the origins of international criminal law can be traced back to

... avoided because of the con- sent of the State of Japan to war crimes trials in the Instrument of Surrender. The focus at Tokyo was instead upon the extent of the scope of that consent and whether the ... Nadya Sadat is the Henry H. Oberschelp Professor of Law and Director of the Whitney R. Harris World Law Institute at the Washington University School of Law (USA). The author of more than 50 ... Alternatively, there may be something positive—something that may be useful today in the revival of international criminal law. Background The Tokyo Trial was the Allied response to Japan’s invasion of...

Ngày tải lên: 23/03/2014, 06:20

... invited to address their topics in a manner which would be accessible to the public, and which would trace developments from the Nuremberg proceedings to the establishment of the International Criminal ... well as a discussion of the Statut eof the International Criminal Court and the role of national courts, and offers a challenging insight into the future of international criminal justice.This ... and complementarity: from the Nuremberg trials to the dawn of the new International Criminal Court 30   3 After Pinochet: the role of national courts 68   4 The drafting of the Rome...

Ngày tải lên: 09/08/2014, 11:20

Ngày tải lên: 09/08/2014, 11:20

Ngày tải lên: 09/08/2014, 11:20

Ngày tải lên: 09/08/2014, 11:20

Ngày tải lên: 09/08/2014, 11:20

Ngày tải lên: 09/08/2014, 11:20

Ngày tải lên: 09/08/2014, 11:20

Ngày tải lên: 09/08/2014, 11:21

Ngày tải lên: 09/08/2014, 11:21

Ngày tải lên: 09/08/2014, 11:21

Ngày tải lên: 01/11/2014, 19:04

... emergence of a secular natural law the natural law which was proclaimed to be the basis of the new inter- national law is coeval with his resolution of the problem of the legal status of the Indian, ... con- tribution towards the writing of alternative histories of the discipline: histories of resistance to colonial power, history from the vantage point of the peoples who were, in many ways, the victims of ... what may be required is the telling of alternative histories histories of resistance to colonial power, history from the vantage point of the peoples who were subjected to international law and...

Ngày tải lên: 19/02/2014, 05:20

... from the large majority of other states that voted to adopt the Rome Statute of the Court, in partic- ular the role of the Security Council, the powers of the prosecutor, the questions of jurisdiction ... politics of international law international law. The end of the Cold War, and the attendant talk of a ‘new world order’, the triumph of liberalism, and the regulatory im- peratives of globalisation ... that leave them ill-equipped to comprehend issues as funda- mental as the expanding corpus of international law, the obligatory force of that law, the way in which the weak can employ the law as...

Ngày tải lên: 07/03/2014, 11:20

... will also be of assistance to the growing body of national lawyers engaged in the practice of international criminal law before domestic courts. As the Rome Statute of the International Criminal ... The jurisprudence of other tribunals is not, however, ignored. The law of Nuremberg and Tokyo features prominently, and the law and structures of the other international or internationalised tribunals – the ... concerned with the penal responsibility of individuals, 2 and articulating the core crimes which were to be the concern of the tribunal, 3 the Statute of the International Criminal Tribunal for the Prosecution...

Ngày tải lên: 16/03/2014, 03:20

... June 1977 to the Geneva Conventions of 12 August 1949, Section II: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non -International ... January 1976 ICJ International Court of Justice ICJ Reports Reports of the International Court of Justice ICLQ International and Comparative Law Quarterly ICRC International Committee of the Red Cross ICRC ... Commentary to AP I J. Pictet et al.(eds.), Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, Section I: Protocol Additional to the Geneva Conventions of...

Ngày tải lên: 16/03/2014, 13:20

... much as of customary law. In the context of the discussion of the processes of international law- making and hence of the sources or identification of its norms, the question of the kind of norms created 27 See ... so-called law of treaties, but also of customary law with conditions of customary law- making) and the existence of a rule of recognition (by reference to the customary nature of Article 38 of the ICJ ... samantha besson & john tasioulas provinces of law such as criminal law, contract law, and the law of torts, or spe- cific types of law, such as municipal state law, judge-made law, and customary law. 2 The...

Ngày tải lên: 16/03/2014, 13:20

... fundamental theoretical issues confronting the discipline and to the enduring significance of Vitoria’s thinking on the law of war and on the rights of dependent peoples. 6 Vitoria’s two lectures, as their ... colonial origins of international law; I attempt, furthermore, to show how these origins create a set of structures that continually repeat themselves at various stages in the history of international ... de Vitoria and the Colonial Origins of Inter- national Law , 5(3) Social and Legal Studies,321 336 (1996); ‘Francisco de Vitoria and the Colonial Origins of International Law , in Laws of the...

Ngày tải lên: 05/08/2014, 22:20

... considering the place of international law among the sciences’, 57 and international lawyers of the period invariably refer to the ‘science’ of international law. 58 The positivist self- image of being ... from them to interfere with the peace and well-being of the aborigines, the latter nevertheless persist in their hostility and do their best to destroy the Spaniards, they can make war on the ... justification of their conquest precisely because it is presented in the language of liberality and even equality. Vitoria con- tinuously alludes to the theme of the novelty of the discovery of the Indians:...

Ngày tải lên: 05/08/2014, 22:20

... the membership of the family of nations. 85 The tribes remain outside the realm of international law, not so much because they lack sovereignty, but because they are wanting in the other characteristics ... attempts to exclude the African from the conference, however, the identity of the African native became the central preoccupation of its deliberations over the question of systematizing territory. ... of the central African another International Persons and subjects of International Law. ’ Oppenheim, International Law, p.110.Seeibid., pp. 154 156. 85 Lawrence, The Principles of International Law, p.58. 76...

Ngày tải lên: 05/08/2014, 22:20