Pace International Law Review最新文献_第3页

World War I and the Armenian Genocide: Laying the Groundwork for Crimes Against Humanity 第一次世界大战和亚美尼亚种族灭绝:为反人类罪奠定基础

Pace International Law Review Pub Date : 2022-05-26 DOI: 10.58948/2331-3536.1420

J. Koch

{"title":"World War I and the Armenian Genocide: Laying the Groundwork for Crimes Against Humanity","authors":"J. Koch","doi":"10.58948/2331-3536.1420","DOIUrl":"https://doi.org/10.58948/2331-3536.1420","url":null,"abstract":"For all of its advancements in international law, including delivering justice to the war criminals of the Second World War, the International Military Tribunal in Nuremberg has long been tainted with accusations of victors’ justice and criticized for violating the principle of nullem crimen sine lege . Such is the case for crimes against humanity, a crime that did not exist in positive international law until the 1945-46 legal proceedings in Nuremberg. But the historiography of the First World War — an era where punishment for war crimes is generally viewed as a wholesale failure — provides an additional, indeed novel, basis for understanding the Tribunal’s 1946 convictions for crimes against humanity as legitimate and not marred by accusations of victors’ jus tice. In particular, the 1915 declaration issued by the Allied powers in response to the Armenian genocide and the 1919 peace process, including the post-war report on war crimes, reveal that the convictions in Nuremberg for crimes against humanity were not the hollow farce that some suggest they were. Although the manner in which war crimes were dealt with following World War I is most commonly viewed as a failed effort, “crimes against humanity” was first coined as a term in","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122027160","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

The Illegally Traded Elephant in the Room: Species Terrorism & Combating Illegal Wildlife Trade 非法交易的房间里的大象:物种恐怖主义和打击非法野生动物贸易

Pace International Law Review Pub Date : 2021-12-30 DOI: 10.58948/2331-3536.1417

Áine Dillon

{"title":"The Illegally Traded Elephant in the Room: Species Terrorism & Combating Illegal Wildlife Trade","authors":"Áine Dillon","doi":"10.58948/2331-3536.1417","DOIUrl":"https://doi.org/10.58948/2331-3536.1417","url":null,"abstract":"The illegal wildlife trade has been a dilemma for decades and remains prevalent globally – international intervention is required now. While most countries participate in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”), not all countries have the same approaches to combating the illegal wildlife trade. Unique approaches can be beneficial because each illegally traded species requires a different response, and countries with limited resources can also participate. However, the lack of a unified response hinders the global fight against the illegal wildlife trade. While traditional methods to combat crime, such as passing laws, are an excellent place to start, they are meaningless without effective enforcement and prosecution. Due to the complexity of the illegal wildlife trade, the lack of understanding severely hinders the ability to effectively combat it. This comment begins with reasons why the illegal wildlife trade is critical to confront. This comment continues with illustrating what CITES is, CITES’s shortcomings, and other international organizations that aid in the fight against illegal wildlife trade. This comment then details the potential approaches to decrease the demand for","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121373791","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

Overhaul of the SDT Provisions in the WTO: Separating the Eligible from the Ineligible WTO SDT条款的改革:区分合格与不合格

Pace International Law Review Pub Date : 2021-12-30 DOI: 10.58948/2331-3536.1414

Md. Rizwanul Islam

{"title":"Overhaul of the SDT Provisions in the WTO: Separating the Eligible from the Ineligible","authors":"Md. Rizwanul Islam","doi":"10.58948/2331-3536.1414","DOIUrl":"https://doi.org/10.58948/2331-3536.1414","url":null,"abstract":"The special and differential treatment (“SDT”) provisions have been a recurring feature in the agreements of the World Trade Organization (“WTO”) treaties. However, most analysts would probably agree that the many SDT provisions have been more aspirational than operational. Hence, there is little surprise that even a selective review of the WTO jurisprudence would demonstrate that the SDT provisions have, in most cases, not done enough for their intended beneficiaries. This paper will analyze the limitations of the SDT provisions with reference to the relevant WTO jurisprudence. It will seek to explore two potential avenues of endeavoring to make the SDT provisions engender more tangible outcomes for their intended beneficiaries. This article argues that although the two means discussed here may not seem connected, they indeed are.  PhD, Macquarie University; LL.M. (Intellectual Property & Information Technology Law), National University of Singapore; LL.B. (Honours), University of Dhaka; is a Professor at Department of Law and a member, Centre for Peace Studies, North South University; <rizwanuli@u.nus.edu>. The writer would like to thank Sajid Hossain and Abdullah Saquib for their able research assistance. The article is a substantially revised and expanded version of a paper presented on July 9, 2021 at the 7th Biennial Society of International Economic Law Milan Global Conference 2021. He would like to thank Desiree LeClerecq, moderator of the panel, and co-panelists: Josephine Monioluwa Adeyele, Sparsha Janardhan, Xinyan Zhao, for their questions and comments. All errors are, of course, the author’s alone.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131336385","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

Securing the Precipitous Heights: U.S. Lawfare as a Means to Confront China at Sea, in Space, and Cyberspace 确保险峻的高度:美国的法律战作为在海上、太空和网络空间对抗中国的手段

Pace International Law Review Pub Date : 2021-12-30 DOI: 10.58948/2331-3536.1416

Garret S. Bowman

引用次数: 1

The United Nations and Human Rights Non-Governmental Organizations (NGOs) - Seventy-Five Years of Consultations, Collaboration, and Contributions (1945-2000) 联合国与人权非政府组织——75年的磋商、合作和贡献(1945-2000)

Pace International Law Review Pub Date : 2021-06-08 DOI: 10.58948/2331-3536.1413

G. E. Edwards

引用次数: 0

The UN at 75: Success Stories From the Trusteeship System 联合国成立75周年:托管制度的成功故事

Pace International Law Review Pub Date : 2021-05-24 DOI: 10.58948/2331-3536.1411

M. Wojcik

引用次数: 0

Justice Delayed, Justice Denied? The Search for Accountability for Alleged Wartime Atrocities Committed in Sri Lanka 正义被拖延，正义被拒绝?寻求对斯里兰卡战争暴行的问责

Pace International Law Review Pub Date : 2021-05-24 DOI: 10.58948/2331-3536.1409

Aloka Wanigasuriya

引用次数: 0

COVID-19 Pandemic, The World Health Organization, and Global Health Policy COVID-19大流行，世界卫生组织和全球卫生政策

Pace International Law Review Pub Date : 2021-05-24 DOI: 10.58948/2331-3536.1408

Cosmas Emeziem

{"title":"COVID-19 Pandemic, The World Health Organization, and Global Health Policy","authors":"Cosmas Emeziem","doi":"10.58948/2331-3536.1408","DOIUrl":"https://doi.org/10.58948/2331-3536.1408","url":null,"abstract":"The emergence and quick spread of the COVID-19 pandemic has shifted the focus and dynamics of the debates about global health, international law, and policy. This shift has overshadowed many of the other controversies in the international sphere. It has also highlighted the tensions that often exist in international affairs—especially in understanding the place and purpose of international institutions, vis-à-vis states, in the general schema of public international law. Central to the international response to the current pandemic is the World Health Organization (WHO)—a treaty-based organization charged with the overarching mandate of ensuring “the highest possible level of health” for all peoples.1 Interestingly, the WHO has also become entangled in a foreign policy spat between China and the United States of America. This work explores the public international law aspects of the  Cosmas Emeziem, LL.B. (Nigeria), LL.M., J.S.D. (Cornell), MPA Fellow at the Cornell Institute for Public Affairs (CIPA), Cornell University, Ithaca, New York. Dr. Emeziem sits on the Editorial Board of the Cornell Policy Review. I thank Professor Muna Ndulo, William Nelson, Cromwell Professor of International and Comparative Law at Cornell Law School, and Dr. Pontian Okoli of the University of Stirling School of Law for their helpful comments. I acknowledge the diligence and excellent work of the Editorial Board of Pace International Law Review. Any error of law or omission of fact is absolutely mine. 1 Constitution of the World Health Organization [WHO] art. 1, June 22, 1946, 62 Stat. 2679, 14 U.N.T.S. 185 [hereinafter WHO Const.].","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133084966","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

Doe v. Nestle, S.A.: Chocolate and the Prohibition on Child Slavery 多伊诉雀巢公司:巧克力与禁止儿童奴役

Pace International Law Review Pub Date : 2021-05-24 DOI: 10.58948/2331-3536.1410

Megan M. Coppa

引用次数: 0

Deinstitutionalization, Family Reunification, and the "Best Interests of the Child": An Examination of Armenia's Child Protection Obligations Under Conventional International Law 去机构化、家庭团聚和“儿童的最大利益”:审视亚美尼亚在传统国际法下的儿童保护义务

Pace International Law Review Pub Date : 2021-05-24 DOI: 10.58948/2331-3536.1407

George S. Yacoubian

引用次数: 1