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Conditional return is a potential outcome in claims for the return of cultural property of which the rightful owners were previously illegitimately dispossessed. Conditions might include a prohibition on an object’s sale or the repayment of compensation. Despite its use, there is a noticeable lack of critical discussion on the appropriateness of conditional return in these claims. Imposing conditions on the rightful owner of cultural property is impractical, ignorant of the context, and ultimately at odds with ownership and its associated rights. Drawing on examples from Nazi-era claims and Native American claims, I show that the use of conditional return is inappropriate and ultimately unhelpful in achieving the goals of restitution and fair and just solutions. This article further reveals the covert and malignant forms of conditional return that hide under power structures and assumptions of authority and expertise. Both overt and covert conditional return ought to be prohibited given their inappropriateness and impracticality in these contexts.
Law and society scholars have examined how nonlegal actors, or “legal intermediaries,” construct the meaning of compliance as they translate law into organizational practice and policy. This article applies the legal intermediaries framework to analyze how higher education professionals navigate federal and state immigration law to mitigate the impact of illegality on undocumented students at the institutional level. We find that staff work within the underdefined, flexible, and often complex dimensions of immigration law by developing “creative solutions,” or university-specific policies and practices that interpret and apply existing legal frameworks in ways that broaden access to opportunities for undocumented students. Staff proceed through four steps within this process: developing an understanding of one’s legal and professional context, implementing and troubleshooting solutions, raising awareness and mobilizing support across and beyond the institution, and institutionalizing workarounds. In the process, staff shape broader understandings and organizational treatment of (il)legality at their respective institutions. Through this analysis, we extend the literature on legal intermediaries to the immigration context. We also refine the processes involved in the organizational intermediation of compliance and identify the set of contextual factors that may facilitate or hinder the creative solutions process within and beyond higher education.
This Article examines the evolving stance of Russia and China on the use of sanctions, highlighting a notable shift from their traditional opposition to unilateral coercive measures toward increasingly employing such tools themselves. While both countries have consistently criticized sanctions not endorsed by the UN Security Council, recent practices reveal a growing reliance on national legal frameworks to impose retaliatory and strategic sanctions. China, for instance, has introduced targeted measures against foreign officials and companies, particularly in response to perceived threats to its sovereignty, such as arms sales to Taiwan. Russia, in turn, has enacted counter-sanctions against Western states through export bans and travel restrictions. The Article explores this duality and analyzes its implications for international law, contending that the gap between rhetoric and practice may signal a reconfiguration of the normative landscape surrounding unilateral sanctions.
This book provides a basic guide to the new World Trade Organization (WTO) code of conduct, and then focuses on the problems and issues arising in relation to its implementation. It considers the institutional aspects of the WTO along with an explanation of the substantive provisions of the WTO code. The establishment of the WTO places the international trading system on a firm constitutional footing. The Marrakesh Agreement establishing the WTO sets out the purposes and objectives of the WTO and its institutional framework. The primary purposes of the WTO are twofold: to ensure the reduction of tariffs and other barriers to trade, and the elimination of discriminatory treatment in international trade relations. The book presents an examination of the GATT 1994, and the various agreements arising from the Uruguay Round Of Multilateral Trade Negotiations. It consists of a general examination of the various techniques employed in order to ensure the implementation of the WTO code. The book presents the theory of the techniques of implementation and explores the various elements of the implementation techniques employed in the WTO code, other than the Trade Policy Review and Dispute Settlement Mechanisms. It focuses on dispute settlement which is an important technique of implementation and comprises an examination of the Trade Policy Review Mechanism. The book focuses on preconditions in the framework of implementation and on the issues and problems of implementation in so far as they relate to developing countries and trade 'blocs'.
This book is the collective use of force within the framework of the Charter, whose ambitious project is based on the premise that armed force can be resorted to exclusively in the common interest. It begins with a short discussion of the powers granted to the Security Council for the discharge of its primary responsibility for the maintenance of international peace and security, and the conditions under which these powers may be exercised. The United States, supported by its NATO allies, or at least some of them, openly challenged the authority of the Security Council and attempted to downgrade its authorisation from a legal requirement to a matter of political convenience. The book deals with the use of force by States either individually or jointly. Through the lenses of the interaction between the Charter and customary international law, it considers the evolution of the right to self-defence, the only exception expressly provided for in the Charter, and the possible re-emergence of other exceptions. The book focuses in particular on the controversial question concerning the legality of the threat or use of nuclear weapons in self-defence and of the pre-emptive military action against threats posed by these weapons. Often referring to the recent Iraqi crisis, it further deals with the collective and unilateral means at the disposal of the United Nations and its members to enforce disarmament obligations and tackle the proliferation of weapons of mass destruction.
This book provides a critical exposition of the international law concerning child soldiers. It starts by looking at the situation of child soldiers in the world today, examining why children are recruited into armed forces and groups; why they volunteer for military service; and, once recruited, what treatment they receive. The book explores how perceptions of childhood and children's rights have changed, and how this has affected the ways in which child soldiers have been treated. It describes the activities of the United Nations with regard to the child soldier phenomenon. The book examines the legal regulation of the recruitment and use of children in hostilities. It shows that although international law comprehensively regulates the recruitment and use of child soldiers, owing to the plethora of treaties on the subject, states' obligations continue to differ and children can still lawfully be recruited and used to participate in armed conflict. The book discusses how, once recruited into armed forces and groups, international law treats child soldiers. It considers the status of child soldiers as combatants and as persons in the power of an adverse party in both international and internal armed conflicts, and states' obligations with regard the disarmament, demobilisation and reintegration of child soldiers. An unusual feature of how child soldiers are viewed is that they are often seen as both victims of human rights abuses and as human rights violators. Finally, the book examines the extent to which the recruitment and use of child soldiers is an international crime.
The phenomenon of pre-conditions, or to coin a phrase 'World Trade Organization (WTO) conditionality', from an implementation perspective has not been widely considered as such. Yet 'pre-conditions' as a technique for ensuring or facilitating the observance of the WTO code are a method employed by the WTO. It is of particular significance at the time of the accession of a state. This chapter focuses on accession alone but the observations are of general relevance. Under Article XXXIII of GATT 1994 accession by a government is permitted, so that an entity that is not a state or a nation can also be a party to the agreement. The chapter illustrates account from the report of the Working Party on the accession of El Salvador.
The dispute settlement framework is described in the Understanding on Rules and Procedures Governing the Settlement of Disputes (the Understanding). The primacy and significance of the institutional framework under the Understanding is reinforced by the edict to members that they are not to make determinations of violations under the World Trade Organization (WTO) code, except through recourse to the mechanisms under the Understanding. A Dispute Settlement Body (DSB) has been established to administer the rules and procedures under the Understanding. The jurisdiction of the DSB, under the institutional framework of the WTO, extends to the whole of the WTO code. Thus the remit of the DSB includes trade in goods, services and intellectual property rights, and is generally coterminous with the GATT 1994.
Children often wish to avoid recruitment into armed forces and groups, and child soldiers often face harsh treatment from their commanders and comrades. Recruiting children under the age of 15 years is viewed as a sufficiently serious breach of international law so as to give rise to individual criminal responsibility. In recent years, there has been a tendency to subject asylum seekers to closer scrutiny to determine whether, by reason of their previous conduct, they are undeserving of refugee status. It has been argued that children should never be subject to exclusion from refugee status under Article 1F. Such a view, however, is contrary to both the wording and the drafting history of the provision. In practice, children have been excluded from refugee status as a result of the application of Article 1F.
This chapter considers the consequences of children's mental and moral immaturity for their criminal responsibility for their actions, and the availability of a defence of duress in respect of child soldiers' responsibility for atrocities, given that their participation in hostilities is frequently coerced. It shows that international law provides only vague guidelines with regard to the minimum age of criminal responsibility and only permits duress as a defence to international crimes in very limited circumstances. The chapter looks at the scope of the defence of intoxication, although it will be seen quickly that this defence raises fewer issues, as it applies to children in much the same manner as it does to adults. In his report on the establishment of a Special Court, the UN Secretary-General acknowledged the difficulty of prosecuting child soldiers for war crimes and crimes against humanity, given their dual status as both victims and perpetrators.