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Public International Law: Courts & Adjudication eJournal

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Viewing: 1 - 50 of 2,847 papers

1.

U.N. Peace-Enforcement Missions and International Criminal Law: Disentangling the Turf War Between the Security Council and the International Criminal Court

Forthcoming in K. Bannelier-Christakis and T. Christakis (eds.), Aux Confins du Ius Ad Bellum et du Ius in Bello (Paris: Pedone, 2013), Grotius Centre Working Paper 2013/005-PSL
Number of pages: 29 Posted: 06 Jun 2013
Accepted Paper Series
Leiden University
Downloads 5,247
2.

The EU, the European Court of Justice and the International Legal Order after Kadi

Harvard International Law Journal, Vol. 1, No. 51, 2009, Fordham Law Legal Studies Research Paper No. 1321313
Number of pages: 52 Posted: 29 Dec 2008 Last Revised: 17 Feb 2009
Accepted Paper Series
New York University (NYU) - Law School
Downloads 4,315
3.

In the Court(s) We Trust? On the Need for Hierarchy and Differentiation in the Preliminary Ruling Procedure

European Law Review, Forthcoming
Number of pages: 23 Posted: 25 Apr 2007
Accepted Paper Series
London School of Economics & Political Science (LSE)
Downloads 2,415
4.

Comparing Insider Trading in the United States and in the European Union: History and Recent Developments

European Corporate Governance Institute (ECGI) - Law Working Paper No. 257/2014, Bocconi Legal Studies Research Paper No. 2442049
Number of pages: 36 Posted: 29 May 2014 Last Revised: 09 Apr 2015
Working Paper Series
Pennsylvania State University, Penn State Law
Downloads 2,200
5.

‘Fragmentation’, Diversification and ‘3D’ Legal Pluralism: International Criminal Law as the Jack-in-The-Box?

Published in L. van den Herik and C. Stahn (eds), The Diversification and Fragmentation of International Criminal Law, Martinus Nijhoff Publishers, 2012
Number of pages: 57 Posted: 22 Oct 2012
Accepted Paper Series
Leiden University - Leiden Law School and Leiden University
Downloads 2,179
6.

The First Judgment of the International Criminal Court (Prosecutor v. Lubanga): A Comprehensive Analysis of the Legal Issues

International Criminal Law Review, Vol. 12, No. 2, 2012
Number of pages: 39 Posted: 29 Mar 2012 Last Revised: 07 Jan 2013
Working Paper Series
University of Goettingen (Gottingen)
Downloads 2,003
7.

Investor-State Arbitration as Governance: Fair and Equitable Treatment, Proportionality and the Emerging Global Administrative Law

NYU School of Law, Public Law Research Paper No. 09-46
Number of pages: 56 Posted: 03 Sep 2009
Working Paper Series
New York University School of Law and University of Amsterdam
Downloads 1,819
8.

Piercing the Corporate Veil in International Arbitration

Global Business Law Review, Vol. 1, p. 169, 2011
Number of pages: 18 Posted: 23 Mar 2010 Last Revised: 12 May 2011
Accepted Paper Series
The British Institute of International and Comparative Law (BIICL)
Downloads 1,769
9.

The Rule of Prior Exhaustion of Local Remedies in the International Law Doctrine and its Application in the Specific Context of Human Rights Protection

European University Institute Working Paper LAW No. 2007/02
Number of pages: 31 Posted: 21 Feb 2007
Working Paper Series
European University Institute - Department of Law (LAW) and European University Institute - Department of Law (LAW)
Downloads 1,656
10.

The Age of Criminal Responsibility in International Criminal Law

INTERNATIONAL CRIMINAL ACCOUNTABILITY AND THE RIGHTS OF CHILDREN, Karin Arts, Vesselin Popovski, (eds), The Hague: T.M.C. Asser Press, 2006
Number of pages: 13 Posted: 03 Oct 2006
Accepted Paper Series
Université du Luxembourg
Downloads 1,635
11.

Criticizing the Horizontal Direct Effect of the EU General Principle of Equality

European Human Rights Law Review, Issue 4, pp. 437-447, 2011
Number of pages: 15 Posted: 20 Aug 2011
Working Paper Series
Department of Law, University of Cyprus
Downloads 1,589
12.

Sharing the Law: The Appeal of International Criminal Law for International Commissions of Inquiry

published as: Larissa van den Herik and Catherine Harwood, 'Commissions of Inquiry and the Charm of International Criminal Law: Between Transactional and Authoritative Approaches', in Philip Alston and Sarah Knuckey (eds), The Transformation of Human Rights Fact-Finding (Oxford: OUP, 2016) 233-254, Grotius Centre Working Paper No. 2014/016-ICL
Number of pages: 22 Posted: 30 Jan 2014 Last Revised: 16 Oct 2017
Accepted Paper Series
Leiden University and Leiden University
Downloads 1,583
13.

The Impact of Recent Judgments of the European Court on English Procedural Law and Practice

Zeitschrift fur Schweizerisches Recht, Vol. II, No. 124, pp. 231-262, 2005, Oxford Legal Studies Research Paper No. 11/2006
Number of pages: 23 Posted: 01 May 2006
Accepted Paper Series
University of Oxford - Faculty of Law
Downloads 1,565
14.

Protecting Patients with Passports: Medical Tourism and the Patient Protective-Argument

Iowa Law Review, Vol. 95, No. 5, 2010, Harvard Public Law Working Paper No. 10-08
Number of pages: 101 Posted: 18 Dec 2009 Last Revised: 18 May 2017
Accepted Paper Series
Harvard Law School
Downloads 1,562
15.

Res Judicata in International Arbitral Awards

Number of pages: 23 Posted: 16 May 2011
Working Paper Series
Catholic University of Mlan
Downloads 1,561
16.

Interpreting European Law - Judicial Adjudication in a Context of Constitutional Pluralism

Number of pages: 20 Posted: 03 Jun 2008
Working Paper Series
European University Institute
Downloads 1,544
17.

The Law and Politics of Comtemporary Transitional Justice

Cornell International Law Journal, Vol. 38, p. 837, 2005, NYLS Legal Studies Research Paper No. 06/07-10
Number of pages: 27 Posted: 08 Nov 2006
Accepted Paper Series
New York Law School
Downloads 1,537
18.

The Fragmented International Legal Response to Terrorism

Published in L. van den Herik and N. Schrijver (eds), Counter-Terrorism Strategies in a Fragmented International Legal Order: Meeting the Challenges, Cambridge University Press, 2013 (Forthcoming)
Number of pages: 20 Posted: 21 Oct 2012
Accepted Paper Series
Leiden University and Leiden University - Leiden Law School
Downloads 1,481
19.

The Identity Crisis of International Criminal Law

Leiden Journal of International Law, Vol. 21, pp. 925–963, 2008,
Number of pages: 39 Posted: 05 May 2008 Last Revised: 03 Dec 2010
Accepted Paper Series
Queen's University - Faculty of Law
Downloads 1,480
20.

The Diplomacy of Universal Jurisdiction: The Political Branches and the Transnational Prosecution of International Crimes

American Journal of International Law, Vol. 105, p. 1, 2011
Number of pages: 101 Posted: 19 Aug 2010 Last Revised: 23 Feb 2011
Accepted Paper Series
University of California, Los Angeles (UCLA) - School of Law
Downloads 1,439
21.

Searching Places Unknown: Law Enforcement Jurisdiction on the Dark Web

Stanford Law Review, Vol. 69, April 2017, UC Hastings Research Paper No. 170
Number of pages: 62 Posted: 07 Mar 2016 Last Revised: 22 Jun 2017
Accepted Paper Series
Boston University - School of Law
Downloads 1,435
22.

The New Legal Pluralism

Annual Review of Law and Social Science, Vol. 5, pp. 225-242, 2009
Number of pages: 18 Posted: 14 Nov 2009
Accepted Paper Series
George Washington University - Law School

Multiple version iconThere are 2 versions of this paper

Downloads 1,424
23.

The ICJ and the Use of Force

Number of pages: 31 Posted: 17 Aug 2013
Working Paper Series
University of Cambridge - Faculty of Law
Downloads 1,423
24.

The Past and Future Relationship of the European Court of Justice and the European Court of Human Rights: A Functional Analysis

Number of pages: 33 Posted: 22 Apr 2012 Last Revised: 28 May 2012
Working Paper Series
Princeton University - Department of Political Science
Downloads 1,414
25.

'A Guantanamo on the Sea': The Difficulties of Prosecuting Pirates and Terrorists

California Law Review, Vol. 98, p. 234, 2010, Northwestern Public Law Research Paper No. 09-10
Number of pages: 35 Posted: 01 Apr 2009 Last Revised: 27 Mar 2010
Accepted Paper Series
Downloads 1,412
26.

Can the International Criminal Court Deter Atrocity?

Number of pages: 54 Posted: 21 Jan 2015 Last Revised: 08 Mar 2016
Working Paper Series
Texas A&M University - Department of Political Science and University of Pennsylvania Law School
Downloads 1,380
27.

The Shadow Side of Complementarity: The Effect of Article 17 of the Rome Statute on National Due Process

Criminal Law Forum, Vol. 17, 2006
Number of pages: 26 Posted: 12 Jun 2006
Accepted Paper Series
University of Amsterdam
Downloads 1,369
28.

Scales of Justice: Assessing Italian Criminal Procedure Through the Amanda Knox Trial

Boston University International Law Journal, Vol. 30, No. 1, 2012
Number of pages: 32 Posted: 08 Jan 2012 Last Revised: 25 Apr 2012
Accepted Paper Series
Boston University School of Law
Downloads 1,364
29.

International Criminal Courts and Fair Trials: Difficulties and Prospects

Yale Journal of International Law, Vol. 27, p. 111, 2002, U of Cincinnati Public Law Research Paper No. 06-29
Number of pages: 30 Posted: 12 Oct 2006
Accepted Paper Series
University of Cincinnati - College of Law
Downloads 1,360
30.

After the EU Charter of Fundamental Rights: The Court of Justice as a Human Rights Adjudicator?

Forthcoming, Maastricht Journal of European and Comparative Law, Vol. 20 (2013), NYU School of Law, Public Law Research Paper No. 13-51
Number of pages: 16 Posted: 02 Sep 2013 Last Revised: 30 Jan 2015
Accepted Paper Series
New York University (NYU) - Law School
Downloads 1,359
31.

State Responsibility for Acts of Non-State Actors: A Comment on Griebel and Pluecken

Leiden Journal of International Law, Vol. 22, 2009
Number of pages: 22 Posted: 26 Nov 2008
Accepted Paper Series
University of Nottingham School of Law
Downloads 1,339
32.

EU Law and the ECHR: Will EU Accession to the European Convention on Human Rights Square the Circle?

Number of pages: 29 Posted: 29 Sep 2013
Working Paper Series
Europa-Institut University of Saarbrücken
Downloads 1,338
33.

Rehabilitation or Revenge: Prosecuting Child Soldiers for Human Rights Violations

Georgetown Journal of International Law, Vol. 38, 2007
Number of pages: 32 Posted: 17 Jan 2009
Accepted Paper Series
University of Baltimore - School of Law
Downloads 1,290
34.

The New Innovation Frontier? Intellectual Property and the European Court of Human Rights

Harvard International Law Journal, Vol. 49, p.1, 2008, Vanderbilt Public Law Research Paper No. 07-05, Vanderbilt Law and Economics Research Paper No. 07-05
Number of pages: 53 Posted: 01 Apr 2007
Accepted Paper Series
Duke University School of Law
Downloads 1,284
35.

Legislating from a Radical Hague: The United Nations Special Tribunal for Lebanon Invents an International Crime of Transnational Terrorism

Leiden Journal of International Law, 2011, Sydney Law School Research Paper No. 11/35
Number of pages: 25 Posted: 17 Jun 2011
Accepted Paper Series
The University of Sydney Law School
Downloads 1,276
36.

Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law

3 Notre Dame J. Int’l & Comp. L. 1 (2013),
Number of pages: 50 Posted: 04 Feb 2013 Last Revised: 21 Jun 2014
Accepted Paper Series
U.S. Department of Justice - National Security Division
Downloads 1,274
37.

The European Court's Political Power Across Time and Space

Northwestern Law & Econ Research Paper No. 09-03
Number of pages: 24 Posted: 29 Jan 2009 Last Revised: 14 May 2016
Working Paper Series
Downloads 1,271
38.

EU Accession to the ECHR: Implications for the Judicial Review in Strasbourg

European Law Review, Vol. 35, p. 777, December 2010
Number of pages: 23 Posted: 08 Jan 2011 Last Revised: 14 Jan 2011
Accepted Paper Series
University of Edinburgh School of Law
Downloads 1,267
39.

Arbitration and EU Competition Law

Number of pages: 49 Posted: 13 Dec 2009 Last Revised: 19 Jul 2010
Working Paper Series
University College London - Faculty of Laws
Downloads 1,242
40.

Jus Cogens after Germany v. Italy: Substantive and Procedural Rules Distinguished

Leiden Journal of International Law 25 (2012) , Bonn Research Papers on Public International Law No 4/2012
Number of pages: 30 Posted: 18 Jun 2012 Last Revised: 18 Jun 2012
Working Paper Series
University of Bonn, Institute of Public International Law
Downloads 1,202
41.

International Law in Domestic Courts: A Conflict of Laws Approach

American Society of International Law Proceedings, Vol. 103, 2009, Duke Law School Public Law & Legal Theory Paper No. 253, Cornell Legal Studies Research Paper No. 09-016
Number of pages: 11 Posted: 03 Jun 2009
Accepted Paper Series
University of Toronto - Faculty of Law, Duke University School of Law and Cornell University - Law School
Downloads 1,200
42.

International Courts as Agents of Legal Change: Evidence from LGBT Rights in Europe

68:1 International Organization 77-110 (2014)
Number of pages: 34 Posted: 24 May 2011 Last Revised: 25 Dec 2014
Accepted Paper Series
Duke University School of Law and Georgetown University - Edmund A. Walsh School of Foreign Service (SFS)
Downloads 1,193
43.

Accession of the EU to the ECHR: Who Would Be Responsible in Strasbourg?

Number of pages: 37 Posted: 03 Oct 2010
Working Paper Series
University of Edinburgh School of Law
Downloads 1,190
44.

Is Private Enforcement of EU Law Through State Liability a Myth? – An Assessment 20 Years after Francovich

Common Market Law Review, Forthcoming
Number of pages: 19 Posted: 11 Jul 2012
Accepted Paper Series
University of Edinburgh School of Law
Downloads 1,170
45.

Proportionality in EU Law: A Balancing Act?

TILEC Discussion Paper No. 2013-003
Number of pages: 32 Posted: 30 Jan 2013
Working Paper Series
Tilburg Law and Economics Center (TILEC)
Downloads 1,169
46.

Beyond Retroactivity to Realizing Justice: A Theory on the Principle of Legality in International Criminal Law Sentencing

Journal of Criminal Law and Criminology, Vol. 99, No. 4, 2009
Number of pages: 72 Posted: 21 Feb 2009 Last Revised: 09 Apr 2012
Accepted Paper Series
Downloads 1,168
47.

Some Reflections on the Question of the Goals of EU Competition Law

CLES Working Paper Series 3/2013
Number of pages: 65 Posted: 21 Mar 2013 Last Revised: 10 Apr 2013
Working Paper Series
University College London - Faculty of Laws
Downloads 1,158
48.

Foreign Corrupt Practices Act Enforcement as Seen through Wal-Mart's Potential Exposure

White Collar Crime Report, Vol. 7, 2012
Number of pages: 8 Posted: 13 Sep 2012
Accepted Paper Series
Southern Illinois University School of Law
Downloads 1,154
49.

Against a World Court for Human Rights

Ethics and International Affairs, 2014, Forthcoming, NYU School of Law, Public Law Research Paper No. 13-71
Number of pages: 23 Posted: 24 Oct 2013
Accepted Paper Series
New York University School of Law
Downloads 1,148
50.

Is the Clean Development Mechanism Sustainable? Some Critical Aspects

Sustainable Development Law & Policy, Vol. 7, No. 2, pp. 15-21, Winter 2008
Number of pages: 17 Posted: 16 Jun 2008 Last Revised: 26 Apr 2014
Accepted Paper Series
University of Oslo
Downloads 1,135