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One of the fundamental principles of international humanitarian law (IHL) is that it recognizes no lesser-evil justification for breaking its rules. Those violating the laws of war will thus be viewed as war criminals even when their conduct was intended to—and in fact…
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On February 13, 2009, the Special Working Group on the Crime of Aggression (SWGCA), a group set up under the treaty establishing the International Criminal Court (ICC), announced a historic breakthrough. After five years of deliberation, the panel proclaimed it had finally reached…
Path Dependence in Discrimination Law: Employment Cases in the United States and the European Union
Written by Katerina Linos
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Race analogies are a staple of U.S. antidiscrimination advocacy. However, many worry that race precedents have made U.S. equality law overly formalistic and have blocked sex, disability, age, and sexual orientation claims that do not fit neatly into the race-blindness paradigm.
Are race…
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Enforced disappearance as a crime under international law has a long and neglected history. This Note argues that the criminal prohibition of disappearance is rooted in the laws of war, rather than in late-twentieth-century human rights law.
By analyzing the judgments of the…
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This Note explores the forms of social theory that shaped the Indian Supreme Court’s development of a regime of equality law to abolish the caste system. In particular, it focuses on the doctrine in cases where a person’s relationship to the caste system,…
Recent Development | Forthcoming Changes in the Shari’ah Compliance Regime for Islamic Finance
Written by Scott R. Anderson
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Three decades ago, many saw Islamic finance as something of an oxymoron. Religious prohibitions on the collection of interest (riba) and speculative investment (gharar) seemed to stand in clear tension with modern economic practices, limiting Muslim consumers’ ability to engage in worldwide financial…
Recent Development | A Supreme Court, Supreme Parliament, and Transnational National Rights
Written by Alyssa King
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In October 2009, the former Law Lords became justices of the newly created Supreme Court of the United Kingdom. With new jurisdiction, and with its own building and resources, the Supreme Court is separate from Parliament for the first time. The new Court…
Recent Development | North Korea and the Politics of International Trade Law: the Kaesong Industrial Complex and WTO Rules of Origin
Written by Daniel J. Knudsen & William J. Moon
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The Kaesong Industrial Complex (KIC), a new joint economic venture between the Democratic People’s Republic of Korea (North Korea) and the Republic of Korea (South Korea), is becoming a nexus of controversial issues in international trade law. The manufacturing centers at Kaesong, located…
Recent Publications
Written by YJIL Editor
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Reviewed in this issue:
International Human Rights Law: Returning to Universal Principles. By Mark Gibney
Just Trade. By Berta E. Hernández-Truyol & Stephen J. Powell
The Birthright Lottery. By Ayelet Shachar
The Tokyo War Crimes Trial: The Pursuit of Justice in the…
