Post Tagged with: "law"

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The Path to Authoritarianism: How do we get there?!

Authoritarian regimes are assessed through their use of judiciaries to give legitimacy to autocratic rule, reinforcing the importance of the separation of powers doctrine

International Law

International Law

Although questions about international law persist, especially when powerful nations use their political power to ‘bend’ the law, today hardly anyone declares international law as irrelevant.

Fourteen Points on Local Courts in the U.S.

Fourteen Points on Local Courts in the U.S.

Local judges need to be more empowered, not less, so that they can engage their training in impartial decision making based on law and principle.

Review – The New Terrain of International Law: Courts, Politics, Rights

Review – The New Terrain of International Law: Courts, Politics, Rights

Some lack of definition in Alter’s book does not diminish her valiant and highly successful effort to sketch the architecture of the international legal regime.

Mothers of Srebrenica v the Netherlands: The Law as Constraint for Peacekeeping?

Mothers of Srebrenica v the Netherlands: The Law as Constraint for Peacekeeping?

Balancing the expectations raised by peacekeeping and the legal remedies should make future tort claims as a response to failed peacekeeping missions less plausible.

Interview – Terry Nardin

Interview – Terry Nardin

Professor Terry Nardin of the National University of Singapore answers your questions about humanitarian intervention, human rights, recent events in the Middle East and West Africa, and global justice.

Hitting the Target?

Hitting the Target?

The only thing that is precise about drone strikes is the machine that delivers them. We should be realistic about how much we can programme imprecision out of our lives – and more modest about the true nature of precision strikes.

Resource Control in the Niger Delta: Conceptual Issues and Legal Realities

Resource Control in the Niger Delta: Conceptual Issues and Legal Realities

Resource control in the Niger Delta must be reconceptualised to recognize and give priority to its ‘local’ variant for the benefit of ordinary citizens while providing the basis to promote peaceful resolution of ‘resource control’ issues.

Intervention in the Internal Affairs of States

Intervention in the Internal Affairs of States

The moral imperative to intervene in a nation’s internal affairs where acts of genocide are threatened is a powerful one. That the UN is eager to push the doctrine of R2P and to re-define sovereignty to permit intervention in a state’s internal affairs is testimony to the fact that the Charter does not provide that legal authority. It should.

Where Does Article 38 Stand Today?

Where Does Article 38 Stand Today?

Although Article 38 has helped define international law as a discipline distinct from politics and international relations, it has fallen short of seeing the process through. As dynamic as society is, law needs to be one step ahead to ensure that there is a means to keep actions and omissions in check.

Leal’s Execution was Legal (Sort Of), But That Doesn’t Make it Right

Leal’s Execution was Legal (Sort Of), But That Doesn’t Make it Right

The international community watched with muted anger Friday afternoon as Texas executed Mexican national Humberto Leal Garcia after the Supreme Court refused to stay his sentence. Little doubt remains that in doing so, the United States violated the 1963 Vienna Convention on Consular Relations, and this is not the first such occurrence.

Fixing War Powers and Constraining Presidential Power?

Last week, the National War Powers Commission published its report on how to fix war powers. The Commission notes that the War Powers Resolution of 1973 has been monumentally ineffective at resolving fundamental questions — both constitutional and political — of war powers.

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