Suchergebnisse

In December 2015, the International Criminal Tribunal for Rwanda delivered its final verdict in Butare, bringing the International Criminal Tribunal for Rwanda to a close after 21-years. Despite the important role that the tribunal played in confirming international criminal justice as a key transitional justice mechanism, and tool of international peace and security, there has been little retrospective analysis of the court's history. This article draws on a Bourdieusian field analysis to address the absence and makes two contributions. First, it demonstrates that over the International Criminal Tribunal for Rwanda's history the tribunal's conception of justice shifted from a weak form of restorative justice to a more traditional form of retributive justice. Second, it reveals that this shift was the result of a 'settling' on the law and, more importantly, UN Security Council interventions. This legalisation and politicisation of trial practice saw a shift in the field from prioritising moral authority to legal and delegated authority.

In times where environmental concerns take a predominant role and corporate social responsibility is at the forefront of various legal debates, the fact that the laws and/or the judicial proceedings -to establish it and to order remedies- in the country of damage could be inadequate or even non-existent, makes it appropriate to reflect on the opportunities provided by the international litigation system of the European Union (EU) as compared to the system of the United States (US). Responding to the recent case law, this paper reflects on the international environmental litigation trends from a private international law perspective, analysing the jurisdiction and conflict of laws issues that, within this field, interact with a number of international civil liability conventions. In this regard, the complex determination of the applicable law and the liability limitations in the EU do not prevent the conclusion that, due to recent jurisdiction and applicable law trends in the US, international environmental litigation may be turning to the eastern side of the Atlantic.

In times where environmental concerns take a predominant role and corporate social responsibility is at the forefront of various legal debates, the fact that the laws and/or the judicial proceedings -to establish it and to order remedies- in the country of damage could be inadequate or even non-existent, makes it appropriate to reflect on the opportunities provided by the international litigation system of the European Union (EU) as compared to the system of the United States (US). Responding to the recent case law, this paper reflects on the international environmental litigation trends from a private international law perspective, analysing the jurisdiction and conflict of laws issues that, within this field, interact with a number of international civil liability conventions. In this regard, the complex determination of the applicable law and the liability limitations in the EU do not prevent the conclusion that, due to recent jurisdiction and applicable law trends in the US, international environmental litigation may be turning to the eastern side of the Atlantic.

In times where environmental concerns take a predominant role and corporate social responsibility is at the forefront of various legal debates, the fact that the laws and/or the judicial proceedings -to establish it and to order remedies- in the country of damage could be inadequate or even non-existent, makes it appropriate to reflect on the opportunities provided by the international litigation system of the European Union (EU) as compared to the system of the United States (US). Responding to the recent case law, this paper reflects on the international environmental litigation trends from a private international law perspective, analysing the jurisdiction and conflict of laws issues that, within this field, interact with a number of international civil liability conventions. In this regard, the complex determination of the applicable law and the liability limitations in the EU do not prevent the conclusion that, due to recent jurisdiction and applicable law trends in the US, international environmental litigation may be turning to the eastern side of the Atlantic.

In times where environmental concerns take a predominant role and corporate social responsibility is at the forefront of various legal debates, the fact that the laws and/or the judicial proceedings -to establish it and to order remedies- in the country of damage could be inadequate or even non-existent, makes it appropriate to reflect on the opportunities provided by the international litigation system of the European Union (EU) as compared to the system of the United States (US). Responding to the recent case law, this paper reflects on the international environmental litigation trends from a private international law perspective, analysing the jurisdiction and conflict of laws issues that, within this field, interact with a number of international civil liability conventions. In this regard, the complex determination of the applicable law and the liability limitations in the EU do not prevent the conclusion that, due to recent jurisdiction and applicable law trends in the US, international environmental litigation may be turning to the eastern side of the Atlantic.

Territorial disputes between governments generate a significant amount of uncertainty for economic actors. Settled boundary agreements produce benefits to economic agents on both sides of the border. These qualities of borders are missed both by realists, who view territorial conflicts in overly zero-sum terms, and globalists, who claim borders are increasingly irrelevant. Settled borders help to secure property rights, signal much greater jurisdictional and policy certainty, and thereby reduce the transactions costs associated with international economic transactions. The plausibility of this claim is examined by showing that territorial disputes involve significant economic opportunity costs in the form of foregone bilateral trade. Theories of territorial politics should take into account the possibility of such joint gains in their models of state dispute behavior.

AbstractThis article analyses the Women's International League for Peace and Freedom's (WILPF) and Women's International Democratic Federation's (WIDF) fact‐finding missions sent to Chile in 1974. It explains how women's international organisations presented reports and information about human rights abuses during Genera Augusto Pinochet's dictatorship (1973–1990). By using their publications, oral interviews, memoirs and press reports, the study sheds light on the extensive efforts deployed by the WILPF and WIDF to disseminate knowledge and promote actions designed to improve the lives of Chilean women. The article shows that women's international organisations promoted inclusive ideas of rights, including women's particular experiences under military rule, and that such efforts built in the organisations' previous experiences of human rights activism.

The study reported by Shihning Chou and Kevin Browne explored the link between institutional care for young children and international adoption, using a survey of 33 European countries. Official figures were available from 25 countries on the proportions of national versus international adoption within their own countries, together with the number of children under three in institutional care. Results indicate an association between international adoption (both incoming and outgoing) and a high number of young children in institutional care. The evidence suggests that, rather than reduce the number of children in institutions, international adoption may contribute to the continuation of this harmful practice. A child rights-based approach to providing alternative care for children separated from their parents is proposed.