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16 Jan 2019, 5:29 am by Thomas E. Kellogg
China’s growing use of exit bans raises key questions about the country’s commitment to the rule of law and to its obligations under international law. [read post]
10 Dec 2022, 5:36 pm by Jacob Katz Cogan
Using the language of ‘elements’ deliberately plays on the positivist tendency to describe the legal discipline as a legal science. [read post]
30 Oct 2017, 4:00 am by Ryan Scoville
Did the United States respond to the use of chemical weapons in Syria by launching missiles at Al Shayrat airfield in part because Donald Trump received a green light from American legal advisers who had internalized permissive views on the use of force? [read post]
16 Aug 2009, 5:11 pm
Here's the abstract:The legal rules governing the use of force between States are one of the most fundamental, and the most controversial, aspects of international law. [read post]
24 Oct 2013, 9:31 pm by Benjamin Wittes
In such situations, intentional lethal force may only be used when strictly unavoidable to protect against an imminent threat to life. [read post]
9 Mar 2018, 4:00 am by Tracy Coenen
Remember, of course, that the internal records will be not only be paper records, but will be digital as well. [read post]
6 Aug 2008, 4:52 am
The US Court was presumably influenced by the fact that Belgium is a party to the Hague Convention on the Civil Aspects of International Child Abduction. [read post]
14 Aug 2022, 7:14 pm by Jacob Katz Cogan
In fact, we argue that, in their current form, international rules on IOs are only partially effective given challenges relating to their (i) application; (ii) orientation; (iii) complexity; and (iv) enforcement in the context of information and communications technologies. [read post]
14 Dec 2020, 1:48 pm by Justin W. Anisman
The law is intended to exclude ESA protections only from real, legitimate training programs designed to educate the intern. [read post]
17 Mar 2015, 3:05 am
Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. [read post]
20 Feb 2009, 5:00 am
Interestingly, the prosecutor had originally charged Lubanga only with respect to the crime within a non-international armed conflict. [read post]
20 Feb 2009, 5:00 am
Interestingly, the prosecutor had originally charged Lubanga only with respect to the crime within a non-international armed conflict. [read post]
15 Aug 2018, 9:56 am
Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. [read post]
14 Jun 2011, 9:43 am by Jacob Katz Cogan
Here's the abstract:Can international legitimacy operate even in a deformed balance of power, and when there is only one dominant state? [read post]
12 Apr 2018, 7:48 pm by Milena Sterio
Our current international legal order is based on state sovereignty, and on the notion that such sovereignty may be breached in exceptional situations only. [read post]
13 Sep 2016, 6:17 pm
In the case of the international investment regime, this article suggests that the current strategy to balance this regime consists only of marginal adjustments to state’s regulatory authority, leaving intact the legal techniques that foreign investors use to control local resources. [read post]
28 Nov 2016, 1:39 pm
Here's the abstract:The laws that govern the allocation and use of resources can not only annihilate individual property rights but also destroy community. [read post]
8 Nov 2017, 11:00 am
The International Criminal Court can only become involved when domestic systems fail to conduct genuine and credible investigations into major crimes as outlined by the Rome Statute, which created the international court. [read post]