摘要：Polity coordination between diverse regulatory regimes in financial services ranks highly on the international political agenda because regulatory differences create impediments to growing financial activity. Efficiency-oriented theories fail to explain why coordination was achieved in some domains but not in others, while arguments linking coordination to similarities or differences in states' substantive policy goals cannot account for coordination progress in spite of vast differences in pr...
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作者：Brilmayer, Lea; Chepiga, Geoffrey
作者单位：Yale University
摘要：This article argues that if and when recovery is possible for civilian property illegally destroyed during war-and there are reasons to believe that it is becoming an ever more realistic possibility-then damages should reflect not just the replacement value or market value of the items destroyed, but rather the humanitarian value, or what we refer to as the civilian use value. Food, medicine, and clothing should he compensated at higher levels, and according to a different calculus, than jewel...
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作者：Danchin, Peter G.
作者单位：University System of Maryland; University of Maryland Baltimore
摘要：The case of proselytism presents a tangle of competing claims: on the one hand, the rights of Proselytizers to free exercise of religion and freedom of speech; on the other hand, the rights of targets of Proselytism to change their religion, peacefully to have or to maintain a particular religious tradition, and to be free from injury to religious feelings. Clashes between these claims of right are today generating acute tensions in relations between states and peoples, a state of affairs star...
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作者：Burke-White, William W.
作者单位：University of Pennsylvania
摘要：When the International Criminal Court (ICC or Court) was established in 2002, states, nongovernmental organizations (NGOs), and the international community bad extraordinarily high expectations that the Court would bring an end to impunity and provide broad-based accountability for international crimes. Nearly five years later, those expectations remain largely unfulfilled due to political constraints, resource limitations, and the limited ability of the ICC to apprehend suspects. This article...
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作者：Connor, Colette
作者单位：Harvard University
摘要：As a party to the International Covenant on Civil and Political Rights, the United States is required to submit periodic reports to the treaty's supervisory body, the United Nations Human Rights Committee. The United States recently submitted its joint Second and Third Periodic Report. The Report-the United States' first in eleven years-came in the midst of intense scrutiny over the government's human rights record. Even in the absence of these controversies, the U.S. Report would have marked ...
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作者：Lewis, Elizabeth A.
作者单位：University of British Columbia
