Peace Settlements and International Law: From Lex Pacificatoria to Jus Post Bellum
نویسندگان
چکیده
منابع مشابه
The Theoretical Foundations of Jus Cogens in International Law
International Law has it's Constituent elements (legal systems, regimes and collections of rules); Those have interrelations from which legal networks are created. Having this in mind, the question is whether these Constituent elements only have horizental nexus or are ordered by means of factors which unified them in a vertical manner and because of that International Law is named legal orde...
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Cosmopolitans often argue that the international community has a humanitarian responsibility to intervene militarily in order to protect vulnerable individuals from violent threats and to pursue the establishment of a condition of cosmopolitan justice based on the notion of a ‘global rule of law’. The purpose of this article is to argue that many of these cosmopolitan claims are incomplete and ...
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In settling disputes regarding international commercial arbitration the parties may instead of choosing the law of one country to choose lex mercatoria or the law of merchants as a applicable law to the disputes. When this choice is possible that applicable choice of law rules recognize such power for the parties. The principle of autonomy is choosing lex mercatoria has been recognized in many ...
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The means by which ethno-religious conflicts are resolved must themselves be “peace-ful”. So arbitration must be neutral, i.e., international. And discussions must involve not just the combatants but also representatives of those in civil society who are not involved in the conflict. After much shuttle diplomacy perhaps, they must all come together to reach a settlement. In other words, they sh...
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ژورنال
عنوان ژورنال: SSRN Electronic Journal
سال: 2012
ISSN: 1556-5068
DOI: 10.2139/ssrn.2061706