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The vain search for legal unity in the fragmentation of global law
Andreas Fischer-Lescano and Gunther Teubner

International Law Commission (ILC) for comment, in line with the process envisaged by Article 17 of its Statute, 14 but also promotes a certification procedure: The Commission could be asked to devise a general ‘check-list’ to assist States in preventing conflicts of norms, negative effects for individuals and overlapping

in Critical theory and legal autopoiesis
Patrick Thornberry

/50/40, vol. 1, Annex VI, and the United States of America, ibid. See also the views of the Special Rapporteur of the International Law Commission on reservations to treaties, A/CN.4/477/Add.1, 13 June 1996. 41 CCPR/C/21/Rev.1/Add.9, 2 November 1999 – which includes among possibly justified restrictions on such freedom (under article 12) ‘limitations on the freedom to settle in areas inhabited by indigenous or minority communities’ (para. 16). 42 CCPR/C/21/Rev.1/Add.10, 29 March 2000. Also CCPR/C/21 Rev. 1/Add. 11. 43 See A/52/40, para. 36 but see Rule 70A. 44 Cases

in Indigenous peoples and human rights
Leslie C. Green

Y.B.I.L.C. 91 the International Law Commission adopted Art. 19 (3) (d), ‘an international crime may result from . . . a serious breach of an international obligation of essential importance for the safeguarding and preservation of the human environment . . .’ and in its Draft Code of Crimes against the Peace and Security of Mankind, 1991 (30 I.L.M. 1584), Art. 22 (2) (d), it

in The contemporary law of armed conflict
Alexander Spencer

://daccess-dds-ny.un.org/doc/RESOLUTION/ GEN/NR0/739/16/IMG/NR073916.pdf (accessed 6 November 2013). 22 Draft Code of Offences against the Peace and Security of Mankind, in United Nations Yearbook of the International Law Commission, Documents of the 36th Session, 1984, vol. 2, Part 1, p. 98, http://legal.un.org/ilc/publications/yearbooks/Ybkvolumes%28e%29/ ILC_1984_v2_p1_e.pdf (accessed 6 November 2013). 23 ‘Wir sind Soldaten der Fortuna, wer Das meiste bietet, hat uns.’ ‘Ja, so ist’s.’ Translation by Samuel Taylor Coleridge, ‘The Death of Wallenstein’, Kindle Edition. 24 For more on the role of the

in Romantic narratives in international politics
Matthias Maass

by efforts of the world’s major international organizations. Both the League and the UN have been heavily involved in clarifying and enhancing the legal instruments that limit the legality of resorting to war and the conduct of warfare.150 The UN generally and its International Law Commission in particular have been fora to initiate new International Law. In parallel, the League and the UN with its associated organizations have been active in disarmament efforts.151 After the First World War, the issue of naval disarmament remained high on the agenda. The Cold War

in Small states in world politics
Christine Byron

, although the discrepancy led to conflicting decisions over whether tribunals conducted pursuant to this ordinance were indeed bound by a conflict nexus. 16 The Nuremberg Principles as formulated by the International Law Commission (ILC) did not include a conflict nexus, a position maintained in the ILC’s Draft Code of Offences against the Peace and Security of Mankind. 17 This approach was also reflected in the Genocide Convention, which defined genocide, a specific type of crime against humanity, 18 as a crime under international law whether

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
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Other offences in international armed conflicts
Christine Byron

the International Law Commission (ILC). 55 The EOC, other than those related to the nature of the conflict, require that the perpetrator ‘directed an attack’, that the ‘object of the attack was a civilian population as such or individual civilians not taking direct part in hostilities’ and that the perpetrator intended such persons to be the object of the attack. 56 The element of ‘directing an attack’ is somewhat unclear. This is due, in part, to debate over the meaning of ‘attack’ in AP I, but also to the choice of the phrase ‘directing attacks’ in Article 8

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
Open Access (free)
‘Case history’ on violence against women, and against women’s rights to health and to reproductive health
Sara De Vido

responsibility for acts of sexual violence against women committed by state organs or private parties. It is beyond question that the victims and/or their relatives should be awarded adequate compensation once a violation of their human rights has been assessed by an adjudicatory body. It is also agreed that the defendant state must conduct an impartial and effective investigation.191 What has emerged from the most recent reports issued by the Inter-American 49 DE VIDO 9781526124975 PRINT.indd 49 24/03/2020 11:01 Violence against women’s health in international law

in Violence against women’s health in international law