Search results for 'International law' (try it on Scholar)

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  1. Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).score: 270.0
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in (...) law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but important role for actual consent in legitimating international law. While actual consent is not necessary for justifying the enforcement of jus cogens norms, at least when they are narrowly understood, this leaves much of international law unaccounted for. By drawing on a Lockean social contract account, I show how, given the ways that international cooperation is different from cooperation in the domestic sphere, actual consent is both a possible and an appropriate legitimating device for much of international law. (shrink)
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  2. Jacqueline Mowbray (2011). Linguistic Justice in International Law: An Evaluation of the Discursive Framework. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):79-95.score: 264.0
    Claims by minority groups to use their own languages in different social contexts are often presented as claims for “linguistic justice”, that is, justice as between speakers of different languages. This article considers how the language of international law can be used to advance such claims, by exploring how international law, as a discourse, approaches questions of language policy. This analysis reveals that international legal texts structure their engagement with “linguistic justice” around two key concepts: equality and (...)
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  3. H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.score: 246.0
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, (...)
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  4. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.score: 246.0
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. (...)
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  5. Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.score: 246.0
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...)
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  6. Phan Minh Dung & Giovanni Sartor (2011). The Modular Logic of Private International Law. Artificial Intelligence and Law 19 (2-3):233-261.score: 246.0
    We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be (...)
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  7. Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.score: 240.0
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, (...)
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  8. Daniel Butt (2009). ‘Victors’ Justice’? Historic Injustice and the Legitimacy of International Law. In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press. 163.score: 240.0
  9. David Copp (1998). International Law and Morality in the Theory of Secession. Journal of Ethics 2 (3):219-245.score: 240.0
    In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to (...)
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  10. Samantha Besson & John Tasioulas (eds.) (2010). The Philosophy of International Law. Oxford University Press.score: 240.0
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  11. Robert E. Goodin (2005). Toward an International Rule of Law: Distinguishing International Law-Breakers From Would-Be Law-Makers. [REVIEW] Journal of Ethics 9 (1-2):225 - 246.score: 240.0
    An interesting fact about customary international law is that the only way you can propose an amendment to it is by breaking it. How can that be differentiated from plain law-breaking? What moral standards might apply to that sort of international conduct? I propose we use ones analogous to the ordinary standards for distinguishing civil disobedients from ordinary law-breakers: would-be law-makers, like civil disobedients, must break the law openly; they must accept the legal consequences of doing so; and (...)
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  12. Virginia Held (2011). Morality, Care, and International Law. Ethics and Global Politics 4 (3).score: 240.0
    Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This (...)
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  13. Anna Goppel & Anne Schwenkenbecher (2012). Philosophy and International Law: Reflections on Interdisciplinary Research Into Terrorism. Ancilla Iuris 111.score: 240.0
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not least, (...)
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  14. Jack L. Goldsmith (2007). The Limits of International Law. Oxford University Press.score: 240.0
    A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.
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  15. Fernando R. Tesón (1998). A Philosophy of International Law. Westview Press.score: 240.0
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...)
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  16. Jennifer Beard (2006). The Political Economy of Desire: International Law, Development and the Nation State. Routledge-Cavendish.score: 240.0
    This book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist 'development'. Jennifer Beard departs from the common position that development and underdevelopment are conceptual outcomes of the Imperialist Era and positions the genealogy of development within early Christian writings in which the western theological concepts of sin, salvation, and redemption are expounded. In doing so, she links the early Christian writings of theologians such as Augustine and , Anselm and Abelard to the processes of modern identity (...)
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  17. Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.score: 240.0
    The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth (...)
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  18. Edward McWhinney, Sienho Yee & Jacques-Yvan Morin (eds.) (2009). Multiculturalism and International Law: Essays in Honour of Edward Mcwhinney. Martinus Nijhoff Publishers.score: 240.0
    This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international ...
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  19. Jean D' Aspremont (2011). Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules. Oxford University Press.score: 240.0
    This book revisits the theory of the sources of international law from the perspective of formalism.
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  20. Saulius Katuoka (2012). The Concept and Legal Personality of National Minorities in International Law. Jurisprudence 19 (3):1187-1199.score: 240.0
    The study analyses the issues of protection of national minorities from the perspective of international law. The study consists of three parts. In the first part, the author reveals the understanding of a national minority on the basis of objective and subjective features. This part focuses on such problematic issues as national minorities and citizenship, non-dominant position of a national minority. The second part of the study concentrates on international minorities as subjects of international law. The author (...)
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  21. Saulius Katuoka (2013). On the Issue of Relationship of the European Union and International Law. Jurisprudence 20 (3):841-854.score: 240.0
    The paper analyses the relevant issue of the relationship of international law and European Union law. Therefore, independent systems of law exist, which inevitably arise the issue of relationship and interaction of these systems. Legal literature analyses the question of the relationship of these two systems of law on the basis of various aspects. The author has chosen the following structure of the paper: first, the general problem of the relationship of international and European Union law is discussed. (...)
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  22. Heather M. Smith (2011). Sex Trafficking: Trends, Challenges, and the Limitations of International Law. [REVIEW] Human Rights Review 12 (3):271-286.score: 240.0
    The passage of the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children in 2000 marked the first global effort to address human trafficking in 50 years. Since the passage of the UN Protocol international organizations, non-governmental organizations, and individual states have devoted significant resources to eliminating human trafficking. This article critically examines the impact of these efforts with reference to the trends, political, and empirical challenges in data collection and the limitations of (...) law. I argue that current international law disproportionately addresses the criminal prosecution of traffickers at the expense of trafficking victims’ human rights, and has therefore not yet reached its full potential in the fight against human sex trafficking. (shrink)
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  23. Tetsuya Toyoda (2011). Theory and Politics of the Law of Nations: Political Bias in International Law Discourse of Seven German Court Councilors in the Seventeenth and Eighteenth Centuries. M. Nijhoff Pub..score: 240.0
    Emergence of the modern science of international law is usually attributed to Grotius and other somewhat heroic ‘founders of international law.’ This book offers a more worldly explanation why it was developed mostly by German writers ...
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  24. Stefan Kirchner & Birutė M. Salinaitė (2013). The Iranian Threat to Close the Strait of Hormuz: A Violation of International Law? Jurisprudence 20 (2):549-567.score: 240.0
    Along with the Strait of Malacca and the Singapore Straits, the Strait of Hormuz is arguably the most important bottleneck in international navigation because a large part of the global oil production needs to be shipped through this passage, which is only a few kilometers wide. In the context of the dispute about Iran’s nuclear program and new sanctions, Iran has threatened to close the Strait of Hormuz for international shipping, effectively cutting off many Western countries from important (...)
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  25. J. Tasioulas & S. Besson (eds.) (2010). The Philosphy of International Law. Oxford University Press.score: 240.0
    International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. This volume is the ideal guide to the current debates, offering 29 specially commissioned essays by leading philosophers and international lawyers, addressing the central philosophical questions about international law.
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  26. Anne T. Gallagher (2011). Improving the Effectiveness of the International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports. [REVIEW] Human Rights Review 12 (3):381-400.score: 234.0
    In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on (...)
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  27. Charles Covell (1998). Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations. St. Martin's Press.score: 234.0
    Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of the treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, Kant broke (...)
     
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  28. Justinas Žilinskas & Tomas Marozas (2011). Mens Rea Element in Superior Responsibility Under Customary International Law and the Rome Statute. Jurisprudence 18 (4):1519-1541.score: 228.0
    Superior responsibility has been a widely recognised form of responsibility for omission in both treaty and customary international law. Superiors are held responsible for the acts of their subordinates when they fail in fulfilling their duties to prevent or punish crimes of subordinates. Duties to prevent and punish arise only after the superior knows about the subordinate’s crimes or has a reason to know about it. ‘Has a reason to know’ is a form of constructive knowledge and could be (...)
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  29. Jared Wessel (2010). International Law as Language—Towards a “Neo” New Haven School. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (2):123-144.score: 216.0
    This paper examines the tension between the mainstream belief in international law as a source of objectivity distinct from politics and its new stream critics that question the validity of such a distinction. It is argued that, as a type of language, international law is not distinct from politics as a function of objectivity, but rather by the fact that it serves the international community’s thymos. The phenomena of global administrative law and NATO’s use of force in (...)
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  30. Jan Klabbers & Touko Piiparinen (eds.) (2013). Normative Pluralism and International Law: Exploring Global Governance. Cambridge University Press.score: 216.0
    This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow.
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  31. Jovana Davidovic (2012). International Rule-of-Law and Killing in War. Social Theory and Practice 38 (3):531-553.score: 210.0
    In this paper, I suggest that for some proposed solutions to global justice problems, incompatibility with the necessary features of international law is a reason to reject them. I illustrate this by discussing the problem raised by the case of unjust combatants, that is, combatants lacking a just cause for war. I argue that the principle of inequality of combatants, which suggests that we ought to prohibit those without a just cause for war from fighting, is not only a (...)
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  32. Roland Pierik & Wouter Werner (2005). Cosmopolitism, Global Justice and International Law. The Leiden Journal of International Law 18 (4):679-684.score: 210.0
    Along with the exploding attention to globalization, issues of global justice have become central elements in political philosophy. After decades in which debates were dominated by a state-centric paradigm, current debates in political philosophy also address issues of global inequality, global poverty, and the moral foundations of international law. As recent events have demonstrated, these issues also play an important role in the practice of international law. In fields such as peace and security, economic integration, environmental law, and (...)
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  33. Alex J. Bellamy (2009). When is It Right to Fight? International Law and Jus Ad Bellum. Journal of Military Ethics 8 (3):231-245.score: 210.0
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  34. Patrick Capps (2009). Human Dignity and the Foundations of International Law. Hart.score: 210.0
     
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  35. H. B. Jacobini (1954/1979). A Study of the Philosophy of International Law as Seen in Works of Latin American Writers. Hyperion Press.score: 210.0
  36. William Galbraith Miller (1884/1979). Lectures on the Philosophy of Law, Designed Mainly as an Introduction to the Study of International Law. F. B. Rothman.score: 210.0
     
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  37. S. G. Sreejith (2010). Transcending Jurisprudence: A Critique of the Architectonics of International Law. Lup, Lapland University Press.score: 210.0
     
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  38. Ranyard West (1974). International Law and Psychology. Dobbs Ferry, N.Y.,Oceana Publications.score: 210.0
  39. Francis Wharton (1884/2001). Commentaries on Law: Embracing Chapters on the Nature, the Source, and the History of Law, on International Law, Public and Private, and on Constitutional and Statutory Law. Gaunt, Inc..score: 210.0
     
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  40. Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.score: 204.0
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
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  41. Robert McCorquodale (2009). Corporate Social Responsibility and International Human Rights Law. Journal of Business Ethics 87 (2):385 - 400.score: 204.0
    The United Nations Special Representative on Transnational Corporations and Human Rights, John Ruggie, has adopted a new framework for considering this issue within the international legal system. This article examines this framework in terms of its coherence, its consistency with international human rights law and how it can be 'operationalized' (which is required by the United Nations). In regard to the states legal obligation to protect human rights, it is considered whether this obligation is broader and deeper than (...)
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  42. George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.score: 204.0
    The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study (...)
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  43. Jamie Terence Kelly (2010). The Moral Foundations of International Criminal Law. Journal of Human Rights 9 (4):502-510.score: 204.0
    This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).
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  44. Elena Pariotti (2009). International Soft Law, Human Rights and Non-State Actors: Towards the Accountability of Transnational Corporations? [REVIEW] Human Rights Review 10 (2):139-155.score: 204.0
    During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend could be (...)
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  45. Aleksandar Jokic (2002). Activism, Language and International Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 15 (1):107-120.score: 204.0
    The paper explores how language underscores our appreciation forinternational activism. An account of the tension between activismand international activism, especially in the context of thedeclarative and ``true'' character of the terms is offered. Thisis achieved through examining ``word games'' pertaining to theBalkan crisis with such expressions as ``democratic revolution'',``Serbian nationalism'', ``revenge killing'', and ``reverse ethniccleansing.'' The analysis points to a non-descriptive attitudinalcharacter of such phrases. Consequently, two defensive strategiesare suggested for international activists. First, they should getinformed on the (...)
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  46. Gwyneth C. McClendon (2009). Building the Rule of International Criminal Law: The Role of Judges and Prosecutors in the Apprehension of War Criminals. [REVIEW] Human Rights Review 10 (3):349-372.score: 204.0
    International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through the selection (...)
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  47. Agnė Vaitkevičiūtė (2012). The Relationship Between Member State Liability in Damages for Breach of the European Union Law and State Responsibility for Breach of International Law. Jurisprudence 19 (1):71-86.score: 204.0
    This article analyses that state responsibility in international law is contractual liability, as a state infringes its obligations to another state (states), stemming out of international law. Member State liability in damages to a private party for breach of European Union law is, contrarily, non-contractual liability to a private party. Having analysed the elements of internationally wrongful act, it is stated that the elements of internationally wrongful act can be used to determine the elements of breach of the (...)
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  48. Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.score: 198.0
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide (...)
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  49. Kai Ambos (2013). The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles. [REVIEW] Criminal Law and Philosophy:1-29.score: 198.0
    Current International Criminal Law (‘ICL’) suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’ (supranational right to punish), ‘overall function’ and ‘purposes of punishment’ (For clarification of these basic questions, see Ambos in Oxf J Legal Stud 33:293–315, 2013b. Of course, there are many possible conceptualisations of the basic questions facing any theory of criminal law see, for example, Murphy in Columbia Law Rev 87:509–532, 1987. Yet, taking the perspective of ICL, I would argue (...)
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  50. Shlomit Wallerstein (forthcoming). Delegation of Powers and Authority in International Criminal Law. Criminal Law and Philosophy:1-18.score: 198.0
    By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the authority to judge (...)
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