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The United States and International Humanitarian Law: Building It Up, Then Tearing It Down 美国与国际人道法:建立它，然后拆毁它
North Carolina Journal of International Law and Commercial Regulation Pub Date : 2014-06-30 DOI: 10.2139/SSRN.2104240
M. D. Davis
{"title":"The United States and International Humanitarian Law: Building It Up, Then Tearing It Down","authors":"M. D. Davis","doi":"10.2139/SSRN.2104240","DOIUrl":"https://doi.org/10.2139/SSRN.2104240","url":null,"abstract":"In the aftermath of World War II, the United States was a leader in advancing international humanitarian law, more commonly known as the law of war. The law of war imposes limitations on permissible conduct in an armed conflict in order to constrain the violence, reduce the harm to those not involved in the conflict, mitigate the suffering of combatants, and facilitate a return to peace. After decades championing the law of war, the United States has often ignored it as an inconvenience and impediment in its so-called war on terrorism setting a precedence that could prove problematic in the future when other state parties follow its example. This paper examines the development of the law of war, the role the United States played in its advancement, areas where post-9/11 policies strayed, and argues that it is in the national interest for the United States to reaffirm its commitment to IHL.","PeriodicalId":272033,"journal":{"name":"North Carolina Journal of International Law and Commercial Regulation","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124920404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Deterring War Crimes 制止战争罪行
North Carolina Journal of International Law and Commercial Regulation Pub Date : 2011-11-08 DOI: 10.2139/SSRN.1956534
Shai Dothan
{"title":"Deterring War Crimes","authors":"Shai Dothan","doi":"10.2139/SSRN.1956534","DOIUrl":"https://doi.org/10.2139/SSRN.1956534","url":null,"abstract":"The International Criminal Court (ICC) was created by the Rome Statute to prosecute and adjudicate international crimes, such as war crimes and crimes against humanity. The ICC applies a jurisdictional rule known as the rule of complementarity. Under this rule, the ICC may not prosecute crimes that are investigated or prosecuted by a state. The ICC could have adopted a rule of primacy — such as that adopted by the International Criminal Tribunal for the Former Yugoslavia (ICTY) — that would allow it to prosecute cases even if they were investigated or prosecuted by a state. This paper explores the conditions under which complementarity better deters officers from committing war crimes than does primacy. It concludes that the jurisdictional rule that better deters officers depends on the probability of prosecution by the ICC that officers face. Complementarity deters more officers when the probability of prosecution is low, as it is now. But if the probability of prosecution increases significantly, then better deterrence can be achieved by shifting to primacy.","PeriodicalId":272033,"journal":{"name":"North Carolina Journal of International Law and Commercial Regulation","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121701439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 10
Polyethylene Retail Carrier Bags : Non-Market Economy Status and U.S. Unfair Trade Actions Against Vietnam 聚乙烯零售购物袋:非市场经济地位和美国对越南的不公平贸易行动
North Carolina Journal of International Law and Commercial Regulation Pub Date : 2010-11-11 DOI: 10.2139/ssrn.1519961
D. Gantz
{"title":"Polyethylene Retail Carrier Bags : Non-Market Economy Status and U.S. Unfair Trade Actions Against Vietnam","authors":"D. Gantz","doi":"10.2139/ssrn.1519961","DOIUrl":"https://doi.org/10.2139/ssrn.1519961","url":null,"abstract":"Like China, Vietnam was required as a condition of WTO accession to accept that other WTO Members would be able to use non-market-economy methodology for an extended period (2018 in the case of Vietnam) when bringing antidumping actions against Vietnamese producers. Vietnam also agreed to the use of special non-national “benchmarks” for calculating the benefits derived from certain government subsidy programs when those programs were challenged under national countervailing duty actions. In 2009, the U.S Department of Commerce brought its first CVD action against Vietnam, Polyethylene Retail Carrier Bags.This article reviews the history of such actions against Vietnam (and to a lesser extent, China), with particular emphasis on the PRCB action and its implication for future U.S. unfair trade actions against Vietnam.","PeriodicalId":272033,"journal":{"name":"North Carolina Journal of International Law and Commercial Regulation","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126036754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mexican Drug Violence and Adversarial Experiments 墨西哥毒品暴力和对抗实验
North Carolina Journal of International Law and Commercial Regulation Pub Date : 2009-10-01 DOI: 10.2139/SSRN.1481263
R. Wright
{"title":"Mexican Drug Violence and Adversarial Experiments","authors":"R. Wright","doi":"10.2139/SSRN.1481263","DOIUrl":"https://doi.org/10.2139/SSRN.1481263","url":null,"abstract":"Two remarkable developments mark this time in Mexican criminal justice as profoundly different. First, the country is suffering through wrenching violence connected with the drug trade. Second, Mexico has embarked on procedural changes both at the federal and state levels. Many characterize this procedural transformation as a shift from an inquisitorial to an adversarial model of criminal procedure. I suggest, however, that the reforms do not simply endorse the strengths of a particular adversarial fact-finding method. Rather, the codes create meaningful competition for the public prosecutors in Mexico during the investigation, trial, and punishment of alleged criminals. This essay considers the connections between these two events, both in the past and the future. Did one development cause the other, or did they both flow from a single cause? First, I consider the “inevitability hypothesis.” According to this view, procedural reform would have happened with or without the drug violence, and the fact that they occurred at the same moment is simply a coincidence. I believe the stronger account, however, is the “violence-as-causation” hypothesis. According to this account, the extraordinary drug violence of 2007 made possible a sweeping set of procedural changes. The violence was necessary to motivate actors to embrace major institutional change.","PeriodicalId":272033,"journal":{"name":"North Carolina Journal of International Law and Commercial Regulation","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117294842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Chinese Regionalism and the 2004 ASEAN-China Accord: The WTO and Legalized Trade Distortion 中国地区主义与2004年中国—东盟协定:WTO与贸易扭曲合法化
North Carolina Journal of International Law and Commercial Regulation Pub Date : 2006-01-02 DOI: 10.2139/ssrn.649361
M. Killion
{"title":"Chinese Regionalism and the 2004 ASEAN-China Accord: The WTO and Legalized Trade Distortion","authors":"M. Killion","doi":"10.2139/ssrn.649361","DOIUrl":"https://doi.org/10.2139/ssrn.649361","url":null,"abstract":"The issue presented is whether Chinese regionalism (quyu zhuyi), or new regionalism (xin quyu zhuyi), poses a threat to the multilateral world trading system. The question directly relates to the recent 2004 ASEAN-China accord, which proposes to establish the world's largest free trade area (FTA). Regionalism promoted by exclusionary motivations, such as political considerations, tends to produce trade distortion, and is welfare-reducing. An exclusionary trading area of such magnitude may pose a threat to multilateral world trade. In such an event, trade distortion may result in great harm to the global economy, producing disastrous economic and social consequences worldwide. This article examines the consequences that may flow from the recent 2004 ASEAN-China accord and adequacy of the World Trade Organization (WTO) rules governing FTAs. It also analyzes Chinese regionalism, trade distortion versus trade creation, and finally, whether the 2004 ASEAN-China accord threatens the WTO and multilateral trade, especially in the wake of the January 1, 2005, termination of the WTO Agreement on Textiles and Clothing (ATC).","PeriodicalId":272033,"journal":{"name":"North Carolina Journal of International Law and Commercial Regulation","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126630616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Destruction of Property (on an International Scale): The Recent Oil Platforms Case and the International Court of Justice's Inconsistent Commentary on the Use of Force by the United States 财产破坏(在国际范围内):最近的石油平台案和国际法院对美国使用武力的不一致评论
North Carolina Journal of International Law and Commercial Regulation Pub Date : 2004-03-10 DOI: 10.2139/SSRN.539922
S. Young
{"title":"Destruction of Property (on an International Scale): The Recent Oil Platforms Case and the International Court of Justice's Inconsistent Commentary on the Use of Force by the United States","authors":"S. Young","doi":"10.2139/SSRN.539922","DOIUrl":"https://doi.org/10.2139/SSRN.539922","url":null,"abstract":"This Article examines the recently decided Oil Platforms case announced by the International Court of Justice, remarking on the internal inconsistencies and problems associated with the actual holding. The ICJ's holding in this case inconsistently applies the traditional \"use of force\" doctrine as applied in other cases decided by the Court, thereby providing evidence of other factors at work in the decision of the Court. Indeed, analysis of the holding, along with examination of the statements made by judges in the ICJ in several separate opinions exhibit the ICJ's desire to reprimand the United States for its current actions in Iraq and the United States' fundamental misunderstanding of \"proper\" use of force. This Article also contributes to the scholarship on the developing role of the International Court of Justice and the commentary on international tribunals playing a quasi-political role in international affairs.","PeriodicalId":272033,"journal":{"name":"North Carolina Journal of International Law and Commercial Regulation","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134620061","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Semiotics, Hermeneutics and Cash: An Essay on the True and Fair View 符号学、解释学与现金:真与公平观随笔
North Carolina Journal of International Law and Commercial Regulation Pub Date : 2003-03-07 DOI: 10.2139/SSRN.386041
L. Cunningham
{"title":"Semiotics, Hermeneutics and Cash: An Essay on the True and Fair View","authors":"L. Cunningham","doi":"10.2139/SSRN.386041","DOIUrl":"https://doi.org/10.2139/SSRN.386041","url":null,"abstract":"Cash is king. As countries struggle to develop accounting standards that translate across borders, the cash flow statement is a promising place to look. This essay reviews global accounting practices in several countries, showing how angst expressed in concepts such as semiotics and hermeneutics are both fascinating and unnecessary. In doing so, it considers continuing weaknesses in the US regulatory model, including in the Sarbanes-Oxley Act, and shows ways that markets have been ahead of regulators in developing convergence in financial reporting.","PeriodicalId":272033,"journal":{"name":"North Carolina Journal of International Law and Commercial Regulation","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132105583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 9
Liberal Ideals and Political Feasibility: Guest-Worker Programs as Second-Best Policies 自由主义理想与政治可行性:客工计划是次优政策
North Carolina Journal of International Law and Commercial Regulation Pub Date : 2002-05-23 DOI: 10.2139/SSRN.310114
Howard F. Chang
{"title":"Liberal Ideals and Political Feasibility: Guest-Worker Programs as Second-Best Policies","authors":"Howard F. Chang","doi":"10.2139/SSRN.310114","DOIUrl":"https://doi.org/10.2139/SSRN.310114","url":null,"abstract":"From the perspective of the economic interests of natives, guest-worker programs may be an optimal response to concerns regarding the fiscal impact of unskilled alien workers. Through such programs, natives enjoy the benefits of these workers in the labor market but do not bear the fiscal burden of providing the full set of public benefits that these workers would receive if they had ready access to permanent residence and, ultimately, citizenship. From the perspective of liberal principles of justice, however, the ideal would be access to citizenship, and guest-worker programs are only second-best policies. As long as natives are unwilling to bear the fiscal burdens that more liberal policies would entail, however, access to permanent residence will remain limited. Given these constraints of political feasibility, a liberalized guest-worker policy would represent a worthwhile improvement over the status quo, whether from the perspective of natives, aliens, or cosmopolitan liberalism.","PeriodicalId":272033,"journal":{"name":"North Carolina Journal of International Law and Commercial Regulation","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134236238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 24
To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity 在法律之外生活，你必须诚实:布拉姆·菲舍尔和诚信的意义
North Carolina Journal of International Law and Commercial Regulation Pub Date : 1900-01-01 DOI: 10.1080/02587203.2001.11827635
S. Ellman
{"title":"To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity","authors":"S. Ellman","doi":"10.1080/02587203.2001.11827635","DOIUrl":"https://doi.org/10.1080/02587203.2001.11827635","url":null,"abstract":"","PeriodicalId":272033,"journal":{"name":"North Carolina Journal of International Law and Commercial Regulation","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131286065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Transplanting Secured Transactions Law: Trapped in the Civil Code for Emerging Economy Countries 担保交易法的移植:新兴经济国家民法典的困境
North Carolina Journal of International Law and Commercial Regulation Pub Date : 1900-01-01 DOI: 10.31228/osf.io/5f6nw
Xuan-Thao N. Nguyen, T. Nguyen
{"title":"Transplanting Secured Transactions Law: Trapped in the Civil Code for Emerging Economy Countries","authors":"Xuan-Thao N. Nguyen, T. Nguyen","doi":"10.31228/osf.io/5f6nw","DOIUrl":"https://doi.org/10.31228/osf.io/5f6nw","url":null,"abstract":"40 North Carolina Journal of International Law and Commercial Regulation 1 (2014)","PeriodicalId":272033,"journal":{"name":"North Carolina Journal of International Law and Commercial Regulation","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129504456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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