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What Is an International Crime? (A Revisionist History)
\\jciprod01\productn\H\HLI\58-2\HLI205.txt unknown Seq: 1 14-FEB-18 9:00 Volume 58, Number 2, Spring 2017 What Is an International Crime? (A Revisionist History) Kevin Jon Heller* The question “what is an international crime?” has two aspects. First, it asks us to identify which acts qualify as international crimes. Second, and more fundamentally, it asks us to identify what is distinctive about an international crime. Some disagreement exists concerning the first issue, particularly with regard to torture and terrorism. But nearly all states, international tribunals, and ICL scholars take the same position concerning the second issue, insisting that an act qualifies as an international crime if—and only if—that act is universally criminal under international law. This definition of an international crime leads to an obvious question: how exactly does an act become universally criminal under international law? One answer, the “direct criminalization thesis” (DCT), is that certain acts are universally criminal because they are directly criminalized by international law itself, regardless of whether states criminalize them. Another answer, the “national criminalization the- sis” (NCT), rejects the idea that international law directly criminalizes particular acts. According to the NCT, certain acts are universally criminal because international law obligates every state in the world to criminalize them. This Article argues that if we take positivism seriously, as every international criminal tribunal since Nuremberg has insisted we must, the NCT provides the only coherent explanation of how international law can deem certain acts to be universally criminal. I. INTRODUCTION The question posed by the title of this Article has two aspects. -
International Intellectual Property Law
ee--RRGG Electronic Resource Guide International Intellectual Property Law * Jonathan Franklin This page was last updated February 8, 2013. his electronic resource guide, often called the ERG, has been published online by the American Society of International Law (ASIL) since 1997. T Since then it has been systematically updated and continuously expanded. The chapter format of the ERG is designed to be used by students, teachers, practitioners and researchers as a self-guided tour of relevant, quality, up-to-date online resources covering important areas of international law. The ERG also serves as a ready-made teaching tool at graduate and undergraduate levels. The narrative format of the ERG is complemented and augmented by EISIL (Electronic Information System for International Law), a free online database that organizes and provides links to, and useful information on, web resources from the full spectrum of international law. EISIL's subject-organized format and expert-provided content also enhances its potential as teaching tool. 2 This page was last updated February 8, 2013. I. Introduction II. Overview III. Research Guides and Bibliographies a. International Intellectual Property Law b. International Patent Law i. Public Health and IP ii. Agriculture, Plant Varieties, and IP c. International Copyright Law i. Art, Cultural Property, and IP d. International Trademark Law e. Trade and IP f. Arbitration, Mediation, and IP g. Traditional Knowledge and IP h. Geographical Indications IV. General Search Strategies V. Primary Sources VI. Primary National Legislation and Decisions VII. Recommended Link sites VIII. Selected Non-Governmental Organizations IX. Electronic Current Awareness 3 This page was last updated February 8, 2013. -
International Law / Human Rights 1
International Law / Human Rights 1 LAW 1394 v00 Business and Human Rights (http:// INTERNATIONAL LAW / curriculum.law.georgetown.edu/course-search/?keyword=LAW %201394%20v00) (Fieldwork Practicum) HUMAN RIGHTS J.D. Practicum | 4 credit hours In fieldwork practicum courses, students participate in weekly seminars This is a sampling of courses on International Human Rights issues. and engage in related fieldwork at outside organizations. This fieldwork practicum course is designed to give students familiarity with the Search International Law Human Rights Courses (http:// field of business and human rights through a seminar in which we will curriculum.law.georgetown.edu/course-search/?cluster=cluster_52) explore the evolution of the field and the major issues that arise within it, combined with a placement in an organization that is working in some way on business and human rights issues. Students will participate in a two hour/week seminar and undertake at least 10 hours/week of fieldwork with organizations in the Washington, DC area that are involved in working on business and human rights issues. Organizations are not certain whether they will be able to provide in-person placements in fall 2021, but have committed to provide remote placements if they are not. SEMINAR: The seminar will give students an understanding of the challenges in holding multinational companies accountable for the adverse impacts of their operations. We will examine how the modern global corporation is organized around extensive supply chains, the ways in which its formal legal structure can enable it to avoid responsibility for the full range of impacts that it creates, and the successes and limitations of attempts to address this problem through litigation. -
Doctorate in International Family and Community Studies 2 - Doctorate in International Family and Community Studies
Doctorate in International Family and Community Studies 2 - Doctorate in International Family and Community Studies Doctorate in International Family and Community Studies Modern complex societies increasingly expect leaders to hold advanced degrees in order to bring so- phisticated research-informed analysis to bear on pressing issues in the public, private and civil society sectors. The PhD in International Family and Community Studies is being offered in the Balkans since 2012. By bringing a first-rate American doctoral program directly to the region, we hope to mobilize knowledge so as to increase the regional capacity for addressing important social issues and to do so at a highly competitive price and with minimal risk of “brain drain”. www.clemson.edu - 3 TABLE OF CONTENTS • Welcome Address • Program Overview • Why a Doctoral Program in the Balkans? • Why Choose this Doctoral Program? • Who is offering this Doctoral Degree? • Description of the Program • Curriculum • Course Descriptions • Faculty & Staff • Principal Faculty of IFNL • Adjunct Faculty of IFNL • Staff of IFNL • Admission Criteria • Application for Admission • Degree Requirements and Potential Waiver of Courses for Master’s Degree Students • Cost of Studies • Quality Assurance 4 - Doctorate in International Family and Community Studies WELCOME ADDRESS “Understanding family and community life is an important first step in improving social conditions. Consider continuing your journey with a doctorate in international family and commu- nity studies. Because a doctorate -
Contemporary Jurisprudence and International
THE YALE LAW JO UR NA L VOLUME 61 MAY 1952 NUMBER 5 CONTEMPORARYJURISPRUDENCE AND INTERNATIONAL LAW* F.S. C.NORTHROPt WORLDsurvival and progress in an atomic epoch depends on an effective international law. Yet several recent students of the subject conclude that any further attempt to improve international relations by legal means is not merely unrealistic and impractical, but also likely to result in more harm than good. Is this to be the final verdict? The purpose of this inquiry is to answer this question by analyzing the major contemporary theories of jurisprudence and their bearing on international law. LEGAL POSITIVISM Legal positivism delimits the subject matter of law to the cases and proposi- tions in law books and to the legal institutions which apply those propositions. In domestic law this restriction of the law to the positive law has been found wanting. Dean Roscoe Pound's strictures against this "give-it-up" philosophy are well known.1 Justice Holmes' and Brandeis' pragmatic conception of law as a social instrument for facing and resolving social problems rather than running away from them is now a commonplace. Increasingly important is Myres McDougal's observation that not merely British legal positivism but also American legal realism leave one with a type of law which is incapable of meeting either the opportunities or responsibilities of the contemporary world.2 It has remained, however, for a legal positivist, P. E. Corbett, to give the final reductio ad absurdurn to such a system of jurisprudence in his Law and Society in the Relations of States.3 Consider, for example, the theory of auto-limitation introduced by Jellinek to account for legal obligation in international law. -
International Civic and Citizenship Education Study
International Civic and Citizenship Education Study Assessment Framework Wolfram Schulz Julian Fraillon John Ainley Bruno Losito David Kerr ICCS ASSESSMENT FRAMEWORK 1 2 ICCS ASSESSMENT FRAMEWORK International Civic and Citizenship Education Study Assessment Framework Wolfram Schulz Julian Fraillon John Ainley Bruno Losito David Kerr ICCS ASSESSMENT FRAMEWORK 1 Copyright © 2008 International Association for the Evaluation of Educational Achievement All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, electrostatic, magnetic tape, mechanical, photocopying, recording or otherwise without permission in writing from the copyright holder. ISBN: 978-90-9023778-7 Copies of this publication can be obtained from: The IEA Secretariat Herengracht 487 1017 BT, Amsterdam, The Netherlands Telephone + 31 20 625 3625 Fax + 31 20 420 7136 Email: [email protected] Website: www.iea.nl The International Association for the Evaluation of Educational Achievement, known as IEA, is an independent, international consortium of national research institutions and governmental research agencies, with headquarters in Amsterdam. Its primary purpose is to conduct large-scale comparative studies of educational achievement with the aim of gaining more in-depth understanding of the effects of policies and practices within and across systems of education. 2 ICCS ASSESSMENT FRAMEWORK Contents Preface 5 Overview 7 Purpose of the study 7 Background to the study 7 Research questions, -
25 Universities with Global Studies Programs Or Programs of Similar
25 UNIVERSITIES WITH GLOBAL STUDIES PROGRAMS OR PROGRAMS OF SIMILAR INTEREST *This list is not meant to be extensive but to provide you with a starting point when exploring your post-secondary options. What is a Global Studies Major? According to the The College Board: “Global studies majors are “global thinkers” in every sense. Drawing from fields as different as geography, music, political science, and ecology, they look at the connections between nations and peoples and the trends that shape our lives. And global studies majors don’t just think on a large scale. They may study how something like climate change can affect hundreds of nations, but they also consider its effects on their own backyard.” Potential Career Paths: Foreign Service/State Department; International business, including working for a domestic American corporation in their international operations, or working for a corporation abroad; Entrepreneurialism; International law; International development and sustainable development; International non-profit work or activism on environment, human rights, social justice, etc.; Journalism and other communications media; Education, especially teaching and administration at the high school level and above. Click here to see more about what you can do with a Global Studies Degree 1. BRANDEIS UNIVERSITY The International and Global Studies (IGS) Program is an interdisciplinary program that provides students with an opportunity to understand the complex processes of globalization that have so profoundly affected politics, economics, culture, society, the environment and many other facets of our lives. 2. BROWN UNIVERSITY: WATSON INSTITUTE FOR INTERNATIONAL STUDIES The Watson Institute is a community of scholars whose work aims to help us understand and address the world's great challenges, such as globalization, economic uncertainty, security threats, environmental degradation, and poverty. -
Law of Armed Conflict
Lesson 1 THE LAW OF ARMED CONFLICT Basic knowledge International Committee of the Red Cross Unit for Relations with Armed and Security Forces 19 Avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.icrc.org Original: English – June 2002 INTRODUCTION TO THE LAW OF ARMED CONFLICT BASIC KNOWLEDGE LESSON 1 [ Slide 2] AIM [ Slide 3] The aim of this lesson is to introduce the topic to the class, covering the following main points: 1. Background: setting the scene. 2. The need for compliance. 3. How the law evolved and its main components. 4. When does the law apply? 5. The basic principles of the law. INTRODUCTION TO THE LAW OF ARMED CONFLICT 1. BACKGROUND: SETTING THE SCENE Today we begin a series of lectures on the law of armed conflict, which is also known as the law of war, international humanitarian law, or simply IHL. To begin, I’d like to take a guess at what you’re thinking right now. Some of you are probably thinking that this is an ideal opportunity to catch up on some well-earned rest. “Thank goodness I’m not on the assault course or on manoeuvres. This is absolutely marvellous. I can switch off and let this instructor ramble on for 45 minutes. I know all about the Geneva Conventions anyway – the law is part of my culture and our military traditions. I really don't need to listen to all this legal ‘mumbo jumbo’.” The more sceptical and cynical among you might well be thinking along the lines of a very famous orator of ancient Rome – Cicero. -
Historical Sociology in International Relations: Open Society, Research Programme and Vocation
George Lawson Historical sociology in international relations: open society, research programme and vocation Article (Accepted version) (Refereed) Original citation: Lawson, George (2007) Historical sociology in international relations: open society, research programme and vocation. International politics, 44 (4). pp. 343-368. DOI: 10.1057/palgrave.ip.8800195 © 2007 Palgrave Macmillan This version available at: http://eprints.lse.ac.uk/2742/ Available in LSE Research Online: August 2012 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This document is the author’s final manuscript accepted version of the journal article, incorporating any revisions agreed during the peer review process. Some differences between this version and the published version may remain. You are advised to consult the publisher’s version if you wish to cite from it. Historical Sociology in International Relations: Open Society, Research Programme and Vocation Article for International Politics forum on Historical Sociology April 2006 Abstract Over the last twenty years, historical sociology has become an increasingly conspicuous part of the broader field of International Relations (IR) theory, with advocates making a series of interventions in subjects as diverse as the origins and varieties of international systems over time and place, to work on the co-constitutive relationship between the international realm and state-society relations in processes of radical change. -
Is International Relations Relevant for International Money and Finance?
Is International Relations Relevant for International Money and Finance? Thomas B. Pepinsky David A. Steinberg Department of Government Department of Political Science Cornell University University of Oregon [email protected] [email protected] FIRST DRAFT: August 5, 2014 THIS DRAFT: December 3, 2014 Is International Relations Relevant for International Money and Finance?* This paper investigates whether the discipline of international relations (IR) has contributed to international monetary and financial policy, and how it might do so more effectively. Using data from the Teaching, Research & International Policy (TRIP) surveys of policymakers, scholars, and academic journals, we show that IR research on money and finance remains a small fraction of all published IR research, and IR research on this issue rarely provides concrete policy prescriptions. This is unfortunate because scholars and policymakers agree that international money and finance are central concerns for contemporary policy. We suggest that the paucity of policy-oriented IR research on money and finance is largely a consequence of the relative success of economics in providing policymakers with the tools they need to understand economic policy problems, but that this is exacerbated by disciplinary incentives within the IR community. Increasing the policy relevance of academic IR research on money and finance will require changes to scholarly practice, and greater effort to capitalize on the complementarity of IR and economics. Although IR scholars have little influence -
Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of 17 July 1998 and corrected by procès-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The amendments to article 8 reproduce the text contained in depositary notification C.N.651.2010 Treaties-6, while the amendments regarding articles 8 bis, 15 bis and 15 ter replicate the text contained in depositary notification C.N.651.2010 Treaties-8; both depositary communications are dated 29 November 2010. The table of contents is not part of the text of the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998. It has been included in this publication for ease of reference. Done at Rome on 17 July 1998, in force on 1 July 2002, United Nations, Treaty Series, vol. 2187, No. 38544, Depositary: Secretary-General of the United Nations, http://treaties.un.org. Rome Statute of the International Criminal Court Published by the International Criminal Court ISBN No. 92-9227-232-2 ICC-PIOS-LT-03-002/15_Eng Copyright © International Criminal Court 2011 All rights reserved International Criminal Court | Po Box 19519 | 2500 CM | The Hague | The Netherlands | www.icc-cpi.int Rome Statute of the International Criminal Court Table of Contents PREAMBLE 1 PART 1. ESTABLISHMENT OF THE COURT 2 Article 1 The Court 2 Article 2 Relationship of the Court with the United Nations 2 Article 3 Seat of the Court 2 Article 4 Legal status and powers of the Court 2 PART 2. -
The Criminalization of Immigration and the International Norm of Non-Discrimination: Deportation and Detention in U.S
Minnesota Journal of Law & Inequality Volume 29 Issue 2 Article 1 December 2011 The Criminalization of Immigration and the International Norm of Non-Discrimination: Deportation and Detention in U.S. Immigration Law Barbara A. Frey X. Kevin Zhao Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Barbara A. Frey & X. K. Zhao, The Criminalization of Immigration and the International Norm of Non- Discrimination: Deportation and Detention in U.S. Immigration Law, 29(2) LAW & INEQ. 279 (2011). Available at: https://scholarship.law.umn.edu/lawineq/vol29/iss2/1 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. 279 The Criminalization of Immigration and the International Norm of Non-Discrimination: Deportation and Detention in U.S. Immigration Law Barbara A. Freyt & X. Kevin Zhaott Introduction The Law and Inequality Fall 2010 Symposium focused on the growing use of criminal prosecutions to end impunity for human rights violations. This Article takes a different look at the intersection between criminal justice and human rights law-not a view of the criminalization of human rights violations, but criminalization as a human rights violation. We review the human rights implications of U.S. immigration law as it is currently codified and enforced, focusing specifically on two aspects of the immigration law regime: the use of deportation and mandatory detention against non-citizens.' Although we believe that these practices in particular, and the treatment of non- citizens in general, fall short of several of the United States' international human rights obligations, this Article makes a more general claim: the selective convergence of criminal and immigration law contributes to a violation of a broader human rights norm-that citizens and non-citizens alike are entitled to equal dignity and inalienable rights, and that any discriminatory treatment of non-citizens must be proportional to achieving a legitimate state objective.2 This Article proceeds as follows.