scholarly journals Acts of genocide and international law

2021 ◽  
pp. 44-54
Author(s):  
Stefan Kirchner ◽  
Doly P. Orozco López
Keyword(s):  
United States ◽  
International Law ◽  
Central America ◽  
United States Of America ◽  
The United States ◽  
International Treaty ◽  
Customary International Law ◽  
Treaty Law ◽  
Women And Children ◽  
Jus Cogens

In addition to the loss of over 200,000 lives due to the COVID-19 pandemic, racist violence, riots, wildfires, storms and political controversies in an election year, the United States of America might now also see acts of genocide. If recent reports are confirmed, multiple acts of genocide have been committed against migrants from Central America, targeting in particular women and children. This text outlines the elements which define the crime of genocide under international law and explains the special, jus cogens, status the prohibition of genocide has under both international treaty law and customary international law. It includes a call for further investigations, pursuant to the obligation of all States to combat genocide.

The World Court and Jus Cogens

1987 ◽  
Vol 81 (1) ◽  
pp. 93-101 ◽  
Author(s):  
Gordon A. Christenson
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
The United States ◽  
Customary International Law ◽  
The World ◽  
The United Nations ◽  
Jus Cogens ◽  
United Nations Charter

In the merits phase of decision in the case brought by Nicaragua against the United States, the World Court briefly mentions references by states or publicists to the concept of jus cogens. These expressions are used to buttress the Court’s conclusion that the principle prohibiting the use of force found in Article 2(4) of the United Nations Charter is also a rule of customary international law.

How May Tribunals Apply the Customary Necessity Rule to the Argentine Cases? An Analysis of ICSID Decisions with Respect to the Interaction between Article XI of the U.S.-Argentina BIT and the Customary Rule of Necessity

2013 ◽  
Author(s):  
El-Hage Javier
Keyword(s):  
United States ◽  
International Law ◽  
United States Of America ◽  
The United States ◽  
Customary International Law ◽  
Legal Norms ◽  
Specific Focus ◽  
Argentine Republic ◽  
The Face ◽  
The U.S

This chapter addresses the question of why the nine decisions from the International Centre for Settlement of Investment Disputes (ICSID) arising under the treaty between the United States of America and the Argentine Republic concerning the reciprocal encouragement and protection of investment have been so inconsistent in the face of largely undisputed facts and identical legal norms. It first sets forth, in abstract, a set of interpretive parameters and corresponding legal rationales that may be followed by tribunals when dealing with situations in which treaty and customary international law rules interact. It then analyzes each of the Argentine decisions according to the interaction rationales chosen by tribunals and committees, with a specific focus on the consistency of their own arguments for the application of the rule of necessity of customary international law.

Różne perspektywy dotyczące skutków art. 95 CISG

2020 ◽  
Author(s):  
Małgorzata Danuta Pohl-Michałek
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
United States Of America ◽  
Democratic Republic ◽  
The United States ◽  
Private International Law ◽  
United Nations Convention ◽  
International Sale Of Goods ◽  
Conflict Of Law

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) was adopted in order to provide uniform rules governing the international sale of goods. It has already been ratified by an impressive number of 92 Contracting States, with the major trading countries taking the lead. The CISG applies to contracts for the sale of goods between parties whose places of business are in different States, where the States are CISG Contracting States (Article 1(1)(a)). Moreover, it applies to contracts for the sale of goods when the contracting parties have their places of business in different States and when the rules of private international law lead to the application of the law of a CISG Contracting State (Article 1(1)(b)). However, at the time of ratification, the prospective Contracting States are given the possibility of making additional reservations, including one set out in Article 95 CISG, which limits the application of Article 1(1)(b) of the Convention. Although there are some CISG Contracting States that initially applied the reservation but have since withdrawn it, there are still a few Contracting States where the reservation remains[1], including the two largest trading countries – China and the United States. The paper presents various approaches regarding the interpretation of the effects of the reservation set out in Article 95 CISG, which in fact challenge the principle of the uniform interpretation and application of the Convention’s provisions. The author argues that the Article 95 CISG reservation leads to increased confusion and problematic conflict of law issues that bring more chaos than benefits.   [1] The remaining Article 95 CISG Reservatory States are: Armenia, China, the Lao People's Democratic Republic, Saint Vincent and the Grenadines, Singapore, Slovakia and the United States of America. Information is based on the official website: https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=X-10&chapter=10 (accessed: 9.12.2019).

scholarly journals Tungiasis: A Rare Parasitic Infestation in Genitals of a Native Male from Kathmandu

2018 ◽  
Vol 15 (3) ◽  
pp. 295-297
Author(s):  
Shreya Shrivastav ◽  
Ram Chandra Adhikari
Keyword(s):  
United States ◽  
Central America ◽  
United States Of America ◽  
Parasitic Infection ◽  
Surgical Excision ◽  
The United States ◽  
Parasitic Infestation ◽  
Tunga Penetrans ◽  
The World ◽  
Imported Cases

Tungiasis is a common parasitic infection inmany parts of the world, including South and Central America and parts of Africa. It is rare in other places, such as in India and Pakistan and imported cases have been reported in Taiwan, Italy, the United States of America, etc. Our diagnosis was made based on histopathologiocal features of the parasite, which corresponds too ther reports and description of tungiasis.1-3 It was treated by surgical excision alone. The fact that the disease has never been reported in Nepal makes it difficult to diagnose clinically, but should be considered in the future. Histopathology can aid in diagnosingthis rare condition.Keywords: Nepal; tunga penetrans; tungiasis.

scholarly journals International Law in the US Legal System

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
International Law ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
Foreign Affairs ◽  
Sovereign Immunity ◽  
War Powers ◽  
Jus Cogens ◽  
The U.S

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional Founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

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