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Category: Print Archive

Note

Economic Crimes Against Humanity, Vol. 53

Federico J. Wynter

Whether economic sanctions can amount to crimes against humanity seems to be an issue of first impression in the ICC. It is, however, the next case in a line of disputes attempting to extend crimes against humanity into new territories and factual scenarios. This Note argues that economic sanctions applied in peacetime, such as the…

Mar 2022

Note

Fighting the Power: Queer Social Movements and Their Impact on African Laws and Culture, Vol. 53

Khalid O. Vrede

The current approach by Western actors cannot be said to help queer people in Africa achieve sustainable rights. Instead of promoting rights for sexual and gender minorities, Western punitive advocacy has worsened the situation for queer people in Africa. What, then, if anything, can Western actors do to help secure rights for queer folk in…

Mar 2022

Article

“Charming Betsy” and the Constitution, Vol. 53 

Shelly Aviv Yeini & Ariel L. Bendor

One of the main disputes in regard to how courts should interpret the federal Constitution pertains to the legitimacy of relying on international law in constitutional interpretation. This Article examines the interpretative status of international law, in general, and the controversy over the use of international law in constitutional interpretation, in particular. The Article offers…

Mar 2022

Article

“Jurisdictional Immunities” and “Certain Iranian Assets”: Missed Opportunities for Defining Sovereign Immunity at the International Court of Justice, Vol. 53 

Ylli Dautaj & William F. Fox

Recently, in the case of Certain Iranian Assets, the ICJ was presented with a magnificent opportunity to rework, clarify, and enhance the troubled doctrine of sovereign immunity, especially with regard to immunity from execution. The authors believe that the ICJ had a singular opportunity—just as it did in the Jurisdictional Immunities case in 2012—to broaden…

Mar 2022

Article

Victims and Prosecutors: Clientelism, Legalism, and Culture at the International Criminal Court, Vol. 53

Stephen Cody

Prosecutors at the International Criminal Court (ICC) have a dual mission: hold perpetrators accountable for grave international crimes, and deliver justice to victims. To fulfill these mandates, the Office of the Prosecutor must navigate dynamic understandings of justice in disparate post-conflict societies. Yet, few empirical studies have investigated how culture—viewed as a resource for navigating…

Mar 2022

Article

Toolkit or Tinderbox? When Legal Systems Interface Conflict, Vol. 53

Christie S. Warren

Toolkit or Tinderbox? The collapse of justice might manifest metaphorically. For example, in November 1985, a guerrilla group frustrated by the government’s violation of a ceasefire stormed Colombia’s Palace of Justice and held all twenty-five of the nation’s Supreme Court justices—along with hundreds of civilians—hostage. In March 2017, more than thirty years later, judges and…

Oct 2021

Article

The Diffusion of the Sandbox Approach to Disruptive Innovation and Its Limitations, Vol. 53

Chang-Hsien Tsai, Ching-Fu Lin & Han-Wei Liu

Faced with the challenges posed by disruptive technologies and innovations, many countries have adopted different regulatory approaches, institutional structures, and norms to maximize benefits and mitigate risks. Among such regulatory endeavors, the regulatory sandbox, first adopted by the United Kingdom in its financial sector, stands out as a prominent mechanism to strike a balance between…

Oct 2021

Article

Transitional Justice Cascades, Vol. 53

Aleksandar Marsavelski & John Braithwaite

Despite the enormous development of international criminal justice after the Cold War, disappointment with it has never been greater. The International Criminal Court (ICC) faces criticism from all sides. The facts speak for themselves: in nearly twenty years, and having spent approximately €1.5 billion, the ICC secured only three core criminal convictions. At the same…

Oct 2021

Article

Judicial Legitimation in China, Vol. 53

Benjamin Minhao Chen & Zhiyu Li

Courts have emerged as vital policymaking bodies of the People’s Republic of China. Chinese courts do not only adjudicate individual cases; they also operate as quasi-legislative bodies by promulgating interpretations on a wide range of fields and subjects. These judicial interpretations—issued in the absence of a live case or controversy— have come to acquire the…

Oct 2021

Society’s New Frontier – Cybersecurity, Privacy and Online Expression, Vol. 53

Len Kennedy

The following is a written adaptation of the opening speech for the 2019 Symposium. To the Journal’s editorial board, the presenters, commentators, audience, and most importantly, the sponsors, I hope you find inspiration in the Symposium’s presentations. The articles presented in this issue touch on important aspects of some very difficult problems— problems that grow…

Apr 2021