international court of justice article 38

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7.980 documents for international court of justice article 38

- Security Council targeted sanctions, due process and the 1267 Ombudsperson.
...This article proceeds in five parts. The article will begin by ..., supported by holdings of the International Court of Justice. Part II also examines the sources of i...(38) Resolution 1390 also invites states to report to ...
- Georgetown Journal of International Law
- Vol. 42 Nbr. 3, March 2011
- Velez v. Sanchez, (2nd Cir. 2012)
... UNITED STATES COURT OF APPEALS. FOR ... that the defendants violated international law under the ATS. See Freedom Holdings, Inc. v. CCuomo, 624 F.3d 38, 49 (2d Cir. 2010) ("We may affirm the district... of international law identified in Article 38 of the Statute of the International Court of Ju... Statute of the International Court of Justice art. 38, June 26, 1945, 59 Stat. 1055, 1060, 33 U....
- Federal Circuits
- Investing in culture: underwater cultural heritage and international investment law.
.... In this context, this Article aims to reconcile private interests with the publi... conflicting interests and philosophies, courts have struggled to settle cultural heritage dispute...(38) . B. The UNESCO Convention on the Protection of U... the Statute of the International Court of Justice, (57) they have become more influential in shaping...
- Vanderbilt Journal of Transnational Law
- Vol. 42 Nbr. 3, May 2009

- Finding International Law: Rethinking the Doctrine of Sources
The doctrine of sources has served international law well over the past century, providing structure and coherence during a time when international law was expanding rapidly and dramatically. But the doctrine's explanatory power is increasingly being challenged. Current doctrine tells us that treaties are international law; empirical evidence, however, suggests that treaties are poor predictors of state practice. The expansion of the international community, the rise of human rights, developments in international legal theory, and the international system's need to adapt to changing circumstances have also put pressure on the reified role of "treaty" in identifying rules of international law. Drawing from a number of theories developed to explain why states comply with international...

... Law Review for their work editing this Article and preparing it for publication. Most of all, tha... rights and strong internal actors (e.g., courts and NGOs) may be less likely to ratify a treaty-ev... of international law often starts with Article 38(1) of the Statute of the International Court of Ju... result from those principles of natural justice, in which all the learned of each nation agree: or...
- Iowa Law Review
- Nbr. 93-1, November 2007
- From colorblindness to antibalkanization: an emerging ground of decision in race equality cases.
.... --Justice Anthony M. Kennedy (2007) (3) . INTRODUCTION . At ...This Article explores the conflict as it plays out a half-centuury after King spoke, in the Supreme Court's recent decisions addressing race-conscious effor...J.A. Croson Co. (38) and Adarand Constructors, Inc. v. Pena, (39) the ... that might make domestic and international security more equitable and effective. (246) Wheth...
- Yale Law Journal
- Vol. 120 Nbr. 6, April 2011
- International environmental law-making and the International Court of Justice.
... of Justice." But, of course, according to Article 38 of the Court's Statute, (1) the Court is called...
- Proceedings of the Annual Meeting-American Society of International Law
- Nbr. 105, January 2011
- New voices.
... interpretation (1) or even an appeals court of international law--or if we could devise doctri... that despite our constant invocation of Article 38 of the Statute of the International Court of Ju...
- Proceedings of the Annual Meeting-American Society of International Law
- Nbr. 104, January 2010
- Kiobel v. Royal Dutch Petroleum, (2nd Cir. 2010)
... UNITED STATES COURT OF APPEALS. FOR T...alleging violations of customary international law, the scope of liability--who is liable for wha...As Justice Robert H. Jackson, chief prosecutor for the United...Smith, 198 F.3d 377, 383 (2d Cir. . 1999) (some internal quotation marks om... of international law identified in Article 38 of the Statute of the International Court of Ju...
- Federal Circuits
- Clapper v. Amnesty International USA, 568 U.S. (2013)
... Held: Respondents do not have Article III standing. Pp. 8-24. (a) To establish Article I... JUSTICE ALITO delivered the opinion of the Court.Section 7...Tr. of Oral Arg. 38; App. to Pet. for Cert.338a, 345a, 367a, 400a.6 T...
- U.S. Supreme Court
- Counter-terrorism and human rights: the emergence of a rule of customary int'l law from U.N. resolutions.
... agreed-upon definition of terrorism, this article will argue that it is nonetheless possible to hold... United Nations and decisions of national courts which represent a step toward the codification of ... cases of the International Court of Justice (I.C.J.), but also on the more foundational I.C.J.... of sources of international law under Article 38 of the Statute of the International Court of Justi...
- Denver Journal of International Law and Policy
- Vol. 37 Nbr. 2, March 2009