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作者：Brudney, Allie
作者单位：Harvard University
摘要：This Note examines the evidentiary standards and procedures created for and used in the I.G. Farben II. Because the I.G. Farben Trial was not bound by technical rules of evidence, the three judges on the tribunal had broad discretion to develop evidentiary rules and standards. This Note argues that the I.G. Farben judges created evidentiary rules and procedures as they arose during the trial, with no preexisting philosophy. Faced with competing factors, they based their decisions on which fact...
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作者：Lubin, Asaf
作者单位：Harvard University; Yale University; Hebrew University of Jerusalem
摘要：Many, if not most, international legal scholars share the ominous contention that espionage, as a legal field, is devoid of meaning. For them, any attempt to extrapolate the lex lata corpus of the International Law of Intelligence (ILI), let alone its lex scripta, would inevitably prove to be a failed attempt, as there is simply nothing to extrapolate. The notion that international law is moot as to the question of if, when, and how intelligence is to be collected, analyzed, and promulgated, h...
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作者：Meshel, Tamar
作者单位：University of Alberta
摘要：Demands for fresh water are rising around the world, its availability is increasingly unpredictable, and it is unequally distributed across political boundaries. As a result, disputes between states over the use of shared fresh water resources are increasingly likely to arise. This Article addresses the need to resolve these disputes peacefully and the ability of international water law to facilitate such resolution. Specifically, the Article proposes a reconfiguration of the two core principl...
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作者：Born, Gary; Morris, Danielle; Forrest, Stephanie
摘要：The margin of appreciation is an ill-defined legal concept that some international tribunals have referred to when affording a measure of deference to actions taken by national authorities. As most international tribunals have concluded, however, the margin of appreciation is neither a rule of international law nor a justifiable exercise of adjudicative authority in the vast majority of cases. International law and international adjudication are better served by a more analytically rigorous ap...
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作者：Modirzadeh, Naz K.
作者单位：Harvard University; Harvard University
摘要：In this paper, I explore how international legal scholarship about war, written at a time of war, ought to read. Can-and should-we demand doctrinal rigor and analytical clarity, while also expecting that scholarship makes us feel something, that it connects us to the author, that it captures the intimacy and emotion that human beings experience in relation to war? I use two eras of international legal scholarship on war-namely, the Vietnam era and the War on Terror-to illustrate key moments in...
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作者：Madding, Ann
作者单位：Harvard University
摘要：Twenty-six million elephants roamed across Africa in 1800. Today, the population sits around 415,000. Numerous statutes and agreements at the local, national, and international levels have been formulated to deal with this catastrophe, yet, the number of elephants across Africa continues to drop. While the most prominent tool for managing this decline has come to be the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), it is not the only international agr...
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作者：Zhu, Ying
作者单位：Renmin University of China; Yale University
摘要：The last twenty years have witnessed a number of investor -state disputes in which investors claimed host states' environmental regulations were indirect expropriations of foreign investments, resulting in host states paying large amounts of compensation to foreign investors. To preserve the regulatory space of host states, in the past decade, around 42% of newly concluded international investment treaties have incorporated a clarification on when a state measure that affects foreign investmen...
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作者：Sharon, Ori
作者单位：George Mason University
摘要：Worldwide, there are approximately sixty states for which sea level rise is an existential threat. Described as the sinking island states, these low-lying ocean nations are battling with challenges that no other state has ever experienced. From a legal perspective, for the first time in human history, law must address the legal consequences of state extinction. One aspect of this new phenomenon is the question of what is to happen to the natural resource rights of a state that no longer exists...
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作者：Minow, Martha
作者单位：Harvard University
摘要：In the aftermath of crimes against humanity and gross violations of human rights, should international legal institutions promote the use of criminal sanctions or instead support forgiveness and reconciliation? Either response is better than silence, but comparing prosecutions and reconciliatory steps brings tough choices, both legally and politically. Adversarial criminal prosecution holds the promise of generating facts, holding individuals accountable, and deterring future horrific conduct,...
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作者：Salam, Nawaf
