Suchergebnisse

A trope of international law scholarship is that the United States is an "exceptionalist" nation, one that takes a distinctive (frequently hostile, unilateralist, or hypocritical) stance toward international law. However, all major powers are similarly "exceptionalist," in the sense that they take distinctive approaches to international law that reflect their values and interests. We illustrate these arguments with discussions of China, the European Union, and the United States. Charges of international-law exceptionalism betray an undefended assumption that one particular view of international law (for scholars, usually the European view) is universally valid.

This book provides a critical analysis from an international law perspective of the break-up of Yugoslavia and will be of interest to those in the fields of international law and political science.

The COVID-19 pandemic challenged countries around the world to preserve public health which entailed limitations of human rights. We have seen around the world that these limitations were adopted in way that was not in accordance with the proportionality principle, which led to misuse of the state of emergency in general and the interventionism of unseen proportions. The goal of this paper is to present how Bosnia and Herzegovina, as a country in transition, faced the COVID-19 pandemic and give an overview of the events that represent human rights and freedoms violations and abuses associated with the state of emergency.

Provides a clear account of the main substantive and procedural aspects of international criminal law. Adopting a combination of the classic common law and more theoretical approaches to the subject, it discusses: the historical evolution of international criminal law; the legal definition of the so-called core crimes (war crimes, crimes against humanity, genocide) plus aggression, torture and terrorism; the forms and modes of criminal responsibility; and the main issues related to the prosecution and punishment of international crimes at the national and international level, including amnesties, statutes of limitations, and immunities

Intro -- Preface -- Table of Contents -- Biographical Notes of Contributors -- Introduction -- I. Challenges Posed to the International Legal Order by Unilateral Sanctions -- II. Increase in the Use of Unilateral Sanctions -- III. Changing Character of Unilateral Sanctions -- IV. Legal Response to Unilateral Sanctions -- V. The Rationale for this Study -- VI. Scope of this Study -- VII. Sanctions Imposed by the EU and Other Regional Organisations -- VIII. UN Sanctions -- IX. Parallel Sanctions -- X. Retorsions and 'Smart' or Targeted Sanctions -- XI. Countermeasures and Unilateral Sanctions -- XII. Organisation of the Study -- XIII. Hope for the Future -- 1. The Status of Unilateral Sanctions in International Law -- I. Introduction -- II. The Nature and Scope of Unilateral Sanctions -- III. The Practice of Imposing Unilateral Sanctions -- IV. Lawfulness of Unilateral Sanctions -- V. Divided Scholarly Opinion -- VI. Division Along First World and Third World Approaches -- VII. Justification of Unilateral Sanctions as Countermeasures -- VIII. Unilateral Sanctions in Customary International Law -- IX. Legal Weight of Developed and Developing Country Practice -- X. The Jurisprudence -- XI. Unilateral Sanctions with Extraterritorial Reach -- XII. Unilateral Sanctions and Human Rights -- XIII. Protection of Human Rights as Erga Omnes Obligations and Unilateral Sanctions -- XIV. Conclusions -- 2. Shades of Grey: Autonomous Sanctions in the International Legal Order -- I. Introduction -- II. The Growth of Autonomous Sanctions -- III. International Law and Sanctions -- IV. Enforcing International Peace or International Law? -- V. Where Does Sanctioning Competence Lie? -- VI. Targeted Sanctions: Towards Decentralised Law Enforcement? -- VII. The Inherent Illegality of Autonomous Sanctions -- VIII. Conclusion.

A review essay on two books by Jeremy Waldron, Law and Disagreement (New York: Oxford U Press, 1999); & The Dignity of Legislation (Cambridge, UK: Cambridge U Press, 1999). In these two complementary books, Waldron takes up the debate over the scope of judicial review in a liberal democracy & the defense of actual democratic practice. He comes down on the side of legislative supremacy over judicial, opposes the institution of judicial review, & supports collective decision making. The more important of the two books is Law and Disagreement. In it, Waldron analyzes the normative foundations of legislation, along with legislation as a form of lawmaking, in the context of theory on politics & jurisprudence. Dignity of Legislation treats the themes of disagreement, collective decision making, & law in classic (Aristotle, Locke, Kant) & more contemporary (Hobbes, Mill) philosophers' works. Waldron's subtle & clear arguments have important & compelling implications for political & legal philosophy. M. Pflum

AbstractAmnesties are proving as popular in the twenty-first century as they did in the twentieth. Wherever there is an attempt to end a conflict, there is often an amnesty. The author briefly surveys the characteristics of amnesties, and offers a simple taxonomy. The author next assesses the approach taken in international law to amnesties. The survey draws on the experience of the International Tribunal for the Former Yugoslavia, and the Special Court for Sierra Leone. Subsequently the author looks ahead to the Proposed Extraordinary Chamber for Cambodia and the International Criminal Court. From this survey, two particular topics for international law are addressed: the right to a fair trial, and alternatives to courts (such as Truth and Reconciliation Commissions). Assuming that international law is going to be selective in its treatment of amnesties, the author offers a tentative model for an amnesty which will meet the needs of current international law.