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作者：Heller, Kevin Jon
作者单位：University of Amsterdam; University of London; University of London School Oriental & African Studies (SOAS)
摘要：The question what is an international crime? has two aspects. First, it asks us to identify which acts qualify as international crimes. Second, and more fundamentally, it asks us to identify what is distinctive about an international crime. Some disagreement exists concerning the first issue, particularly with regard to torture and terrorism. But nearly all states, international tribunals, and ICL scholars take the same position concerning the second issue, insisting that an act qualifies as a...
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作者：Smith, Ann
作者单位：Harvard University
摘要：In recent years, international adoption has faced increasing criticism for the presence of humanitarian aid that flows through the system. Critics argue that the presence of humanitarian aid corrupts the process, and distorts the priorities of nations to search for domestic placement for children first, as required by many international conventions. This Note explores these ideas by examining the extent of international aid that flows through the system, but also the tools available to curb ab...
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作者：Mitchell, Ryan
作者单位：Chinese University of Hong Kong
摘要：Realist critical views on international law discount the idea that external norms determine the behavior and objectives of states. However, they risk replicating the very positions they criticize as a result of two errors. First, they frequently assume that legal norms have clear and uncontested meanings that all observers will agree upon. Second, they assume the preexistence of the state as a rational, self-interested actor. Where interests overlap with norms, then, states will presumably com...
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作者：Hakimi, Monica
作者单位：University of Michigan System; University of Michigan
摘要：This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view-what I call the cooperation thesis-is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; internat...
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作者：Vadi, Valentina
作者单位：Lancaster University
摘要：The history of international law has recently come to the forefront of legal debate. Broadly defined as the field of study that examines the evolution of public international law and investigates state practice, the development of given legal concepts and theories, and the life and work of its makers, in recent years, the history of international law has attracted growing attention. Despite this flourishing, the history of international law is still in search of a proper methodology. Two cultu...
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作者：Combs, Nancy Amoury
作者单位：William & Mary
摘要：International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work or perhaps because of it international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measur...
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作者：Severson, Daniel S.
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作者：Puig, Sergio
作者单位：University of Arizona
摘要：For years, tobacco interests have played an important role in developing international law. Recently, cooperation among nations concerned with the risks and health consequences of smoking tobacco has resulted in the adoption of international treaties, regional directives, and common administrative and regulatory practices. As a result, a wave of litigation before international courts and tribunals, including the European and Andean Courts of Justice, Investor-State Tribunals, and the World Tra...
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作者：Jain, Neha
作者单位：University of Minnesota System; University of Minnesota Twin Cities
摘要：General principles of law are a primary mechanism for gap-filling in international criminal law. However, their interpretation by tribunals has been fitful, contradictory, and misguided. Given that general principles have been used to settle crucial legal issues that affect the rights of the accused, the confusion concerning their application threatens the legitimacy of international criminal justice. This Article critiques the various conceptions of general principles developed by scholars an...
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作者：Heath, J. Benton
摘要：The gradual transfer of emergency power to the international level, as seen in the control of infectious disease outbreaks, creates new challenges for the legitimacy of global institutions. In particular, this Article contends, the expert nature of international bureaucracies fits awkwardly with the political decision making required of crisis managers, often producing decisions that appear neither scientifically nor politically justifiable. Worse, the ordinary deliberative mechanisms for smoo...
