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In: Robert Schuman Centre for Advanced Studies Research Paper No. 2023_54
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In: American journal of international law: AJIL, Band 116, Heft 2, S. 237-288
ISSN: 2161-7953
AbstractHaving recently emerged from its unenviable status as the runt of international law, the phenomenon of statelessness nonetheless eludes traditional international legal instruments. Confronted with questions of nationality that typically fall within the domain of sovereignty, international and regional human rights bodies struggle to rein in the increasingly creative measures that states adopt to obscure the production and persistence of statelessness. This Article uncovers and dissects the different ways in which states manufacture statelessness not through explicitly discriminatory laws and unequal treatment, but through manipulating ostensibly neutral criteria for nationality. The Article identifies three such criteria that are not traditionally considered "suspect" categories for the grant or denial of nationality: time, territory, and administrative practice. It also suggests doctrinal, policy, and strategic tools for identifying and responding to the types of statelessness that are not a collateral consequence of state failure or incompetence, but the outcome of state intentionality.
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In: Qualitative report: an online journal dedicated to qualitative research and critical inquiry
ISSN: 1052-0147
The purpose of the paper is to offer a comparison between survey and face to face interviews as tools for data collection in qualitative exploratory research. This study aims at encouraging new researchers to experiment with different data collection tools and then select the one that fits best to the research. Memos documented during data collection served as the basis for analysis. The memos were analyzed using a systematic three-step coding process to identify the challenges and benefits of using each of the two data collection tools. Using content analysis of the memos and field notes that were documented during the research, the author compares the challenges and benefits of each methodology for the selected case study. Interviews, when followed systematically, offer a useful alternative to surveys for exploratory research. This study can be extended to compare other research methodologies as well as further data collection tools.
In: American journal of international law: AJIL, Band 115, Heft 1, S. 183-187
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 114, Heft 4, S. 677-686
ISSN: 2161-7953
AbstractWhile the global pandemic has exposed the fragility of human rights protections, it has also resulted in rights victories for some of the most vulnerable members of society. This Essay examines epistemic, consequentialist, and normative rights reframing efforts that have been mobilized to advocate for and secure human rights during the pandemic through the lens of prisoners' rights. It argues that these rights seeking strategies hold promise for advancing rights claims of prisoners and other marginalized groups beyond the pandemic.
In: European journal of international law, Band 28, Heft 4, S. 1163-1186
ISSN: 1464-3596
In: 28 European Journal of International Law 1163 (2017)
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In: Virginia Journal of International Law, Forthcoming
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In: American journal of international law: AJIL, Band 109, Heft 3, S. 486-497
ISSN: 2161-7953
For a significant period of time, the comparativist and the international lawyer were considered to inhabit different worlds: the former scrutinized similarities and differences between domestic legal systems while the latter focused on the universal realm of international law that overlays these systems. This comfortably segregated image has been conclusively shattered by numerous studies demonstrating the multiple areas of interaction between international and comparative law. of these, one of the ripest areas for further reflection is the "general principles of law" as a source of international law. Puzzlingly, given the traditional domestic law origins of the general principles of law, comparative law and methodology have rarely featured in the scholarship and jurisprudence on the general principles. Thus, the attempt of the International Criminal Tribunal for the Former Yugoslavia (Icty) to use the general principles as a freestanding source of international criminal law provides a particularly intriguing opportunity to study the interaction between international and comparative law.
The origins of individual responsibility in international criminal law --Elements of joint criminal enterprise at the ICTY --Variants of JCE and other forms of commission at the ad hod tribunals --'Perpetration' at the International Criminal Court --The principal in English criminal law theory --The principal in German criminal law theory --A theory of perpetration for international crimes --The accessory in English criminal law theory --The accessory in German criminal law theory --Joint criminal enterprise liability for international crimes.
In: American Journal of Comparative Law, Forthcoming
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In: Chicago Journal of International Law, Band 12, Heft 1, S. 158
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