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Public International Law: Courts & Adjudication eJournal

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Viewing: 1 - 50 of 5,508 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 5,617
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 4,460
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
iCourts, Faculty of Law, University of Copenhagen
Downloads 2,764
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 2,617
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 2,471
6.

The Decline of the International Court of Justice

U Chicago Law & Economics, Olin Working Paper No. 233; U of Chicago, Public Law Working Paper No. 81
Number of pages: 39 Posted: 06 Dec 2004
Working Paper Series
University of Chicago - Law School
Downloads 2,297
7.

The Globalization of Jurisdiction

The Globalization of Jurisdiction, University of Pennsylvania Law Review, Vol. 151, pp. 311-529, December 2002
Number of pages: 219 Posted: 10 Apr 2002
Accepted Paper Series
George Washington University - Law School
Downloads 2,136
8.

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 2,133
9.

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 2,070
10.

A Theory of International Adjudication

U Chicago Law & Economics, Olin Working Paper No. 206; UC Berkeley Public Law Research Paper No. 146
Number of pages: 72 Posted: 01 Mar 2004
Working Paper Series
University of Chicago - Law School and University of California at Berkeley School of Law
Downloads 1,986
11.

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 1,905
12.

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 1,811
13.

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 1,804
14.

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 1,775
15.

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 1,733
16.

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 1,686
17.

Res Judicata in International Arbitral Awards

Number of pages: 23 Posted: 16 May 2011
Working Paper Series
Catholic University of Mlan
Downloads 1,676
18.

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 1,660
19.

The Challenge of a Global Standard of Justice: Peace, Pluralism, and Punishment at the International Criminal Court

Columbia Journal of Transnational Law, Vol. 44, 2006
Number of pages: 74 Posted: 02 Nov 2005
Accepted Paper Series
Suffolk University Law School
Downloads 1,657
20.

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 1,616
21.

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 1,612
22.

Is the International Court of Justice Biased?

U Chicago Law & Economics, Olin Working Paper No. 234
Number of pages: 43 Posted: 04 Jan 2005
Working Paper Series
University of Chicago - Law School and University of Connecticut - School of Law
Downloads 1,610
23.

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 1,609
24.

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 1,599
25.

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 1,566
26.

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 1,540
27.

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 1,517
28.

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 Politics
Downloads 1,497
29.

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
Downloads 1,470
30.

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 1,466
31.

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 1,463
32.

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 1,459
33.

'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
George Mason University - Antonin Scalia Law School, Faculty
Downloads 1,446
34.

Reform of the International Court of Justice - a Jurisdictional Perspective

Perspectives, Vol. 5, No. 2, June 30, 2004
Number of pages: 13 Posted: 20 Sep 2004
Accepted Paper Series
Nanjing University - Law School
Downloads 1,436
35.

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 1,434
36.

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 1,433
37.

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 1,425
38.

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 1,408
39.

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 1,394
40.

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, Saarland University
Downloads 1,393
41.

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 1,359
42.

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 1,359
43.

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 1,350
44.

The European Union's Proposal for an International Investment Court: Significance, Innovations and Challenges Ahead

Transnational Dispute Management 1, 2017 (advance publication 25 May 2016)
Number of pages: 44 Posted: 10 Jan 2016 Last Revised: 25 Dec 2017
Accepted Paper Series
CNRS
Downloads 1,348
45.

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 1,336
46.

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 1,336
47.

The Legal Limits of Universal Jurisdiction

Virginia Journal of International Law, Vol. 47, No. 1, 2005, Columbia Public Law Research Paper No. 06-106, SMU Dedman School of Law Legal Studies Research Paper No. 00-16
Number of pages: 52 Posted: 29 Mar 2006 Last Revised: 27 Oct 2008
Accepted Paper Series
Southern Methodist University - Dedman School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 1,327
48.

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 1,318
49.

The Rule of Law without the Rule of Lawyers? Why Investment Arbitrators are from Mars, Trade Adjudicators are from Venus

Number of pages: 49 Posted: 14 Jan 2015 Last Revised: 08 Oct 2015
Working Paper Series
Graduate Institute of International and Development Studies (IHEID)
Downloads 1,307
50.

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 1,302