The question what motivates judges to use the preliminary reference mechanism has been subject to academic debate for the past decades. More recently, a second wave of literature emerged which employs qualitative methodologies in an attempt to address this question. However, this … [Read more...]
Self-determination and Access to Independence under Current International Law: From Language to Concept
This article examines the legal concepts and principles describing and regulating the means of accessing independence under current general international law. It argues that there is a gap between a legal language widely used by scholars today and the original state consensus … [Read more...]
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AI-Based Evidence in Criminal Trials?
Smart devices are increasingly the origin of critical criminal case data. The importance of such data, especially data generated when using modern automobiles, is likely to become even more important as increasingly complex methods of machine learning lead to AI-based evidence … [Read more...]
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Between Salvation and Cynicism: TWAIL Perspectives on International Organizations
This paper surveys the relationship of Third World Approaches to International Law (TWAIL), in both state practice and scholarship, to international organizations and international organizations law. International organizations exercise far-reaching powers that condition how … [Read more...]
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Relational Human Rights Responsibility
When a private corporation cooperates with States as well as international organizations and conduct stemming from this cooperation results in international human rights violations, who can be held legally responsible? This Article dissects systemic deficiencies in the … [Read more...]
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