Suchergebnisse

This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms

The rise of digital information communication technology has major implications for how states wield coercive power beyond their territorial borders through the extraterritorial geographies of data flows. In examining the geopolitics of data, transnational surveillance, and jurisdiction, this collection makes a significant contribution to the field of global internet governance. It shows how the internet is a forum for geopolitical struggle with states weaponising jurisdiction and exerting power beyond their own borders directly, and via infrastructures owned and operated by transnational technology companies. These dynamics challenge existing conceptual and theoretical categories of contemporary law across the fields of international relations, criminology, and digital media, and raise urgent questions about if and how individual rights can be protected in an era of ubiquitous transnational surveillance conducted by private companies and governments alike.

Preliminary Material -- Chapter One. Scope and Purpose -- Chapter Two. Intergovernmental Organizations Ð Internal and International Law -- Chapter Three. Basic General Distinctions -- Chapter Four. Types of Jurisdiction Exercised /Self-governing Communities -- Chapter Five. Inherent Jurisdiction over Organs and Officials -- Chapter Six. Extended Jurisdiction of Some Organizations in Substantive Matters (Delegated Powers) -- Chapter Seven. Settlement of Internal Disputes -- Chapter Eight. Public International Law; Introduction -- Chapter Nine. International Acts -- Chapter Ten. Responsibility of Intergovernmental Organizations -- Chapter Eleven. Internal Relations -- Chapter Twelve. External Relations with Private Parties, Introduction -- Chapter Thirteen. Provisions on Applicable Law -- Chapter Fourteen. Practice When There Is No Conflicts Provision. Examples of Application of Law Other than National Law -- Chapter Fifteen. Relationship between International Law of Igos and General Principles of Law -- Chapter Sixteen. Choice between National Laws: References to the Law of the Organization in Traditional Conflict of Laws -- Chapter Seventeen. Relationship between Competent Courts and Applicable Law. Interpretation of Jurisdictional Clauses -- Chapter Eighteen. Conclusions -- Table of Cases -- Index.

Explores the issue of universal jurisdiction, focusing on the competence of US courts & drawing on empirical data from the late-1990s Holocaust Era Assets claims against companies accused of cooperating with the Nazis, refusing to restitute looted property, or exploiting slave & forced labor during WWII. From the perspective of a unilateral mode of jurisdiction, it is argued that the law creates a global market of virtue centered on US tort law & its "congenital model of capitalism." In addition, a sociological & normative perspective is assumed to address the construction of moral debates around 1990s reparations & restitution. After looking at the development of 20th-century reparations cases that mirror the evolution of international politics, the role of "new moral entrepreneurs," ie, historians & lawyers in reparations cases is examined in terms of these nonstate actors' ability to shame states. How claims impact the structure of sovereignty is considered with attention to their consequences for international relations structure per realism. In particular, the impact of the counterfactual rationale of these claims on state rationales is addressed. In discussing the new power games, it is asserted that law & ethics may have more consonance with power politics than typically suggested. Contending that power politics remains salient for international relations & that power must account for norms & the globalization of law & ethics, a parallel is drawn between the structure of unilateral jurisdiction & other US unilateral power plays. J. Zendejas

While a significant number of states have deposited declarations under article 36(2) of the Statute of the International Court of Justice recognizing the ICJ's compulsory jurisdiction over their disputes, the United Kingdom is the only permanent member of the UN Security Council that maintains such a declaration. However, the UK's recent reservations undermine its declaration's ability to ensure compulsory jurisdiction over the UK's disputes. This article first interrogates whether the UK's reservations exclude in practice the jurisdiction of the Court, such that none of the permanent members of the Security Council are subject to compulsory jurisdiction under the optional clause. Second, it contemplates the reasons underlying the UK's new approach to its declaration, exploring whether these are peculiar to the UK, or are rather indicative of a broader backlash against international courts and tribunals.