Pub Date : 1900-01-01DOI: 10.1163/15718040260652274
Correll
{"title":"International Law and the Law School Curriculum","authors":"Correll","doi":"10.1163/15718040260652274","DOIUrl":"https://doi.org/10.1163/15718040260652274","url":null,"abstract":"","PeriodicalId":148959,"journal":{"name":"International Law Forum Du Droit International","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114821680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/1571804053742265
N. Combs
{"title":"Judge George H. Aldrich","authors":"N. Combs","doi":"10.1163/1571804053742265","DOIUrl":"https://doi.org/10.1163/1571804053742265","url":null,"abstract":"","PeriodicalId":148959,"journal":{"name":"International Law Forum Du Droit International","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114726871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/15718040020962375
Schreuer
{"title":"East Timor and the United Nations","authors":"Schreuer","doi":"10.1163/15718040020962375","DOIUrl":"https://doi.org/10.1163/15718040020962375","url":null,"abstract":"","PeriodicalId":148959,"journal":{"name":"International Law Forum Du Droit International","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123592112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/138890303322540045
J. Crook
{"title":"The UN Compensation Commission: What Now?","authors":"J. Crook","doi":"10.1163/138890303322540045","DOIUrl":"https://doi.org/10.1163/138890303322540045","url":null,"abstract":"","PeriodicalId":148959,"journal":{"name":"International Law Forum Du Droit International","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121940899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/15718049920962061
Jägers
{"title":"Colloquium on the Liability of Multinational Corporations under International Law 29 and 30 April 1999, Rotterdam, The Netherlands","authors":"Jägers","doi":"10.1163/15718049920962061","DOIUrl":"https://doi.org/10.1163/15718049920962061","url":null,"abstract":"","PeriodicalId":148959,"journal":{"name":"International Law Forum Du Droit International","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122105077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/157180404773165984
J. Reidenberg
{"title":"Les défis à la création normative internationale / Challenges to International Law Making","authors":"J. Reidenberg","doi":"10.1163/157180404773165984","DOIUrl":"https://doi.org/10.1163/157180404773165984","url":null,"abstract":"","PeriodicalId":148959,"journal":{"name":"International Law Forum Du Droit International","volume":"12 18","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120853152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/157180403100411824
A. An-Na’im
Introduction In this brief essay I try to make a preliminary case for the development of a universal doctrine of reparation for violations of human rights and humanitarian law that draws on different legal traditions, without being confined to the specific framework of any of them. The critical need for this approach is indicated by the essential nature and purpose of international law. Because human rights and humanitarian law principles are supposed to be universal in validity and application, the doctrine of reparation should not be limited to principles of some legal traditions, to the exclusion of others. In any case, no single legal tradition can fully satisfy the reparation requirements of human rights and humanitarian law, due to the basic incompatibility of the two types of legal systems in such matters as jurisdiction and general principles of liability for compensation. Whereas traditional legal systems envisage their subject and cause of action, for example, in terms of domestic legal systems and, where relevant, conflict of laws principles among different legal systems, human rights and humanitarian law should be based on universal entitlement and jurisdiction. All major legal traditions recognize the idea of harm and the consequent entitlement of the victim or his/her estate to compensation, in addition to punishment for the perpetrator when the elements of a criminal offence are also satisfied. As is to be expected, however, the scope and requirements of these particular doctrines of responsibility and remedies are determined by a variety of political, philosophical, religious, legal, and other considerations specific to the context of the particular legal system. The nature and practical application of these doctrines are also affected by such factors as the level of institutional capacity and development of the jurisdictions in question, and the cultural or social attitudes toward accountability and remedies. Emerging out of the state practice, institutions, and general principles of law of West European states during the 17th to 19th centuries, traditional international law continued to draw on the same sources because those were the most familiar
{"title":"Toward a Universal Doctrine of Reparation for Violations of International Human Rights and Humanitarian Law","authors":"A. An-Na’im","doi":"10.1163/157180403100411824","DOIUrl":"https://doi.org/10.1163/157180403100411824","url":null,"abstract":"Introduction In this brief essay I try to make a preliminary case for the development of a universal doctrine of reparation for violations of human rights and humanitarian law that draws on different legal traditions, without being confined to the specific framework of any of them. The critical need for this approach is indicated by the essential nature and purpose of international law. Because human rights and humanitarian law principles are supposed to be universal in validity and application, the doctrine of reparation should not be limited to principles of some legal traditions, to the exclusion of others. In any case, no single legal tradition can fully satisfy the reparation requirements of human rights and humanitarian law, due to the basic incompatibility of the two types of legal systems in such matters as jurisdiction and general principles of liability for compensation. Whereas traditional legal systems envisage their subject and cause of action, for example, in terms of domestic legal systems and, where relevant, conflict of laws principles among different legal systems, human rights and humanitarian law should be based on universal entitlement and jurisdiction. All major legal traditions recognize the idea of harm and the consequent entitlement of the victim or his/her estate to compensation, in addition to punishment for the perpetrator when the elements of a criminal offence are also satisfied. As is to be expected, however, the scope and requirements of these particular doctrines of responsibility and remedies are determined by a variety of political, philosophical, religious, legal, and other considerations specific to the context of the particular legal system. The nature and practical application of these doctrines are also affected by such factors as the level of institutional capacity and development of the jurisdictions in question, and the cultural or social attitudes toward accountability and remedies. Emerging out of the state practice, institutions, and general principles of law of West European states during the 17th to 19th centuries, traditional international law continued to draw on the same sources because those were the most familiar","PeriodicalId":148959,"journal":{"name":"International Law Forum Du Droit International","volume":"569 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124694480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/138890303322540036
G. Calster
{"title":"WTO law and contracts for rebuilding Iraq","authors":"G. Calster","doi":"10.1163/138890303322540036","DOIUrl":"https://doi.org/10.1163/138890303322540036","url":null,"abstract":"","PeriodicalId":148959,"journal":{"name":"International Law Forum Du Droit International","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129482193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/157180405774580053
L. D. Elrod
I. Foundations American law has developed within the ideological theme of America's founding the Declaration of Independence's assertion of one's "inalienable right to life, liberty and the pursuit of happiness." The United States Constitution relies heavily on notions of natural rights. Lockean principles of autonomous individuality have played out in various ways because of our particular history: a dedication to states' rights because of the fear of central government; a quest for equality because of our history with slavery and women's suffrage; a dedication to freedom of speech and religion because of colonial period strife with Britain. "Human rights" in America rest on individual liberty. This focus on individual rights, however, makes it difficult to address an organic unit, such as the family; to serve groups defined by status, such as children; and to recognize the interconnected nature of rights. Although Congress has ratified the International Covenant on Civil and Political Rights and various other treaties, conventions and agreements, it has not ratified the United Nations Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, nor is there a document comparable to the European Convention on Human Rights (ECHR). The United States Constitution does not mention families or children, nor does it bestow any positive rights, such as a government obligation to provide health, food, education or an adequate standard of living. Human rights law then must be found in other places: the amendments to the United States Constitution, federal laws, the jurisprudence of the United States Supreme Court, other federal courts and in the constitutions, laws and court decisions of the fifty states.
{"title":"Family Law and Human Rights: The United States Perspective","authors":"L. D. Elrod","doi":"10.1163/157180405774580053","DOIUrl":"https://doi.org/10.1163/157180405774580053","url":null,"abstract":"I. Foundations American law has developed within the ideological theme of America's founding the Declaration of Independence's assertion of one's \"inalienable right to life, liberty and the pursuit of happiness.\" The United States Constitution relies heavily on notions of natural rights. Lockean principles of autonomous individuality have played out in various ways because of our particular history: a dedication to states' rights because of the fear of central government; a quest for equality because of our history with slavery and women's suffrage; a dedication to freedom of speech and religion because of colonial period strife with Britain. \"Human rights\" in America rest on individual liberty. This focus on individual rights, however, makes it difficult to address an organic unit, such as the family; to serve groups defined by status, such as children; and to recognize the interconnected nature of rights. Although Congress has ratified the International Covenant on Civil and Political Rights and various other treaties, conventions and agreements, it has not ratified the United Nations Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, nor is there a document comparable to the European Convention on Human Rights (ECHR). The United States Constitution does not mention families or children, nor does it bestow any positive rights, such as a government obligation to provide health, food, education or an adequate standard of living. Human rights law then must be found in other places: the amendments to the United States Constitution, federal laws, the jurisprudence of the United States Supreme Court, other federal courts and in the constitutions, laws and court decisions of the fifty states.","PeriodicalId":148959,"journal":{"name":"International Law Forum Du Droit International","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129709447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1163/15718040120962725
Hamilton
{"title":"Permanent Court of Arbitration Draft Rules for the Resolution of Disputes Concerning Natural Resources and or the Environment","authors":"Hamilton","doi":"10.1163/15718040120962725","DOIUrl":"https://doi.org/10.1163/15718040120962725","url":null,"abstract":"","PeriodicalId":148959,"journal":{"name":"International Law Forum Du Droit International","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128476235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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