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You are here: Volume 35, Issue 1

Read full article (PDF file, 533 KB) 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…
Read full article (PDF file, 356 KB) 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…
Read full article (PDF file, 430 KB) 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…
Read full article (PDF file, 220 KB) 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…
Read full article (PDF file, 287 KB) 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,…
Read full article (PDF file, 54 KB) 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…
Read full article (PDF file, 40 KB) 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…
Read full article (PDF file, 89 KB) 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…
  Read full article (PDF file, 143 KB) 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…