Title:Constitutionalism, Managerialism and the Ethos of Legal Education
Author(s):KOSKENNIEMI, MarttiDate:2007Type of Publication:ArticleAbstract:The judgment of the European Court of Justice in the Mox Plant case in 2006 is striking in its narrowness of vision. It imagines European law in fully autonomous terms, analogous to the national laws of European States ...
Title:Metodi di Soluzione di Conflitti fra Giurisdizioni Internazionali
Author(s):CANNIZZARO, EnzoDate:2007Type of Publication:ArticleAbstract:In the Genocide Convention case the ICJ seemed to adopt a twofold attitude towards the findings of the ICTY. Whereas it tended to show a certain deference to these findings, in matters of common concern, it radically denied ...
Title:The Opening of the Human Mind
Author(s):ALLOTT, PhilipDate:2007Type of Publication:ArticleAbstract:An anthropology of law is a useful method for diagnosing the mental health of a given society. The sad state of the idea of international law has made, and has been made by, the sickness of international society. Social ...
Title:A Doctrinal Debate in the Globalisation Era: on the “Fragmentation” of International Law
Author(s):DUPUY, Pierre-MarieDate:2007Type of Publication:ArticleAbstract:The fragmentation of international law is not proven, even if the dangers of its realisation are, according to some commentators, certain; but this idea already constitutes a common point, a way of thinking, within academic ...
Title:The Yearning for Unity and the Eternal Return of the Tower of Babel
Author(s):CARTY, AnthonyDate:2007Type of Publication:ArticleAbstract:International lawyers frequently aspire to affirm the existence of international community and the presence of authority to speak on its behalf. However by forcing a hierarchical representation of legal values upon nations, ...
Title:The Role of the Judge in International Law
Author(s):CONFORTI, BenedettoDate:2007Type of Publication:ArticleAbstract:Il ruolo dei giudici, sia internazionali che nazionali, nella rilevazione e nell’applicazione delle norme internazionali è cresciuto enormemente negli ultimi decenni. Per quanto riguarda i tribunali internazionali, la loro ...
Title:The Unity of Application of International Law at the Global Level and the Responsibility of Judges
Author(s):DUPUY, Pierre-MarieDate:2007Type of Publication:ArticleAbstract:This article analyses the relationship between Courts and tribunals in the interpretation and application of international law. The goal here is of crucial importance: that of guaranteeing the unity of international law ...
Title:The Role of the International Criminal Judge in the Formation of Customary International Law
Author(s):ARAJARVI, NooraDate:2007Type of Publication:ArticleAbstract:The thrust of this Paper is to analyse the transformation of international custom construction and creation from the model of state practice supported by opinio iuris to a new concept reflected in the judicial decision of ...