domingo, diciembre 22, 2024

Archivo de Etiquetas: Supreme Court

Convention for the Establishment of a Central American Court of Justice (1907)

Convention for the Establishment of a Central American Court of Justice. The Governments of the Republics of Costa Rica, Guatemala, Honduras, Nicaragua and Salvador, for the purpose of efficaciously guaranteeing their rights and maintaining peace and harmony inalterably in their relations, without being obliged to resort in any case to …

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Prosecuting pirates in national courts: US v Said and piracy under US law

Prosecuting pirates in national courts: US v Said and piracy under US law On August 17, a US District Court handed down a fascinating piece of statutory interpretation that apparently means that unless a Somali pirate succeeds in stealing something, he cannot be charged with piracy under US law. There …

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ICJ finds that Kosovo’s Declaration of Independence not in Violation of International Law

ICJ finds that Kosovo’s Declaration of Independence not in Violation of International Law The International Court of Justice has held that the declaration of independence by Kosovo is not in violation of international law.  Despite what is likely to be said in the media, this opinion is rather narrow. The Court …

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A Human Right to Water? The South African Constitutional Court’s Decision in the Mazibuko Case

A Human Right to Water? The South African Constitutional Court’s Decision in the Mazibuko Case Peter Danchin is Associate Professor of Law at The University of Maryland Law School.  His recent articles have been published in the Journal of Law and Religion, the Yale Journal of International Law, and the Harvard International Law Journal. …

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One step forward, two steps backward: The ICJ interprets Mexico’s Request for Interpretation of Avena and other Mexican Nationals

One step forward, two steps backward: The ICJ interprets Mexico’s Request for Interpretation of Avena and other Mexican Nationals On 19 January 2009, the International Court of Justice formally declined to interpret its judgment in the Case of Avena and Certain Other Mexican Nationals (Avena), which dealt, as did its …

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The Occupation of the Gaza Strip and the continued renouncement of responsibility

The Occupation of the Gaza Strip and the continued renouncement of responsibility A recent judgment of the Israeli Supreme Court in the case of HCJ 10265/05 Physicians for Human Rights v Defense Minister (judgment of 7 October 2008) reexamines a number of questions concerning not only the status of the …

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The Israeli Supreme Court denies the occupied Palestinian population the right to leave their country

The Israeli Supreme Court denies the occupied Palestinian population the right to leave their country In another worrying judgment generated by the Israeli HCJ, the Court upholds that the occupying power can restrict the basic human right to leave one’s country and the freedom of movement (Article 12 of the …

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